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HomeMy WebLinkAbout6009 LICENSE AGREEMENT AGREEMENT made and entered into as of the .(oma' day of J c , �0, by and between the CITY OF BREMERTON, a Washington municipal corpordt on("City"), and Ziedonis Rocens, an individual, ("Licensee"). WHEREAS, City is the owner of certain real property in the City of Bremerton, Kitsap County, Washington, commonly known as parcel number: 3731-004-010-00208, and legally described as set forth in Exhibit A, which is attached and incorporated herein by this reference (hereinafter "City Property"). WHEREAS, Licensee desires to utilize a portion of City Property for purposes of parking for two standard size motor vehicles and no RV's and maintaining plantings. NOW, THEREFORE, in consideration of the mutual benefits to be derived, it is agreed: 1. License and Conditions. City agrees to provide Licensee this non-exclusive license to utilize a portion of City Property upon the following conditions: A. Use: This license is granted to Licensee for use of City Property, described in Exhibit B, attached hereto and by this reference made a part hereof("License Property") for the purpose parking 2 (two) standard sized vehicles and no RVs . B. Term: The term of this license shall be continuing until terminated as provided in Section 3 below. C. Payment: In consideration for the granting of this license, Licensee shall pay the City a total of$50 per year. D. This license is given only for the above stated purpose. Any extension or modification of the scope of use shall only be in writing. E. Licensee shall reasonably carry out the uses allowed within the License Property so as not to interfere with the City's use and operation of the License Property. F. Licensee shall maintain the License Property in good condition, shall clean any debris and litter, and shall be responsible for any property damage resulting from its use of the License Property. Licensee shall be responsible for its own property located, maintained or stored on the License Property. G. This license is non-assignable. 2. Indemnification. Licensee shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in 1 ROCENS License Agreement connection with the Licensee's use of the License Property pursuant to this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Licensee and the City, its officers, officials, employees, agents and volunteers, the Licensee's liability hereunder shall be only to the extent of the Licensee's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE LICENSEE'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. 3. Insurance. Licensee shall procure and maintain for the duration of this license, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the operation of this License by Licensee, its agents, representatives, employees, contractors or subcontractors. The following combination of insurance is adequate for the City to grant the License: (1) Homeowner's Insurance - ISO Form - with Section II. Liability; and a standard Auto Liability Policy—ISO Form—with a minimum per occurrence limit of$100,000. By the effective date of this License Agreement, Licensee shall provide a Certificates of Insurance evidencing: the above-described Homeowner's and Auto Liability policies. Any payment of deductible or self-insured retention shall be the sole responsibility of Licensee. 4. Termination. City may terminate this License at its sole discretion, for convenience or otherwise and for no consideration or damages. 5. Modification. This License may not be modified, altered, or amended unless first approved in writing by the City. 6. Breach. In the event of any alleged breach or threatened breach of this License Agreement by either party, and if City and Licensee are unable to cure the breach or otherwise resolve their dispute, then final resolution of the dispute or claim shall occur solely under the jurisdiction and venue of the Kitsap County Superior Court, and each 2 ROCENS License Agreement party shall be responsible for its own legal costs and attorney fees incurred in defending or bringing that claim or lawsuit. 7. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors. 8. Entire Agreement. This License Agreement document contains the entire agreement between the parties and, in executing it, City and Licensee do not rely upon any statement, promise, or representation, whether oral or written, not expressed herein. 9. Non-Waiver. Waiver of a breach of any provision hereof shall not be deemed to be a waiver of a breach of any other provision or a subsequent breach of the same provision. 10. Notices. Any notice desired or required to be given hereunder shall be in writing, and shall be deemed received three days after deposit with the U.S. Postal Service,postage fully prepaid, certified mail,return receipt requested, and addressed to the party to which it is intended at its last known address, or to such other person or address as either party shall designate to the other from time to time in writing forwarded in like manner: City of Bremerton Attn: Contracts Administrator Finance Department 345 6th Street STE 100 Bremerton, WA 98337 11. Severability. In the event that one or more provisions of this Agreement shall be determined to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof, the remainder of the Agreement shall remain in full force and effect and the invalid provisions shall be deemed deleted. 12. Counterparts. This License may be executed in two or more counterparts, any of which shall be deemed an original but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, this License Agreement is executed and shall become effective as of the last date signed below. CITY OF BREMERTON ZIEDONIS ROCENS By:— By: •;2-- Print Name: .�,� Print Name: Ziedonis Rocens Its: jam:r-G C49 o (01.2 L) Its: O ) 2 Date: 7/Z.6/ /-' Date: 1 3 ROCENS License Agreement Approved as to form: f:t, 6� City Attorney b . _' C t-l-t) I L1 k„ R:\Legal\Legal\Forms\Licenses\License Agreement-Form 2011.doc 4 ROCENS License Agreement • • EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF LOTS 10 AND 11, BLOCK 4 OF THE PLAT OF CENTRAL ADDITION TO THE CITY OF BREMERTON AS RECORDED IN VOLUME 3 OF PLATS, PAGE 103, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED FOR TAX PURPOSES ONLY, LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE EAST LINE OF THE SAID LOT 10, BLOCK 4, 118 NORTH OF THE SOUTHEAST CORNER OF SAID LOT, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE WEST 40 FEET, MORE OR LESS, TO A POINT WHICH IS 126.25 FEET EAST OF THE WEST LINE OF SAID BLOCK 4 AND 118 FEET NORTH OF THE SOUTH LINE OF SAID BLOCK 4; THENCE NORTH PARALLEL TO THE WEST LINE OF SAID BLOCK 4, 90 FEET; THENCE WEST TO THE WEST LINE OF SAID LOT 11 AND THE TERMINUS; AND LYING SOUTH OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHWEST CORNER OF THE SAID NORTH 90 FEET OF LOT 1, TRACT 1 OF THE PLAT OF WARREN SMITH'S ACRE TRACTS,AS RECORDED IN VOLUME 2 OF PLATS, PAGE 51, RECORDS OF KITSAP COUNTY, WASHINGTON; THENCE SOUTH ALONG THE WEST LINE OF SAID LOT 1, 23 FEET, MORE OR LESS, TO THE INTERSECTION OF SAID WEST LINE AND THE EXTENSION OF THE NORTH LINE OF THE SOUTH 14 FEET OF SAID LOT 3, BLOCK 5 OF SAID PLAT OF CENTRAL ADDITION TO THE CITY OF BREMERTON; THENCE WEST ALONG NORTH LINE 166 FEET, MORE OR LESS, TO THE EASTERLY RIGHT-OF-WAY OF ELIZABETH AVENUE AND THE TERMINUS. TOGETHER WITH VACACATED ALLEYS LYING ADJACENT TO THE ABOVE DESCRIBED PARCEL.>> BEING DESCRIBED BY BOUNDARY LINE AJDUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 200012190174 RECORDS OF KITSAP COUNTY, WASHINGTON. SITUATE IN KITSAP COUNTY, WASHINGTON. 5 ROCENS License Agreement EXHIBIT "B" ENTIRE PARCEL ENCUMBERED BY EASEMENT THAT PORTION OF LOTS 10 AND 11,BLOCK 4 OF THE PLAT OF CENTRAL ADDITION TO THE CITY OF BREMERTON AS RECORDED IN VOLUME 3 OF PLATS,PAGE 103,RECORDS OF KITSAP COUNTY,WASHINGTON,DESCRIBED FOR TAX PURPOSES ONLY,LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE EAST LINE OF THE SAID LOT 10,BLOCK 4,118 NORTH OF THE SOUTHEAST CORNER OF SAID LOT,SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING;THENCE WEST 40 FEET,MORE OR LESS,TO A POINT WHICH IS 126.25 FEET EAST OF THE WEST LINE OF SAID BLOCK 4 AND 118 FEET NORTH OF THE SOUTH LINE.OF SAID BLOCK 4;THENCE NORTH PARALLEL TO THE WEST LINE OF'SAID BLOCK 4,90 FEET;THENCE WEST TO THE WEST LINE OF'SAID LOT I I AND THE TERMINUS; AND LYING SOUTH OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHWEST CORNER OF THE.SAID NORTH 90 FEET OF LOT 1,TRACT I OF THE PLAT OF WARREN SMITH'S ACRE TRACTS, AS RECORDED IN VOLUME 2 OF PLA'T'S,PAGE 51,RECORDS OF KITSAP COUNTY, WASHINGTON;THENCE.SOUTH ALONG THE WEST LINE OF SAID LOT 1,23 FEET,MORE OR LESS,TO THE. INTERSECTION OF SAID WEST LINE AND THE EXTENSION OF THE NORTH 7.111E OF THE SOUTH 14 FEET OF SAID LOT 3,BLOCK 5 OF SAID PLAT OF CENTRAL ADDITION TO THE CITYOF BREMERTON;THENCE WEST ALONG NORTH LINE 166 FEET,MORE OR LESS,To THE EASTERLY RIGHT-OF-WAY OF ELIZABETH AVENUE AND THE TERMINUS.TOGETHER WITH VACACATED ALLEYS LYING ADJACENT TO THE ABOVE DESCRIBED PARCEL.»BEING DESCRIBED BY BOUNDARY LINE AJDUSTMENT RECORDED UNDER AUDITOR'S FILE NO.200012190174 RECORDS OF KITSAP COUNTY,WASHINGTON.SITUATE IN KITSAP COUNTY,WASHINGTON. -- 001.00 00141 'ENCUMBERED PARCEL ols 0: els•el 00240 014,00 0011•00 009.00—" ao4 eo '�J 004-00 O10 OZ .; 013 01 • ---� oi 0051:1 1� 005-00 � ,.� 0E13 012.01 OOe•00_�J t�_JJ 011.09 •"��— 010•N 001 03 MAO 002.02 010-DO { 1 1X1= BENEFITING LOTS) 6 ROCENS License Agreement DATE: FEBRUARY 08, 2019 ®MAPFRE IINSURANCE- POLICY NUMBER: ACPA-002100129 Commerce West Insurance Company P.O.Box 6007 Gilbert,AZ 85299-6007 Toll-free 1-877-627-3731 www.mapfreinsurance.com ZEIDON ROCENS 077-Y77-132 1117 PARK AVE AAA WASHINGTON INS AGENCY BREMERTON, WA 98337 TERESA L. KENNEDY PO BOX 91247 BELLEVUE, WA 98009 DEAR POLICYHOLDER, YOUR ABOVE-REFERENCED POLICY WILL BE RENEWING IN THE NEAR FUTURE. SINCE YOU ARE ENROLLED IN OUR ELECTRONIC PAYMENT PLAN, WE WILL CONTINUE TO WITHDRAW THE PREMIUM FROM YOUR BANK ACCOUNT. BE SURE TO RECORD THESE WITHDRAWALS IN YOUR BANK ACCOUNT JOURNAL. COMMERCE WEST INSURANCE COMPANY OFFERS A PAID-IN-FULL DISCOUNT WHEN FULL PAYMENT IS WITHDRAWN AT THE BEGINNING OF A POLICY TERM. IF YOU WOULD LIKE TO HAVE YOUR BILLING SCHEDULE REVISED TO TAKE ADVANTAGE OF THE PAID-IN-FULL DISCOUNT, PLEASE CONTACT YOUR AGENT AT LEAST SEVEN (7) DAYS PRIOR TO YOUR FIRST DUE DATE. A SCHEDULE OF PAYMENTS FOLLOWS, WHICH WILL AUTOMATICALLY BE DEDUCTED FROM YOUR BANK ACCOUNT FOR THIS POLICY TERM. SINCERELY, COMMERCE WEST INSURANCE COMPANY INSTALLMENT PAYMENT NUMBER DUE DATE AMOUNT DUE 1 3/11/19 $150.29 2 4/10/19 $150.29 3 5/10/19 $150.29 4 6/10/19 $150.29 5 7/10/19 $150.29 6 8/12/19 $150.29 7 9/10/19 $150.29 8 10/10/19 $150.29 9 11/11/19 $150.29 10 12/10/19 $150.29 11 1/10/20 $150.29 12 2/10/20 $148.81 TOTAL: $1,802.00 LAST PREMIUM FOR THIS POLICY WAS $1,576.00 A $ 1 fee will apply to each installment on policies enrolled in Electronic Funds Transfer, following the initial payment on the policy term. EF04 INSURED COPY AVAI an. Washington MAPFRE I INSURANCE" PERSONAL VEHICLE POLICY DECLARATION Membereeneftri Commerce West Insurance Company RENEWAL DECLARATION P.O. Box6007 PRINTED ON 02/08/19 Gilbert,Arizona 85299-6007 (ATTACH TO PREVIOUS POLICY) Policy Number Policy Period ACPA 002100129 12:01AM 03/10/19 TO 12:01AM 03/10/20 INSURED'S COPY STANDARD TIME AT THE INSURED'S ADDRESS Named Insured(s) Your Agent ZEIDON ROCENS AAA WASHINGTON INS AGENCY #077-Y77-132 1117 PARK AVE 1 TERESA L. KENNEDY BREMERTON, WA 98337 /� PO BOX 91247 BELLEVUE, WA 98009 PHONE: 1-877-AAA-INSURE 877-222-4678 Vehicle Information Veh Vehicle Vehicle Zip # Year Make/Model Identification Tier Symbol Surcharge Code Class 1 . 1991 CHE S TRUCK 1GCDT19Z3M2115072 AGO2 9509501010 98337 999120 2. 2013 CHE MALIBU 1G11H5SAXDF326545 A602 2955003431 98337 579120 Coverage is provided if a Premium & Limit of Liability show for the coverage/vehicle. Subject to all conditions of this policy. Coverages and Limits of Liability Full Term Premium LIABILITY Limits VEH # 1 VEH # 2 BODILY INJURY $250,000 EACH PERSON/$500,000 EACH ACCIDENT $ 172.00 $ 290.00 PROPERTY DAMAGE $100,000 EACH ACCIDENT $ 131 .00 $ 221 .00 PERSONAL INJURY PROTECTION'INCREASED LIMITS $ 122.00 $ 117.00 MEDICAL & HOSPITAL BENEFITS $35,000 FUNERAL SERVICES $ 2,000 INCOME CONTINUATION BENEFITS $35,000 SUBJECT TO A MAXIMUM OF $700 PER WEEK LOSS OF SERVICES BENEFITS $14,600 SUBJECT TO A MAXIMUM OF $40 PER DAY UNDERINSURED MOTORISTS BODILY INJURY $250,000 EACH PERSON/$500,000 EACH ACCIDENT $ 106.00 $ 106.00 PROPERTY DAMAGE $100,000 EACH ACCIDENT LESS DEDUCTIBLE $ 27.00 $ 34.00 DAMAGE TO YOUR VEHICLE VEH # 1 VEH # 2 COLLISION $500 DED No Coy $ 334.00 OTHER THAN COLLISION $100 DED $100 DED $ 16.00 $ 79.00 COLL/OTC Loss Sttlmnt ACV ACV Incl Incl RENTAL REIMBURSEMENT $40/$1200 No Coy $ 47.00 OTHER COVERAGES/FEATURES PEACE OF MIND PACKAGE Incl Incl WITH DEDUCTIBLE CREDIT OF: $300 AAA MEMBER PACKAGE Incl Incl Policy Costs Total Premium Per Vehicle $ 574.00 $1,228.00 Total policy savings from discounts = $ 682.68 TOTAL POLICY PREMIUM $ 1,802.00 (Included in Total Policy Premium) (For all Vehicles on the Policy) ArA In(rimc\ 'S. - Washington ®MAPFRE(INSURANCE" PERSONAL VEHICLE POLICY DECLARATION Me,nb.r E.n.f Commerce West Insurance Company RENEWAL DECLARATION P.O.Box6007 PRINTED ON 02/08/19 Gilbert,Arizona 85299-6007 (ATTACH TO PREVIOUS POLICY) Policy Number Policy Period ACPA 002100129 12:01AM 03/10/19 TO 12:01AM 03/10/20 INSURED'S COPY STANDARD TIME AT THE INSURED'S ADDRESS Forms and Endorsements which make up this Policy Your policy includes this Description of Coverage and all other forms listed. WA PERSONAL VEHICLE POLICY (FORM # ACOO1WA (06/13)), AAA MEMBER PACKAGE ENDORSEMENT (FORM # AC004WA (12/12)), PEACE OF MIND (FORM # PA404WA (01/18)). Discounts Applied Policy: Plus/Premier Member; Advance Shopping Credit; Electronic Funds Transfer; Homeowner; Multi Vehicle Vehicle 02: Airbag-dr-pass front side Additional Interests VEHICLE 2 ADDITIONAL INTEREST: KITSAP CREDIT UNION PO Box 58790 Tukwila, WA 98138 Driver Information Dry Date of DrvAdv Marital # Name Birth License # Sts ST Status M/F Surcharge 1 ZEIDON ROCENS XX/XX/39 XXXXXXXXI5PF X WA M M Driver # Date ViolationDriver # Date Violation None Please Note RAP Assignment Level : AU COMMERCE WEST INSURANCE COMPANY DOES NOT SELL, RENT OR TRADE INFORMATION ABOUT OUR POLICYHOLDERS TO OTHER ORGANIZATIONS OR INDIVIDUALS FOR MARKETING PURPOSES. YOUR ID CARDS ARE INCLUDED AS THE LAST PAGE OF THIS PACKET. PLEASE REMOVE THEM AND PLACE THEM IN YOUR GLOVEBOX. WE ARE PLEASED TO PROVIDE A TOLL-FREE CLAIM SERVICE NUMBER 1-877-627-3731 (1-877-MAPFREI). NOW JUST ONE QUICK CALL WILL CONNECT YOU WITH A CLAIM ADJUSTER. THIS TOLL-FREE NUMBER MAY BE USED 24-HOURS A DAY, SEVEN DAYS A WEEK TO REPORT A NEW CLAIM,OR DURING REGULAR BUSINESS HOURS TO CHECK ON AN EXISTING CLAIM. WASHINGTON STATE LAW (WAC 284-24-140) NOW REQUIRES INSURERS TO UPDATE YOUR INSURANCE SCORE AT LEAST EVERY THREE YEARS WHEN CREDIT IS USED TO RATE YOUR RENEWAL POLICY. ADA 10(07/15) ® MAPFRE I INSURANCE' PRIVACY NOTICE In order to obtain insurance with us, you have provided personal information about yourself. Some of the information may be nonpublic in nature. We have a high regard for your privacy. We want you to know how we handle your personal information. This notice lists the categories of information we collect about you and explains how the information is used and protected. This notice describes our practices for our current and former customers. Any rights you may have as described in this notice are not limited by any other privacy notice we issue. Categories of Information Collected Personal information may be collected from people other than you. We collect personal information about you, including nonpublic personal information, from: . Applications for insurance or other forms you complete; Your transactions with us,such as your payment history, claims history and investigation files, policy coverages and limits; • Your agent or broker; • Consumer reporting agencies; • Government agencies or independent reporting agencies, which may include motor vehicle reports, claims reports and property inspections. Disclosure of Information We may in some circumstances, disclose the information collected about you to third parties. We do not disclose any nonpublic personal information about you unless allowed by law. We provide your information to your agent or broker.We do not sell or share your information with anyone for marketing purposes. Right to Access and Correct Information You have the right to access personal information collected about you and the right to correct any information which may be wrong. If you want a more detailed description of our information practices or your rights regarding the information we collect, please direct your inquiry to MAPFRE INSURANCE,211 MAIN STREET, WEBSTER, MA 01570 (Attention: Compliance Department). Confidentiality and Security We protect your nonpublic information.Access to this informati on is limited to employees, agents, brokers and subcontractors who must have it to provide products and services to you. We have information security programs to protect the security, confidentiality and integrity of your nonpublic personal information. Your Agent or Broker Your agent or broker is not subject to this privacy notice . MAPFRE Insurance®is a brand and service mark of MAPFRE U.S.A. Corp. and its affiliates, including American Commerce Insurance CompanysM; Citation Insurance CompanysM; The Commerce Insurance CompanysM; Commerce West Insurance CompanysM; MAPFRE Insurance CompanysM; MAPFRE Insurance Company of FloridasM; and MAPFRE Insurance Company of New YorkSM IL502CW 10 17 Page 1 of 1 Commerce West Insurance Company ADVISORY NOTICE TO POLICYHOLDER If you have purchased the PEACE OF MIND PACKAGE Endorsement the following changes have been made. PEACE OF MIND PACKAGE Endorsement The Peace of Mind Package endorsement has been amended and the following definition has been added to this endorsement: A"Surcharge" is an additional charge applied to your policy premium as a direct result of an at-fault accident. Immediate Accident Forgiveness has been changed to Immediate Accident Surcharge Forgiveness and is defined as follows: We will not apply a "surcharge"to your policy for the first at-fault accident, occurring after the addition of this package. Accident Surcharge Forgiveness will also apply to future at-fault accidents, as long as at least 36 months elapse between at-fault accidents. To receive Accident Surcharge Forgiveness,the driver must be listed and rated on the policy when the accident occurs. PA806 WA (04/18) Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PEACE OF MIND PACKAGE The Peace of Mind Package provides you with predictability about what will (and won't) happen during the ownership of your policy. Enjoy the reward of extra money saving features in addition to the excellent coverage and service you receive from us. For purposes of this endorsement only,the following definition is added: A"Surcharge" is an additional charge applied to your policy premium as a direct result of an at-fault accident. Peace of Mind Package Benefits • Deductible Credit -Your Collision and Other Than Collision deductibles are reduced by the credit shown on your declarations page under the Other Coverages/Features section. Deductible credits are earned in $100 increments for each consecutive 12 month period that your policy remains claims free up to a maximum credit of$500 or until the deductible is reduced to$0. The deductible credit is re-set to $0 for the policy term following a claim on the policy. In the event that a claim causes the deductible credit to be re-set,the policy will continue to earn