COMMERCIAL PROPERTY
CP 10 30 09 17
CP 10 30 09 17
© Insurance Services Office, Inc., 2016
Page 1 of 10
CAUSES OF LOSS SPECIAL FORM
Words and phrases that appear in quotation marks have special meaning. Refer to Section G. Definitions.
A. Covered Causes Of Loss
When Special is shown in the Declarations,
Covered Causes of Loss means direct physical
loss unless the loss is excluded or limited in this
policy.
B. Exclusions
1. We will not pay for loss or damage caused
directly or indirectly by any of the following.
Such loss or damage is excluded regardless of
any other cause or event that contributes
concurrently or in any sequence to the loss.
a. Ordinance Or Law
The enforcement of or compliance with any
ordinance or law:
(1) Regulating the construction, use or
repair of any property; or
(2) Requiring the tearing down of any
property, including the cost of removing
its debris.
This exclusion, Ordinance Or Law, applies
whether the loss results from:
(a) An ordinance or law that is enforced
even if the property has not been
damaged; or
(b) The increased costs incurred to
comply with an ordinance or law in
the course of construction, repair,
renovation, remodeling or demolition
of property, or removal of its debris,
following a physical loss to that
property.
b. Earth Movement
(1) Earthquake, including tremors and
aftershocks and any earth sinking, rising
or shifting related to such event;
(2) Landslide, including any earth sinking,
rising or shifting related to such event;
(3) Mine subsidence, meaning subsidence
of a man-made mine, whether or not
mining activity has ceased;
(4) Earth sinking (other than sinkhole
collapse), rising or shifting including soil
conditions which cause settling,
cracking or other disarrangement of
foundations or other parts of realty. Soil
conditions include contraction,
expansion, freezing, thawing, erosion,
improperly compacted soil and the
action of water under the ground
surface.
But if Earth Movement, as described in
b.(1) through (4) above, results in fire or
explosion, we will pay for the loss or
damage caused by that fire or explosion.
(5) Volcanic eruption, explosion or effusion.
But if volcanic eruption, explosion or
effusion results in fire, building glass
breakage or Volcanic Action, we will pay
for the loss or damage caused by that
fire, building glass breakage or Volcanic
Action.
Volcanic Action means direct loss or
damage resulting from the eruption of a
volcano when the loss or damage is
caused by:
(a) Airborne volcanic blast or airborne
shock waves;
(b) Ash, dust or particulate matter; or
(c) Lava flow.
With respect to coverage for Volcanic
Action as set forth in (5)(a), (5)(b) and
(5)(c), all volcanic eruptions that occur
within any 168-hour period will constitute
a single occurrence.
Volcanic Action does not include the
cost to remove ash, dust or particulate
matter that does not cause direct
physical loss or damage to the
described property.
This exclusion applies regardless of
whether any of the above, in Paragraphs
(1) through (5), is caused by an act of
nature or is otherwise caused.
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© Insurance Services Office, Inc., 2016
CP 10 30 09 17
c. Governmental Action
Seizure or destruction of property by order
of governmental authority.
But we will pay for loss or damage caused
by or resulting from acts of destruction
ordered by governmental authority and
taken at the time of a fire to prevent its
spread, if the fire would be covered under
this Coverage Part.
d. Nuclear Hazard
Nuclear reaction or radiation, or radioactive
contamination, however caused.
But if nuclear reaction or radiation, or
radioactive contamination, results in fire, we
will pay for the loss or damage caused by
that fire.
e. Utility Services
The failure of power, communication, water
or other utility service supplied to the
described premises, however caused, if the
failure:
(1) Originates away from the described
premises; or
(2) Originates at the described premises,
but only if such failure involves
equipment used to supply the utility
service to the described premises from
a source away from the described
premises.
Failure of any utility service includes lack of
sufficient capacity and reduction in supply.
Loss or damage caused by a surge of
power is also excluded, if the surge would
not have occurred but for an event causing
a failure of power.
