MSO BUSINESSOWNERS POLICIES ANALYSIS

(May 2026)

Part I–Property

   A. Main Property Coverages

   B. Supplemental Coverages

   C. Losses Insured

   D. Property Exclusions/Limitations

   E. Losses Not Insured

   F. Optional Coverages

   G. Special Part I Conditions

Part II–Liability

   A. Main Liability Coverages

   B. Supplemental Coverages

   C. Liability Not Insured

   D. Special Liability Conditions

Parts I and II

   Common Exclusions

   Common Glossary

   Common conditions

Compare: BU 04 01 to BU 04 02

INTRODUCTION

This article reviews the 05 23 edition of the Mutual Services Office (MSO) Businessowners Policy–BU 04 01, with changes from this edition highlighted in bold. Most updates are editorial and involve minor content changes. Changes from the 01 19 edition have been archived and are no longer highlighted in this analysis.

A named perils version of this form, BU 04 02–Named Perils–Businessowners Policy, is available. A comparison of the two policies is provided at the end of this article.

PART 1 A–MAIN PROPERTY COVERAGES

Coverage A–Buildings

Coverage A pertains to certain types of building property as described below. However, coverage only applies if a limit of insurance is specified on the declarations. This coverage is also subject to all applicable policy provisions. 

A.      Buildings owned by the named insured that are usual for their business operations are included. The business operations must be detailed on the declarations. Garages, storage, or other similar outdoor structures are also considered buildings, but only if they are related to the business operations.

Example: Paris Jones owns three buildings in an industrial park.

·         Two buildings are part of Periwinkle Pigs, Inc. It sells pig iron.

·         The third building is part of Paris Fun, Inc. It sells water slides.

The named insured is Paris Jones and Periwinkle Pigs, Inc.

The business is described as pig iron sales. In this case, only the two Periwinkle Pigs, Inc. buildings are covered, even if all buildings are listed on the declarations.

B.      Additions made while under construction or after completion. This includes alterations or repairs.

Additions under construction are covered on a primary basis only if no other insurance is available. If other insurance is available, this coverage becomes excess over other available insurance.

Example: Periwinkle Pigs is running out of space and has contracted with Able, LLC to build an addition to one of its existing buildings. The contract stipulates that Able must provide builders risk coverage for the addition. If there is a loss, Able's builders risk policy will be primary, with this policy providing excess coverage.

C.     Equipment, fixtures, and machinery permanently installed in any of the structures described in A. and B. above include examples like elevators and heating and air conditioning systems. However, coverage is not limited to just these items.

Example: Periwinkle installs heavy-duty rack storage units throughout its buildings. They are considered part of the building because they are permanent.

D.     Fences, lamps, flag poles, and other items considered outdoor yard fixtures.

E.      Any materials or supplies intended for altering, constructing, or repairing the property described above are insured. However, this coverage is excess if other insurance is available.

Theft coverage for this property is limited to the sub-limit if one is specified on the Declarations Supplement.

Example: Periwinkle intends to upgrade the rack storage systems across all three buildings. The materials have been delivered and are temporarily stored in the yard next to building #1. However, during a storm, strong straight-line winds pick up the material and destroy it.

Only the materials to be installed in the two Periwinkle Pigs, Inc. buildings are covered. The materials designated for the Paris Fun, Inc. building are not covered, despite being on Periwinkle Pigs, Inc. property.

Coverage B–Business Personal Property (BPP)

Coverage B pertains to specific types of BPP as outlined below. To qualify for coverage, the BPP must be located at the described premises, and a limit must be shown on the Declarations. This coverage is also subject to all applicable policy provisions. 

A.      BPP the named insured owns, and that is tangible, is covered, but only if it is typical for the insured’s business operations as listed on the Declarations.

B.      Includes tangible personal property owned by others and in the care, custody, or control of the named insured for business purposes. However, it does not cover losses already insured by others or for which the insured is not responsible. The limit shown in the Declarations Supplement applies to the insured’s customers' tangible personal property.

Example: Paris Periwinkle has the following property in building 1:

1.       Stock of owned pig iron

2.       Packing materials

3.       Forklifts

4.       Office furniture and supplies

5.       Water slides that belong to Paris Fun, Inc.

6.       Christmas decorations for Paris’ personal residence

Coverage B insures the first four items above. The last two items are not covered because they are not related to the named insured’s business operations.

C.     Tenants’ improvements and betterments made to the premises are covered, subject to all of the following:

·         The named insured is the tenant.

·         The named insured may not legally remove the items from the premises.

·         The items were acquired at the named insured’s expense, or the named insured installed them.

·         The named insured is responsible for repairing or replacing them.

·         The named insured’s rent does not include the cost of the improvements and betterments.

Coverage is limited to the remaining interest in improvements and betterments that meet these criteria.

NOTE: Use interest is based on the amount of time remaining on the named insured’s lease. Use interest is 100% on the day the lease is signed and 0% on the date the lease ends.

Example: Bliss and Sons rents retail space at Spencer Mall. Bliss invested $25,000 in improvements when it moved into the space, but it cannot remove them when it leaves. The lease term is five years. A fire destroys the store one year into the lease.

The most Bliss can collect for the loss is 4/5 (80%) X $25,000 or $20,000.

D.     When Coverage A. is not applicable to the policy, building glass is covered, but only if both of the following apply:

·         The glass is not part of a sign

·         The named insured is responsible to someone other than itself for the loss. The responsibility can have been assumed by contract or be required by law.