credits in $100 increments as described above. If you remove the Peace of Mind Package from your policy, any accumulated deductible reduction amount will no longer be available. • Immediate Accident Surcharge Forgiveness -We will not apply a "surcharge"to your policy for the first at-fault accident, occurring after the addition of this package . Accident Surcharge Forgiveness will also apply to future at-fault accidents, as long as at least 36 months elapse between at-fault accidents. To receive Accident Surcharge Forgiveness,the driver must be listed and rated on the policy when the accident occurs. PA404 WA (01/18) Page 1 of 1 Customer Contact Center at 1-800-244-1545 or write to MAPFRE Insurance 11 Gore Rd. Webster, MA 01570 You have the right to obtain the specific items of personal and privileged information supporting an adverse underwriting decision by written request submitted to us within 90 days of the mailing of this notice. You also have the right to request, in writing, that recorded personal information about you in our possession be disclosed to you in writing, via telephone or in person. You have a right to dispute the accuracy of such recorded personal information. If, after investigation, the dispute is not resolved you have the right to submit a brief statement setting forth the nature of the dispute to MAPFRE Insurance 11 Gore Rd. Webster, MA 01570. The statement will be maintained in our files and accessible to anyone reviewing the disputed personal information. Sincerely, COMMERCE WEST INSURANCE COMPANY • CSCL INSURED COPY 4 ` Safeco InSurancelM A Liberty Mutual Company Your Insurance Policy C1.15 4/12 • a eco Insurance,. • A liberty Mutual(.o rt parry SAFECO INSURANCE COMPANY OF AMERICA Home Office: 62 Maple Ave, Keene, NH 03431 (A stock insurance company.) HOMEOWNERS POLICY DECLARATIONS POLICY NUMBER: POLICY PERIOD: FROM: JUNE 19, 2019 12:01 A M. OH2113407 TO: JUNE 19, 2020 12:01 A.M. NAMED INSURED AND MAILING ADDRESS: AGENT: ZIEDONIS ROCENS BELL ANDERSON AGENCY INC BR KAROL ROCENS 600 SW 39TH ST STE 200 1117 PARK AVE RENTON WA 98057-4919 BREMERTON WA 98337-1736 Valued Homeowners Customer Since: JUNE 19, 2019 INSURED LOCATION: POLICY SERVICE INFORMATION: Same TELEPHONE: (425) 291-5200 E-MAIL: RENTON@BELL-ANDERSON.COM WEBSITE: www.bell-anderson.com XMPORTANT MESSAGES - Your new policy is effective June 19, 2019. - The appraisal agency used in your state is Marshall & Swift/Boeckh. - THIS POLICY DOES NOT PROVIDE EARTHQUAKE COVERAGE. LIMITS OF LIABILITY (Policy Section I - Property Coverages and Section II - Liability Coverages) Coverage A— Coverage B— Coverage C — Coverage D— Coverage E— Coverage F— Dwelling Other Personal Additional Personal Medical Structures Property Living Liability Payments Expense $326,500 $123,280 $244,880 $65,300 $100,000 $1,000 DEDUCTIBLES. The following deductibles apply unless otherwise stated within the policy. AMOUNT Section I - Property Coverages $ 500 M N F PREMIUM 8 BASIC COVERAGES $ 925.00 0 OTHER COVERAGES, LIMITS AND OPTIONAL COVERAGES $ 89.00 o DISCOUNTS AND SURCHARGES $ -157.00 0 0 to - --- d T#TiAt: POLICY PREMIUM: $ 857,O0 Premium Payer: Servicing Mortgagee 07 You may pay your premium in full or in installments. There is no installment fee for the following billing plans: Full Pay. Installment fees for all other billing plans are listed below. If more than one policy is billed on the installment bill, only the highest fee is charged. The fee is: $2.00 per installment for recurring automatic deduction (EFT) $5.00 per installment for recurring credit card or debit card $5.00 per installment for all other payment methods CONTINUED ORIGINAL HOM-7000/EP 1/09 Page 1 of 3 DATE PREPARED: MAY 5 2019 G2 SAFECO INSURANCE COMPANY OF AMERICA HOMEOWNERS POLICY DECLARATIONS CONTINUED POLICY NUMBER; 0H2113407 Servicing Mortgagee Second Mortgagee JPMORGAN CHASE BANK NA WASHINGTON MUTUAL BANK ISAOA / ATIMA ITS SUCCESSORS AND/OR ASSIGNS PO BOX 100564 PO BOX 702808 FLORENCE SC 29502-0564 DALLAS TX 75370-2808 LOAN NUMBER: 13970389 LOAN NUMBER: 26965665 POLICY LIMITS AND OTHER ADDITIONAL COVERAGES (Unless otherwise stated, all limits and coverages are included in basic coverages) COVERAGE LEVEL: NEW QUALITY-PLUS SECTION I - PROPERTY COVERAGES COVERAGE C - PERSONAL PROPERTY - 3. SPECIAL LIMITS OF LIABILITY a .Money, pre-paid cards. . . $ 250 h.Business Property b.Rare coins and currency. . . $ 3,000 On Premises. . . $ 3,000 c.Securities, debit cards. . . $ 3,000 Off Premises Sub-limit $ 1,000 d.Watercraft. . . $ 3,000 i .Tapes, records, discs. . . $ 500 e.Trailers. . . $ 3,000 j .Theft of rugs. . . $ 5,000 f.Theft of jewelry, watches. . . $ 3,000 k.Grave Markers. . . $ 3,000 g.Theft of silverware. . . $ 3,000 OTHER INCLUDED COVERAGES/POLICY PROVISIONS Limit Premium Loss Assessment Coverage $ 5, 000 $ 2.00 Building Ordinance or Law Coverage ( 10%) $ 32,650 Included Fungi, Wet or Dry Rot, or Bacteria $ 10, 000 Included Reasonable Repairs $ 5,000 Included Fire Department Service Charge $ 3,000 Included Land Stabilization $ 5,000 Included Arson Reward $ 25,000 Included Criminal Conviction Reward - Item a . Information $ 2,500 Included Criminal Conviction Reward - Item b. Property Recovery $ 5, 000 Included Credit Card, Fund Transfer, Forgery & Counterfeit Money $ 3,000 Included Volunteer America Included Section I (All Perils Coverage) Included Section II - Liability Coverage Included Section II - Property Damage $ 2,000 Included OPTIONAL COVERAGES Limit Premium Personal Property Replacement Cost Included Extended Dwelling Coverage Up to 50% Included Personal Offense Coverage $ 100,000 $ 4.00 Escape of Water from Sump (Building/Contents) $ 5,000 $ 40.00 Refrigerated Spoilage Coverage $ 11 .00 Identity Recovery Coverage $ 25, 000 $ 11 .00 Equipment Breakdown Coverage $ 50, 000 $ 21 .00 Additional Interest Section I - Property Coverages Included DISCOUNTS AND SURCHARGES Premium Advance Quote Discount $ -157 . 00 For information on other deductibles, coverages or discounts available in your state or to review your account online, log on to www.safeco.com FORMS APPI,:IGABLE TO THISPOLICY: HOM-7301/EP 1/09 - PERSONAL PROPERTY REPLACEMENT COST HOM-7210/EP 1/09 - SAFECO NEW QUALITY-PLUS HOMEOWNERS CVRG HOM-7311/EP 1/09 - ESCAPE OF WATER FROM SUMP/SUMP PUMP DRAIN (BLDG AND CONT) HOM-7307/EP 1/09 - IDENTITY RECOVERY COVERAGE CONTINUED HOM-7001/EP 1/09 Page 2 of 3 DATE PREPARED MAY 5 2019 SAFECO INSURANCE COMPANY OF AMERICA HOMEOWNERS POLICY DECLARATIONS CONTINUED POLICY NUMBER: 0H2113407 HOM-7305/EP 1/09 - REFRIGERATED SPOILAGE COVERAGE HOM-7306/EP 1/09 - EQUIPMENT BREAKDOWN COVERAGE HOM-7232/EP 1/09 - EXECUTION CLAUSE HOM-7100/WAEP 4/15 - SPECIAL PROVISIONS - WA HOM-7030/EP 1/09 - HOMEOWNERS POLICY HOM-7012/EP 1/09 - ADDITIONAL INTEREST ENDORSEMENT HOM-7300/EP 1/12 - EXTENDED DWELLING COVERAGE HOM-7350/EP 11/14 - PERSONAL OFFENSE COVERAGE HOM-7233/WAEP 4/09 - MANDATORY COVERAGE - WA VOLCANIC ACTION M M N O O 0 0 N 0 0 O O 0 U) M O O W 0 O O O O to O itt 7 --f HOM-7001/EP 1/09 Page 3 of 3 DATE PREPARED MAY 5 2019 a eco Insurance, t'VLIk•T IYUMDCn: L'I1L I I JqU/ A Liberty Mutual Company ADDITIONAL INTEREST ENDORSEMENT AGENT: INSURED: BELL ANDERSON AGENCY INC BR ZIEDONIS ROCENS 600 SW 39TH ST STE 200 KAROL ROCENS RENTON WA 98057-4919 LOAN NUMBER: AGENT TELEPHONE: (425) 291-5200 26965665 WASHINGTON MUTUAL BANK 4-ADDITIONAL INTEREST ITS SUCCESSORS AND/OR ASSIGNS PO BOX 702808 TYPE OF INTEREST: DALLAS TX 75370-2808 SECOND MORTGAGEE EFFECTIVE DATE: JUNE 19 2019 The person(s) and/or organization(s) listed above are considered to have an interest in the residence premises,subject to the following: SECTION I—PROPERTY COVERAGES X If this box is checked, this additional interest is applicable to Coverage A— Dwelling, Coverage B—Other Structures, or Coverage C—Personal Property. Loss payments shall be made as follows: 1st — To the Mortgagee named in the Policy Declarations or Statement of Coverage, as its interest in the damaged property may appear; 2nd — To the persons or organizations listed as mortgagees on this or other endorsement, in their order of listing, as their interest(s) in the damaged property may appear; 3rd — To all other persons or organizations listed on this or other endorsement, in their date order of listing, as their interest(s) in the damaged property may appear; 4th — The balance, if any, to the named insured. SECTION II—LIABILITY COVERAGES CVIf this box is checked, this additional interest is applicable to Coverage E — Personal Liability, o1 but only with respect to the residence premises. g This coverage does not apply to bodily injury to any employee arising out of or in the course of the employee's employment by the person(s)or organization(s) named on this or other endorsement. O a SECTION I and SECTION II—CONDITIONS 0 0 o If this policy is canceled or not renewed by us, all additional interests will be notified in writing. 0 All provisions of this policy apply. ti yz SAFECO INSURANCE COMPANY OF AMERICA INSURED'S COPY HOM-7012/EP 1/09 DATE PREPARED:MAY 5 2019 G3 Safeco Insurance.. A liberty Mutual Company SAFECO HOMEOWNERS POLICY Table of Contents Beginning On Page INSURING AGREEMENT 1 SECTION I—PROPERTY COVERAGES 1 COVERAGE A—DWELLING 1 COVERAGE B—OTHER STRUCTURES 1 Building Property We Cover 1 Building Property We Do Not Cover 1 Building Property Losses We Cover 1 Building Property Losses We Do Not Cover 1 COVERAGE C—PERSONAL PROPERTY 4 Personal Property We Cover 4 Personal Property We Do Not Cover 5 Personal Property Losses We Cover 6 Personal Property Losses We Do Not Cover 7 COVERAGE D—ADDITIONAL LIVING EXPENSE AND LOSS OF RENT 7 ADDITIONAL PROPERTY COVERAGES 8 PROPERTY CONDITIONS Deductible 11 Your Duties 11 Loss Settlement 12 SECTION II—LIABILITY COVERAGES COVERAGE E—PERSONAL LIABILITY AND COVERAGE F— MEDICAL PAYMENTS TO OTHERS Liability Losses We Cover 14 Liability Losses We Do Not Cover 15 N ADDITIONAL LIABILITY COVERAGES 19 o LIABILITY CONDITIONS 20 O SECTIONS I AND II—PROPERTY AND LIABILITY CONDITIONS 0 Policy Period and Changes 22 o Concealment or Fraud 22 Liberalization Clause 22 Cancellation 22 Non-Renewal 23 i Assignment 23 Our Right to Recover Payment 23 • • Death 23 POLICY DEFINITIONS 23 HOM-7030/EP 1/09 G2 INSURING AGREEMENT In reliance on the information you have given us, we will pay claims and provide coverage as described in this policy if you pay the premiums when due and comply with all the applicable provisions outlined in this policy. This policy applies only to losses occurring during the policy period. SECTION I-PROPERTY COVERAGES BUILDING PROPERTY WE COVER COVERAGE A—DWELLING We cover: 1. the dwelling on the residence premises shown in your Policy Declarations used principally as a private residence, including structures attached to the dwelling other than fences, driveways or walkways; 2. attached carpeting, built-in appliances, fixtures; and 3. materials and supplies located on or next to the residence premises used to construct, alter or repair the dwelling or other structures on the residence premises. COVERAGE B—OTHER STRUCTURES We cover: 1. fences,driveways and walkways; and 2. other structures on the residence premises, separated from the dwelling by clear space. This includes retaining walls, decorative or privacy walls and other structures connected to the dwelling by only a fence, utility line, plumbing, or similar connection. BUILDING PROPERTY WE DO NOT COVER 1. Land, no matter where it is located, including land on which the dwelling is located, except as noted in Additional Property Coverages, Land Stabilization. 2. Other structures: a. used in whole or in part for business; or b. rented or held for rental to any person not a tenant of the dwelling, unless used solely as a private residence or garage. M CNO O o BUILDING PROPERTY LOSSES WE COVER 04 g We cover accidental direct physical loss to property described in Building Property We Cover except as S limited or excluded. CO O BUILDING PROPERTY LOSSES WE DO NOT COVER 0 o We do not cover loss caused directly or indirectly by any of the following excluded perils. Such loss is excluded regardless of any other cause or event contributing concurrently or in any sequence to the loss. These exclusions apply whether or not the loss event results in widespread damage or affects a substantial area; 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, while the dwelling is vacant, unoccupied or under construction, including being _:{ newly built, remodeled, reconstructed, renovated or repaired. This provision does not apply if you have used reasonable care to: a. maintain heat in the building; or HOM-7030/EP 1/09 - 1 - b. shut off the water supply and drain the system and appliances of water; 2. freezing, thawing, pressure or weight of water, ice or snow whether driven by wind or not, to a swimming pool, hot tub or spa, including their filtration and circulation systems, fence, landscape sprinkler system, pavement, patio, foundation, retaining wall, decorative or privacy wall, bulkhead, pier,wharf or dock; 3. theft in, to or from a dwelling under construction, including materials and supplies for use in the construction, until or unless the dwelling is occupied. A dwelling under construction includes being newly built, remodeled, reconstructed, renovated or repaired. This exclusion does not apply if you are occupying the dwelling as your primary residence at the time of the loss; 4. vandalism and malicious mischief, including fire caused by arson, or breakage of glass and safety glazing materials if the dwelling has been vacant for more than 60 consecutive days immediately before the loss. A dwelling under construction, including being newly built, remodeled, reconstructed, renovated or repaired is not considered vacant. 5. continuous or repeated seepage or leakage of water or steam, or the presence or condensation of humidity, moisture or vapor which occurs over a period of weeks, months or years. 6. a. wear and tear, marring, scratching, deterioration; b. inherent defect, mechanical breakdown; c. smog, rust or other corrosion, or electrolysis; d. smoke from agricultural smudging or industrial operations; e. settling, cracking, shrinking, bulging, or expansion of pavements, patios, foundations, walls, floors, roofs, ceilings,swimming pools, hot tubs, spas or chimneys; f. birds, vermin, rodents, insects or domestic animals; g. pressure from or presence of plant roots. However, we do insure for any resulting loss from items 1. through 6. unless the resulting loss is itself excluded under Building Property Losses We Do Not Cover in this Section. If loss to covered property is caused by water or steam not otherwise excluded, we will cover the cost of tearing out and replacing any part of the building necessary to repair the system or appliance. We do not cover loss to the system or appliance from which water or steam escaped. 7. Pollution or Contamination, meaning the existence of or the actual, alleged, or threatened discharge, dispersal, seepage, migration, release, escape, emission, transmission or absorption of pollutants or contaminants at any time except as provided by Additional Property Coverages— Household Products Coverage under Section I—Property Coverages. 8. Ordinance or Law, meaning any ordinance or law: a. requiring or regulating the construction, remodeling, renovation, repair, or demolition of building property, including removal of resulting debris, unless specifically provided under this policy; 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 or contaminants. This exclusion applies whether or not the building property has been physically damaged. 9. Earth Movement, meaning: a. the sinking, rising, shifting, expanding or contracting of earth, all whether combined with water or not. Earth movement includes but is not limited to earthquake, landslide, mudflow, mudslide, sinkhole, subsidence, movement resulting from improper compaction, site selection or any other external forces, erosion including collapse or subsidence of land along a body of water as a result of erosion or undermining resulting from the action of water. This includes the channeling of a river or stream; b. erosion, shifting or displacement of materials supporting the foundation; and c. volcanic blast, volcanic explosion, shockwave, lava flow, lahars and fallout of volcanic particulate matter. This exclusion applies whether the earth movement is caused by or resulting from human or animal forces or any act of nature. HOMI-7030/EP 1/09 -2 - We do cover direct loss by fire, explosion or theft. 10. Water Damage, meaning: a. (1) flood, surface water, waves, tidal water, tsunami, seiche, overflow of a body of water, storm surge or spray from any of these, whether or not driven by wind, including hurricane or similar storm; or (2) release of water held by a dam, levee, dike or by a water or flood control device or structure; b. water below the surface of the ground, including that which exerts pressure on, or seeps or leaks through a building, wall, bulkhead, sidewalk, driveway, foundation, swimming pool, hot tub or spa, including their filtration and circulation systems, or other structure; c. water which escapes or overflows from sewers or drains located off the residence premises; d. water which escapes or overflows from drains or related plumbing appliances on the residence premises. However, this exclusion does not apply to overflow and escape caused by malfunction on the residence premises, or obstruction on the residence premises, of a drain or plumbing appliance on the residence premises;or e. water which escapes or overflows or discharges, for any reason, from within a sump pump, sump pump well or any other system designed to remove water which is drained from the foundation area. Water includes any water borne materials. This exclusion applies whether the water damage is caused by or resulting from human or animal forces or any act of nature. Direct loss by fire, explosion or theft resulting from water damage is covered. 11. Power Interruption, meaning the failure of power or other utility service if the failure takes place off the residence premises. If any Building Property Losses We Cover ensues on the residence premises,we will pay only for the ensuing loss. 12. Neglect, meaning your failure to use all reasonable means to save and preserve property at and after the time of a loss, or when property is endangered. 13. Loss 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 military personnel; or c. destruction or seizure or use for a military purpose. ti Discharge of a nuclear weapon shall be deemed a warlike act even if accidental. co " N 14. Nuclear Hazard, meaning nuclear reaction, nuclear radiation, or radioactive contamination, all $ whether controlled or uncontrolled, and whether or not one of the forces initiating or contributing to these nuclear hazards is covered within the losses we cover in Section I except direct loss by fire resulting from the nuclear hazard is covered. 0 15. Intentional Loss, meaning any loss arising out of any act committed: 0 a. by or at the direction of any insured; o b. with the intent to cause a loss. This exclusion does not apply to an otherwise covered property loss if the property loss is caused by an act of domestic abuse by another insured under the policy provided: c. the insured claiming a property loss files a police report and cooperates with any law enforcement investigation relating to the act of domestic abuse; and d. the Insured claiming a property loss did not cooperate in or contribute to the creation of the property loss. 3; Payment pursuant to this provision shall be limited to the insurable interest in the property of the insured claiming a property loss, less payments made pursuant to Section i --- Property Conditions, Mortgage Clause. HOM-7030/EP 1/09 .3 e. For purposes of this provision, "domestic abuse" means: (1) physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members; (2) sexual assault of one family or household member by another; (3) stalking of one family or household member by another family or household member; or (4) intentionally, knowingly, or recklessly causing damage to property so as to intimidate or attempt to control the behavior of another family or household member. 