But if the failure or surge of power, or the
failure of communication, water or other
utility service, results in a Covered Cause of
Loss, we will pay for the loss or damage
caused by that Covered Cause of Loss.
Communication services include but are not
limited to service relating to Internet access
or access to any electronic, cellular or
satellite network.
f. War And Military Action
(1) War, including undeclared or civil war;
(2) Warlike action by a military force,
including action in hindering or
defending against an actual or expected
attack, by any government, sovereign or
other authority using military personnel
or other agents; or
(3) Insurrection, rebellion, revolution,
usurped power, or action taken by
governmental authority in hindering or
defending against any of these.
g. Water
(1) Flood, surface water, waves (including
tidal wave and tsunami), tides, tidal
water, overflow of any body of water, or
spray from any of these, all whether or
not driven by wind (including storm
surge);
(2) Mudslide or mudflow;
(3) Water that backs up or overflows or is
otherwise discharged from a sewer,
drain, sump, sump pump or related
equipment;
(4) Water under the ground surface
pressing on, or flowing or seeping
through:
(a) Foundations, walls, floors or paved
surfaces;
(b) Basements, whether paved or not; or
(c) Doors, windows or other openings;
or
(5) Waterborne material carried or
otherwise moved by any of the water
referred to in Paragraph (1), (3) or (4),
or material carried or otherwise moved
by mudslide or mudflow.
This exclusion applies regardless of
whether any of the above, in Paragraphs
(1) through (5), is caused by an act of
nature or is otherwise caused. An example
of a situation to which this exclusion applies
is the situation where a dam, levee, seawall
or other boundary or containment system
fails in whole or in part, for any reason, to
contain the water.
CP 10 30 09 17
© Insurance Services Office, Inc., 2016
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But if any of the above, in Paragraphs (1)
through (5), results in fire, explosion or
sprinkler leakage, we will pay for the loss or
damage caused by that fire, explosion or
sprinkler leakage (if sprinkler leakage is a
Covered Cause of Loss).
h. "Fungus", Wet Rot, Dry Rot And
Bacteria
Presence, growth, proliferation, spread or
any activity of "fungus", wet or dry rot or
bacteria.
But if "fungus", wet or dry rot or bacteria
result in a "specified cause of loss", we will
pay for the loss or damage caused by that
"specified cause of loss".
This exclusion does not apply:
(1) When "fungus", wet or dry rot or bacteria
result from fire or lightning; or
(2) To the extent that coverage is provided
in the Additional Coverage, Limited
Coverage For "Fungus", Wet Rot, Dry
Rot And Bacteria, with respect to loss or
damage by a cause of loss other than
fire or lightning.
Exclusions B.1.a. through B.1.h. apply whether
or not the loss event results in widespread
damage or affects a substantial area.
2. We will not pay for loss or damage caused by
or resulting from any of the following:
a. Artificially generated electrical, magnetic or
electromagnetic energy that damages,
disturbs, disrupts or otherwise interferes
with any:
(1) Electrical or electronic wire, device,
appliance, system or network; or
(2) Device, appliance, system or network
utilizing cellular or satellite technology.
For the purpose of this exclusion, electrical,
magnetic or electromagnetic energy
includes but is not limited to:
(a) Electrical current, including arcing;
(b) Electrical charge produced or
conducted by a magnetic or
electromagnetic field;
(c) Pulse of electromagnetic energy; or
(d) Electromagnetic waves or
microwaves.
But if fire results, we will pay for the loss or
damage caused by that fire.
b. Delay, loss of use or loss of market.
c. Smoke, vapor or gas from agricultural
smudging or industrial operations.
d.(1) Wear and tear;
(2) Rust or other corrosion, decay,
deterioration, hidden or latent defect or
any quality in property that causes it to
damage or destroy itself;
(3) Smog;
(4) Settling, cracking, shrinking or
expansion;
(5) Nesting or infestation, or discharge or
release of waste products or secretions,
by insects, birds, rodents or other
animals.