This is considered an extension of Coverage B, but it does not have a separate limit. Therefore, the applicable Coverage B limit applies.

Example: Kettle Crum is the only tenant in the Glenway Building and is responsible for all glass losses according to its lease. Vandals break all the windows on the main floor. As they departed, they set a fire on the staircase leading to the second floor. Firefighters broke out the second-floor windows to fight the fire. All glass damage is covered up to Kettle Crum’s Coverage B Limit.

Coverage C – Loss of Income Resulting From Direct Covered Loss

This coverage applies only to loss of income and related expenses the named insured sustains, as described in this section.

A. Coverage

1.      This coverage applies if the named insured’s business or operations are interrupted or if the described premises cannot be occupied. It covers the business income that would have been earned if the interruption described below had not occurred. Expenses related to the business income loss that are actually incurred are also covered.

a.      Loss of income is determined by adding the reduction of net profits to the operating expenses. Operating expenses are based on what is normal for the business and must continue even if a loss has occurred. Examples of continuing expenses include payroll, utilities, and rent.

It also includes lost income resulting from a covered loss that canceled or suspended an existing written agreement. The named insured must prove that it could have completed the agreement under its terms if the covered loss had not occurred.

Example: A fire sweeps through Sweet Things Bakery. Part of the loss of income claim is the loss of the contract with Prairie Days Outdoor Theater.

Scenario 1: The agreement was pending and had not been signed at the time of loss. Cancellation of this contract is not a loss of income.

Scenario 2: The agreement was in place, but Prairie Days told Sweet Things it could no longer accept its products due to quality issues. Cancellation of this contract is not loss of income.

Scenario 3: Prairie Days is devastated by Sweet Things’ loss but cancels the contract because it must deliver baked goods to its customers. This cancellation is treated as a loss of business income.

b.      A reduction in rental income from tenant occupancies at the described premises, where the named insured rents to others, along with any ongoing charges usually paid by tenants (as detailed in the lease) that then become the responsibility of the named insured due to the loss.

Example: Testing Grounds Industrial Park has four tenants. A fire damages Building 100 that Park Two occupies. Park Two’s lease states that it is released from all obligations to Testing Grounds and any utility companies in case of fire. As a result, Testing Grounds’ business income loss is the loss of rental income from Park Two plus the Park Two’s utility obligations. The utility obligations begin at the time of the direct damage loss.

c.      Extra expenses required for the named insured to maintain operations are covered, provided they are not typical company costs and are reasonable. Coverage is limited to expenses necessary for ongoing business operations.

There is no coverage for incurred expenses that could have been discontinued during the period when business operations were interrupted or when the premises could have been occupied by the tenant but were not.

Trigger Endorsement:

If BU 50 10 appears on the Declarations, paragraph A.1.a. above does not apply. This means that business income loss resulting from an interruption of operations is not covered. However, coverage continues to apply to loss of rental income under A.1.b. and to extra expense under A.1.c.

NOTE: Rather than attaching an additional document labeled BU 50 10, the endorsement language is integrated directly into the policy. This approach is specific to MSO policy design.

Related Article: MSO Businessowners Policies Trigger Endorsements

2.      For any resulting loss and expenses to be covered, a direct loss must first occur at a premises described on the policy. This loss must also result in a necessary interruption and/or damage that renders the premises inaccessible to the tenant, and it must stem from a loss covered by the policy.

Coverage also applies if a civil authority prohibits access to a described premises. This prohibition must originate from a loss at a local property not owned or occupied by the named insured. The loss must be caused by an event that would be covered under the policy, as if it affected the insured’s property. This coverage is limited to 14 consecutive days starting from the date of loss.

NOTE: The term 'local' is not defined, so it could refer to more than just the neighboring building, but how far could be a subject of discussion.

Example: The civil authority has closed Highway 267 to all traffic due to a nearby wildfire. Underwood’s, Inc., situated on Highway 267, is far from the wildfire but cannot carry out normal operations because neither staff nor customers are permitted on the road. The wildfire is nearly 10 miles away. Would this situation be classified as local?

3.      The named insured must take prompt action to minimize the loss of business income. These actions should be reasonable. They need not be extraordinary. The objective is to reduce the time during which operations are down or the premises are unavailable to tenants.

The policy provides examples of how this can be done: resume partial operations at the existing site or at a different location, or prioritize expeditious restoration of the damaged property. These are not requirements. They are only suggestions for quickly resuming operations.

How the named insured implements this requirement will affect the business income loss settlement.

Example: A tornado damages Gracie’s Cat House. No cats or humans are hurt, but Gracie is shaken and takes two weeks off to recover. During her absence, the property is unattended, and she is unreachable. She returns energized and ready to act but is surprised to learn that her insurance company has declined to cover her lost income for those two weeks.

B. Coverage Period

This is a time element coverage, so the amount paid depends on the duration of the loss. Payment is limited to the expenses incurred and the loss experienced during the shorter of the following time periods:

1.      The time required to restore the business or operations to their pre-loss levels of productivity and quality.

NOTE: This means if the service was poor and the offerings were fairly limited when the loss occurred, the coverage period ends when the business returns to that same standard.