16. Acts or Decisions, including the failure to act or decide, of any person, group, organization or governmental body. However, any ensuing loss not excluded is covered. 17. Weather that contributes in any way with a cause or event not covered in this section to produce a loss. However, any ensuing loss caused by a covered peril and not otherwise excluded is covered. 18. Planning, Construction or Maintenance, meaning faulty, inadequate or defective: a. planning, zoning, development, surveying, siting; b. design, specifications, workmanship, repair, construction, renovation, remodeling, grading, compaction; c. materials used in repair, construction, renovation or remodeling, or d. maintenance; of property whether on or off the insured location by any person or organization. However, any ensuing loss not excluded is covered. 19. Fungi, Wet or Dry Rot, or Bacteria meaning the presence, growth, proliferation or spread of fungi, wet or dry rot, or bacteria. This exclusion does not apply to the extent coverage is provided for under Additional Property Coverages — Fungi, Wet or Dry Rot, or Bacteria in Section I — Property Coverages. 20. Collapse, except as provided under Additional Property Coverages — Collapse in Section I — Property Coverages. However, any ensuing loss caused by a covered peril and not otherwise excluded is covered. PERSONAL PROPERTY WE COVER COVERAGE C—PERSONAL PROPERTY 1. Personal property owned or used by any insured is covered while it is anywhere in the world. When personal property is usually located at an insured's residence, other than the residence premises, coverage is limited to 10% of the Coverage C limit. Personal property in a newly acquired principal residence is not subject to this limitation for the 30 days immediately after you begin to move the property there. During the time the residence premises is under construction by or for the insured,our limit of liability for personal property other than on the residence premises shall be equal to the amount specified for Coverage C. Our total limit shall not exceed the policy limit for Coverage C in any one loss. 2. At your request we cover: a. personal property owned by others while the property is on that part of the residence premises occupied exclusively by any insured; b. personal property owned by a guest or a residence employee, while the property is at any residence occupied by any insured. 3. SPECIAL LIMITS FOR PERSONAL PROPERTY The following groups of personal property are covered only up to the special limit shown on your Policy Declarations page. The special limit is the total amount available for each group for any one loss and does not increase the Coverage C limit. The loss of, or damage to, more than one item in a group arising from the same cause or event is considered one loss. a. Money, pre-paid cards or passes, monetary value carried on electronic chip or magnetic cards, bank notes, bullion, gold other than goldware, silver other than silverware and platinum. HOM-7030/EP 1/09 •4 b. Rare coins and currency, medals, stamps, trading cards and comic books, including any of these that are part of a collection. c. Securities, debit cards, checks, cashier's checks, traveler's checks, money orders and other negotiable instruments, accounts, deeds, evidences of debt, letters of credit, notes other than bank notes, manuscripts, passports,tickets, personal documents, and records or data. The dollar limit applies to these categories regardless of the medium (such as paper or computer software) on which the material exists. The limit includes the cost to research, replace or restore the material from the lost or damaged medium. d. Watercraft, including their trailers, furnishings, equipment and outboard motors. e. Trailers not used with watercraft. f. Theft of jewelry, watches, furs, precious and semiprecious stones. g. Theft of silverware,silver-plated ware, goldware, gold-plated ware and pewterware. Silverware, goldware and pewterware include: (1) plateware, flatware, hollowware, tea sets, trays, trophies and the like; (2) other utilitarian items made of or including silver or gold; and (3) all items of pewterware. h. Business property, not excluded elsewhere, while located on the residence premises. Up to $1,000 of the limit on your Policy Declarations may be used for business property, not excluded elsewhere, while located off the residence premises. I. Tapes, records, discs or other media in a motor vehicle or other motorized land conveyance on or away from the residence premises. j. Theft of any rug, carpet (except wall-to-wall carpet), tapestry, wall-hanging or other similar article. k. Grave markers. PERSONAL PROPERTY WE DO NOT COVER 1. Articles separately described and specifically insured, regardless of insured limit, in this or any other insurance. 2. Animals, birds or fish. 3. Motorized land vehicles including their equipment, parts and accessories while in or upon the vehicle. 3 M N o However, we do cover: 0 0 N a. motorized land vehicles used solely to service the residence premises and not subject to 0 motor vehicle registration or licensed for road use; 0 I b. vehicles designed for the handicapped and not licensed for road use; 0 M c. up to $500 for disassembled parts of a motorized land vehicle while located on the residence o premises;or 0 o d. up to $500 for electric motorized ride-on vehicles designed to be operated by children under the age of eight and designed for speeds of less than six miles per hour. 4. Electronic apparatus, including their accessories and antennas, designed to be operated solely by power from the electrical system of a motor vehicle. This exclusion applies only while such property r: is in or upon a motor vehicle. 5. Aircraft, including disassembled parts of aircraft. This exclusion does not apply to model aircraft. Any k. aircraft designed for carrying persons or cargo is not a model aircraft. *'- 6. Hovercraft and parts. Hovercraft means a self-propelled motorized ground effect vehicle and includes, but is not limited to, flarecraft and air cushion vehicles. HOM-7030/EP 1/09 .5 7. Property of roomers, boarders,tenants and other residents not related to any insured. 8. Property in a location on the residence premises, when the location is rented or held for rental to others by any insured for more than 31 days in a calendar year. This exclusion does not apply to property of an insured in a sleeping room rented to others by an insured on the residence premises. 9. Property, away from the residence premises, rented or held for rental to others. 10. Business property or merchandise: a. in storage; b. held as a sample; or c. held for sale or delivery after sale. 11. Business documents, records or data regardless of the medium on which they exist. However, we do cover the cost of blank recording or storage media, and of pre-recorded computer programs available on the retail market. PERSONAL PROPERTY LOSSES WE COVER We cover accidental direct physical loss to property described in Coverage C — Personal Property caused by a peril listed below except as limited or excluded. 1. Fire or lightning. 2. Windstorm or hail. This peril does not include loss to the property contained in a building caused by rain, snow, sleet, sand or dust unless the direct force of wind or hail damages the building causing an opening in a roof or wall and the rain, snow, sleet, sand or dust enters through this opening. This peril includes loss to watercraft and their trailers, furnishings, equipment, and outboard motors, only while inside a building with: a. continuous walls on all sides extending from ground level to the roof; b. doors and windows in the walls at various locations; and c. a continuous roof sheltering all areas within the wall perimeter. 3. Explosion. 4. Riot or civil commotion. 5. Aircraft, including self-propelled missiles and spacecraft. 6. Vehicles, meaning impact by, or with, or upset of, a vehicle. 7. Smoke, meaning sudden and accidental damage from smoke. This peril does not include loss caused by smoke from agricultural smudging or industrial operations, including slash burns. 8. Vandalism or malicious mischief. 9. Theft, including attempted theft and loss of property from a known location when it is likely that the property has been stolen. This peril does not include loss caused by theft: a. committed by any insured or by any other person regularly residing on the insured location; b. in, to or from a dwelling under construction, or of materials and supplies for use in the construction until the dwelling is completed and occupied; or c. from that part of a residence premises rented by any insured to other than an insured. This peril does not include loss caused by theft that occurs away from the residence premises of property while at any other residence owned, rented to, or occupied by any insured, except while an insured is temporarily residing there. Property of a student who is an insured is covered while at a residence away from home. 1-1OM-7030/EP 1/09 6 10. Falling objects. This peril does not include loss to property contained in a building unless the roof or an outside wall of the building is first damaged by a falling object. Damage to the falling object itself is not included. 11. Weight of ice, snow or sleet which causes damage to property contained in a building. 12. Accidental discharge or overflow of water or steam from within a plumbing, heating, air conditioning or automatic fire protective sprinkler system, or from within a household appliance. This peril does not include loss: a. to the appliance or system from which the water or steam escaped; b. caused by or resulting from freezing except as provided in the peril of freezing below; or c. on the residence premises caused by accidental discharge or overflow which occurs off the residence premises. For purposes of coverage under this peril, a plumbing system or household appliance does not include a sump, sump pump or related equipment or a roof drain, gutter, downspout or similar fixtures or equipment. 13. Sudden and accidental tearing apart, cracking, burning or bulging of a steam or hot water heating system, an air conditioning or automatic fire protective sprinkler system, or an appliance for heating water. We do not cover loss caused by or resulting from freezing under this peril. 14. Freezing of a plumbing, heating, air conditioning or automatic fire protective sprinkler system, or of a household appliance. This peril does not include loss on the residence premises while the dwelling is vacant, unoccupied or under construction, including being newly built, remodeled, reconstructed, renovated or repaired, 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. For purposes of coverage under this peril, a plumbing system or household appliance does not include a sump, sump pump or related equipment or a roof drain, gutter, downspout or similar fixtures or equipment. 15. Sudden and accidental damage from artificially generated electrical current. 16. Breakage of glass, meaning damage to personal property caused by breakage of glass which is a part of a building on the residence premises. There is no coverage if breakage of glass is caused by earthquake. There is no coverage for loss or damage to the glass. n c b PERSONAL PROPERTY LOSSES WE DO NOT COVER N We do not cover loss caused directly or indirectly by any of the Building Property Losses We Do Not CJ Cover. Such loss is excluded regardless of any other cause or event contributing concurrently or in any o sequence to the loss. These exclusions apply whether or not the loss event results in widespread damage 0 or affects a substantial area. 0 O o COVERAGE D—ADDITIONAL LIVING EXPENSE AND LOSS OF RENT 0 " 1. If a loss covered under this Section makes that part of the residence premises where you reside uninhabitable we cover Additional Living Expense, meaning the necessary increase in living expenses you incur so that your household can maintain its normal standard of living. Payment shall be for the shortest time required, not exceeding 24 months, to repair or replace the �ti: damage or to permanently relocate. ;_ , 2. If a loss covered under this Section makes that part of the residence premises you rent to others or 1 hold for rental uninhabitable, we cover your loss of rent, meaning the rental income to you from that part of the residence premises you rent to others at the time of the loss, less any expenses that do not continue while the premises is uninhabitable. HOM-7030/EP 1/09 -7 This coverage does not apply to: a. The residence premises or that part of the insured location that is not rented or leased to a tenant at the time of the loss; or b. to any increase in rent or lease payment that occurs after the time of the loss. Payment shall be for the shortest time required to repair or replace the damage, but not to exceed 24 months. 3. If a civil authority prohibits you from use of the residence premises as a result of direct damage to neighboring premises by a cause of loss we cover in this policy we cover the Additional Living Expense as provided under 1., above for no more than two weeks during which use is prohibited. The total limit of liability available for Additional Living Expense and Loss of Rent is stated on your Policy Declarations page and is the most we will pay for all loss or costs under 1., 2. and 3., above. The periods of time under 1., 2. and 3. above are not limited by expiration of this policy. We do not cover loss or expense due to cancellation of a lease or agreement. No deductible applies to this coverage. ADDITIONAL PROPERTY COVERAGES The following Additional Property Coverages are subject to all the terms, provisions, exclusions, and conditions of this policy. 1. Debris Removal. We will pay the reasonable expense you incur in the removal of debris of covered property provided coverage is afforded for the peril causing the loss. Debris removal expense is included in the limit of liability applying to the damaged property. When the amount payable for the actual damage to the property plus the expense for debris removal exceeds the limit of liability for the damaged property, an additional 5% of that limit of liability will be available to cover debris removal expense. We will also pay the reasonable expenses you incur, up to $500, for the removal of trees from the residence premises, provided the trees damage Building Property We Cover. The $500 limit is the most we will pay in any one loss regardless of the number of fallen trees. 2. Reasonable Repairs. We will pay up to the amount stated in your Policy Declarations for the reasonable cost you incur for necessary repairs made solely to protect covered property from further damage, following a covered loss. This coverage does not increase the limit of liability applying to the property being repaired. 3. Trees, Shrubs and Other Plants. We cover, as an additional amount of insurance, trees, shrubs, plants or lawns, on the residence premises, for loss caused by the following perils: Fire or lightning, Explosion, Riot or civil commotion, Aircraft, Vehicles not owned or operated by a resident of the residence premises, Vandalism or Malicious mischief and Theft. We will pay up to 5%of the limit of liability that applies to the dwelling for all trees, shrubs, plants and lawns. No more than $500 of this limit will be available for any one tree, shrub or plant. 4. Fire Department Service Charge. We will pay, up to the amount stated in your Policy Declarations, as an additional amount of insurance, 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 loss we cover. We do not cover fire department service charges if the property is located within the limits of the city, municipality or protection district furnishing the fire department response. 5. Property Removed. We insure covered property against direct loss from any cause while being removed from a premises endangered by a loss we cover. We will cover this property for a maximum of 30 days while removed. This coverage does not change the limit of liability that applies to the property being removed. 6. Land Stabilization. We will pay up to the amount stated in your Policy Declarations for the cost required to replace, rebuild, stabilize or otherwise restore the land necessary to support the insured dwelling or other structures sustaining a covered loss. This is an additional amount of insurance. HOM-7030/EP 1/09 - 8 • 7. Building Ordinance or Law Coverage. We will pay for damage to Building Property We Cover resulting from a covered cause of loss in compliance with any ordinance or law that regulates the construction, repair or demolition of the property. This coverage does not apply unless you choose to repair or rebuild your property at its present location. We do not cover: a. the loss in value to any covered building or other structure due to the requirements of any ordinance or law; or b. the costs to comply with any ordinance which requires 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 or contaminants. However, for purposes of Building Ordinance or Law Coverage, pollutants or contaminants shall not include asbestos or materials containing asbestos. You may use all or part of this ordinance or law coverage to pay for the increased costs you incur to remove debris resulting from the construction, demolition, remodeling, renovation, repair or replacement of property as stated above. The limit of liability shown in your Policy Declarations is the most we will pay for the total of all loss or costs for Building Property We Cover, regardless of the number of locations or number of claims made. This is an additional amount of insurance. 8. Arson Reward. We will pay up to the amount stated in your Policy Declarations for information which leads to an arson conviction in connection with a fire loss to property covered by this policy. This coverage may increase the limit otherwise applicable. However, we will not pay more than the amount stated in your Policy Declarations per event regardless of the number of persons providing information. 