Builders Risk BUILDERS RISK POLICY DECLARATIONS
This Policy issued by:
X Fidelity and Deposit Company of Maryland a Colonial American Casualty and
P.O. Box 1227 Surety Company, P.O. Box 1227
ir Baltimore, Maryland 21203 Baltimore, Maryland 21203
olicy No. CMP 0013518 00 Renewal of No. New Business
Named Insured and Mailing Address Agency Name and Number
(No., Street, Town or City, County, State, Zip Code)*
D. L. PORTER CONSTRUCTION, INC. ROGER BOUCHARD INSURANCE, INC.
1100 GILLESPIE AVENUE P. 0. BOX 6090
SARASOTA, FLORIDA 34236 CLEARWATER, FLORIDA 34618
031 -4128
Policy Period *:
From 10 -17 -95 to 4 -17 -96 at 12:01 A.M. Standard Time at your mailing address shown above.
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE
AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY.
CONSTRUCTION PROJECT
NEW CONSTRUCTION OF PRACTICE FIRE TOWER, 1- BUILDING, 4- STORY, 2,800 SQUARE FEET, MASONRY
NON- COMBUSTIBLE CONSTRUCTION.
ADDRESS
MILE MARKER 56
CRAWL KEY, MONROE COUNTY, FLORIDA 32050
LIMITS OF INSURANCE
' � ( ONSTRUCTION PROJECT $286,000.
RANSIT $ 25,000.
TEMPORARY STORAGE $ 25,000.
ANY ONE LOSS $286,000.
DEDUCTIBLE $ 1,000. EXCEPT WIND *Subject to a $750. minimum &
POLICY PREMIUM (FULLY EARNED) $ 750.* retained policywriting premium
❑ MORTGAGE HOLDER x LOSS PAYEE
Name and Address:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
5100 COLLEGE ROAD
KEY WEST, FLORIDA 33040
FORMS AND ENDORSEMENTS
Forms and Endorsements applying to this policy at time of issue:
CIM 7500 (1- 92),CIM 7500D (3- 90),CIM 6770 (3- 91),ENDT. A- EARTHMOVEMENT, WATER, WIND &
COLLAPSE COVERAGE ENDORSEMENT,ENDT.B - PROTECTIVE SAF .UARIS,ENDT.0 -LOSS PAYABLE CLAUSE.
Countersigned: ,�
BOA /PIL /10 -5 -95 By 7../ I�� �— = �L IF
CAR /11 -7 -95 (SR)
Authorized Representative
tie THESE DECLARATIONS AND THE SUPPLEMENTAL DECLARATION, TOGETHER WITH THE COVERAGE FORMS) AND FORMS AND
ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY.
Includes copyrighted material of Insuranco Services Offices, Inc. with its permission. Copyright, Insurance
Services Office, Inc., 1983, 1984
CIM7500d (Ed. 3 -90)
The
BUILDERS RISK POLICY
compankt),
cor DECLARATIONS PAGE Beginning on Page
Named Insured and Mailing Address
Policy Period
Description of Construction Project
Address
Limits of Insurance
Deductible
Rate and Policy Premium
Mortgage Holders /Loss Payee and Mailing Address
a Forms and Endorsements Applicable
PART ONE: THE INSURING AGREEMENT
Covered Property 1
Property Not Covered 1
Covered Cause of Loss 1
Coverage Extensions 1
When Coverage Begins and Ends 2
Limits of Insurance 2
Exclusions 2
PART TWO: DEFINITIONS 3
PART THREE: GENERAL CONDITIONS 3
c o s Coverage Territory 3
Policy Period 3
Cancellation 3
Need for Adequate Insurance 4
Valuation 4
Concealment, Misrepresentation, or Fraud 4
Legal Action Against Us 4
No Benefit to Bailee 4
Changes 4
Examination of Your Books and Records 4
Inspections and Surveys 4
Transfer of Your Rights and Duties Under This Policy 5
(,..„. ,
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CIM7500 (Ed. 1 -92) Copyright, Insurance Services Office, 1983
PART FOUR: LOSS CONDITIONS Beginning on Page
Abandonment 5
Appraisals 5
Duties in the Event of Loss 5
Deductible 5
Insurance Under Two or More Coverages 5
Loss Payment 6
Other Insurance 6
Pair, Set, or Parts 6
Privilege to Adjust with Owner 6
Recoveries 6
Reinstatement of Limit After Loss 6
Transfer of Rights of Recovery Against Others to Us 6
j
4
The
F & BUILDERS RISK POLICY
compan s
Note: Various provisions in the Policy and this Form restrict Coverage. Read the entire Policy and Form carefully
to determine rights, duties, and what is and is not covered.