2.      Restore, repair, or replace the damaged part of the property caused by the direct covered loss.

Example: Gleeful Tea Sippers suffers a significant loss. Repairs and restoration are expected to take at least six months. Betty, the owner, discovers that a competitor is going out of business. Gleeful can relocate to the competitor’s premises and reopen within two months. Betty’s loss of income coverage ends once she begins operations at the new location.

Most businesses that experience a loss cannot resume operations and reach full income potential immediately upon reopening. To address this, the insurance company provides an extra 30 consecutive days of coverage. This coverage is provided up until the named insured either recovers to their previous income level or until 30 days after operations resume, whichever comes first.

Example: Gleeful Tea Sippers sends notices to its former customers about the location change. Betty announces the grand reopening, which garners great press coverage. She is surprised and pleased to find her income after reopening is higher than expected, surpassing her pre-loss income just one week later. Her loss of income coverage ends at that point.

This 30-day coverage extension does not include the 14-day period if a civil authority prevents the named insured from occupying the property, as described in A.2. above.

The named insured may occupy a premises they do not own and do not control the repair, replacement, or restoration. In such cases, the policy covers the necessary time for these processes to occur or up to 90 days, whichever is shorter.

The policy expiration date does not affect the coverage period. However, coverage is limited to a maximum of 365 consecutive days starting from the first day of the covered loss.

Example: Meckington Coffee Shop is located on the first floor of a 50-story office building. A fire damages the first four floors, including all elevators. The fire must be investigated and the building thoroughly inspected before reconstruction can begin. The entire rebuilding process is expected to take 14 months. Since Meckington is the building's main coffee shop serving all tenants, it cannot move elsewhere. Unfortunately, Meckington’s coverage ends after 365 days, even though the building repairs are not finished.

C. Coverage Limitations

There is no coverage if any of the following prolong a covered loss of income or increase the amount of income lost:

1.      Lease or other agreement cancellation or suspension, except for those agreements explicitly outlined in A.1.a. above.

2.      Any loss to electronic data processing equipment, media, or software used by the named insured in their business or operations that exceeds 30 consecutive days.

3.      When strikers or others interfere with the repair or replacement of the property. Additionally, there is no coverage if they disrupt the insured's ability to resume operations at the described location.  

Example: We Sell Pets suffers a major loss but remains determined to rebuild. Animal advocates are equally determined to prevent the reopening.

Scenario 1: Every day, a large group of pet owners and their pets confronts the contractors hired to repair the building. Over time, the contractors refuse to cross the picket lines. The standoff lasts for weeks, but eventually, We Sell Pets reopens. It then files a claim for lost business income. The insurance company covers the full loss, except for the period of time when animal advocates halted repairs.

Scenario 2: A large group of pet owners and their pets demonstrate at the local zoning board meetings to prevent We Sell Pets from obtaining permits for reconstruction. The standoff continues for weeks, but ultimately, We Sell Pets secures its permits, completes the repairs, and reopens. It then files a claim for lost business income. The insurance company covers the full loss, including the time during which animal advocates delayed repairs, as their interference was not on the described premises.

D. Limits of Liability/Coverage

1.      When “included’ is specified on the Declarations for Coverage C, Loss of Business Income, or if no dollar amount is listed, there is no maximum dollar limit.

2.      When a dollar amount is specified on the Declarations for Coverage C, Loss of Business Income, the maximum paid in a single occurrence is the limit shown.

3.      If the words Deleted, Nil, N/A, Not Applicable, or a similar term appear on the Declarations for this coverage, all coverage under Coverage C is excluded.

Coverage D-Money and Securities–Expanded Coverage Extension

This coverage applies to money and securities the named insured uses in their business or operations, up to the limit specified on the Declarations. It is subject to the conditions outlined below and all relevant policy provisions.

A.     On Premises

Money and securities are covered while either within the premises described on the Declarations or within a bank. Coverage also extends if the money and securities are within a secure location similar to a bank.

NOTE: The key word is 'within.' Money and securities must be both on the described premises and located within that specific area. This indicates that money and securities outside of an owned structure or outside the tenant's occupied space are not considered on premises.

B.     Off Premises

Money and securities are covered while being carried. They can be carried by the named insured, its partners, an authorized officer, or an employee. Coverage extends to property in transit to or from the premises, as well as to any safe deposit or bank location.

If a stop is made at the residence of a person carrying the property, coverage applies during the stop. However, there is no coverage if that residence is the final destination. The term “employee” used in this coverage is expanded to include leased employees and temporary workers.

NOTE: Coverage applies when money and securities are in transit. However, a question arises about how long the property can remain in the residence and still be considered in transit. Additionally, does the person transporting the property always have to be present with it?

Example: Max intends to deposit the night deposit from his store into his bank account. On Friday night, he arrives at the bank but realizes he left the deposit bag at home. He plans to go Saturday morning, but he oversleeps and misses making the deposit, and the bank is closed on Sunday. While attending church on Sunday, a burglar breaks into his house and steals the deposit and other personal belongings. Does the Off Premises coverage for money and securities cover this loss?

C.    Deductible

The deductible for any single occurrence is $200, unless a different amount is specified on the Declarations or elsewhere in the policy.

D.    Condition

Coverage is only applicable when Expanded Coverage applies to Coverage B. However, if Coverage B is not included, it may still be available, provided BU 50 01 is listed as an endorsement on the Declarations.

Trigger Endorsement: BU 50 01 is a trigger endorsement.