9. Household Products Coverage. We cover direct physical loss to the property described in Coverages A and B arising out of a discharge, dispersal, spill, leak, release, escape, emission, transmission or absorption of household products on the residence premises. Household products include items currently in use or your possession at the residence premises in normal household quantities such as paint, paint thinners, soaps, bleach, pesticides, herbicides, motor oil, gasoline, heating fuel and similar items. For purposes of this coverage, household products do not include materials containing asbestos, lead or formaldehyde. We will pay up to 5%of the Coverage A limit of liability stated in your Policy Declarations for any loss during the policy period under this coverage after you have paid your deductible. This is an additional amount of insurance. This coverage does not apply to: N a. any fee, assessment or expense of any governmental authority; o b. loss arising out of household products possessed or used: N (1) for business purposes; M (2) for illegal purposes; (3) by contractors; or (4) on driveways or walkways. Pollution or Contamination under Section I — Building Property Losses We Do Not Cover does not apply to this Additional Property Coverage. In the event that a loss is covered under both this coverage and Additional Property Coverages— Building Ordinance or Law Coverage, you may elect either one of these coverages, but not both. 10. Fungi, Wet or Dry Rot, or Bacteria. We will pay up to the amount stated in your Policy Declarations for: a. the direct physical loss to covered property caused by fungi, wet or dry rot, or bacteria; b. the cost to remove fungi, wet or dry rot, or bacteria from covered property; HOM-7030/EP 1/09 • 9 c. the cost to tear out and replace any part of the building or other covered property as needed to gain access to the fungi,wet or dry rot, or bacteria; d. the cost of any testing of air or property to confirm the absence, presence or level of fungi, wet or dry rot, or bacteria, whether performed prior to, during or after removal, repair, restoration or replacement. The cost of such testing will be provided only to the extent that there is a reason to believe there is the presence of fungi, wet or dry rot, or bacteria; and e. Additional Living Expenses or Fair Rental Value loss covered under Additional Living Expense And Loss Of Rent. This coverage, 10. Fungi, Wet or Dry Rot, or Bacteria, only applies when such loss or costs: f. are a result of a loss we cover that occurs during the policy period; g. are not excluded under Building Property Losses We Do Not Cover; and h. only if all reasonable means are used to save and preserve the property from further damage. This coverage does not apply to loss to trees, shrubs, or other plants. The limit of liability stated in your Policy Declarations for Fungi, Wet or Dry Rot, or Bacteria is the most we will pay for the total of all loss or costs for Coverages A, B, C and D, and does not increase the limit of liability for these coverages, regardless of the number of locations or number of claims made. 11. Collapse. a. With respect to this coverage collapse means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its intended purpose: (1) A building or any part of a building that is in danger of falling down or caving in is not considered to be in a state of collapse. (2) A part of a building that is standing is not considered to be in a state of collapse even if it has separated from another part of the building. (3) A building or any part of a building that is standing is not considered to be in a state of collapse even if it shows evidence of cracking, bulging, sagging, bending, leaning, settling, shrinkage or expansion. b. We insure for direct physical loss to covered property involving collapse of the dwelling or any part of the dwelling if the collapse was caused by one or more of the following: (1) The perils under Personal Property Losses We Cover; (2) Decay that is hidden from view, unless the presence of such decay is known to an insured prior to collapse; (3) Insect or vermin damage that is hidden from view, unless the presence of such damage is known to an insured prior to collapse; (4) Weight of contents, equipment, animals or people; (5) Weight of rain which collects on a roof;or (6) Use of defective material or methods in construction, remodeling or renovation if the collapse occurs during the course of the construction, remodeling or renovation. c. Loss to an awning, fence, patio, deck, pavement, swimming pool, hot tub or spa, including their filtration and circulation systems, landscape sprinkler system, underground pipe, flue, drain, cesspool, septic tank, foundation, retaining wall, bulkhead, pier, wharf or dock is not included under b.(2) through (6) above, unless the loss is a direct result of the collapse of the dwelling or any part of the dwelling to which it is attached. This coverage does not increase the limit of liability that applies to the damaged covered property 12. Volunteer America We insure for all risks of accidental and direct physical loss to the property described in Coverage C — Personal Property, when the loss occurs as a direct result of acting as a volunteer. No deductible applies to this coverage. HOM-7030/EP 1/09 - 10 - • 13. Criminal Conviction Reward. a. We will pay the amount stated in your Policy Declarations to an eligible person for information leading to the arrest and conviction of the person(s) committing a crime resulting in loss to covered property; and b. We will pay up to the amount stated in your Policy Declarations to an eligible person for the return of stolen covered property, when the loss is caused by theft. However, we will pay no more than the lesser of the following amounts: (1) actual cash value of the stolen property at the time the property is returned, but not more than the amount that would have been required to repair or replace; or (2) the amount determined by the loss settlement procedure applicable to the property returned had the property not been recovered. c. This coverage applies subject to the following conditions: (1) An eligible person means that person identified by a law enforcement agency as being the first to provide the necessary information or return the stolen property, and who is not: (a) an insured; (b) a relative of an insured; (c) an employee of a law enforcement agency; (d) an employee of a business engaged in property protection; (e) any person who had custody of the property at the time the theft was committed; or (f) any person involved in the crime. (2) No reward will be paid unless and until the person(s) committing the crime is (are) convicted or the property returned. The amount of the reward in items a. and b. above is the most we will pay for any one loss to an eligible person. SECTION I -PROPERTY CONDITIONS 1. Deductible. In case of loss under Section I — Property Coverages of this policy, we cover only that part of the loss over the applicable deductible stated in your Policy Declarations. The deductible does not apply to Coverage D—Additional Living Expense And Loss Of Rent or Fire Department Service Charge. 2. Your Duties to Select and Maintain Policy Limits. It is your responsibility to select and maintain adequate amounts of insurance on your dwelling, other structures and personal property. To assist ti you with this responsibility, we will suggest annual changes to your policy limits. These suggestions CO will be made effective on the renewal of your policy and will be based on information provided to us o by you or your agent about your dwelling's features and may be supplemented by public record or N inspection. Labor and material cost trends for your area supplied to us by recognized residential o construction cost specialists will be included. Payment of your renewal is all that is necessary to o indicate your acceptance of the new amount. 0 3. An Insured's Duties After Loss. In case of a loss to which this insurance may apply, you must CD perform the following duties: O o a. cooperate with us in the investigation, settlement or defense of any claim or suit; (o o b. give immediate notice to us or our agent; c. notify the police in case of loss by theft; d. protect the property from further damage, make reasonable and necessary repairs required to protect the property and keep an accurate record of repair expenses; ' e. prepare an inventory of the loss to the building and damaged personal property showing in -,: detail the quantity, description, replacement cost and age. Attach all bills, receipts and related -"tir documents that justify the figures in the inventory; HOM-7030/EP 1/09 - 11 - f. as often as we reasonably require: (1) exhibit the damaged and undamaged property; (2) provide us with records and documents we request and permit us to make copies; and (3) submit to examinations under oath and subscribe the same. We may examine you separately and apart from your spouse, civil or domestic partner, or any other insured. You shall not interfere with us examining any other insured. g. submit to us, within 60 days after we request, your signed, sworn proof of loss which sets forth, to the best of your knowledge and belief: (1) the time and cause of loss; (2) interest of the insured and all others in the property involved and all encumbrances on the property; (3) other insurance which may cover the loss; (4) changes in title or occupancy of the property during the term of the policy; (5) specifications of any damaged building and detailed repair estimates; (6) an inventory of damaged personal property described in 3.e.; (7) receipts for Additional Living Expenses incurred or records supporting the Loss of Rent. 4. Insurable Interest and Limit of Liability. Even if more than one person has an insurable interest in the property covered, we will not be liable in any one loss: a. for more than the amount of the insured's interest at the time of loss; or b. for more than the applicable limit of liability, whichever is less. 5. Loss Settlement. Covered property losses are settled as follows: a. Replacement Cost. Property under Coverage A or B at replacement cost, not including those items listed in 5.b.(2) and (3) below subject to the following: (1) We will pay the full cost of repair or replacement, but not exceeding the smallest of the following amounts: (a) the limit of liability under the policy applying to Coverage A or B; (b) the replacement cost of that part of the damaged building for equivalent construction and use on the same premises as determined shortly following the loss; (c) the full amount actually and necessarily incurred to repair or replace the damaged building as determined shortly following the loss; (d) the direct financial loss you incur; or (e) our pro rata share of any loss when divided with any other valid and collectible insurance applying to the covered property at the time of loss. (2) When more than one layer of siding or roofing exists for Building Property We Cover, we will pay for the replacement of one layer only. The layer to be replaced will be at your option. The payment will be subject to all other policy conditions relating to loss payment. When more than one layer of finished flooring exists we will pay for the finish of only one layer. (3) If the cost to repair or replace is $1,000 or more, we will pay the difference between actual cash value and replacement cost only when the damaged or destroyed property is repaired or replaced. (4) You may disregard the replacement cost loss settlement provisions and make claim under this policy for loss or damage to buildings on an actual cash value basis but not exceeding the smallest of the following amounts: (a) the applicable limit of liability; (b) the direct financial loss you incur;or HOM-7030/EP 1/09 - 12 (c) our pro rata share of any loss when divided with any other valid and collectible insurance applying to the covered property at the time of loss. You may still make claim on a replacement cost basis by notifying us of your intent to do so within 180 days after the date of loss. b. Actual Cash Value. (1) Personal property covered under Coverage C; (2) Wood fences, outdoor antennae and awnings, all whether attached or not to buildings; and (3) Structures that are not buildings under Coverage B, except driveways, walkways and other structures connected to the building by only a fence,utility line, plumbing or similar connection; at actual cash value at the time of loss not exceeding the amount necessary to repair or replace. 6. Loss to a Pair or Set. In case of loss to a pair or set we may elect to: a. repair or replace any part to restore the pair or set to its value before the loss; or b. pay the difference between actual cash value of the pair or set before and after the loss. 7. Appraisal. If you and we do not agree on the amount of the loss, including the amount of actual cash value or replacement cost, then, on the written demand of either, each shall select a competent and disinterested appraiser and notify the other of the appraiser selected within 20 days of such demand. The appraisers shall first select a competent and disinterested umpire; and failing for 15 days to agree upon such umpire, then, on request of you or the company, such umpire shall be selected by a judge of a court of record in the state in which the property covered is located. The appraisers shall then resolve the issues surrounding the loss, appraise the loss, stating separately the actual cash value or replacement cost of each item, and, failing to agree, shall submit their differences, only, to the umpire. An award in writing, so itemized, of any two of these three, when filed with the company shall determine the amount of loss. Each party will: a. pay its own appraiser; and b. bear the other expenses of the appraisal and umpire equally. 8. Suit Against Us. No action shall be brought against us unless there has been compliance with the policy provisions and the action is started within one year after the inception of the loss or damage. 9. Our Option. If we give you written notice within 30 days after we receive your signed, sworn proof of loss, we may repair or replace any part of the property damaged with equivalent property. 10. Loss Payment. We will adjust all losses with you. We will pay you unless some other person is named in the policy to receive payment. Loss will be payable 30 days after: a. we reach agreement with you; . ' N b. there is an entry of a final judgment;or 0 o c. there is a filing of an appraisal award with us. O 11. Abandonment of Property. We need not accept any property abandoned by any insured. 0 O 12. Mortgage Clause. co P The word "mortgagee" includes trustee. If a mortgagee is named in this policy, any loss payable o under Coverage A or B shall be paid to the mortgagee and you, as interests appear. If more than g one mortgagee is named, the order of payment shall be the same as the order of precedence of the o mortgages. If we deny your claim, that denial shall not apply to a valid claim of the mortgagee, if the mortgagee: a. notifies us of any change in ownership, occupancy or substantial change in risk of which the ;4,.•• mortgagee is aware; b. pays any premium due under this policy on demand if you have neglected to pay the premium; 3.:-.._ c. submit a signed, sworn statement of loss within 60 days after receiving notice from us of your 1 failure to do so. d. complies with item 3.e. of Section I—Property Conditions. HOM-7030/EP 1/09 - 13- Policy conditions relating to Appraisal, Suit Against Us and Loss Payment apply to the mortgagee. If the policy is canceled or not renewed by us, the mortgagee shall be notified at least 20 days before the date cancellation or nonrenewal takes effect If we pay the mortgagee for any loss and deny payment to you: e. we are subrogated to all the rights of the mortgagee granted under the mortgage on the property; or f. at our option, we shall receive full or partial assignment and transfer of the mortgage and all securities held as collateral to the mortgage debt as our payment, including any accrued interest, as it bears to the amount of the principal on the mortgage. Subrogation shall not impair the right of the mortgagee to recover the full amount of the mortgagee's claim. 13. No Benefit to Bailee. We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other provision of this policy. 14. Other Insurance and Service Agreements. If a loss covered by this policy is also covered by: a. other insurance, we will pay only the proportion of the loss caused by a peril insured against under this policy that the limit of liability applying under this policy bears to the total amount of insurance covering the loss; or b. a service agreement, this insurance is excess over any amounts payable under any such agreement. Service agreement includes a service plan, property restoration plan or warranty, even if it is characterized as insurance. 15. Recovered Property. If you or we recover any property for which we have made payment under this policy, you or we will notify the other of the recovery. At your option, the property will be returned to or retained by you or it will become our property. If the recovered property is returned to or retained by you, the loss payment will be adjusted based on the amount you received for the recovered property. 16. Salvage Value. Any value that may be realized from salvage will not diminish the amount owed by you under the deductible clause. We need not accept, but have all rights to salvage. SECTION II --LIABILITY COVERAGES LIABILITY LOSSES WE COVER COVERAGE E—PERSONAL LIABILITY If a claim is made or a suit is brought against any insured for damages because of bodily injury or property damage caused by an occurrence 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; and 2. provide a defense at our expense by counsel of our choice even if the allegations are 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. COVERAGE F—MEDICAL PAYMENTS TO OTHERS We will pay the necessary medical expenses 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, dental, ambulance, hospital, professional nursing, prosthetic devices and funeral services. This coverage does not apply to you or regular residents of your household other than residence employees. As to others, this coverage applies only: 1. to a person on the insured location with the permission of any insured;or 2. to a person off the Insured location, if the bodily injury: a. arises out of a condition on the insured location or the ways immediately adjoining; b. is caused by the activities of any insured; HOM-7030/EP 1/09 - 14- c. is caused by a residence employee in the course of the residence employee's employment by any insured;or d. is caused by an animal owned by or in the care of any insured. LIABILITY LOSSES WE DO NOT COVER 1. Coverage E—Personal Liability and Coverage F—Medical Payments to Others do not apply to bodily injury or property damage: a. which is expected or intended by any insured or which is the foreseeable result of an act or omission intended by any insured; This exclusion applies even if: (1) such bodily injury or properly damage is of a different kind or degree than expected or intended; or (2) such bodily Injury or property damage is sustained by a different person, or persons, than expected or intended. This exclusion does not apply to bodily injury resulting from the use of reasonable force by any Insured to protect persons or property. b. which results from violation of criminal law committed by, or with the knowledge or consent of any insured. This exclusion applies whether or not any insured is charged or convicted of a violation of criminal law, or local or municipal ordinance. c. arising out of business pursuits of any insured. This exclusion does not apply to: (1) activities which are ordinarily incident to non-business pursuits; (2) the occasional or part-time business pursuits of any insured who is under 23 years of age; (3) the rental or holding for rental of an insured location: (a) on an occasional basis for the exclusive use as a residence; (b) in part, unless intended for use as a residence by more than two roomers or boarders; or (c) in part, as an office, school, studio or private garage; d. arising out of the rendering or failing to render professional services; e. arising out of any premises owned or rented to any insured which is not an insured location; o f. arising out of the ownership, maintenance, use, loading or unloading of: O 0 (1) aircraft. 0 This does not apply to model aircraft. Any aircraft designed for carrying persons or cargo is o not a model aircraft. 