PREMISES LIABILITY ENDORSEMENT For Use With Rental Dwelling Policy - DH (01-97) For Use With Rental Dwelling Policy - DH (01-97)

Transcription

1 PREMISES LIABILITY ENDORSEMENT For Use With Rental Dwelling Policy - DH (01-97) For Use With Rental Dwelling Policy - DH (01-97) In consideration of payment of premium and subject to all terms and conditions of this endorsement and all applicable terms and conditions of the policy to which it is attached, we agree to provide the following coverage: 1. INSURING AGREEMENT If a claim is made or a suit brought against the insured for damages because of bodily injury or property damage to which this coverage applies caused by an occurrence and arising out of the ownership, maintenance or use of the insured premises as a rental property, we will: a. pay up to the Premises Liability Limit of insurance shown on the Declarations Page of the policy to which this endorsement is attached for damages to which this coverage applies and for which the insured is legally liable; and b. provide a defense to such claims or suits at our expense by counsel of our choice, even if the allegations are groundless, false or fraudulent. We may make any investigation or settlement of any claim or suit that we decide is appropriate. Our obligation to defend any claim ends when the amount we pay for damages resulting from the occurrence equals the Premises Liability Limit of insurance shown on the Declarations Page of the policy to which this endorsement is attached. 2. SUPPLEMENTARY PAYMENTS AND ADDITIONAL COVERAGES In addition to the Premises Liability Limit of insurance shown on the Declarations Page of the policy to which this endorsement is attached, we will pay: a. the following claim expenses: (1) expenses incurred by us and costs taxed against the insured in any suit we defend; (2) premiums for bonds required in a suit defended by us, but not for bond amounts greater than the Premises Liability Limit, nor are we obligated to apply for or furnish any bond; (3) reasonable expenses incurred by the insured at our request, including actual loss of earnings up to $100 per day for assisting us in the investigation or defense of any claim or suit; (4) interest on that part of any covered judgement which accrues after entry of the judgement and before we pay or tender or deposit in court the amount, up to the Premises Liability Limit, of such judgement; b. expenses for first aid to others incurred by the insured for injury covered by this endorsement. 3. ALL SUBJECT TO THE FOLLOWING EXCLUSIONS a. This insurance does not apply to: (1) Bodily injury or property damage arising out of any business pursuits other than the ownership, maintenance or use of the insured premises as a rental property. (2) Bodily injury or property damage arising out of rendering or failing to render professional services. DH (01-97) Page 1

2 (3) Bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of any motor vehicle, aircraft or watercraft owned or operated or used by or rented or loaned to any insured. This exclusion does not apply to watercraft ashore at the premises described on the Declarations Page of the policy to which this endorsement is attached. (4) Bodily injury or property damage for which the insured is or may become liable as a result of any loss assessment charged against members of an association or property owners. (5) Bodily injury or property damage arising out of nuclear reaction or nuclear radiation or radioactive contamination all whether controlled or uncontrolled or however caused, or due to any consequence of any of these. (6) Bodily injury or property damage due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. (7) Bodily injury or property damage sustained by any insured or by any relative who is a resident of an insured's household. (8) Bodily injury or property damage which is expected or intended by any insured. (9) Bodily injury or property damage arising out of fraud committed by any insured. (10) Bodily injury or property damage arising out of willful injury by any insured to the property or person of another. (11) Bodily injury or property damage caused by the willful act of any insured but the company shall not be exonerated by your negligence or the negligence of others. (12) Bodily injury or property damage arising out of willful violation of a penal statute or ordinance committed by or with the consent of any insured. (13) Bodily injury or property damage arising out of any premises owned, rented or controlled by any insured other than an insured premises. (14) Bodily injury or property damage arising out of the presence of or the actual, alleged, or threatened release, discharge, escape, dispersal, seepage or migration of pollutants. This exclusion does not apply to bodily injury or property damage caused by heat, smoke or fumes from a hostile fire. As used in this exclusion a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. (15) Any loss, cost or expense arising out of any governmental direction or request that any insured test for, monitor, clean up, remove, contain, treat, detoxify or neutralize pollutants. (16) Liability arising out of any contract or agreement. This exclusion does not apply, however, to liability that arises out of a written contract directly relating to the maintenance of the insured premises and which is not otherwise excluded. (17) Any obligation of any insured under a workers compensation, disability benefits or unemployment compensation law or any similar law. (18) Bodily injury arising out of communicable disease of any kind transmitted by any insured including sexually transmitted disease. (19) Bodily injury arising out of sexual molestation, corporal punishment or abuse. Page 2 DH (01-97)