NOTE: Rather than attaching an additional document labeled BU 50 01, the endorsement language is integrated directly into the policy. This approach is specific to MSO policy design.

Related Article: MSO Businessowners Policies Trigger Endorsements

PART 1 B–SUPPLEMENTAL COVERAGES

The following Supplemental Coverages do not alter or expand any policy provisions unless specifically stated. The limits shown are additional limits, unless that particular coverage indicates otherwise.

1. Accounts Receivable Coverage

This coverage applies only if Coverage B is provided.

·         Coverage applies when the named insured’s accounts receivable, credit card billings, or digital or cryptocurrency transactions experience a covered loss, and the amounts due, as documented by the named insured, cannot be collected. Up to the limit specified on the Declarations Supplement, the total of these uncollectible amounts will be paid. The basic limit provided per location is $10,000. This limit can be changed.

·         The increased collection expenses incurred due to the covered loss.

·         Any other reasonable and necessary expenses or costs incurred during the process of re-establishing accounts receivable records following a covered loss.

Two exclusions are introduced that apply only to this coverage:

A.      Loss that is due to any error or omission in accounting, billing, or bookkeeping

B.      Any loss when an audit or inventory is the only proof that it occurred. These can be used to substantiate a loss but cannot be the only proof.

This supplemental coverage is not subject to the deductible.

Example: Kendra reviews the month’s revenue and notices that March 24’s revenue is much lower than any Friday night in the past year. She also notes that there are no credit card receipts for that night. She realizes that they must have been lost. She searches but cannot find them and files a claim with her insurance company. The company denies the claim because there is no proof that a loss actually occurred other than her own audit.

The following do not apply to Accounts Receivable Coverage:

·         Part I D–Property Exclusions / Limitations

·         Part I E–Losses Not Insured

o   However, the following are not included in this exclusion:

§  8. Intentional Loss

§  14. A. Wear and Tear and Other Specified Causes of Loss Exclusions

·         Part I – Deductible (Part I G – Special Part I Conditions: 2. How Losses Are Settled – B. Deductible)

2. Automatic Increase in Policy Limits

A.     Coverage A

The building limits are automatically increased by the percentage specified on the Declarations. Since this increase is an annual percentage, it will be on a pro rata basis throughout the year.

B.     Coverage B

The limits for business personal property automatically increase by 10% during times when the named insured typically has more business personal property. Examples include holiday or seasonal sales, but other reasons for such increases are also possible.

To encourage insuring to value, business personal property limits are automatically increased by 30% during the specified period if the named insured maintains at least 100% of the average monthly values for the 12 months prior to the loss date.

Example: Milly carries a business personal property limit of $40,000. Her typical property values range from $25,000 to $30,000, but she stockpiles items every August for her big Milly’s Day Out sale.

Milly’s values are often up to $60,000 just before the sale and drop to less than $15,000 right after. A tornado destroys the building she occupies the day before the sale.

As part of the claim investigation, she submits reports of her inventory for the last 12 months, which average $30,000 per month. This means Milly qualifies for the 30% increase.

The limit available to pay for her loss is therefore $40,000 x 1.30 = $52,000.

3. Building Code / Law Coverage

A.      Coverage A is expanded to include loss or expenses listed in items 1, 2, and 3 below, which result directly from a covered loss at the described premises. The coverage limit is calculated by multiplying the Coverage A limit of insurance by the building code/law coverage factor shown in the Declarations. The basic factor provided is .10. However, this factor can be changed.

Example: Grady’s Drug Store’s insurance limit for Coverage A is $1,000,000, and the code/law coverage factor is .10. The building code/law coverage limit is $1,000,000 X .10 = $100,000.

This limit is the maximum amount paid for the total of the expenses described in items 1, 2, and 3 below.

The following items are covered only if they result from a covered loss that occurs on the described premises:

1.      Losses incurred due to the enforcement of building, land use, or zoning codes are covered only if those codes or regulations were in effect at the time of the loss and require or regulate the following:

·         demolition of the part of the property not damaged by a covered loss.  

·         how a building or structure must be repaired or constructed.

·         the types of building or land use occupancy permitted at the premises described.

2.      The increase in expenses the named insured incurs for rebuilding and repairs to meet current building, zoning, or land use codes, laws, or regulations in effect at the time of the loss. The rebuilt property should maintain the same occupancy type as the existing property unless regulations prohibit that occupancy.

3.      Expenses the named insured incurs to demolish undamaged portions of the building and to clear the site to comply with building, zoning, or land-use codes, laws, or regulations in force on the date of loss.

Coverage C – Part I A–Main Property Coverages – Coverage C – Loss of Income Resulting from Direct Covered Loss – B. Coverage Period is extended to include the time needed to comply with 3.A.1. above. However, the entire Coverage C time period remains limited to a maximum of 365 consecutive days that start with the date of loss.

Example: Grady’s Drug Store owns a 100-year-old building. It occupies the first floor and rents the two apartments on the second floor. A fire that starts in the kitchen of one of the apartments damages 60% of the building. Because more than 50% of the building was damaged, several regulations enacted over the past 100 years are enforced during the renovation. The additional expenses are as follows:  

  • The building, which is currently frame construction, must be replaced with a structure of at least masonry noncombustible material. The expenses for demolishing the remaining 40% of the building and removing its debris are covered.
  • The difference in cost to replace a frame building with a noncombustible masonry building is covered.
  • The building must be constructed in accordance with current Americans with Disabilities Act (ADA) accessibility guidelines. The increased costs to meet these requirements are covered.
  • Building a masonry noncombustible building that meets ADA requirements takes two months longer than constructing a frame building that doesn't. The resulting income loss is covered.