0 (2) motorized land vehicles, including any trailers, owned or operated by or rented or loaned to 0 any Insured. This exclusion does not apply to: (a) a trailer not towed by or carried on a motorized land vehicle; (b) a motorized land vehicle designed for recreational use off public roads, not subject to csr+ motor vehicle registration, licensing or permits and: i. not owned by any insured;or II. owned by any insured, while on an insured location; (c) a motorized golf cart which is owned by an insured, designed to carry up to 4 persons, not built or modified after manufacture to exceed a speed of 25 miles per HOM-7030/EP 1/09 - 15- hour on level ground and at the time of an occurrence is within the legal boundaries of: I. a golfing facility and is parked or stored there, or being used by an insured to: (i) play the game of golf or for other recreational or leisure activity allowed by the facility; (ii) travel to or from an area where motor vehicles or golf carts are parked or stored; or (iii) cross public roads at designated points to access other parts of the golfing facility; or ii. a private residential community, including its public roads upon which a motorized golf cart can legally travel, which is subject to the authority of a property owners association and contains an insured's residence. (d) a motorized land vehicle used solely for assisting the handicapped or solely for the maintenance of an insured location,which is: i. not designed for travel on public roads; and ii. not subject to motor vehicle registration, licensing or permits; or (e) electric motorized ride-on vehicles designed to be operated by children under the age of eight and designed for speeds of less than six miles per hour; or (f) a motorized land vehicle in dead storage on an insured location. (3) watercraft: (a) owned by or rented to any insured if it has inboard or inboard-outdrive motor power of more than 50 horsepower; (b) owned by or rented to any insured if it is a sailing vessel 26 feet or more in overall length, with or without auxiliary power; (c) powered by one or more outboard motors with 50 or more total horsepower if the outboard motors are owned by any insured. However, outboard motors of 50 or more total horsepower are covered for the policy period if: i. you acquired them prior to the policy inception, and: (i) declared them at policy inception; or (ii) you ask us in writing to insure them within 45 days after you become the owner; H. you acquire them during the policy period, provided you ask us to insure them: (i) during the policy period in which you become the owner; or (ii) within 45 days after you become the owner; whichever is greater, and pay any resulting additional premium from the date acquired. (d) designed as an air boat, air cushion, or similar type of craft; or (e) owned by any Insured which is a personal watercraft. This exclusion does not apply while the watercraft is stored. Horsepower means the maximum power rating assigned to the engine or motor by the manufacturer. Exclusions e. and f. do not apply to bodily Injury to a residence employee arising out of and in the course of the residence employee's employment by any insured; 9. arising out of: (1) the entrustment by any insured to any person; (2) the supervision by any insured of any person; HOM-7030/EP 1/09 - 16- • (3) any act,decision or omission by any insured; (4) any liability statutorily imposed on any insured;or (5) any liability assumed through an unwritten or written agreement by any insured; with regard to any aircraft, motorized land vehicle or watercraft which is not covered under Section II of this policy. h. caused directly or indirectly by war, including the following and any consequences of the following: (1) undeclared war, civil war, insurrection, rebellion, or revolution; (2) warlike act by a military force or military personnel; or (3) destruction or seizure or use for a military purpose. Discharge of a nuclear weapon shall be deemed a warlike act even if accidental. which results from the legal liability of any insured because of home care services, day care or any hospice related activity provided to any person on a regular basis by or at the direction of: (1) any insured; (2) any employee of any insured; (3) any other person actually or apparently acting on behalf of any insured. Regular basis means more than 20 hours per week. This exclusion does not apply to: (1) home care services provided to the relatives of any insured; (2) occasional or part-time home care services provided by any insured under 23 years of age. j. which arises out of the transmission of a communicable disease by any insured; k. arising out of physical or mental abuse, sexual molestation or sexual harassment. I. arising out of 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 does not apply to the legitimate use of prescription drugs by a person following the orders of a licensed physician m. arising out of any Insured's participation in, or preparation or practice for any prearranged or organized race, speed or demolition contest, or similar competition involving a motorized land vehicle or motorized watercraft regardless of whether such contest is spontaneous, prearranged or organized. This exclusion does not apply to a sailing vessel less than 26 feet in overall length with or without auxiliary power. 2. Coverage E—Personal Liability does not apply to: 0 a. Liability: CN (1) for any assessment charged against you as a member of an association of property owners except as provided under Additional Liability Coverages — Loss Assessment Coverage in Section II—Liability Coverages; rn g (2) under any contract or agreement. However, this does not apply to written contracts: 0 o (a) that directly relate to the ownership, maintenance or use of an insured location;or (b) where the liability of others is assumed by the insured prior to an occurrence; unless excluded in 2.a.(1) above or elsewhere in this policy; (3) liability arising out of any written or oral agreement for the sale or transfer of real property, including but not limited to liability for: (a) known or unknown property or structural defects; (b) known or hidden defects in the plumbing, heating, air conditioning or electrical systems; HOM-7030/EP 1/09 - 17- (c) known or unknown soil conditions or drainage problems; or (d) concealment or misrepresentation of any known defects. b. property damage to property owned by any insured; c. property damage to property rented to, occupied or used by or in the care of any insured.This exclusion does not apply to property damage caused by fire, smoke, explosion or water; d. bodily injury to any person eligible to receive any benefits required to be provided or voluntarily provided by any insured under: (1) any workers compensation; (2) non-occupational disability; or (3) occupational disease law; e. bodily injury or property damage for which any insured under this policy is also an insured under a nuclear energy liability policy or would be an insured but for its termination upon exhaustion of its limit of liability. A nuclear energy liability policy is a policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada, or any of their successors; f. bodily injury to an insured within the meaning of parts (1) or (2) of Policy Definitions, 3.g. Insured; g. bodily injury or property damage arising, in whole or part, out of the actual, alleged, or threatened discharge, dispersal, seepage, migration, release, escape, emission, transmission, absorption, ingestion or inhalation of pollutants or contaminants at any time. This includes any loss, cost or expense arising out of any: (1) request, demand or order that any insured or others test for, monitor, abate, clean up, remove, contain, treat, detoxify, neutralize, or in any way respond to, or assess, the effects of pollutants or contaminants; (2) claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, or in any way responding to, or assessing, the effects of pollutants or contaminants; This exclusion does not apply to bodily injury sustained within a building on the residence premises and caused by, smoke, fumes, including carbon monoxide, vapor or soot from equipment used to heat that building. i. liability arising from any transmission, upload or download, whether intentional or not, of computer code, programs or data; j. liability arising out of any animal that any insured acquires, owns or keeps that: (1) is of a breed or kind named by or controlled by any local, state, or federal ordinance or law because of public safety concerns; (2) has previously inflicted injury upon any person resulting in; (a) maiming, disfigurement, mutilation, impairment, disability or death;or (b) loss of work, schooling, or a loss of ability to carry on with a normal routine; (3) has been trained to fight or attack; (4) has been trained to kill; (5) is a wild canine or feral dog or an offspring from breeding with a wild canine; (6) is illegal to acquire, own or keep; (7) is wild by birth or by nature and the species is not customarily domesticated; (8) is a bird of prey; (9) is venomous; or (10) is a primate. Item (3) above does not apply in the event the animal is reacting to protect people or property from imminent harm. HOM-7030/EP 1/09 - 18- This exclusion does not apply any person toor organization described as an Insured in Policy Definitions, item g.(3). 3. Coverage F—Medical Payments to Others does not apply to bodily Injury: a. to a residence employee if the bodily injury occurs off the insured location and does not arise out of or in the course of the residence employee's employment by an insured; b. to any person, eligible to receive any benefits required to be provided or voluntarily provided under any workers compensation; non-occupational disability, or occupational disease law; c. from any nuclear reaction, radiation or radioactive contamination, all whether controlled or uncontrolled or however caused,or any consequence of any of these; d. to any person, other than a residence employee of any Insured, regularly residing on any part of the insured location. ADDITIONAL LIABILITY COVERAGES We cover the following in addition to the limits of liability: 1. Claim Expenses. We pay: a. expenses we incur and costs taxed against any insured in any suit we defend; b. premiums on bonds required in a suit we defend, but not for bond amounts greater than the limit of liability for Coverage E — Personal Liability. We are not obligated to apply for or furnish any bond; and c. reasonable expenses incurred by any insured at our request, including actual loss of earnings (but not loss of other income) up to$200 per day, for assisting us in the investigation or defense of any claim or suit. 2. First Aid Expenses. We will pay expenses for first aid to others incurred by any insured for bodily injury covered under this policy. We will not pay for first aid to you or any other insured. 3. Damage to Property of Others. We will pay on a replacement cost basis up to $500 per occurrence for property damage to property of others caused by any insured. We will not pay for property damage: a. if insurance is otherwise provided in this policy; b. caused intentionally by any insured who is 13 years of age or older; c. to property owned by or rented to any insured, a tenant of any Insured, or a resident in your household; or ;,, d. arising out of: M N (1) business pursuits; 0 0 (2) any act or omission in connection with a premises owned, rented or controlled by an 0 insured, other than the insured location;or 0 0 (3) the ownership, maintenance, or use of aircraft, watercraft or motorized land vehicles. This o does not apply to a motorized land vehicle designed for recreational use off public roads, N not subject to motor vehicle registration, licensing or permits and not owned by any S insured. 0 0 4. Credit Card, Fund Transfer Card, Forgery and Counterfeit Money. We will pay up to the limit shown on your Policy Declarations page for: a. the legal obligation of an insured to pay because of theft or unauthorized use of credit cards .r issued to or registered in any insured's name; ' b. loss resulting from theft or unauthorized use of a fund transfer card used for deposit, withdrawal .f or transfer of funds, issued to or registered in any insured's name. L"-? We do not cover use by a resident of your household, a person who has been entrusted with the credit card or fund transfer card or any person if any insured has not complied with all terms and conditions under which the credit card or fund transfer card is issued. HOM-7030/EP 1/09 . 19- c. loss to any Insured caused by forgery or alteration of any check or negotiable instrument; and d. loss to any insured through acceptance in good faith of counterfeit United States or Canadian paper currency. All loss resulting from a series of acts committed by any one person or in which any one person is concerned or implicated is considered to be one loss. We do not cover loss arising out of business pursuits or dishonesty of any insured. Defense: a. We may make any investigation and settle any claim or suit that we decide is appropriate. b. If a suit is brought against any insured for liability covered under this Credit Card or Fund Transfer Card Coverage, we will provide a defense at our expense by counsel of our choice. c. We have the option to defend at our expense any insured or any insured's bank against any suit for the enforcement of payment under the forgery coverage. 5. Statutorily Imposed Vicarious Parental Liability. We will pay the lesser of: a. the statutorily imposed limit; or b. $3,000; for the legal obligation you are required to pay as a result of acts of a minor child who resides with you. This coverage is excess over any other valid and collectible insurance. 6. Loss Assessment. a. we will pay loss assessments charged during the policy period against you by the association of property owners up to the limit of liability stated in your Policy Declarations, when the assessment is made as a result of: (1) each direct loss to property, caused by a peril that would be covered under Section I — Property Coverages of this policy; SPECIAL EXCLUSION: There is no coverage for any loss assessment resulting from the peril of earthquake. However, loss assessment for ensuing direct loss by fire, explosion or theft is covered. (2) each occurrence to which Section II — Liability Coverages of this policy would apply; and (3) liability for each act of a director, officer or trustee in the capacity as a director, officer or trustee, provided: (a) the director, officer or trustee is elected by the members of the association of property owners; and (b) the director, officer or trustee serves without deriving any income from the exercise of his/her duties, which are solely on behalf of the association of property owners. b. DEDUCTIBLE. We will pay only that part of your assessment per unit for property insured under Section I that exceeds $500. No other deductible applies to this coverage. If our liability for a loss results from Section I and coverage under this option, only the larger deductible will apply. 7. Volunteer America. a. Under Section II—Liability Coverages, the following applies: (1) Property Damage to Others. We will pay an additional $2,000 for direct damage caused as direct result of acting as a volunteer. (2) Medical Payments to Others. We will pay up to double the amount stated in your Policy Declarations for bodily injury caused as a direct result of acting as a volunteer. b. Under Section II — Liability Losses We Do Not Cover the following items are modified as follows: (1) Item 1.c. does not apply to activities as a volunteer. HOM-7030/EP 1/09 • 20 . (2) Item 1.d. does not apply to professional services, other than professional health care services by a doctor, performed as a volunteer. SECTION II —LIABILITY CONDITIONS 1. Limit of Liability. Our total liability under Coverage E for all damages resulting from any one occurrence will not exceed the limit of liability for Coverage E stated in your Policy Declarations. This limit is the same regardless of the number of Insureds,claims made or persons injured. Our total liability under Coverage F for all medical expense payable for bodily injury to one person as the result of one accident shall not exceed the limit of liability for Coverage F stated in your Policy Declarations. 2. Severability of Insurance. This insurance applies separately to each insured. This condition shall not increase our limit of liability for any one occurrence. 3. Your Duties After Loss. In case of an accident or occurrence, the insured shall perform the following duties that apply: a. give written notice to us or our agent as soon as practicable, which sets forth: (1) the identity of the policy and insured; (2) reasonably available information on the time, place and circumstances of the accident or occurrence; (3) names and addresses of any claimants and witnesses; and (4) in case of loss under the Credit Card, Fund Transfer Card, Forgery and Counterfeit Money also notify the credit card or fund transfer card company; b. promptly forward to us every notice, demand, summons or other process relating to the accident or occurrence; c. at our request, help us: (1) to make a settlement; (2) to enforce any right of contribution or indemnity against any person or organization who may be liable to any insured; (3) with the conduct of suits and attend hearings and trials; (4) to secure and give evidence and obtain the attendance of witnesses; d. under the Additional Liability Coverages — Damage to the Property of Others—submit to us within 60 days after the loss, a sworn statement of loss and exhibit the damaged property, if within the insured's control; TS o e. submit within 60 days after the loss, evidence or affidavit supporting a claim under the o Additional Liability Coverages, Credit Card, Fund Transfer Card, Forgery and Counterfeit n Money Coverage, stating the amount and cause of loss; Q f. the Insured shall not,except at the insured's own cost, voluntarily make any payment, assume o any obligation or incur any expense other than for first aid to others at the time of the bodily N injury. § 4. Duties of an Injured Person— Coverage F —Medical Payments to Others. The injured person 0 or someone acting for the injured person will: a. give us written proof of claim, under oath if required, as soon as practical; b. authorize us to obtain copies of medical reports and records. :.: The injured person shall submit to physical examination by a doctor selected by us when and as often as we reasonably require. r 5. Payment of Claim—Coverage F — Medical Payments to Others. Payment under this coverage is not an admission of liability by any insured or us. HOM-7030/EP 1/09 - 21 - 6. Payment of Interest—Coverage E—Personal Liability. If a notice, demand, summons, judgment, or other process is promptly forwarded to us as required by Liability Condition 3.b. under Your Duties After Loss and we accept the defense or agree to the judgment, we will pay interest on the judgment, subject to all of the following: a. We will pay the interest on that part of the judgment that is covered by this policy and that does not exceed our applicable limit of liability. b. We will pay interest that accrues on the judgment until we pay, tender, or deposit in court that part of the judgment which does not exceed the limit of liability that applies. c. If we appeal the judgment, we will pay interest on the entire judgment. d. Post-judgment interest is in addition to the applicable limit of liability. e. Where we are required to cover prejudgment interest, it shall be included in the limit of liability and is not an additional amount of insurance. 7. Suit Against Us. No action shall be brought against us unless there has been compliance with the policy provisions. No one shall have any right to join us as a party to any action against any insured. Further, no action with respect to Coverage E shall be brought against us until the obligation of the insured has been determined by final judgment or agreement signed by us. 8. Bankruptcy of an Insured. Bankruptcy or insolvency of any insured shall not relieve us of any of our obligations under this policy. 