(6) Mechanical breakdown, including
rupture or bursting caused by centrifugal
force. But if mechanical breakdown
results in elevator collision, we will pay
for the loss or damage caused by that
elevator collision.
(7) The following causes of loss to personal
property:
(a) Dampness or dryness of
atmosphere;
(b) Changes in or extremes of
temperature; or
(c) Marring or scratching.
But if an excluded cause of loss that is
listed in 2.d.(1) through (7) results in a
"specified cause of loss" or building glass
breakage, we will pay for the loss or
damage caused by that "specified cause of
loss" or building glass breakage.
e. Explosion of steam boilers, steam pipes,
steam engines or steam turbines owned or
leased by you, or operated under your
control. But if explosion of steam boilers,
steam pipes, steam engines or steam
turbines results in fire or combustion
explosion, we will pay for the loss or
damage caused by that fire or combustion
explosion. We will also pay for loss or
damage caused by or resulting from the
explosion of gases or fuel within the furnace
of any fired vessel or within the flues or
passages through which the gases of
combustion pass.
f. Continuous or repeated seepage or
leakage of water, or the presence or
condensation of humidity, moisture or
vapor, that occurs over a period of 14 days
or more.
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© Insurance Services Office, Inc., 2016
CP 10 30 09 17
g. Water, other liquids, powder or molten
material that leaks or flows from plumbing,
heating, air conditioning or other equipment
(except fire protective systems) caused by
or resulting from freezing, unless:
(1) You do your best to maintain heat in the
building or structure; or
(2) You drain the equipment and shut off
the supply if the heat is not maintained.
h. Dishonest or criminal act (including theft) by
you, any of your partners, members,
officers, managers, employees (including
temporary employees and leased workers),
directors, trustees or authorized
representatives, whether acting alone or in
collusion with each other or with any other
party; or theft by any person to whom you
entrust the property for any purpose,
whether acting alone or in collusion with
any other party.
This exclusion:
(1) Applies whether or not an act occurs
during your normal hours of operation;
(2) Does not apply to acts of destruction by
your employees (including temporary
employees and leased workers) or
authorized representatives; but theft by
your employees (including temporary
employees and leased workers) or
authorized representatives is not
covered.
i. Voluntary parting with any property by you
or anyone else to whom you have entrusted
the property if induced to do so by any
fraudulent scheme, trick, device or false
pretense.
j. Rain, snow, ice or sleet to personal
property in the open.
k. Collapse, including any of the following
conditions of property or any part of the
property:
(1) An abrupt falling down or caving in;
(2) Loss of structural integrity, including
separation of parts of the property or
property in danger of falling down or
caving in; or
(3) Any cracking, bulging, sagging, bending,
leaning, settling, shrinkage or expansion
as such condition relates to (1) or (2)
above.
But if collapse results in a Covered Cause
of Loss at the described premises, we will
pay for the loss or damage caused by that
Covered Cause of Loss.
This exclusion, k., does not apply:
(a) To the extent that coverage is
provided under the Additional
Coverage, Collapse; or
(b) To collapse caused by one or more
of the following:
(i) The "specified causes of loss";
(ii) Breakage of building glass;
(iii) Weight of rain that collects on a
roof; or
(iv) Weight of people or personal
property.
l. Discharge, dispersal, seepage, migration,
release or escape of "pollutants" unless the
discharge, dispersal, seepage, migration,
release or escape is itself caused by any of
the "specified causes of loss". But if the
discharge, dispersal, seepage, migration,
release or escape of "pollutants" results in a
"specified cause of loss", we will pay for the
loss or damage caused by that "specified
cause of loss".
This exclusion, I., does not apply to
damage to glass caused by chemicals
applied to the glass.
m. Neglect of an insured to use all reasonable
means to save and preserve property from
further damage at and after the time of loss.