B.      This supplemental coverage has two specific payment limitations:

1.      No payment is made until the property is actually repaired or replaced, subject to Part I G – Special Conditions – item C of the How Losses are Settled Condition. The replacement can be at either the existing premises or another premises, if permitted or required by the policy. The insurance company must agree in writing that the property can be rebuilt at another premises.

2.      No payments will be made for any costs associated with pollutants, fungi, mold, lead, or asbestos, even if those costs are related to building codes or regulations. This includes no coverage for treatment, containment, monitoring, detoxification, removal, testing, cleanup, or neutralization of these contaminants.

C.     The most the insurance company will pay for items A.1. through A.3. above combined under this Supplemental Coverage is the cost of demolishing and clearing the site, plus the expense of replacing or rebuilding the property on the described premises. This is subject to the property limit shown on the Declarations and the Limits of Liability outlined in Part I G – Special Part I Conditions – A. How Losses are Settled.

NOTE: The cost to rebuild at the described premises requirement does not mean that the property must be rebuilt on the same site. It only means that payment will not exceed the cost of rebuilding at the same or another site.

Example: Grady’s Drug Store examines its options:

·         The cost to construct a frame building at the current location is $1,000,000.

·         It costs $1,500,000 to rebuild it to meet city regulations.

·         Grady has a $100,000 limit for building code/law coverage.

·         He can rebuild outside the city limits for only $1,050,000.

Grady has decided to proceed with the move. He will continue to receive additional coverage since he still needs to demolish the undamaged part of the building, clear the site, and ensure the new structure meets ADA standards. However, he is no longer required to construct a masonry, noncombustible building.

D.     This coverage applies only when the building or structure is insured on a replacement cost basis. No coverage is provided if it is insured with actual cash value.

4. Business Property Coverages

A.     Coverage A Extension

If Coverage B is not included in the policy, the following personal property are covered under Coverage A, but only if they are owned by the named insured.

1.      Property furnished by the insured, who is the landlord, within an apartment.

2.      Air conditioners, fire extinguishers, floor coverings, maintenance equipment, and similar property used to service or maintain the described premises. Appliances used for laundry, refrigeration, ventilation, cooking, or dishwashing are also included.

3.      Furniture used outdoors.  

Example: Jerry owns a building that combines commercial and residential spaces. The first floor contains three retail stores, while the second to fifth floors are residential units. His property values are as follows:

·         Building (without Coverage A Extension): $1,250,000

·         Coverage A Extensions: $250,000

·         The building rate is .50.

·         The premium is .50 X 1,500,000 = $7,500.

Jerry opens his own business in one of the retail store spaces and needs $50,000 in business personal property coverage. However, a problem occurs when he adds Coverage B to his building policy. The Coverage A Extension becomes Coverage B.

This means the pricing changes as follows:

·         Building: .50 X 1,250,000 = $6,250.

·         Coverage A Extension (now Coverage B): 1.25 X 250,000 = $3,125.

·         Coverage B (retail store): 1.25 X 50,000 = $625.

Jerry’s premium increases to $10,000 because he added Coverage B.

B.     Consequent Loss Coverage (Spoilage)

Property that spoils due to the consequence of a disruption of power, cooling, heating, or refrigeration service is covered under Coverage B – Business Personal Property, but only up to the limits shown on the Declarations Supplement. If there is no Coverage B, this coverage does not apply.

The only property covered is property located inside a building or structure on the described premises. The services disrupted must be due to one of the following:

1.      Loss of Utility Services

Loss of utility services to the described premises resulting from direct damage to the utility company's property, that would be covered by this policy.

2.      Mechanical Breakdown

This is a mechanical breakdown or sudden malfunction caused by an unexpected, accidental event. For instance, refrigerant leakage qualifies as faulty operation only if it is sudden and accidental; a slow leak would not be covered. The affected equipment must be located on the described premises and must supply cooling, refrigeration, electrical, or heating services to those premises.

This coverage applies only to losses beyond the named insured's control. This means losses caused by turning power on or off, by failure to connect units to power, by insufficient fuel, or by poor maintenance are not covered.

When a spoilage loss covered under this policy results from damage to equipment located on the described premises, it is not limited by the amount specified in the Supplemental Declarations. Instead, the loss is covered up to the Coverage B – Business Personal Property limit stated on the Declarations. The loss must result from a loss of power, cooling, heating, or refrigeration supplied to the equipment. 

Trigger Endorsement:

If endorsement BU 50 12 appears on the Declarations, Consequent Loss Coverage Supplemental Coverage does not apply.

NOTE: Rather than attaching an additional document labeled BU 50 12, the endorsement language is integrated directly into the policy. This approach is specific to MSO policy design.

Related Article: MSO Businessowners Policies Trigger Endorsements

C.    Off Premises Coverage

Personal property, including property described in Coverage A extension, as well as property covered under the definition, is protected against loss when outdoors, provided it is within 100 feet of the described premises.