9. Other Insurance — Coverage E — Personal Liability. This insurance is excess over any other valid and collectible insurance except insurance written specifically to cover as excess over the limits of liability that apply in this policy. SECTIONS I AND II -PROPERTY AND LIABILITY CONDITIONS 1. Policy Period and Changes. a. The effective time of this policy is 12:01 A.M. at the residence premises. This policy applies only to loss under Section I, or bodily injury or property damage under Section II, which occurs during the policy period. This policy may be renewed for successive policy periods if the required premium is paid and accepted by us on or before the expiration of the current policy period. The premium will be computed at our then current rate for coverage then offered. b. Changes: (1) Before the end of any policy period, we may offer to change the coverage provided in this policy. Payment of the premium billed by us for the next policy period will be your acceptance of our offer. (2) This policy contains all agreements between you and us. Its terms may not be changed or waived except by endorsement issued by us. If a change requires a premium adjustment, we will adjust the premium as of the effective date of change. Additional or return premium of$3.00 or less will be waived. 2. Concealment or Fraud. This policy was issued in reliance upon the information provided on your application. We may void this policy if you or an insured have intentionally concealed or misrepresented any material fact or circumstance, or engaged in fraudulent conduct at the time application was made or any time during the policy period. We may void this policy or deny coverage for a loss or occurrence if you or an insured have intentionally concealed or misrepresented any material fact or circumstance, or engaged in fraudulent conduct, in connection with the presentation or settlement of a claim. We may void this policy or deny coverage because of fraud or material misrepresentation even after a loss or occurrence. This means we will not be liable for any claims or damages which would otherwise be covered. If we make a payment, we may request that you reimburse us. If so, you must reimburse us for any payments we may have already made. HOM-7030/EP 1/09 22- 3. Liberalization Clause. If we make a change which broadens coverage 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. This liberalization clause does not apply to changes implemented that involve a broadening and a restriction of coverage or an increase in premium. 4. Cancellation. a. You may cancel this policy at any time by returning it to us or by notifying us in writing of the date cancellation is to take effect. We may waive the requirement the notice be in writing by confirming the date and time of cancellation to you in writing. b. We may cancel this policy only for the reasons stated below by notifying you in writing of the date cancellation takes effect. This cancellation notice may be delivered to you, or mailed to you at your mailing address shown in your Policy Declarations. Proof of mailing shall be sufficient proof of notice. (1) When you have not paid the premium we may cancel at any time by notifying you at least 10 days before the date cancellation takes effect. (2) When this policy has been in effect for less than 60 days and is not a renewal with us, we may cancel for any reason by notifying you at least 10 days before the date cancellation takes effect. (3) When this policy has been in effect for 60 days or more, or at any time if it is a renewal with us, we may cancel if there has been a material misrepresentation of fact which if known to us would have caused us not to issue the policy or if the risk has changed substantially since the policy was issued. This can be done by notifying you at least 15 days before the date cancellation takes effect. c. When this policy is canceled, the premium for the period from the date of cancellation to the expiration date will be refunded. If the return premium is not refunded with the notice of cancellation or when this policy is returned to us for cancellation, we will refund it within a reasonable time after the date cancellation takes effect. 5. Non-Renewal. We may elect not to renew this policy. We may do so by delivering to you, or mailing to you at your mailing address shown in your Policy Declarations, written notice at least 20 days before the expiration date of this policy. Proof of mailing shall be sufficient proof of notice. 6. Assignment. Assignment of this policy shall not be valid unless and until we give our written consent. 7. Our Right to Recover Payment. You may waive in writing before a loss all rights of recovery against any person. If not waived, we may require an assignment of rights of recovery for a loss. If not waived, we may require an assignment of rights of recovery for a loss to the extent that payment is made by us. If an assignment is sought, the Insured shall sign and deliver all related papers and cooperate with 5 us in any reasonable manner. N Subrogation does not apply under Section II to Coverage F — Medical Payments to Others or Additional Liability Coverages, Damage to Property of Others. N 8. Death. If you die: Na. we insure your legal representative, but only with respect to the premises and property of the 0 deceased covered under the policy at the time of death. o b. insured shall include: 0 (1) any member of the household who is an insured at the time of your death, but only while a resident of the residence premises; and (2) with respect to your property, the person having proper temporary custody of the property N. until appointment and qualification of a legal representative. -.Y HOM-7030/EP 1/09 - 23 • POLICY DEFINITIONS 1. Throughout this policy, "you" and "your"refer to: a. the "named insured" shown in your Policy Declarations; and if a resident of the same household: b. the spouse; c. the civil partner by civil union licensed and certified by the state; or d. the domestic partner. 2. "We", "us" and "our" refer to the underwriting company providing this insurance as shown in your Policy Declarations. 3. In addition, certain words and phrases are defined as follows: a. "Actual cash value" (1) When damage to property is economically repairable, actual cash value shall mean the cost of materials and labor that would be necessary to repair the damage, less reasonable deduction for wear and tear, deterioration and obsolescence. (2) When damage to property is not economically repairable or loss prevents repair, actual cash value shall mean the market value of property in a used condition equal to that of the lost or damaged property, if reasonably available on the used market. (3) Otherwise, actual cash value shall mean the market value of new, identical or nearly identical property, less reasonable deduction for wear and tear, deterioration and obsolescence. (4) Actual cash value shall not include taxes or any expenses unless incurred following the loss. b. "Bodily injury" means bodily harm, sickness or disease, including required care, loss of services and death resulting therefrom. c. "Business" means a trade, profession or occupation engaged in on a full-time, part-time or occasional basis, or any other activity, including civic or public, engaged in for money or other compensation, except for the following: (1) One or more activities, not described in (2) below, for which no insured receives more than $3,000 in total compensation for the 12 months before the beginning of the policy period; and (2) volunteer activities for which no money or other compensation is received other than for expenses incurred to perform the activity. d. Domestic partner means a person living as a continuing partner with you and: (1) is at least 18 years of age and competent to contract; (2) is not a relative; and (3) shares with you the responsibility for each other's welfare, evidence of which includes: (a) the sharing in domestic responsibilities for the maintenance of the household; or (b) having joint financial obligations, resources or assets; or (c) one with whom you have made a declaration of domestic partnership or similar declaration with an employer or government entity. Domestic partner does not include more than one person, a roommate whether sharing expenses equally or not, or one who pays rent to the named insured. e. "Earthquake" means shaking or trembling of the earth, whether caused by volcanic activity, tectonic processes or any other cause. f. "Fungi"means any type or form of fungus, including yeast, mold or mildew, blight or mushroom and any mycotoxins, spore, scents or other substances, products or by-products produced, released by or arising out of fungi, including growth, proliferation or spread of fungi or the HOM-7030/EP 1/09 - 24- current or past presence of fungi. However, this definition does not include any fungi intended by the insured for consumption. g. "Insured"means: (1) you; and (2) so long as you remain a resident of the residence premises, the following residents of the residence premises: (a) your relatives; (b) any other person under the age of 24 who is in the care of any person described in (1) or(2)(a) above. Anyone described above who is a student temporarily residing away from your residence premises while attending school shall be considered a resident of your residence premises. Under Section II—Liability Coverage, "insured"also means: (3) with respect to animals or watercraft to which this policy applies, any person or organization legally responsible for these animals or watercraft which are owned by you or any person included in g.(2)(a) or (b). A person or organization using or having custody of these animals or watercraft in the course of any business, or without permission of the owner is not an insured; (4) with respect to any vehicle to which this policy applies: (a) any person while engaged in your employment or the employment of any person included in g.(2)(a)or(b); or (b) any other person using the vehicle on an insured location with any insured's permission. h. "Insured location"means: (1) the residence premises; (2) that part of any other premises, other structures and grounds, used by you as a residence and which is shown in your Policy Declarations. This includes any premises, structures and grounds which are acquired by you during the policy period for your use as a residence; (3) any premises not owned by you which you have the right or privilege to use arising out of h.1. or h.2. above; (4) any part of a premises not owned by any insured but where any insured is temporarily residing; (5) vacant land, including that which is vacant except for a fence, owned by or rented to any Insured other than farmland; 04 0 (6) land owned by or rented to any insured on which a one, two, three or four family dwelling 0 is being constructed as a residence for any insured; 0 o (7) individual or family cemetery plots or burial vaults of any Insured;or 0 Lo (8) any part of a premises occasionally rented to any insured for other than business M purposes. CN 0 I. "Occurrence"means an accident, including exposure to conditions which results in: 0 VD (1) bodily injury;or (2) property damage; during the policy period. Repeated or continuous exposure to the same general conditions is Iconsidered to be one occurrence. j. "Personal Watercraft"means jet skis,wet bikes or other craft, using a water jet pump powered by an internal combustion engine as the primary source of propulsion. k. "Pollutants or contaminants"means any of the following: (1) liquid fuels; HOM-7030/EP 1/09 . 26- (2) lead or any materials containing lead; (3) asbestos or any materials containing asbestos; (4) radon; (5) formaldehyde or any materials containing formaldehyde; (6) electric fields, magnetic fields, electromagnetic fields, power frequency fields, electro- magnetic radiation or any other electric or magnetic energy of any frequency; (7) carbon monoxide; (8) pathogenic or poisonous biological materials; (9) acids, alkalis or chemicals; (10) radioactive substances; or (11) any other irritant or contaminant, including waste, vapor, fumes or odors. I. "Properly damage" means physical damage to or destruction of tangible property, including loss of use of this property. m. "Replacement cost" (1) In case of loss or damage to buildings, replacement cost means the cost, at the time of loss, to repair or replace the damaged property with new materials of like kind and quality, without deduction for depreciation. (2) In case of loss to personal property, replacement cost means the cost, at the time of loss, of a new article identical to the one damaged, destroyed or stolen. When the identical article is no longer manufactured or is not available, replacement cost shall mean the cost of a new article similar to the one damaged or destroyed and which is of comparable quality and usefulness, without deduction for depreciation. n. "Residence employee" means an employee of any insured who performs duties in connection with the maintenance or use of the residence premises, including household or domestic services, or who performs duties elsewhere of a similar nature not in connection with the business of any insured. o. "Residence premises"means: (1) the one, two, three or four family dwelling, used principally as a private residence; (2) other structures and grounds; or (3) that part of any other building; where you reside and which is shown in your Policy Declarations. p. "Salvage"means property having value and included in a covered loss. q. "Volunteer" means an insured employed by an organization for a charitable purpose or in direct service to the general public or the community. Volunteer service does not include the insured's primary employment. Volunteer Service includes, but is not limited to, service performed for churches, schools, hospitals, and charitable, arts and civic organizations. HOM-7030/EP 1/09 -26 SAFECO NEW QUALITY-PLUSTM HOMEOWNERS COVERAGE It is agreed your policy is amended as follows: SECTION I—PROPERTY COVERAGES PERSONAL PROPERTY WE DO NOT COVER Under Personal Property We Do Not Cover,3.,describing motorized land vehicles and covered exceptions, the following is changed: For item 3.c., describing disassembled parts,the amount is increased to $3,000. For item 3.d., electric motorized ride-on vehicles for children, the amount is increased to $3,000. The following is added: e. Up to $7,500 for golf carts. SECTION I—PROPERTY COVERAGES ADDITIONAL PROPERTY COVERAGES The following item is changed: 1. Debris Removal. The amount we will pay for removal of trees is increased to $1,000. No more than $500 of this limit will be paid for the removal of any one tree. The following Additional Property Coverage is added: 14. Locks. We will pay the reasonable expenses you incur to re-key locks on exterior doors of the dwelling or other structure located on the residence premises, when the keys to those locks are part of a covered theft loss. 15. Golf Cart Collision. We cover accidental direct physical loss to any golf cart to which Personal Property We Cover under this policy applies caused by upset or impact with another vehicle or object. SECTION II—LIABILITY COVERAGES ADDITIONAL LIABILITY COVERAGES The following items are changed: 1. Claim Expenses. The amount provided in item c. is increased to$250. 3. Damage to Property of Others.The amount stated for Damage to Property of Others is increased to$3,000. m M c4 All other provisions of this policy apply. 0 0 0 O o HOM-7210/EP 1/09 0 0 0 P•4 0 0 0 O O CO0 O IJ 1T. SPECIAL PROVISIONS - WASHINGTON SECTION 1-PROPERTY COVERAGES BUILDING PROPERTY LOSSES WE DO NOT COVER The opening paragraph of this section is deleted and replaced by the following: We do not cover loss caused directly or indirectly by any of the following excluded perils. These exclusions apply whether or not the loss event results in widespread damage or affects a substantial area. Item 6.f. is deleted and replaced by the following: f. birds, vermin, rodents, insects or domestic animals,except for breakage of glass; Under 15. Intentional Loss, item e.(3) is deleted and replaced by the following: (3) stalking as defined in RCW 9A.46.110 of one family or household member by another family or household member; or The following is added: 21. An act or acts of terrorism, vandalism, or malicious mischief by any person, group, organization or governmental body that contributes to, or acts in any way with the actual, alleged, or threatened discharge, dispersal, seepage, migration, release, escape, emission, transmission or absorption of pollutants and contaminants. This exclusion does not apply to the extent coverage is provided under Additional Property Coverages, 14. Terrorism, Vandalism or Malicious Mischief—Pollution or Contamination. PERSONAL PROPERTY WE DO NOT COVER Item 3.a. is deleted and replaced by the following: a. motorized land vehicles used solely to service a residence and not subject to motor vehicle registration or licensed for road use; PERSONAL PROPERTY LOSSES WE DO NOT COVER The paragraph in this section is deleted and replaced by the following: We do not cover loss caused directly or indirectly by any of the Building Property Losses We Do Not Cover. These exclusions apply whether or not the loss event results in widespread damage or affects a substantial area. 0 n M N o ADDITIONAL PROPERTY COVERAGES O R, Under item 7. Building Ordinance or Law Coverage the following changes are made, 0 Item b. is deleted and replaced by the following: 2 b. the costs to comply with any ordinance which requires any insured or others to test for, monitor, cleanup, remove, contain,treat, detoxify or neutralize, or in any way respond to, or assess the effects of, o pollutants or contaminants. However, for purposes of Building Ordinance or Law Coverage, pollutants or contaminants shall not include asbestos or materials containing asbestos or lead. The following is added to the paragraph describing limit of liability: In the event of a covered loss resulting from an Insurance Services Offices® declared catastrophe for the state in which the residence premises is located, the limit for Building Ordinance or Law shall be up to twice the percentage shown for Building Ordinance or Law on the Policy Declarations. zr L T. HOM-7100/WAEP 4/16 Page 1 of 5 The following is added: 14. Terrorism, Vandalism or Malicious Mischief—Pollution and Contamination. We will pay up to $10,000 for any loss or damage otherwise excluded under Building Property Losses We Do Not Cover, item 21. for: a. The direct physical loss to the property described in Coverages A, B and C; b. The cost to remove pollutants and contaminants; c. The cost of any testing to confirm the absence presence or level of pollutants or contaminants whether performed prior to, during or after removal, repair, restoration or replacement. The cost of such testing will be provided only to the extent that there is a reason to believe there is the presence of pollutants and contaminants;and d. Additional Living Expenses loss covered under Coverage D—Loss of Use. The $10,000 limit is the most we will pay for the total of all loss under 14.a., b., c. and d., above. This coverage does not apply to any fee assessment or expense of any governmental authority. Item 6.e. under Section I— Building Property Losses We Do Not Cover does not apply to this Additional Property Coverage. This coverage does not increase the limit of liability that applies to the damaged covered property. The following coverage is added: 15. Mortgage Acquisition Expense Coverage. In the event of a total loss of the dwelling shown in the Policy Declarations by a covered cause of loss, we will pay necessary expenses and fees toward the acquisition of a new first mortgage to repair or replace the insured dwelling, up to a maximum of $5,000. No deductible applies to this coverage. This is an additional amount of insurance. SECTION I -PROPERTY CONDITIONS Under 3. An Insured's Duties After Loss, item b. is deleted and replaced by the following: b. give immediate notice to us or our agent. With respect to loss caused by the peril of Windstorm or Hail, the notice must be within 365 days after the date of the loss; Under 5. Loss Settlement, item a.