Throughout this Policy, the words "you" and "your" refer to the Named Insured shown in the Declarations. The words
"we," "us," and "our" refer to the Company providing this insurance.
• Other words and phrases that appear in quotation marks have special meanings. Refer to PART TWO: DEFINITIONS.
PART ONE: THE INSURING AGREEMENT
We will pay for direct physical "loss" to Covered Property C. Covered Cause of Loss
caused by or resulting from any Covered Cause of Loss.
We cover against risks of direct physical "loss" unless
A. Covered Property, as used in this Policy, means the the Cause of Loss is excluded in Section G., Exclu-
"construction project" designated in the Declarations. sions, or is limited by other sections of this Policy.
"Construction Project" includes:
D. Coverage Extensions
1. Machinery, equipment, and materials and supplies The following Coverage Extensions are in addition to
that you own or are legally liable for and that will the Limits of Insurance shown in the Declarations.
become a permanent part of the "construction
project "; 1. Debris Removal
We will pay your expense to remove debris of
2. Foundations, underground pipes, drains, and pil- Covered Property caused by or resulting from a
ings; and Covered Cause of Loss. When the amount of
"loss" and debris removal expense exceeds the
3. If included in the limit of liability, sidewalks, curbs, Limit of Insurance, we will pay up to an additional
driveways, parking lots, signs, and lights. $25,000 in any one "loss." This Debris Removal
Coverage does not apply to the cost of removing
B. Property Not Covered "pollutants" from Covered Property.
Covered Property does not include: 2. Pollutants Cleanup and Removal
We will pay your expense to remove "pollutants"
1. Money, currency, gold or silver bullion, or platinum; from Covered Property if the release, discharge,
or dispersal of the "pollutant" is caused by or
2. Property of others, unless you are legally liable for results from a Covered Cause of Loss that occurs
it; during the Policy period. The most we will pay is
$25,000 for the sum of all such expenses arising
3. Contractors' equipment, machinery, tools, or out of Covered Causes of Loss occurring during the
similar property which will not become part of the Policy period.
"construction project ";
3. Valuable Papers and Records
4. Aircraft or watercraft, motor vehicles; When a "loss" from a Covered Cause of Loss oc-
curs at your "construction project" to any of your
5. Buildings or structures that exist prior to the start valuable papers or records such as blueprints,
of the "construction project "; plans, drawings, or data processing media, we will
pay up to $25,000 to reproduce, replace, or restore
6. Bridges, tunnels, piers, and dams; these valuable records.
7. Land and excavations; and 4. Trees, Shrubs, or Plants, Including Lawn
We will pay up to $2,500 for "loss" to trees, shrubs,
8. Landscaping including trees, shrubs, plants, or or plants, including lawn, if the "loss" is caused
lawn, except as provided in the Coverage Ex- by a Covered Cause of Loss. Our limit on any one
tensions. tree, shrub, or plant, including removal, is $500.
Page 1
5. Fire Department Service Charge G. Exclusions
When the fire department is called to save or pro-
tect Covered Property from a Covered Cause of We will not pay for a "loss" caused directly or indirectly
Loss, we will pay up to $5,000 for your liability for by any of the following. Such "loss" is excluded
fire department service charges: regardless of any other cause or event that contributes
N40) concurrently or in any sequence to the "loss."
a. Assumed by contract or agreement prior to
"loss "; or 1. The enforcement of any building ordinance or law:
b. Required by local ordinance. a. Regulating the construction, use, or repair of
any property; or
6. Transit and Temporary Storage b. Requiring the tearing down of any property, in-
If a limit is designated in the Declarations, coverage cluding the cost of removing its debris.
is extended by this Policy to apply to Covered Pro-
perty while that property is: 2. Seizure or destruction of property by order of
governmental authority. But we will pay for acts of
a. In transit to the "construction project "; or destruction ordered by governmental authority and
b. Temporarily stored at any location other than taken at the time of a fire to prevent its spread, if
the construction site. the fire would be covered under this Coverage.