Property located more than 100 feet away is covered under the following conditions:

Coverage A (Buildings)

The limit on the Declarations Supplement is the most paid if Coverage A property is located away from the described premises. Coverage applies only if the property is temporarily off-premises due to repair, maintenance, or service reasons. This is an extension of Coverage A, and the limit on the Declarations is a sub-limit of the Coverage A limit.

Example: George takes his air conditioning unit to the authorized service center for repairs. The Coverage A extension covers it while off-premises.

Coverage B (Business Personal Property)

The limit on the Declarations Supplement is the most paid if property that Coverage B insures is off the described premises, either in transit or at either of the following locations:

·         Any location, but only if temporary.

·         A rented storage unit.

When property is in transit, coverage is extended to include direct physical loss due to any of the following:

·         Vehicles derailing, colliding, or crashing

·         Vessels sinking or being stranded

·         Collapsing bridges, culverts, docks, or wharves

Example: George has both Coverage A and Coverage B. As a result, he does not have any Coverage A Extensions. He sends his air conditioning unit to the authorized service center for repair. Coverage B insures the unit while it is off premises and in transit. This means there is coverage if the ferry transporting it sinks.

D.    Personal Effects

This extension applies only to Coverage B – Business Personal Property. The default limit is $3,00 per location and cannot be changed. If Coverage B is not included in the policy, this additional coverage is not applicable.

This supplemental coverage insures against loss of the named insured's personal effects, including those of its directors, employees, volunteers, or officers. Coverage applies only if the qualified party claiming the loss owns the property and the personal effects were on the described premises at the time of the loss. The most paid in a single occurrence is the limit shown in the Declarations Supplement.

This coverage applies only if no other insurance is available to cover the loss.

Example: A windstorm damages Pleasant Valley Office Services. Peter, Jeff, Sally, and Greta each lose $500 worth of personal items from their offices. Peter and Jeff each have a $1,000 deductible on their homeowners policies, so they are eligible to collect under Pleasant Valley’s Personal Effects Extension. Sally has only a $250 deductible, so she does not receive any payment because there is insurance. Greta does not have homeowners coverage, so she can also collect.

E.     No Additional Amount of Coverage  

Each of the Business Property Coverages above are extensions and do not provide additional insurance amounts. Coverage 4.B. – Consequent Loss Coverage (Spoilage) above is excluded from this provision.

5. Collapse Coverage

A.      Coverage applies if a building or part of it collapses, as outlined in this supplemental coverage. The collapse must be a consequence of the following causes:

1.      A cause of loss outlined in Coverage B Basic Plus Coverage. This applies to both buildings and business personal property.

2.      Decay hidden and unknown to the insured before a collapse.

3.      Insect or vermin damage hidden and unknown to the insured before a collapse.

4.      The cumulative weight of people, equipment, animals, or contents.

5.      The weight of rain when it accumulates on a roof.

6.      Defective materials or methods used to construct, remodel, renovate, or repair the building or structure.

B.      There is a limitation on the types of property that items A.2. through A.6. above insure. Collapse coverage applies only to the following property when a building or a structural part of the building collapses, and that collapse causes the listed property to collapse:  

·         antennas

o   This includes towers, masts, and lead-in wiring.

·         awnings

·         beach or diving platforms

o   This includes equipment and structures that provide support to them.

·         wharves

·         decks

·         docks

·         piers

·         gutters and downspouts

·         fences

·         outdoor swimming pools.

o   There is no limitation on indoor pools.

·         any paved surface

o   This includes, but is not limited to:

·         retaining walls

·         yard fixtures

This coverage does not provide additional limits of insurance.

Example: The Donaldson Dairy Ice Cream Store collapses. The event causes the following damage:

·         The building is destroyed.

·         The cell phone antenna on the roof was destroyed when the building collapsed.

·         Falling debris shreds the gutters, downspouts, and awnings of the building owned next to the ice cream store.

·         Falling debris damages the privacy fence behind the store.

The investigation reveals that the collapse was caused by a carpenter ant infestation. The loss adjuster interviewed all insureds and confirmed that none of them knew about the ants.

Coverage applies to all property items listed.

6. Credit Card / Forgery / Counterfeit Money Coverage

A.      Coverage extends up to the limit shown in the Declarations Supplement. The basic limit provided is $2,500 per location, but it can be changed. Loss due to a financial loss resulting from any of the following is covered:   

1.      Legal obligations of the named insured regarding credit or fund transfer (debit) cards issued to it, for amounts required to be paid due to unauthorized use.

2.      Activity not authorized by the named insured but occurring in the insured’s name through online or electronic payment services or cryptocurrency or blockchain transactions.

3.      When checks, drafts, notes, or other negotiable instruments are forged or altered.

4.      Credit or debit card transactions accepted by the insured’s business that were fraudulent or disputed. This coverage is limited to the insured’s legal responsibility and does not include costs covered by a bank or covered by other insurance.

5.      When the insured accepts counterfeit paper money from the United States or Canada.

At the insurance company’s discretion, it will provide defense if a lawsuit is filed against the insured under points 1., 3., and 4. above, using its preferred legal counsel.

NOTE: The policy does not identify which party bears the cost of the defense or whether that defense is subject to the limit in the Declarations Supplement.