3. We will not pay for loss or damage caused by
or resulting from any of the following, 3.a.
through 3.c. But if an excluded cause of loss
that is listed in 3.a. through 3.c. results in a
Covered Cause of Loss, we will pay for the
loss or damage caused by that Covered Cause
of Loss.
a. Weather conditions. But this exclusion only
applies if weather conditions contribute in
any way with a cause or event excluded in
Paragraph 1. above to produce the loss or
damage.
b. Acts or decisions, including the failure to act
or decide, of any person, group,
organization or governmental body.
c. Faulty, inadequate or defective:
(1) Planning, zoning, development,
surveying, siting;
(2) Design, specifications, workmanship,
repair, construction, renovation,
remodeling, grading, compaction;
(3) Materials used in repair, construction,
renovation or remodeling; or
(4) Maintenance;
CP 10 30 09 17
© Insurance Services Office, Inc., 2016
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of part or all of any property on or off the
described premises.
4. Special Exclusions
The following provisions apply only to the
specified Coverage Forms:
a. Business Income (And Extra Expense)
Coverage Form, Business Income
(Without Extra Expense) Coverage Form,
Or Extra Expense Coverage Form
We will not pay for:
(1) Any loss caused by or resulting from:
(a) Damage or destruction of "finished
stock"; or
(b) The time required to reproduce
"finished stock".
This exclusion does not apply to Extra
Expense.
(2) Any loss caused by or resulting from
direct physical loss or damage to radio
or television antennas (including satellite
dishes) and their lead-in wiring, masts or
towers.
(3) Any increase of loss caused by or
resulting from:
(a) Delay in rebuilding, repairing or
replacing the property or resuming
"operations", due to interference at
the location of the rebuilding, repair
or replacement by strikers or other
persons; or
(b) Suspension, lapse or cancellation of
any license, lease or contract. But if
the suspension, lapse or cancellation
is directly caused by the
"suspension" of "operations", we will
cover such loss that affects your
Business Income during the "period
of restoration" and any extension of
the "period of restoration" in
accordance with the terms of the
Extended Business Income
Additional Coverage and the
Extended Period Of Indemnity
Optional Coverage or any variation
of these.
(4) Any Extra Expense caused by or
resulting from suspension, lapse or
cancellation of any license, lease or
contract beyond the "period of
restoration".
(5) Any other consequential loss.
b. Leasehold Interest Coverage Form
(1) Paragraph B.1.a., Ordinance Or Law,
does not apply to insurance under this
Coverage Form.
(2) We will not pay for any loss caused by:
(a) Your cancelling the lease;
(b) The suspension, lapse or
cancellation of any license; or
(c) Any other consequential loss.
c. Legal Liability Coverage Form
(1) The following exclusions do not apply to
insurance under this Coverage Form:
(a) Paragraph B.1.a. Ordinance Or Law;
(b) Paragraph B.1.c. Governmental
Action;
(c) Paragraph B.1.d. Nuclear Hazard;
(d) Paragraph B.1.e. Utility Services;
and
(e) Paragraph B.1.f. War And Military
Action.
(2) The following additional exclusions
apply to insurance under this Coverage
Form:
(a) Contractual Liability
We will not defend any claim or
"suit", or pay damages that you are
legally liable to pay, solely by reason
of your assumption of liability in a
contract or agreement. But this
exclusion does not apply to a written
lease agreement in which you have
assumed liability for building damage
resulting from an actual or attempted
burglary or robbery, provided that:
(i) Your assumption of liability was
executed prior to the accident;
and
(ii) The building is Covered Property
under this Coverage Form.
(b) Nuclear Hazard
We will not defend any claim or
"suit", or pay any damages, loss,
expense or obligation, resulting from
nuclear reaction or radiation, or
radioactive contamination, however
caused.