3. Nuclear reaction or radiation, or radioactive con -
7. Other Extensions tamination, however caused. But if "loss" by fire
We will pay for "loss" caused by or resulting from results, we will pay for that resulting "loss."
any Covered Cause of Loss to:
4. a. War, including undeclared or civil war;
a. Temporary structures such as office trailers;
b. Warlike action by a military force, including ac-
b. Scaffolding, falsework, construction forms, and tion in hindering or defending against an ac-
cribbing; tual or expected attack by any government,
only while they are at the construction site. sovereign, or other authority using military per-
sonnel or other agents; or
E. When Coverage Begins and Ends c. Insurrection, rebellion, revolution, usurped
The Insurance provided by this Policy will begin when power, or action taken by governmental
you acquire an interest in the property insured, but not authority in hindering or defending against any
before the effective date shown on the Declarations of these.
Page. Insurance for each "construction project" 5. Earthquake, landslide, mudslide, or volcanic activi-
covered under this Policy will cease when one of the ty. But if "loss" by fire or explosion results, we will
following first occurs:
pay for that resulting "loss."
1. This Policy expires or is cancelled; 6. Flood, surface water, waves, tides, tidal waves,
2. The property is accepted by the purchaser; overflow of any body of water, or their spray, all
whether driven by wind or not.
3. Your interest in the property ceases; or 7. The release, discharge, or dispersal of toxic or
4. When any part of the "construction project" de- hazardous substances, contaminants, or
scribed in the Declarations is put to its intended use pollutants.
without our written consent. 8. Delay, loss of use, or loss of market, or any other
consequential "loss ";
F. Limits of Insurance
9. Dishonest or criminal act by you, any of your part-
The most we will pay for any "loss" is the applicable ners, employees, authorized representatives, or
Limit of Insurance shown in the Declarations. If anyone to whom you entrust the property;
coverage for Property in Transit is provided by this
Policy, the Limit of Insurance shown in the Declarations a. Acting alone or in collusion with others; and
applies per vehicle. If coverage for temporary storage
is provided by this Policy, the Limit of Insurance shown b. Whether or not occurring during the hours of
in the Declarations applies per location. employment.
Page 2
10. Unaccountable "loss" or shortage disclosed upon 3. Artificially generated electric current, including
taking inventory. electrical arcing, that disturbs electrical devices,
appliances, or wires;
11. Rain or snow or freezing of building materials or
other Covered Property if not within a building. 4. Defective materials, or faulty workmanship;
12. We will not pay for a "loss" which is covered by 5. Error, omission, or deficiency in designs, plans, or
or under any guarantee, warranty either expressed specifications; or
or implied, or similar assumed obligation.
6. Settling, shrinking, or expanding of foundations,
We will not pay for "loss" to Covered Property walls, floors, roofs, or ceilings.
caused by the following:
But if "loss" by a Covered Cause of Loss results from
1. Wear and tear, rust, corrosion, and deterioration; any of the above, we will cover the resulting damage
to other Covered Property, but only if the resulting
2. Mechanical breakdown; damage occurs during the policy period.
PART TWO: DEFINITIONS
A. "Loss" means accidental loss or damage. C. "Projected completed value" means the estimated cost
to complete the "construction project," but does not
B. "Construction project" means buildings or structures include the cost of property not covered, as specified
in the course of construction at the construction site in the Insuring Agreement.
designated in the Declarations. The "construction pro-
ject" includes: D. "Pollutants" means any solid, liquid, gaseous, or ther-
mal irritants or contaminants, including vapor, fumes,
1. Renovations; acids, alkalis, chemicals, and waste. Waste includes
2. Installations; and material to be recycled, reconditioned, or re- claimed.
3. Additions.
PART THREE: GENERAL CONDITIONS
All Coverages included in this Policy are subject to the following conditions.