B.      There is no coverage for financial loss caused by:

1.      Any of the following while providing services or acting beyond the scope of service to the insured, whether alone or in collusion with others:

·         employees

·         trustees

·         directors

·         authorized representatives

2.      Any person entrusted with anything described in A.1. through A.5. above.

C.     Multiple acts by one person or involving one person as a suspect constitute a single occurrence.

Example: Presley is delighted when Katie accidentally leaves her wallet at the restaurant. He discreetly takes it and quickly departs to make several purchases. Katie is stunned when she reviews her online accounts; despite multiple transactions and banks, this is regarded as one incident.

D.     The deductible per occurrence for this coverage is $100, but it can be changed.

Example: Katie is subject to a single $100 deductible because Presley’s spending spree is considered a single occurrence.

7. Debris Removal Coverage

A.      This coverage pays for the necessary and reasonable costs to remove debris from a covered property loss. Items B. and C. below specify the amounts the insurance company will pay.

B.      The only costs covered are those incurred by the insured. However, some costs might not be covered because the coverage limits are capped in two ways:

·         The debris removal coverage payable is limited to the total covered loss amount multiplied by the Debris Removal factor specified on the Declarations Supplement.  

·         Debris removal is not additional insurance. This means the sum of the covered loss and the incurred debris removal expense cannot exceed the limit of insurance.

Example: The General Store sustained a $125,000 covered property damage loss with $40,000 in debris removal expense. 

The limit of insurance is $150,000, and the debris removal factor on the Declarations Supplement is .25.

The maximum amount paid for debris removal is as follows:

·         $125,000 X .25 = $31,250 (This must then be compared to the limit of insurance.)

·         $125,000 for covered property damage + $40,000 for debris removal = $165,000 total loss amount  

·         $150,000 limit of insurance - $125,000 covered damage = $25,000

After covering the property damage costs, only $25,00 of the total limit remains for debris removal expenses. The General Store is responsible for the additional $15,000 needed to cover the debris removal costs. 

C.     There is additional coverage available due to the shortfall in B. above. This special limit is listed on the Declarations Supplement. The applicable limit is whichever of the following provides the least amount of coverage:

1.      The costs for debris removal surpass the amount of coverage available, as calculated in paragraph 7.B. above.

2.      The total expenses for debris removal and any other payments the insurance company owes for the covered physical loss exceed the maximum liability limit for that loss.

Example: The Special Limit for Debris Removal is $10,000.

Using the General Store scenario above:

·         The maximum limit available under the first item is $31,250 + $10,000 = $41,250

·         The maximum limit available under the second item is $150,000 + $10,000 = $160,000

$160,000 - $125,000 = $35,000  

Since $35,000 is the lowest calculated amount, it is used to cover the debris removal expense. While this still leaves the insured with $5,000 out of pocket to remove the debris, it provides an additional $10,000 in coverage.  

D.     Not all debris removal expenses are covered. This supplemental coverage does not cover the following:

1.      The expense associated with removing tree debris or any of its parts.

2.      The cost of removing pollutants, whether on land or in water, and regardless of property coverage. Expenses associated with the safe disposal of pollutants, when required by law or regulation, are also not covered.

3.      The expense to remove, replace, or restore land or water because it is polluted or considered a pollutant. Expenses associated with the safe disposal of pollutants, when required by law or regulation, are also not covered.

4.      Costs associated with removing volcanic ash, dust, or particulate matter are not covered if they do not damage any covered property. However, if removal is required because the ash, dust, or particulate matter causes property damage, the cost of removal is covered.

Example: A dormant volcano near the Windermere Apartments suddenly erupts, spewing ash throughout the area. The ash lands on the apartment complex's roof, causing it to collapse. The cost to clean up the ash from the roof is considered a covered debris removal expense. Meanwhile, ash also coats the Stormy Hill Barber Shop, but since no damage occurred, the ash removal cost for the shop is not covered.

E.      This coverage is limited in time and only covers expenses reported to the insurance company within 180 days of the date of a covered direct physical loss.

F.    Apart from 7.C. above, this coverage extension does not provide additional coverage. This means coverage is within the coverage limit.

8. Electronic Data Coverage

This coverage is subject to an annual aggregate limit. Annual aggregate means that once the limit is exhausted, coverage ceases for the remainder of the coverage term.    

A.      Coverage applies to expenses the named insured incurs to restore or replace electronic data that has been destroyed or corrupted. The data loss must result from a covered direct physical loss. Coverage is available up to the limit specified on the Declarations Supplement.

B.      Part 1 E–Losses Not Insured, Exclusion 2. Computer Hacking and Computer Virus Exclusion does not apply to this coverage. However, an important exception does apply: there is no coverage if an employee or a party the named insured hires to work on the computer or computer system manipulates the computer, its system, or data in a way that causes a loss.

C.     The special limit on the Declarations Supplement is the total amount the insurance company will pay for each annual or 12-month policy period. This is not a cumulative limit. Additionally, a loss can start in one year and extend into the next. In such cases, only the limit in effect at the time the loss begins will be applicable.

Example: Viola’s Violins policy term is 01/01/2025 to 01/01/2026. In December 2025, Viola detects an issue with her electronic data but attempts to bypass it to manage the Christmas season. Later, she enlists her son to inspect the entire system, and he discovers it is severely compromised.

Viola must replace the hard drive and spend considerable time and effort to recover her data. She files two claims with her insurance company.

·         The first claim is for the policy year 01/01/2025 to 01/01/2026.

·         The second claim is for the policy year 01/01/2026 to 01/01/27 because the damage occurred in both years.