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© Insurance Services Office, Inc., 2016
CP 10 30 09 17
5. Additional Exclusion
The following provisions apply only to the
specified property:
Loss Or Damage To Products
We will not pay for loss or damage to any
merchandise, goods or other product caused
by or resulting from error or omission by any
person or entity (including those having
possession under an arrangement where work
or a portion of the work is outsourced) in any
stage of the development, production or use of
the product, including planning, testing,
processing, packaging, installation,
maintenance or repair. This exclusion applies
to any effect that compromises the form,
substance or quality of the product. But if such
error or omission results in a Covered Cause of
Loss, we will pay for the loss or damage
caused by that Covered Cause of Loss.
C. Limitations
The following limitations apply to all policy forms
and endorsements, unless otherwise stated:
1. We will not pay for loss of or damage to
property, as described and limited in this
section. In addition, we will not pay for any loss
that is a consequence of loss or damage as
described and limited in this section.
a. Steam boilers, steam pipes, steam engines
or steam turbines caused by or resulting
from any condition or event inside such
equipment. But we will pay for loss of or
damage to such equipment caused by or
resulting from an explosion of gases or fuel
within the furnace of any fired vessel or
within the flues or passages through which
the gases of combustion pass.
b. Hot water boilers or other water heating
equipment caused by or resulting from any
condition or event inside such boilers or
equipment, other than an explosion.
c. The interior of any building or structure, or
to personal property in the building or
structure, caused by or resulting from rain,
snow, sleet, ice, sand or dust, whether
driven by wind or not, unless:
(1) The building or structure first sustains
damage by a Covered Cause of Loss to
its roof or walls through which the rain,
snow, sleet, ice, sand or dust enters; or
(2) The loss or damage is caused by or
results from thawing of snow, sleet or
ice on the building or structure.
d. Building materials and supplies not
attached as part of the building or structure,
caused by or resulting from theft.
However, this limitation does not apply to:
(1) Building materials and supplies held for
sale by you, unless they are insured
under the Builders Risk Coverage Form;
or
(2) Business Income Coverage or Extra
Expense Coverage.
e. Property that is missing, where the only
evidence of the loss or damage is a
shortage disclosed on taking inventory, or
other instances where there is no physical
evidence to show what happened to the
property.
f. Property that has been transferred to a
person or to a place outside the described
premises on the basis of unauthorized
instructions.
g. Lawns, trees, shrubs or plants which are
part of a vegetated roof, caused by or
resulting from:
(1) Dampness or dryness of atmosphere or
of soil supporting the vegetation;
(2) Changes in or extremes of temperature;
(3) Disease;
(4) Frost or hail; or
(5) Rain, snow, ice or sleet.
2. We will not pay for loss of or damage to the
following types of property unless caused by
the "specified causes of loss" or building glass
breakage:
a. Animals, and then only if they are killed or
their destruction is made necessary.
b. Fragile articles such as statuary, marbles,
chinaware and porcelains, if broken. This
restriction does not apply to:
(1) Glass; or
(2) Containers of property held for sale.
c. Builders' machinery, tools and equipment
owned by you or entrusted to you, provided
such property is Covered Property.
However, this limitation does not apply:
(1) If the property is located on or within
100 feet of the described premises,
unless the premises is insured under the
Builders Risk Coverage Form; or
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© Insurance Services Office, Inc., 2016
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(2) To Business Income Coverage or to
Extra Expense Coverage.
3. The special limit shown for each category, a.
through d., is the total limit for loss of or
damage to all property in that category. The
special limit applies to any one occurrence of
theft, regardless of the types or number of
articles that are lost or damaged in that
occurrence. The special limits are (unless a
higher limit is shown in the Declarations):
a. $2,500 for furs, fur garments and garments
trimmed with fur.
b. $2,500 for jewelry, watches, watch
movements, jewels, pearls, precious and
semiprecious stones, bullion, gold, silver,
platinum and other precious alloys or
metals. This limit does not apply to jewelry
and watches worth $100 or less per item.
c. $2,500 for patterns, dies, molds and forms.
d. $250 for stamps, tickets, including lottery
tickets held for sale, and letters of credit.