A. COVERAGE TERRITORY C. CANCELLATION
We cover property wherever located within: 1. The first Named Insured shown in the Declarations
may cancel this Policy by mailing or delivering to
1. Any state of the United States of America; us advance written notice of cancellation.
2. And the District of Columbia; and 2. We may cancel this Policy by mailing or delivering
to the first Named Insured written notice of
3. While the property is in transit between these cancellation at least:
places.
a. 10 days before the effective date of cancella-
B. POLICY PERIOD tion if we cancel for nonpayment of premium; or
We cover "loss" commencing during the policy period b. 30 days before the effective date of cancella-
shown in the Declarations. tion if we cancel for any other reason.
Page 3
3. We will mail or deliver our notice to the first 2. The Covered Property; or
Named Insured's last mailing address known to us.
3. Your interest in the Covered Property.
4. Notice of cancellation will state the effective date
of cancellation. The policy period will end on that G. LEGAL ACTION AGAINST US
date.
No one may bring a legal action against us under this
5. If this Policy is cancelled, we will send the first Policy unless:
Named Insured any premium refund due. If we
cancel, the refund will be pro rata. If the first 1. There has been full compliance with all the terms
Named Insured cancels, the refund may be less of the Policy; and
than pro rata. The cancellation will be effective
even if we have not made or offered a refund. 2. The action is brought within 2 years after you first
have knowledge of the "loss."
6. If notice is mailed, proof of mailing will be sufficient
proof of notice. H. NO BENEFIT TO BAILEE
D. NEED FOR ADEQUATE INSURANCE No person or organization, other than you, having
custody of Covered Property, will benefit from this
The "construction project" must be insured for 100% insurance.
of its "projected completed value" as of the time of
"loss" or you will incur a penalty in the event of a I. CHANGES
"loss." The penalty is that we will pay only the propor-
tion of any "loss" that the Limit of Insurance at any This Policy contains all the agreements between you
"construction project" bears to the "projected com- and us concerning the insurance afforded. The first
pleted value" of all property at that "construction pro- Named Insured shown in the Declarations is authorized
ject" at the date of completion. to make changes in the terms of this Policy with our
consent. This Policy's terms can be amended only by
E. VALUATION means of a written endorsement issued by us and made
a part of this Policy.
1. Your Property '4001)
J. EXAMINATION OF YOUR BOOKS AND RECORDS
The value of your property will be the actual cost
of repairing, replacing, or rebuilding the property We may examine and audit your books and records as
with materials of similar kind and quality, including they relate to this Policy at any time during the Policy
profit, overhead, and architect and engineering period and up to three years afterward.
fees, if they have been included in the "projected
completed value." K. INSPECTION AND SURVEYS
2. Property of Others, the value of property of others We have the right but are not obligated to:
will be the lesser of:
1. Make inspections and surveys at any time;
a. The amount for which you are liable, plus the
value of labor and materials you have added; or 2. Give you reports on the conditions we find; and
b. Its replacement cost value, including labor and 3. Recommend changes.
materials you have added.
4. Any inspections, surveys, reports, or recommen-
F. CONCEALMENT, MISREPRESENTATION, OR dations relate only to insurability and the premiums
FRAUD to be charged. We do not undertake to perform the
duty of any person or organization to provide for
This Policy is void in any case of fraud by you relating health or safety of workers or the public. And we
to it. do not warrant that those conditions:
It is also void if you intentionally conceal or misrepre- a. Are safe and healthful; or
sent a material fact concerning:
b. Comply with laws, regulations, codes, or
1. This Policy; standards.
Page 4
This condition applies not only to us, but also to any case of death of an individual named insured. If you
rating, advisory, rate service, or similar organization die, your rights and duties will be transferred to your
which makes insurance inspections, surveys, reports, legal representative but only while acting within the
or recommendations. scope of duties as your legal representative. Until your
L. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER legal representative is appointed, anyone having pro
THIS POLICY per temporary custody of your property will have your
rights and duties but only with respect to that property.
Your rights and duties under this Policy may not be
transferred without our written consent except in the
PART FOUR: LOSS CONDITIONS
The following conditions apply in addition to the General Conditions.
A. ABANDONMENT expenses, for consideration in the settlement of the
claim.
There can be no abandonment of any property to us.
5. Make no statement that will assume any obligation
B. APPRAISALS or admit any liability, for any "loss" for which we
may be liable, without our consent.