3 (20) Bodily injury to: (a) (b) an employee of any insured arising out of employment by any insured; the spouse, child, parent, brother or sister of an employee as a consequence of an injury to that employee. This exclusion applies whether or not any insured may be liable as an employer or in any other capacity and applies to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by you under a contract or agreement. (21) Property damage to property owned by any insured. (22) Property damage to property rented or borrowed or used by or in the care, custody or control of any insured. (23) Property damage to premises you have sold, given away or abandoned if the property damage arises out of any part of those premises. b. This endorsement does not insure: (1) Any person engaged in the business of his or her employer for bodily injury to any co-employee of such person injured in the course of employment. (2) Any of your partners, members or executive officers for any motor vehicle owned by such partner or officer or a member of his or her household. (3) Any person or organization for the conduct of any current or past partnership or joint venture not shown on the Declarations Page of the policy to which this endorsement is attached. 4. ALL SUBJECT TO THE FOLLOWING CONDITIONS AND LIMITATIONS The following conditions which are contained in the policy to which this endorsement is attached also apply to the insurance provided by this endorsement: REPRESENTATIONS CONCEALMENT, MISREPRESENTATION OR FRAUD CANCELLATION AND NON-RENEWAL In addition to the above the following conditions and limitations apply: a. Limit of Liability Regardless of the number of insureds, of claims made or suits brought or persons injured or sustaining property damage, our total liability under this coverage for bodily injury and property damage resulting from any one occurrence shall not exceed the Premises Liability Limit of insurance for this coverage stated on the Declarations Page of the policy to which this endorsement is attached. b. Duties After Loss (1) In case of an occurrence that could result in a loss covered by this endorsement you shall: (a) give written notice to us or our agent as soon as practicable which sets forth: DH (01-97) Page 3

4 (1.1) your name and the policy number; (1.2) reasonably available information on the time and circumstances of the occurrence and the names and addresses of any known claimants and witnesses; (b) (c) forward to us every notice, demand, summons or other process relating to the occurrence; at our request, assist in: (1.1) making settlements; (1.2) the enforcement of any right or contribution or indemnity against any person or organization who may be liable to any insured; (1.3) the conduct of suits, and attend hearings and trials; (1.4) securing and giving evidence and obtaining the attendance of witnesses. (2) No insured shall, except at the insured's own cost, voluntarily make any payment, assume any obligation or incur any expense other than for first aid to others at the time of bodily injury that we cover. c. Suit Against Us No action shall be brought against us unless there has been compliance with all the provisions of this endorsement and the policy to which it is attached. 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 for bodily injury or property damage shall be brought against us until the insured's obligation has been determined by final judgement or by agreement signed by us. d. Policy Period This insurance applies only to bodily injury or property damage that occurs during the policy period shown on the Declarations Page of the policy to which this endorsement is attached. e. Waiver or Change of Policy Provisions This endorsement and the policy to which it is attached contain all agreements between you and us concerning this insurance. A waiver or change of any provision of this endorsement and the of the policy to which it is attached must be in writing by us to be valid. f. Other Insurance This insurance is excess to any other insurance which is valid and collectible or which would be valid and collectible except for the existence of this insurance, except insurance written specifically to cover as excess over the limits of liability that apply in the policy to which this endorsement is attached. g. Subrogation We may require from you an assignment of your right of recovery against any party for loss to the extent that payment therefor is made by us. h. Death If you die: Page 4 DH (01-97)

5 (1) we insure your legal representative but only with respect to the insured premises as a rental property covered under this endorsement at the time of your death; (2) insured is redefined to include the person having proper temporary custody of covered property until appointment and qualification of a legal representative. DEFINITIONS APPLICABLE TO THIS ENDORSEMENT Certain words which appear in bold type are defined as follows. The DEFINITIONS section contained in the policy to which this endorsement is attached also applies to the insurance provided by this endorsement: 1. Aircraft means any contrivance used or designed for navigation of or flight in the air, except model aircraft of the hobby variety not used or designed for the transportation of people or cargo. 2. Bodily injury means bodily harm, sickness or disease sustained by a person including death resulting from any of these at any time. 3. Insured means: a. an individual shown on the Declarations Page and his or her spouse but only with respect to the ownership, maintenance or use of the insured premises as a rental property; b. a partnership or joint venture shown on the Declarations Page, its partners, members and the spouses thereof but only with respect to the ownership, maintenance or use of the insured premises as a rental property. c. any organization, other than a partnership or joint venture, shown on the Declarations Page, its members, executive officers and stockholders but only with respect to the ownership, maintenance or use of the insured premises as a rental property; d. your employees, but only for acts within the scope of their employment by you in connection with the ownership, maintenance or use of the insured premises as a rental property. e. any person or organization while acting as your real estate manager for an insured premises as a rental property. f. any person or organization having lawful, temporary custody of your covered property if you die but only for acts within the scope of their duties as such and only until your legal representative has been appointed; g. your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this endorsement. 4. Insured premises means: a. the premises described on the Declarations Page; b. any rental dwelling which you acquire during the policy period provided that no other insurance applies. This insurance shall cease sixty (60) days after the date you acquire the premises or, if sooner, the expiration or cancellation date of the policy to which this endorsement is attached. An additional premium, computed by using the rates and rules in effect at the date of acquisition, will be charged for the period of time we provide insurance. 5. Motor vehicle means any motorized land conveyance and any trailer while being towed. For the purposes of this insurance the following shall not be considered to be motor vehicles: DH (01-97) Page 5

6 a. while at the premises described on the Declarations Page, vehicles used by any insured which are designed for recreational use off public roads and which are not subject to motor vehicle registration; b. golf carts; c. vehicles not designed for travel on public roads and not subject to motor vehicle registration designed for assisting the handicapped or for the maintenance of the premises described on the Declarations Page. 6. Occurrence means an accident. With respect to the insurance provided by this endorsement only, an accident may include continuous or repeated exposure to the same harmful conditions. 7. Property damage means: a. physical injury to or destruction of tangible property and the resultant loss of use thereof; b. loss of use of tangible property that is not physically injured. Page 6 DH (01-97)