These special limits are part of, not in addition
to, the Limit of Insurance applicable to the
Covered Property.
This limitation, C.3., does not apply to
Business Income Coverage or to Extra
Expense Coverage.
4. We will not pay the cost to repair any defect to
a system or appliance from which water, other
liquid, powder or molten material escapes. But
we will pay the cost to repair or replace
damaged parts of fire-extinguishing equipment
if the damage:
a. Results in discharge of any substance from
an automatic fire protection system; or
b. Is directly caused by freezing.
However, this limitation does not apply to
Business Income Coverage or to Extra
Expense Coverage.
D. Additional Coverage Collapse
The coverage provided under this Additional
Coverage, Collapse, applies only to an abrupt
collapse as described and limited in D.1. through
D.7.
1. For the purpose of this Additional Coverage,
Collapse, abrupt 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.
2. We will pay for direct physical loss or damage
to Covered Property, caused by abrupt
collapse of a building or any part of a building
that is insured under this Coverage Form or
that contains Covered Property insured under
this Coverage Form, if such collapse is caused
by one or more of the following:
a. Building decay that is hidden from view,
unless the presence of such decay is
known to an insured prior to collapse;
b. Insect or vermin damage that is hidden
from view, unless the presence of such
damage is known to an insured prior to
collapse;
c. Use of defective material or methods in
construction, remodeling or renovation if the
abrupt collapse occurs during the course of
the construction, remodeling or renovation.
d. Use of defective material or methods in
construction, remodeling or renovation if the
abrupt collapse occurs after the
construction, remodeling or renovation is
complete, but only if the collapse is caused
in part by:
(1) A cause of loss listed in 2.a. or 2.b.;
(2) One or more of the "specified causes of
loss";
(3) Breakage of building glass;
(4) Weight of people or personal property;
or
(5) Weight of rain that collects on a roof.
3. This Additional Coverage Collapse does
not apply to:
a. A building or any part of a building that is in
danger of falling down or caving in;
b. A part of a building that is standing, even if
it has separated from another part of the
building; or
c. A building that is standing or any part of a
building that is standing, even if it shows
evidence of cracking, bulging, sagging,
bending, leaning, settling, shrinkage or
expansion.
4. With respect to the following property:
a. Outdoor radio or television antennas
(including satellite dishes) and their lead-in
wiring, masts or towers;
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CP 10 30 09 17
b. Awnings, gutters and downspouts;
c. Yard fixtures;
d. Outdoor swimming pools;
e. Fences;
f. Piers, wharves and docks;
g. Beach or diving platforms or
appurtenances;
h. Retaining walls; and
i. Walks, roadways and other paved surfaces;
if an abrupt collapse is caused by a cause of
loss listed in 2.a. through 2.d., we will pay for
loss or damage to that property only if:
(1) Such loss or damage is a direct result of
the abrupt collapse of a building insured
under this Coverage Form; and
(2) The property is Covered Property under
this Coverage Form.
5. If personal property abruptly falls down or
caves in and such collapse is not the result of
abrupt collapse of a building, we will pay for
loss or damage to Covered Property caused by
such collapse of personal property only if:
a. The collapse of personal property was
caused by a cause of loss listed in 2.a.
through 2.d.;
b. The personal property which collapses is
inside a building; and
c. The property which collapses is not of a
kind listed in 4., regardless of whether that
kind of property is considered to be
personal property or real property.
The coverage stated in this Paragraph 5. does
not apply to personal property if marring and/or
scratching is the only damage to that personal
property caused by the collapse.
6. This Additional Coverage, Collapse, does not
apply to personal property that has not abruptly
fallen down or caved in, even if the personal
property shows evidence of cracking, bulging,
sagging, bending, leaning, settling, shrinkage
or expansion.