If we and you disagree on the value of the property or
the amount of "loss," either of us may make written 6. Permit us to inspect the property and records prov-
demand for an appraisal of the "loss." In this event, ing "loss."
each party will select a competent and impartial ap-
praiser. The two appraisers will select an umpire. If they
cannot agree, either appraiser or party may request that 7. If requested, permit us to question you under oath,
selection of an umpire be made by a judge of a court at such times as may be reasonably required, about
having jurisdiction. The appraisers will state separate- any matter relating to this insurance or your claim,
ar
ly the value of the property and amount of "loss." If including your books and records. In such event,
they fail to agree, they will submit their difference to your answers must be signed.
the umpire. A decision agreed to by any two will be bin -
ding. Each party will: 8. Send us a signed, sworn statement of "loss" con -
1. Pay its chosen appraiser; and taining the information we request to settle the
claim. You must do this within 60 days after our
2. Bear the other expenses of the appraisal and um- request. We will supply you with the necessary
pire equally. forms.
If we submit to an appraisal, we will retain our right to 9. Promptly send us any legal papers or notices
deny the claim. received concerning the "loss."
C. DUTIES IN THE EVENT OF LOSS 10. Cooperate with us in the investigation or settlement
of the claim.
You must see that the following are done in the event
of "loss" to Covered Property: D. DEDUCTIBLE
1. Notify the police if a law may have been broken. We will not pay for "loss" in any one occurrence until
2. Give us prompt notice of the "loss." Include a the amount of "loss" exceeds the Deductible shown
description of the property involved. in the Declarations. We will then pay the amount of
"loss" in excess of the Deductible, up to the applicable
3. As soon as possible, give us a description of how,
Limit of Insurance.
when, and where the "loss" occurred.
E. INSURANCE UNDER TWO OR MORE COVERAGES
4. Take all reasonable steps to protect the Covered
Property from further damage. If feasible, set the If two or more of this Policy's coverages apply to the
damaged property aside and in the best possible same "loss," we will not pay more than the actual
order for examination. Also keep a record of your amount of the "loss."
Page 5
F. LOSS PAYMENT I. PRIVILEGE TO ADJUST WITH OWNER
We will pay or make good any "loss" covered under In the event of "loss" involving property of others in
this Policy within 30 days after: your care, custody, or control, we have the right to:
1. We reach agreement with you; 1. Settle the "loss" with the owners of the property.
A receipt for payment from the owners of that pro -
2. The entry of final judgement; or perty will satisfy any claim of yours.
3. The filing of an appraisal award. 2. Provide a defense for legal proceedings brought
against you. If provided, the expense of this
We will not be liable for any part of a "loss" that has defense will be at our cost and will not reduce the
been paid or made good by others. applicable Limit of Insurance under this Policy.
G. OTHER INSURANCE J. RECOVERIES
Any recovery or salvage on a "loss" will accrue entirely
If you have other insurance covering the same "loss" to our benefit until the sum paid by us has been made
as the insurance under this Policy, we will pay only the up.
excess over what you should have received from the
other insurance. We will pay only the excess whether K. REINSTATEMENT OF LIMIT AFTER LOSS
you can collect on the other insurance or not. The Limit of Insurance will not be reduced by the pay -
H. PAIR, SET, OR PARTS ment of any claim, except for total "loss" of a sche-
duled item, in which event we will refund the unearned
1. Pair or Set. In case of "loss" to any part of a pair premium on that item.
or set, we may: L. TRANSFER OF RIGHTS OF RECOVERY AGAINST
a. Repair or replace any part to restore the pair OTHERS TO US
or set to its value before the "loss "; or If after a "loss," you have the right to recover from
another party, those rights are transferred to us to the
b. Pay the difference between the value of the extent of our payment. You must do everything
pair or set before and after the "loss." necessary to secure our rights and must do nothing
after a "loss" to impair them. Prior to a "loss" you may
2. Parts. In case of "loss" to any part of Covered Pro- waive in writing your rights of recovery against another
perty consisting of several parts when complete, party, but you may not waive your rights against any
we will only pay for the value of the lost or damaged architect or engineer without our written consent.
part.
IN WITNESS WHEREOF, the Company has caused this Policy to be signed by its President and Secretary,
and to be countersigned on the Declarations page by a duly authorized representative of the Company.