(3) is deleted and replaced by the following: (3) If the cost to repair or replace is $2,500 or more, we will pay the difference between actual cash , value and replacement cost only when the damaged or destroyed property is repaired or replaced. The following is added to 5. Loss Settlement: c. We will not pay for any loss in value of property, whether actual or perceived, or any; (1) adverse impact on the ownership of, or transfer of ownership or title of property; or (2) adverse impact on the acquisition of financing resulting from the covered physical damage to the property. If Mortgage Acquisition Expense Coverage or Mortgage Extra Expense Coverage is provided under Additional Property Coverages, the application of this provision (2) does not apply to the extent coverage is provided for Mortgage Acquisition Expense or Mortgage Extra Expense. Item 7. Appraisal is deleted and replaced by the following: 7. Appraisal. If you and we do not agree on the amount of the loss, including the amount of actual cash value or replacement cost, then, on the written demand of either, each shall select a competent and disinterested appraiser and notify the other of the appraiser selected within 20 days of such demand. The appraisers shall first select a competent and disinterested umpire; and failing for 15 days to agree upon such umpire, then, on request of you or the company, such umpire shall be selected by a judge of a court of record in the state in HOM•7100/WAEP 4/15 Page 2 of 5 which the property covered is located. The appraisers shall then appraise the loss, stating separately the actual cash value or replacement cost of each item, and, failing to agree, shall submit their differences, only, to the umpire. An award in writing, so itemized, of any two of these three, when filed with the company shall determine the amount of loss. Each party will: a. pay its own appraiser; and b. bear the other expenses of the appraisal and umpire equally. In no event will an appraisal be used for the purpose of interpreting any policy provision, determining causation or determining whether any item or loss is covered under this policy. Neither we nor you shall be held to have waived any rights by any act relating to appraisal. Item 12. Mortgage Clause, is deleted and replaced by the following: 12. Mortgage Clause a. Loss or damage, if any, under this policy shall be payable first to the loss payee or mortgagee (hereinafter called secured party), and, second, to the insured, as their interests may appear; Provided, that, upon demand for separate settlement by the secured party, the amount of said loss shall be paid directly to the secured party to the extent of its interest. b. This insurance as to the interest of the secured party shall not be invalidated by any act or neglect of the insured named in said policy or his agents, employees or representatives, nor by any change in the title or ownership of the insured property. Provided, however, that, the conversion, embezzlement or secretion by the named insured or his agents, employees or representatives is not covered under said policy unless specifically insured against and premiums paid therefor. c. In applying the pro rata provisions of the policy, the amount payable to the secured party shall be reduced only to the extent of pro rata payments receivable by the secured party under other policies. d. We reserve the right to cancel the policy at any time as provided by its terms, but in such case we shall mail to the secured party a notice stating when such cancellation shall become effective as to the interest of said secured party. The amount and form of such notice shall be not less than that required to be given the named insured, by law or by the policy provisions, whichever is more favorable to the secured party. e. If the insured fails to render proof of loss within the time granted in the policy conditions, such secured party shall do so within sixty days after having knowledge of a loss, in form and manner as provided by the policy, and, further, shall be subject to the provisions of the policy relating to appraisal and the time of payment and bringing suit. f. Whenever we shall pay the secured party any sum for loss or damage under the policy and shall claim r. M that, as to the insured, no liability exists, we shall, to the extent of such payment, be thereupon legally subrogated to all the rights of the party to whom such payment shall be made, under all collateral held to o secure the debt, or may, at our option, pay to the secured party the whole principal due or to grow due 0 on the mortgage or other security agreement, with interest, and shall thereupon receive a full o assignment and transfer of the mortgage or other security agreement and of all collateral held to secure 0 it; but no subrogation shall impair the right of the secured party to recover the full amount due it. 0 g. All terms and conditions of the policy remain unchanged except as herein specifically provided. o h. All notices sent to the secured party shall be sent to its last reported address, which must be stated in CD the policy. •t. HOM-71 OOIWAEP 4/1 5 Page 3 of 5 SECTION II -LIABILITY COVERAGES LIABILITY LOSSES WE DO NOT COVER Item 11(2)(d) is deleted and replaced by the following: (d) a motorized land vehicle used solely for assisting the handicapped or solely for the maintenance of a residence, which is: i. not designated for travel on public roads; and ii. not subject to motor vehicle registration, licensing or permits; SECTIONS I AND II --PROPERTY AND LIABILITY CONDITIONS The following is added to item 2. Concealment or Fraud: This exclusion does not apply to an otherwise-covered property loss if the property loss is caused by an act of domestic abuse by another insured under the policy, providing: a. the insured claiming a property loss files a police report and cooperates with any law enforcement investigation relating to the act of domestic abuse; and b. the insured claiming a property loss did not cooperate in or contribute to the creation of the property loss. Payment pursuant to this provision shall be limited to the insurable interest in the property of the insured claiming a property loss, less payments made pursuant to item 12. of Section I—Property Conditions. For purposes of this provision, "domestic abuse" means: c. physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members; d. sexual assault of one family or household member by another; e. stalking as defined in RCW 9A.46.110 of one family or household member by another family or household member; or f. intentionally, knowingly, or recklessly causing damage to property so as to intimidate or attempt to control the behavior of another family or household member; Item 4. Cancellation is deleted and replaced by the following: 4. Cancellation. a. You may cancel this policy at any time by notifying us or the insurance producer of the date cancellation is to take effect in one of the following ways: (1) Returning this policy to us; (2) Written notice by mail, facsimile, or email; or (3) Verbal notice. If the date of cancellation is not specified, cancellation shall take effect upon our receipt of such notice. b. We may cancel this policy only for the reasons stated below by notifying you and, if applicable, any mortgagee, pledgee or other person shown by the policy to have an interest in any loss which may be covered by this policy, in writing of the date cancellation takes effect. This cancellation notice, together with our reason for cancellation, may be delivered to you, or mailed to you at your mailing address shown in the Policy Declarations. Proof of mailing shall be sufficient proof of notice. (1) When you have not paid the premium we may cancel at any time by notifying you at least 20 days before the date cancellation takes effect. (2) When this policy has been in effect for less than 60 days and is not a renewal with us, we may cancel for any reason by notifying you at least 45 days before the date cancellation takes effect. HOM-71 00/WAEP 4/15 Page 4 of 5 (3) When this policy has been in effect for 60 days or more, or at any time if it is a renewal with us, we may cancel if there has been a material misrepresentation of fact which if known to us would have caused us not to issue the policy or if the risk has changed substantially since the policy was issued. This can be done by notifying you at least 45 days before the date cancellation takes effect. C. When this policy is canceled, the premium for the period from the date of cancellation to the expiration date will be refunded. The return premium is computed on a pro rata basis when cancellation is requested by us or by you. Item 5. Non-Renewal is deleted and replaced by the following: 5. Non-Renewal.We may elect not to renew this policy. We may do so by delivering to you, or mailing to you at your mailing address shown in the Policy Declarations, written notice, including our reason for refusing to renew, of at least 45 days before the expiration date of this policy. Proof of mailing shall be sufficient proof of notice. POLICY DEFINITIONS Under 3.a. "Actual Cash Value", item (4) is deleted. Under 3., the following is added: r. "Terrorism"means the use or threat of force or violence that is dangerous to human life or property that is committed by an individual or individuals and that appears to be a part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion. All other provisions of this policy apply. w M O O 0 O N O O O O N M O O N O O O O O 't 7.. HOM-71 00/WAEP 4116 Page 5 of 5 MANDATORY COVERAGE VOLCANIC ACTION COVERAGE The only coverage for loss caused in any way by a volcano is provided in this section. We insure for direct loss to property described in Section I—Property Coverages caused by: 1. Volcanic Action, meaning only direct loss to a building or property contained in a building resulting from the eruption of a volcano when the direct loss is caused by: a. volcanic explosion or airborne shock waves; b. initial fallout of ash,dust or particulate matter; or c. lava flow. 2. Cost of Removal We will pay for the removal of only the ash,dust or particulate matter which has caused direct loss during the initial fallout to a building or property contained in a building. One or more volcanic eruptions that occur within a 72-hour period shall be considered as one volcanic eruption. 3. Special Exclusion As to loss caused by Volcanic Action, Building Property Losses We Do Not Cover, item 9. Earth Movement, is deleted and replaced by the following: Earth Movement, meaning: a. earthquake; landslide; lahars; mudflow; earth sinking, rising, shifting or contracting, all whether combined with water or not; or b. mudslide, sinkhole, subsidence, erosion or movement resulting from improper compaction, site selection or any other external forces or flood or tidal wave; gaseous emission or acid rain; all whether caused by, resulting from, contributed to or aggravated by Volcanic Action. If direct loss by fire or breakage of glass or safety glazing material which is part of a building, storm door or storm window ensues, then we will pay only for the ensuing loss. This exclusion does not apply to loss by theft. All other provisions of this policy apply. HOM-7233/WAEP 4109 I M 5 coM N .0- 0 0 0 N 0 0 0 O 0 O 0 CO N 0 0 0 O 0 O • �I 5 Lim f � PERSONAL PROPERTY REPLACEMENT COST 1. PROPERTY COVERED For an additional premium, we cover: a. personal property under Coverage C; and b. awnings,carpeting,domestic appliances,outdoor antennas and outdoor equipment,whether or not attached to buildings at replacement cost at the time of loss. 2. PROPERTY NOT COVERED The following property is not eligible for replacement costsettlement.Any loss shall be settled at actual cash value at the time of loss but not exceeding the amount necessary 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. personal property not maintained in good or workable condition; d. personal property that is outdated or obsolete and is stored or not being used; e. property not owned by any insured;and f. motorized land vehicles or earth moving or excavating equipment used to service the residence premises. 3. CONDITIONS a. We will pay the full cost of repair or replacement, but not exceeding the smallest of the following amounts: (1) the limit of liability of this policy applicable to the damaged, destroyed or stolen property; (2) the replacement cost of the property or any part; (3) the full amount actually and necessarily incurred by the insured in repairing or replacing the property or any part; (4) the direct financial loss you incur; or (5) our pro rata share of any loss when divided with any other valid and collectible insurance applying to the covered property at the time of loss. b. We will pay the difference between actual cash value and replacement cost only after the damaged,destroyed or stolen property has actually been repaired or replaced. c. You may make a claim for loss on an actual cash value basis and then make a claim,within 180 days after loss, for any additional liability under replacement cost, after you have repaired or replaced the property. All other provisions of this policy apply. HOM-7301/EP 1/09 EXTENDED DWELLING COVERAGE For an additional premium, we will settle covered losses to the dwelling described in Coverage A up to the additional limit of liability shown in the Policy Declarations for Extended Dwelling Coverage provided you: 1. insure the dwelling to 100%of its replacement cost as agreed by us; 2. accept any yearly adjustments by us of Coverage A reflecting changes in the cost of construction for the area; 3. notify us of any addition or other remodeling which increases the replacement cost of the dwelling $5,000 or more within 180 days of the start of construction; and 4. repair or replace the damaged dwelling. If you fail to comply with any of the above provisions, the limit of liability shown in the Policy Declarations for Coverage A shall apply. From time to time we may make requests of you for updated dwelling information. If you fail to provide the information, or if we disagree on replacement cost, we may delete Extended Dwelling Coverage effective at policy renewal. In the event of a covered loss resulting from an Insurance Services Offices©declared catastrophe for the state in which the residence premises is located, the limit for Extended Dwelling Coverage shall be up to twice the percentage shown for Extended Dwelling Coverage on the Policy Declarations. All other provisions of this policy apply. HOM-7300/EP 1/12 a � N O 0 0 0 0 O O pO tt') O O m N O O O f0 O 'VI 7 44. 4T� PERSONAL OFFENSE COVERAGE ANNUAL AGGREGATE LIMIT OF LIABILITY For an additional premium we will provide personal offense coverage as described in this endorsement, subject to the following SECTION H—LIABILITY COVERAGES LIABILITY LOSSES WE COVER COVERAGE E—PERSONAL LIABILITY The following is added: Personal Offense Coverage If a claim is made or suit is brought against an insured for damages resulting from an offense defined under personal offense and to which this coverage applies, we will: 1. pay up to the annual aggregate limit for damages for which an insured is legally liable; and 2. provide a defense at our expense by counsel of our choice, even if the allegations are 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 our annual aggregate limit has been exhausted by payment of judgments or settlements. SECTION II—LIABILITY COVERAGES LIABILITY LOSSES WE DO NOT COVER COVERAGE E—PERSONAL LIABILITY To the extent coverage is provided by this endorsement, coverage does not apply to personal offense: a. caused by or at the direction of an insured with the knowledge that the act would violate the rights of another and would be a personal offense; b. arising out of oral or written communication or publication of material, if done by, or at the direction of, or with the cooperation of an insured with knowledge of its falsity; c. occurring before the beginning of the policy period; d. arising out of a criminal act committed by, at the direction of, or with the cooperation of an insured knowing of the criminal nature; e. arising out of liability assumed by an insured under any contract or agreement, except any indemnity obligation assumed by an insured under a written contract directly relating to the ownership, maintenance or use of the premises; f. sustained by any person as a result of an offense directly or indirectly related to the employment of this person by an Insured; g. arising out of or in connection with a business conducted by an insured; This exclusion does not apply to: (1) the rental or holding for rental of an Insured location; (a) on an occasional basis for the exclusive use only as a residence; (b) in part, unless intended as a residence by more than two roomers or boarders; or (c) in part, as an office, school, studio or private garage; and (2) the occasional or part-time business pursuits of any insured who is under 23 years of age; h. arising out of civic or public activities performed for pay by an Insured; i. sustained by you or any insured. This exclusion also applies to any claim made or suit brought against you or an insured to: (1) repay; or HOM-7360/EP 11/14 Page 1 of 3 (2) share damages with; another person who may be obligated to pay damages arising out of any personal offense to an insured. SECTION II—LIABILITY COVERAGES ADDITIONAL LIABILITY COVERAGES To the extent coverage is provided by this endorsement, item 6. Loss Assessment is deleted and replaced by the following: 6. Loss Assessment We will pay up to the amount shown in the declarations for Loss Assessment for your share of loss assessment charged against you by the association of property owners when the assessment is made as a result of an offense named under the definition of personal offense and not excluded under this endorsement. We do not cover assessments charged against you or a corporation or association of property owners by any governmental body. Regardless of the number of assessments, the limit shown in the Policy Declarations for Loss Assessment is the most we will pay for loss arising out of personal offense. SECTION II—LIABILITY CONDITIONS To the extent coverage is provided by this endorsement, items 1. Limit of Liability, 2. Severability of Insurance and 3. Your Duties After Loss are deleted and replaced by the following: 1. Limit of Liability Our total liability under Personal Offense Coverage for all damages resulting from personal offense occurring in a policy period will not be more than the Limit of Liability shown in the Policy Declarations for this coverage which is an annual aggregate limit. 2. Severability of Insurance This insurance applies separately to each Insured except with respect to the annual aggregate limit. This condition will not increase our annual aggregate limit for this coverage. 