7. This Additional Coverage, Collapse, will not
increase the Limits of Insurance provided in
this Coverage Part.
8. The term Covered Cause of Loss includes the
Additional Coverage, Collapse, as described
and limited in D.1. through D.7.
E. Additional Coverage Limited Coverage For
"Fungus", Wet Rot, Dry Rot And Bacteria
1. The coverage described in E.2. and E.6. only
applies when the "fungus", wet or dry rot or
bacteria are the result of one or more of the
following causes that occur during the policy
period and only if all reasonable means were
used to save and preserve the property from
further damage at the time of and after that
occurrence:
a. A "specified cause of loss" other than fire or
lightning; or
b. Flood, if the Flood Coverage Endorsement
applies to the affected premises.
This Additional Coverage does not apply to
lawns, trees, shrubs or plants which are part of
a vegetated roof.
2. We will pay for loss or damage by "fungus",
wet or dry rot or bacteria. As used in this
Limited Coverage, the term loss or damage
means:
a. Direct physical loss or damage to Covered
Property caused by "fungus", wet or dry rot
or bacteria, including the cost of removal of
the "fungus", wet or dry rot or bacteria;
b. The cost to tear out and replace any part of
the building or other property as needed to
gain access to the "fungus", wet or dry rot
or bacteria; and
c. The cost of testing performed after removal,
repair, replacement or restoration of the
damaged property is completed, provided
there is a reason to believe that "fungus",
wet or dry rot or bacteria are present.
3. The coverage described under E.2. of this
Limited Coverage is limited to $15,000.
Regardless of the number of claims, this limit is
the most we will pay for the total of all loss or
damage arising out of all occurrences of
"specified causes of loss" (other than fire or
lightning) and Flood which take place in a 12-
month period (starting with the beginning of the
present annual policy period). With respect to a
particular occurrence of loss which results in
"fungus", wet or dry rot or bacteria, we will not
pay more than a total of $15,000 even if the
"fungus", wet or dry rot or bacteria continue to
be present or active, or recur, in a later policy
period.
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4. The coverage provided under this Limited
Coverage does not increase the applicable
Limit of Insurance on any Covered Property. If
a particular occurrence results in loss or
damage by "fungus", wet or dry rot or bacteria,
and other loss or damage, we will not pay
more, for the total of all loss or damage, than
the applicable Limit of Insurance on the
affected Covered Property.
If there is covered loss or damage to Covered
Property, not caused by "fungus", wet or dry rot
or bacteria, loss payment will not be limited by
the terms of this Limited Coverage, except to
the extent that "fungus", wet or dry rot or
bacteria cause an increase in the loss. Any
such increase in the loss will be subject to the
terms of this Limited Coverage.
5. The terms of this Limited Coverage do not
increase or reduce the coverage provided
under Paragraph F.2. (Water Damage, Other
Liquids, Powder Or Molten Material Damage)
of this Causes Of Loss form or under the
Additional Coverage, Collapse.
6. The following, 6.a. or 6.b., applies only if
Business Income and/or Extra Expense
Coverage applies to the described premises
and only if the "suspension" of "operations"
satisfies all terms and conditions of the
applicable Business Income and/or Extra
Expense Coverage Form:
a. If the loss which resulted in "fungus", wet or
dry rot or bacteria does not in itself
necessitate a "suspension" of "operations",
but such "suspension" is necessary due to
loss or damage to property caused by
"fungus", wet or dry rot or bacteria, then our
payment under Business Income and/or
Extra Expense is limited to the amount of
loss and/or expense sustained in a period
of not more than 30 days. The days need
not be consecutive.
b. If a covered "suspension" of "operations"
was caused by loss or damage other than
"fungus", wet or dry rot or bacteria but
remediation of "fungus", wet or dry rot or
bacteria prolongs the "period of restoration",
we will pay for loss and/or expense
sustained during the delay (regardless of
when such a delay occurs during the
"period of restoration"), but such coverage
is limited to 30 days. The days need not be
consecutive.