ATTEST: BY
,,,L. K
Secretary President
Page 6
TIIIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
FLORIDA CHANGES
This endorsement modifies insurance provided under the following:
BUILDERS RISK POLICY
A. Paragraph 2. of the CANCELLATION (3) There has been a failure to
General Condition is replaced by comply with underwriting
the following: requirements within 90
2. a. Cancellation For Policies days of the effective date
In Effect 90 Days Or Less of coverage;
If this policy has been in (4) There has been a substantial
effect for 90 days or less, change in the risk covered
we may cancel this policy by the policy; or
by mailing or delivering (5) The cancellation is for all
to the first Named Insured insureds under such policies
written notice of cancel- for a given class of
lation, accompanied by the insureds.
reasons for cancellation, If we cancel this policy for any
at least: of these reasons, we will mail
(1) 10 days before the or deliver to the first Named
effective date of can- Insured written notice of
cellation if we cancel cancellation, accompanied by
for nonpayment of the reasons for cancellation,
premium. at least:
(2) 20 days before the (a) 10 days before the effective
effective date of can- date of cancellation if
cellation if we cancel cancellation is for the
for any other reason, reason stated in b.(1)
except we may cancel above; or
immediately if there (b) 45 days before the effective
has been: date of cancellation if
(a) A material misstate- cancellation is for the
ment or mis- reasons stated in b.(2),
representation; or (3), (4) or (5) above.
(b) A failure to comply B. The following is added:
with underwriting NONRENEWAL
requirements 1. If we decide not to renew this
established by the policy we will mail or deliver to
insurer. the first Named Insured written
b. Cancellation For Policies In notice of nonrenewal, accompanied
Effect For More Than 90 Days by the reason for nonrenewal, at
If this policy has been in least 45 days prior to the
effect for more than 90 days, expiration of this policy.
we may cancel this policy 2. Any notice of nonrenewal will be
only for one or more of the mailed or delivered to the first
following reasons: Named Insured's last mailing address
(1) Nonpayment of premium; known to us. If notice is mailed,
(2) The policy was obtained proof of mailing will be sufficient
by a material misstate- proof of notice.
ment;
Page 1 of 2
CIM 6770 (Ed. 3 -91) - FLORIDA
C. The following replaces the second
paragraph of the Legal Action
Against Us condition:
Legal Action Against Us
Legal action against us involving •
direct physical loss or damage
to property must be brought within
5 years from the date the loss occurs.
D. The following replaces Loss Condition
F. Loss Payment: •
We will pay or make good any "loss"
covered under this policy:
1. Within 20 days after we reach
written agreement with you; or
2. Within 30 days after:
a. The entry of final judgment;
or
b. The filing of an appraisal
award.
We will not be liable for any part of
"loss" that has been paid or made
good by others.
E. WARRANTIES
Wherever the words "warrants ",
"warranties ", "warranted" or "warranty"
appear in this policy, you and we agree
they are representations.
F. The following replaces General Conditions D.
Need for Adequate Insurance:
COINSURANCE CLAUSE
The "construction project" must be insured for
100% of its "projected completed value" as of
the time of "loss" or you will incur a penalty
in the event of "loss ". The penalty is that
we will pay only the proportion of any "loss"
that the Limit of Insurance at any "construction
project" bears to the "projected completed value"
of all covered property at that "construction
project" at the date of completion.
Coinsurance Contract: The rate charged in this
policy is based upon the use of the coinsurance
clause attached to this policy, with the consent of
the insured.
Page 2 of 2
CIM 6770 (Ed. 3 -91) - FLORIDA
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY
POLICY CHANGES
This endorsement modifies insurance provided under the following:
BUILDERS RISK POLICY
Policy Number Effective Date of Change Change Number
CMP 0013518 00 10 -17 -95 A
Named Insured
D. L. PORTER CONSTRUCTION, INC.
EARTH MOVEMENT, WATER, WIND AND COLLAPSE
COVERAGE MODIFICATION ENDORSEMENT
It is agreed that Exclusions 5. and 6. under G. Exclusions are deleted
in their entirety and replaced by the following:
5. Any earthmovement (other than sinkhole collapse), such as an
earthquake, landslide, volcanic action, mine subsidence or earth
Coo sinking, rising or shifting. But if "loss" by fire or explosion
results, we will pay for that resulting "loss".