3. Your Duties After Loss In the event of a covered offense, you or another insured will perform the following duties that apply. We have no duty to provide coverage under this policy if your failure to comply with the following duties is prejudicial to us. You will help us by seeing that these duties are performed: M a. give written notice to us or our agent as soon as is practical, which sets forth: N (1) the identity of the policy and named Insured; o (2) reasonably available information on the time, place and circumstances of the offense; and 0 0 (3) names and addresses of any claimants and witnesses; o b. cooperate with us in the investigation, settlement or defense of any claim or suit; 0 0 c. promptly forward to us every notice, demand, summons or other process relating to the offense; 0 0 d. at our request, help us: (1) to make settlement; (2) to enforce any right of contribution or indemnity against any person or organization who may be liable to an insured; (3) with the conduct of suits and attend hearings and trials; and (4) to secure and give evidence and obtain the attendance of witnesses; e. no Insured shall, except at such Insured's own cost, voluntarily make payment, assume obligation or incur expense other than for first aid to others at the time of the personal offense. HOM-7350/EP 11/14 Page 2 of 3 SECTION I AND II—PROPERTY AND LIABILITY CONDITIONS Item 1.a. Policy Period applies to personal offense. DEFINITIONS To the extent coverage is provided by this endorsement, the following are added to item 3.: "Persona!offense"means injury arising out of one or more of the following offenses: (1) false arrest, detention or imprisonment; (2) malicious prosecution; (3) wrongful eviction or wrongful entry; (4) oral or written publication, in any manner, of material that slanders, libels or defames the character of a person, which occurs in any manner; or (5) invasion of privacy, which occurs in any manner. "Annual aggregate limit" means the amount shown in the Policy Declarations for Coverage E—Personal Liability is the most we will pay for the total of all offenses occurring in a policy period, or offenses of the same general nature continuing in succeeding policy periods, and regardless of the number of insureds, claims made or suits brought. All other provisions of this policy apply HOM-7350/EP 11/14 Page 3 of 3 ESCAPE OF WATER FROM A SUMP, SUMP PUMP OR DRAIN ON THE RESIDENCE PREMISES (BUILDING AND CONTENTS) 1. To the extent coverage is provided by this EXTENSION OF COVERAGE and up to the LIMIT OF LIABILITY described below, Section I — Building Property Losses We Do Not Cover, Water Damage, 10.d. and 10.e. do not apply (items 3.d. and 3.e. under Section I — Personal Property Losses We Do Not Cover for HOM-7040/EP, Renters Policy). 2. EXTENSION OF COVERAGE For an additional premium,we cover accidental direct physical loss to property covered under Section I—Property Coverages caused solely by water that escapes,overflows or discharges from a sump, sump pump, sump pump well or a drain or related plumbing appliance located on the residence premises. For purposes of coverage under this EXTENSION OF COVERAGE, a drain or related plumbing appliance does not include a roof drain, gutter,downspout or similar fixture or equipment. 3. EXCLUSION THIS IS NOT FLOOD INSURANCE. There shall be no coverage under this EXTENSION OF COVERAGE if water excluded under Section I—Building Property Losses We Do Not Cover,Water Damage,10.a., 10.b.or 10.c.(items 3.a.,3.b. or 3.c. under Section I—Personal Property Losses We Do Not Cover for HOM-7040/EP, Renters Policy): a. is concurrent with, in sequence with, or causes or contributes to the escape of water as described in this EXTENSION OF COVERAGE, and b. damages property covered under Section 1 — Property Coverages other than solely by escape,overflow or discharge from a sump,sump pump,sump pump well,or a drain or related plumbing appliance located on the residence premises. 4. LIMIT OF LIABILITY Our limit of liability for this EXTENSION OF COVERAGE shall be up to the amount shown in the Declarations for this EXTENSION OF COVERAGE. 5. DEDUCTIBLE We will pay only that part of the loss that exceeds the applicable deductible shown in the Policy Declarations. All other provisions of this policy apply. C HOM-7311/EP 1/09 0 0 0 0 O O O O M O M 0 0 0 0 .tn ti�� REFRIGERATED SPOILAGE COVERAGE 1. PROPERTY COVERED For an additional premium, we cover up to$500 for any one loss to covered property stored in freezers or refrigerators on the residence premises for accidental direct physical loss caused by: a. the interruption of power or other utility service; or b. mechanical failure of the unit storing the property. With respect to coverage under this endorsement, the exclusion Power Interruption in Building Property Losses We Do Not Cover or Personal Property Losses We Do Not Cover,does not apply. 2. LIMIT OF LIABILITY The limit of liability provided under this coverage shall not increase the limit of liability shown in the Policy Declarations applying to the damaged property. 3. DEDUCTIBLE There is no loss payable under this option unless the amount of loss exceeds$100. No more than$100 of the Section I—Property Coverages deductible stated in the Policy Declarations shall apply to items covered under this option. All other provisions of this policy apply. HOM-7305/EP 1/09 IDENTITY RECOVERY COVERAGE ID THEFT CASE MANAGEMENT SERVICE AND EXPENSE REIMBURSEMENT Service and coverage under this endorsement applies to any insured as defined in this policy. DEFINITIONS The following definitions are added with respect to this endorsement only: 1. "ID Recovery Case Manager"means a person assigned by us to help an insured to recover control over his or her personal identity (ID). This help may include contacting authorities, credit bureaus, creditors and businesses. Such contacts will take place with the permission and cooperation of the Insured. 2. "ID Theft"means the fraudulent use of the Social Security number or other method of identifying an Insured.This includes the fraudulent use of the personal identity of an insured to establish credit accounts, secure loans,enter into contracts or commit crimes. ID theft does not include the fraudulent use of a business name, d/b/a or any other method of identifying a business activity. ID theft does not include the unauthorized use of a valid credit card, credit account or bank account. However, ID theft does include the fraudulent alteration of account profile information, such as the address to which statements are sent. 3. "ID Theft Expenses" means any of the following when they are reasonable and necessary expenses that are incurred in the United States or Canada as a direct result of an ID theft. a. Costs for re-filing applications for loans,grants or other credit instruments. b. Costs for notarizing affidavits or other similar documents, long distance telephone calls and postage. c. Costs for up to 12 credit reports from established credit bureaus dated within 12 months after discovery of the ID theft. d. Fees and expenses for an attorney approved by us for the following. (1) The defense of any civil suit brought against an insured by a creditor or entity acting on behalf of a creditor for non-payment of goods or services or default on a loan. (2) The removal of any civil judgment wrongfully entered against an insured. e. Actual lost wages of the insured for time reasonably and necessarily taken away from work and away from the work premises. Time away from work includes partial or whole work days. Actual lost wages may include payment for vacation days,discretionary days,floating holidays and paid personal days. Actual lost wages does not include sick days or any loss arising from M time taken away from self employment. Necessary time off does not include time off to do tasks that could reasonably have been done during non-working hours. 0 N f. Actual costs for supervision of children or elderly or infirm relatives or dependants of the 0 Insuredduring time reasonably and necessarily taken away from such supervision.Such care amust be provided by a professional care provider who is not a relative of the insured. o The following Additional Coverage is added under Section I: o IDENTITY RECOVERY COVERAGE O We will provide the Case Management Service and Expense Reimbursement Coverage indicated below if to all of the following requirements are met. 1. There has been an ID theft involving the personal identity of an insured under this policy; and 2. Such ID theft is first discovered by the insured during the policy period for which this Identity NtiCRecovery coverage is applicable; and : 3. Such ID theft is reported to us within 60 days after it is first discovered by you. Includes copyrighted material of Insuranoe Servioes Office,Ino.,with its permission HOM-7307/EP 1/09 Page 1 of 3 If all three of the requirements listed above have been met,then we will provide the following to the Insured: 1. Case Management Service Services of an ID recovery case manager as needed to respond to the ID theft. 2. Expense Reimbursement Reimbursement of necessary and reasonable ID theft expenses incurred as a direct result of the ID theft. This coverage is additional insurance. LIMITS Case Management Service is available as needed for any one ID theft for up to 12 months in a row from the inception of the service. Expenses we incur to provide Case Management Service do not reduce the amount of limit available for Expense Reimbursement coverage. Expense Reimbursement coverage is subject to a limit of$25,000 annual aggregate per insured.This limit is the most we will pay for the total of all loss or expense arising out of all ID thefts to any one insured which are first discovered by the insured during the present annual policy period. This limit applies regardless of the number of claims during that period. An ID theft may be first discovered by the insured in one policy period and continue into other policy periods. If so, all loss and expense arising from such ID theft will be subject to the aggregate limit applicable to the policy period when the ID theft was first discovered by the Insured. Coverage for legal costs is found under item d. of the definition of ID theft expenses. Such legal costs are part of, and not in addition to,the Expense Reimbursement coverage limit. Item e. Lost Wages and item f. Child and Elder Care Expenses of the definition of ID theft expenses are jointly subject to a sub-limit of$250 per day, not to exceed $5,000 in total. This sub-limit is part of, and not in addition to,the Expense Reimbursement coverage limit. Coverage is limited to wages lost and expenses incurred within 12 months after the first discovery of the ID theft by the insured. DEDUCTIBLE Case Management Service is not subject to a deductible. Expense Reimbursement coverage is subject to a deductible as shown on your Declarations page. You shall be responsible for only one deductible under this endorsement during any one policy period. EXCLUSIONS The following additional exclusions apply to this coverage.These exclusions apply to both Case Management Service and Expense Reimbursement. We do not cover loss or expense arising from any of the following. 1. The theft of a professional or business identity. 2. Any fraudulent, dishonest or criminal act by an Insured. This includes any such act by a person aiding or abetting an insured.This also includes any such act by an authorized representative of an insured. In all these cases, it does not matter whether the individual is acting alone or in collusion with others. 3. Loss other than ID theft expenses.Account balances which arise out of fraudulent charges would be one example of loss other than ID theft expenses. 4. An ID theft first discovered by the insured prior to or after the period for which this coverage applies. This exclusion applies whether or not such ID theft began or continued during the period of coverage. 5. An ID theft that is not reported to us within 60 days after it is first discovered by the insured. 6. An ID theft that is not reported in writing to the police. Includes copyrighted material of Insurance Services Office, Inc.,with its permission HOM-7307/EP 1/09 Page 2 of 3 CONDITIONS The following additional Conditions apply to this coverage. A. Assistance and Claims If you have questions or need help, please call the ID Recovery Help Line at 1 (800)631-9073. The ID Recovery Help Line is available to provide you with the following. 1. Information on how to respond to a possible ID theft. 2. Instructions for how to submit a service request for Case Management Service and/or a claim form for Expense Reimbursement Coverage. In some cases, we may provide Case Management services at our expense to an insured prior to a determination that a covered Identity theft has occurred. Our provision of such services is not an admission of liability under the policy. We reserve the right to deny further coverage or service if, after investigation,we determine that a covered identity theft has not occurred. As respects Expense Reimbursement Coverage,you must send to us receipts,bills or other records that support your claim for ID theft expenses. Such records must be sent to us within 60 days after our request. B. Computer Security Each Insured has the responsibility to use and maintain security for his or her computer system. This includes the use of personal firewalls and anti-virus software. This also includes the proper disposal of used hard drives. C. Services The following conditions apply as respects any services provided by us or our designees to you or any insured under this endorsement. 1. Our ability to provide helpful services in the event of an ID theft depends on your cooperation, permission and assistance. 2. All services may not be available or applicable to all individuals. For example, Insureds who are minors or foreign nationals may not have credit records that can be provided or monitored. Service in Canada will be different from service in the United States and Puerto Rico in accordance with local conditions. 3. We do not warrant that our services will end or solve all problems associated with an ID theft.We do not warrant that our services will prevent future ID thefts. All other provisions of this policy apply. Y °o CO N O 0 0 0 N 0 O 0 O 0 O 0 M cn0 O 0 0 O toa O M 7' :,71. -r Includes copyrighted material of Insurance Services Office,Inc.,with Its permission HOM•7307/EP 1/09 Page 3 of 3 EQUIPMENT BREAKDOWN COVERAGE PROPERTY WE COVER For an additional premium we cover up to the amount stated in your policy declarations for accidental direct physical loss to your covered property located on the residence premises caused by equipment breakdown as described in this endorsement. BUILDING PROPERTY WE COVER We cover equipment breakdown. To the extent equipment breakdown coverage is provided under this endorsement, "mechanical breakdown"named in Building Property Losses We Do Not Cover,6.b.,does not apply. PERSONAL PROPERTY WE COVER Equipment breakdown is added to Personal Property Losses We Cover EQUIPMENT BREAKDOWN ADDITIONAL COVERAGES The following Equipment Breakdown coverages are added: 1. Expediting Expense We will pay up to$3,000 per occurrence for the extra costs to expedite repair or replacement to covered property for loss due to an equipment breakdown, meaning: The reasonable extra cost of temporary repair and of expediting the repair or replacement of damaged equipment, including overtime and the extra cost of express or other rapid means of transportation. 2. Spoilage Coverage We will pay up to$3,000 per occurrence for loss of perishable goods due to spoilage resulting from lack of power, light, heat,steam or refrigeration caused by an equipment breakdown to covered property. 3. Cleanup and Removal of Pollutants or Contaminants We will pay up to $3,000 per occurrence for the necessary clean up and removal of pollutants or contaminants resulting from an equipment breakdown. The limit of liability for each additional coverage described in 1.through 3.,above,shall not increase the limit of liability shown in the policy declarations for this endorsement. EQUIPMENT BREAKDOWN CONDITIONS The following Loss Settlement Conditions shall apply to covered loss caused by equipment breakdown: 1. Deductible We cover only that part of the loss that exceeds $500. In the event that more than one deductible may be applied to a loss that includes equipment breakdown the single highest deductible shall be applied. You may,however,elect a separate loss settlement for equipment breakdown,separate from any other loss covered under the policy, subject to a$500 deductible. 2. Loss Settlement a. We will pay the amount actually and necessarily incurred to repair or replace covered property damaged by an equipment breakdown. Our payment will be the lesser of: (1) The cost at the time of the equipment breakdown to repair the damaged covered property; (2) The cost at the time of the equipment breakdown to replace the covered property with property of like kind, capacity, size and quality; or (3) The amount you actually spend that is necessary to repair or replace the damaged property. b. Repair parts or replacement covered property must be: (1) of like kind, capacity, size and quality; and (2) used for the same purpose. c. If the cost of repairing or replacing only a part of the covered property is greater than: (1) The cost of repairing the covered Property; or HOM-7306/EP 1/09 Page 1 of 2 (2) The cost of replacing the entire Covered Property on the same site. We will pay the lesser of(1)or(2). d. Equipment Breakdown coverage does not extend beyond the Residence Premises. e. ENERGY STAR Improvements—Using Less Energy,Saving Money and Helping to Protect our Environment If Covered Property requires replacement due to an equipment breakdown, we will pay the additional cost to replace non ENERGY STAR rated equipment with equipment that is an ENERGY STAR Qualified Product as stated within www.energystar.gov. However, we will not pay more than 125% of what the cost would have been to repair or replace with like kind and quality. This condition does not increase any of the applicable coverage limits or apply to any Actual Cash Value loss settlement. ENERGY STAR is a joint program of the U.S. Environmental Protection Agency and the U.S. Department of Energy whose objective it is to help you save money and protect the environment through energy efficient products and practices. DEFINITIONS The following definition is added with respect to this endorsement only: Equipment breakdown means: 1. Accidental physical loss or damage originating within: a. Boilers,fired or unfired pressure vessels,vacuum vessels,and pressure piping,all normally subject to vacuum or internal pressure other than static pressure of contents,excluding: (1) waste disposal piping; (2) any piping forming part of a fire protective system; and (3) any water piping other than: (a) boiler feed water piping between the feed pump and the boiler; (b) boiler condensate return piping;or (c) water piping forming part of a refrigerating or air conditioning system used for cooling, humidifying or space heating purposes; b. all mechanical,electrical, electronic or fiber optic equipment; 2. caused by, resulting from, or consisting of: a. mechanical breakdown; b. electrical or electronic breakdown;or a co N c. rupture, bursting, bulging, implosion, or steam explosion. 0 3. However, Equipment breakdown shall not mean loss, damage, cost or expense directly caused by, N contributed to, resulting from or arising out of the following causes of loss: 0 a. Losses excluded under the policy to which this endorsement is attached; or 0 b. Perils insured against under Personal Property Losses We Cover of the policy to which this endorsement is attached; or 0 C. any sinkhole collapse,volcanic action,earth movement,leakage from fire extinguishing equipment, water,or flood. • All other provisions of this policy apply. zK HOM-7306/EP 1/09 Page 2 of 2 This policy is signed on our behalf by our President and Secretary. James MacPhee Mark C. Touhey President Vice President and Secretary This policy includes copyrighted material of Insurance Services Office, Inc. with its permission HOM-7232/EP 1/09 G5 6 Q) 'n ,r) N O O O O N O 0 O O 0 N C) O O )f) M O O 0 O 40 O ir.