F. Additional Coverage Extensions
1. Property In Transit
This Extension applies only to your personal
property to which this form applies.
a. You may extend the insurance provided by
this Coverage Part to apply to your
personal property (other than property in
the care, custody or control of your
salespersons) in transit more than 100 feet
from the described premises. Property must
be in or on a motor vehicle you own, lease
or operate while between points in the
coverage territory.
b. Loss or damage must be caused by or
result from one of the following causes of
loss:
(1) Fire, lightning, explosion, windstorm or
hail, riot or civil commotion, or
vandalism.
(2) Vehicle collision, upset or overturn.
Collision means accidental contact of
your vehicle with another vehicle or
object. It does not mean your vehicle's
contact with the roadbed.
(3) Theft of an entire bale, case or package
by forced entry into a securely locked
body or compartment of the vehicle.
There must be visible marks of the
forced entry.
c. The most we will pay for loss or damage
under this Extension is $5,000.
This Coverage Extension is additional
insurance. The Additional Condition,
Coinsurance, does not apply to this Extension.
2. Water Damage, Other Liquids, Powder Or
Molten Material Damage
If loss or damage caused by or resulting from
covered water or other liquid, powder or molten
material damage loss occurs, we will also pay
the cost to tear out and replace any part of the
building or structure to repair damage to the
system or appliance from which the water or
other substance escapes. This Coverage
Extension does not increase the Limit of
Insurance.
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© Insurance Services Office, Inc., 2016
CP 10 30 09 17
3. Glass
a. We will pay for expenses incurred to put up
temporary plates or board up openings if
repair or replacement of damaged glass is
delayed.
b. We will pay for expenses incurred to
remove or replace obstructions when
repairing or replacing glass that is part of a
building. This does not include removing or
replacing window displays.
This Coverage Extension F.3. does not
increase the Limit of Insurance.
G. Definitions
1. "Fungus" means any type or form of fungus,
including mold or mildew, and any mycotoxins,
spores, scents or by-products produced or
released by fungi.
2. "Specified causes of loss" means the following:
fire; lightning; explosion; windstorm or hail;
smoke; aircraft or vehicles; riot or civil
commotion; vandalism; leakage from fire-
extinguishing equipment; sinkhole collapse;
volcanic action; falling objects; weight of snow,
ice or sleet; water damage.
a. 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.
b. Falling objects does not include loss or
damage to:
(1) Personal 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.
c. Water damage means:
(1) Accidental discharge or leakage of
water or steam as the direct result of the
breaking apart or cracking of a
plumbing, heating, air conditioning or
other system or appliance (other than a
sump system including its related
equipment and parts), that is located on
the described premises and contains
water or steam; and
(2) Accidental discharge or leakage of
water or waterborne material as the
direct result of the breaking apart or
cracking of a water or sewer pipe
caused by wear and tear, when the pipe
is located off the described premises
and is connected to or is part of a
potable water supply system or sanitary
sewer system operated by a public or
private utility service provider pursuant
to authority granted by the state or
governmental subdivision where the
described premises are located.
But water damage does not include loss or
damage otherwise excluded under the
terms of the Water Exclusion. Therefore, for
example, there is no coverage under this
policy in the situation in which discharge or
leakage of water results from the breaking
apart or cracking of a pipe which was
caused by or related to weather-induced
flooding, even if wear and tear
contributed to the breakage or cracking. As
another example, and also in accordance
with the terms of the Water Exclusion, there
is no coverage for loss or damage caused
by or related to weather-induced flooding
which follows or is exacerbated by pipe
breakage or cracking attributable to wear
and tear.
To the extent that accidental discharge or
leakage of water falls within the criteria set
forth in c.(1) or c.(2) of this definition of
"specified causes of loss," such water is not
subject to the provisions of the Water
Exclusion which preclude coverage for
surface water or water under the surface of
the ground.