6. Water, including but not limited to:
(a) Flood, surface water, waves, tides, tidal waves, overflow of
any body of water or their spray, all whether wind driven
or not;
(b) Mudslide or mudflow;
(c) Water that backs up from a sewer or drain; or
(d) Water under the ground surface pressing on, flowing or
seeping through:
(1) foundations, walls, floors or paved surfaces;
(2) basements, whether paved or not; or
(3) doors, windows or other openings;
(e) Water that leaks of flows from plumbing, heating, air
conditioning or other equipment, caused by or resulting from
freezing.
But if "loss" by fire or explosion results, we will pay for that
resulting "loss".
It is agreed that Exclusions 12. and 14. are added under G.
Exclusions:
13. Windstorm or Hail;
14. collapse, except as provided for in the Additional Coverage for
Collapse included in this endorsement.
•
Additional Coverage for Collapse
We will pay for "loss" caused by or resulting from risks of direct
physical loss involving collapse of a building or any part of a building
caused only by one or more of the following:
(1) The "specified causes of loss" or breakage of building glass, all
only as insured against in this Builders Risk Policy;
(2) Hidden decay;
(3) Hidden insect or vermin damage;
(4) Weight of people or personal property;
(5) Weight of rain that collects on a roof;
(6) Use of defective material or methods in construction, remodeling
or renovation if the collapse occurs during the course of
construction, remodeling or renovation.
Collapse does not include settling, cracking, shrinkage, bulging or
expansion.
This Additional Coverage will not increase the Limits of Insurance
shown in the Declarations.
It is agreed that E. and F. below are added under PART TWO:
DEFINITIONS:
E. "Specified caused of loss" means the following: Fire, lightning,
explosion, smoke, aircraft or vehicles, riot or civil commotion,
vandalism, "sinkhole collapse ", falling objects, weight of snow,
ice or sleet.
Falling objects does not include "loss" to
1. Covered Property in the open; or
2. The interior of a building or structure, or property inside a
building or structure, unless the roof or an outside wall of
the building or structure is first damaged by a falling object.
F. "Sinkhole collapse" means the sudden sinking or collapse of land
into underground empty spaces created by the action of water on
limestone or dolomite. This cause of loss does not include:
1. The cost of filling sinkholes; or
2. Sinking or collapse of land into man -made underground
cavities.
BOA /PIL/10 -5 -95
CAR /11 -7 -95 (SR)
Accepted by: Date:
Title:
ALL OTHER POLICY TERMS AND CONDITIONS REMAIN THE SAME.
Authorized Representative Signature
•
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY
PROTECTIVE SAFEGUARDS
This endorsement modifies insurance provided under the following:
BUILDERS RISK POLICY
Policy Number Effective Date of Change Change Number
CMP 0013518 00 10 -17 -95 B
Named Insured
D. L. PORTER CONSTRUCTION, INC.
A. This insurance will be automatically suspended at the covered
location if you fail to notify us immediately when you:
1) Know of any suspension or impairment in the protective
safeguards; or
2) Fail to maintain the protective safeguards indicated below.
B. The protective safeguards to which this endorsement applies are
as follows:
FENCED CONSTRUCTION SITE: You will surround the
construction site with a minimum six foot chain link fence. This fence must
have a gate which is to be locked during all non - construction hours.
Accepted By:
Title:
Date:
BOA /PIL /10 -5 -95
CAR/11 -7 -95 (SR)
Additional /Return Premium $
ALL OTHER CONDITIONS REMAIN THE SAME.
Authorized Representative Signature
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY
LOSS PAYABLE CLAUSE
This endorsement modifies insurance provided under the following:
BUILDERS RISK POLICY
Policy Number Effective Date of Change Change Number
CMP 0013518 00 10 -17 -95 C
Named Insured
D. L. PORTER CONSTRUCTION, INC.
ADDITIONAL CONDITION
The following also applies:
Citar LOSS PAYABLE
For Covered Property in which both you and a Loss Payee shown in
the Declarations have an insurable interest, we will:
1. Adjust loss with you; and
2. Pay any claim for loss or damage jointly to you and the Loss
Payee, as interests may appear.
BOA /PIL /10 -5 -95
CAR /11 -7 -95 (SR)
ALL OTHER CONDITIONS REMAIN THE SAME.
Authorized Representative Signature