The insurance company investigates and informs Viola that it will only pay $10,000 for the 01/01/2025 to 01/01/2026 policy year.

Further investigation reveals that a former employee introduced a virus into the system on the day Viola fired him, out of anger. The insurance company then denied all coverage because he was still considered an employee when he corrupted the system.

9. Emergency Removal Coverage

If the named insured knows that their property faces imminent danger from a covered cause of loss and takes steps to remove it from the threat, this coverage applies. The property removed remains covered against all causes of loss, regardless of location, for up to 30 consecutive days from the date of loss.

The following provisions do not apply to this supplemental coverage:

·         Part 1 E – Losses Not Insured

·         Part I B – Supplemental Coverages, 4. Business Property Coverages, C. – Off-Premises Coverage  

This is not additional insurance because the property is already covered and would have been lost to a covered cause of loss had the named insured not taken the prudent steps to remove it.

Example: A wildfire is heading towards town. Ridley quickly loads as much of his inventory as possible into his van and drives away to escape the flames. His goal is to beat the evacuation order and protect his property. Near his destination, an emergency vehicle clips the van, causing it to crash into a creek. Ridley escapes unharmed, but all his belongings are destroyed. Fortunately, the entire loss is fully covered without any limitations.

10. Employee Dishonesty Coverage

A.      Coverage applies when an employee's dishonest act causes a loss to the named insured’s money, securities, or other business personal property. Coverage applies whether the employee acts alone or in collusion with others. The limit on the Declarations Supplement is an occurrence limit, and all acts related to one another are treated as a single occurrence.

B.      The limit for this coverage is not cumulative. Losses discovered during the current policy year and up to 12 months after the policy expires are covered. Coverage also applies if the loss is discovered within 12 months after the previous policy expired, but only if that policy will not cover the loss.

Since limits are not cumulative, only one limit applies to losses spanning two or more years, regardless of the number of acts, years, or policy terms involved.

Related Court Case: Embezzlement over Five-Year Period Was a Series of Acts: Per Occurrence Limit Applied

Example: Billy, the loyal butcher, worked at Mel’s Meats for 15 years. Unbeknownst to Mel, Billy ran a side business supplying his brother’s restaurant with special cuts of meat. One day, Mel’s son witnessed a delivery and confronted Billy. Billy confessed to stealing from Mel for years. The total loss of $100,000 could be covered if the limits were cumulative, but the payment is limited to $5,000 as shown on the Declarations Supplement.

C.     This supplemental coverage requires physical evidence of a loss. It does not cover cases where the only sign of a loss is an inventory shortage or discrepancies in a profit and loss statement. However, while these cannot be the only evidence, inventories and profit and loss statements can support the existence of a loss.

D.     If the named insured, a director, officer, partner, or trustee, knows before coverage begins that an employee has engaged in dishonest or fraudulent conduct, there is no coverage for any losses caused by that employee.

E.      If the named insured, a director, officer, partner, or trustee, learns an employee has committed a dishonest or fraudulent act, coverage for that employee becomes void as soon as any of these individuals becomes aware of the act. This applies even if a claim is not reported to the insurance company.

F.      The deductible for this coverage is $200 per occurrence, but it can be changed.

11. Fire Expense Coverages

The Part I G – Special Part I Conditions: 2. How Losses Are Settled – B. Deductible does not apply to A. or B. of this supplemental coverage. 

A.     Fire Department Service Charges

Coverage is provided if the named insured is contractually required to pay service charges to a fire department. The most paid is the limit specified on the Declarations Supplement. This coverage applies only if all of the following conditions apply:

·         The obligation is in writing

·         The fire department service is to protect or save insured property

·         The direct physical loss for which the department is called is covered under the policy

·         The service call was made after the contract had been executed

·         The call was not a false alarm

B.     Fire Extinguisher Recharge Expense

Any extinguishing equipment that needs recharging after its use to fight a fire on the described premises is covered under this supplemental coverage. The applicable limit for all equipment requiring recharge at a single location is the amount specified on the Declarations Supplement.

NOTE: Only equipment used to extinguish a fire is covered; accidental discharges are not included. As well, the policy does not specify whether cleanup expenses related to any discharge are covered.

Example: Rough and Ready Outdoors Store has a service agreement with the volunteer fire department. When Corey smells smoke, he grabs a nearby fire extinguisher. Sally calls 911 to summon the fire department. Corey manages to contain the fire using several fire extinguishers, but the fire department is needed to fully extinguish it. This coverage helps pay for the fire department's service charge and the cost to recharge the fire extinguishers, up to the limit of insurance, without the application of a deductible. 

12. Fraudulent Transfer of Funds Coverage

Coverage is provided under various crime policies when items are stolen or given away under threat. However, if items are given away without a threat, coverage does not apply, even if the instructions given were initially accepted as legitimate but later found to be fraudulent. This supplemental coverage aims to close the coverage gap.

A.      Subject to the limit on the Declarations Supplement, coverage is provided for financial loss to an insured when the loss is a direct result of either or both of the following:

NOTE: The Editors added titles to enhance clarity.

1.      Fraudulent Instructions to Financial Institutions

This applies only if an employee of the named insured executes a transaction instructing a financial institution to transfer, pay, or deliver funds from the insured’s account or to debit that account. The employee must carry out this transaction based on fraudulent instructions and act in good faith.

2.      Fraudulent Entries into the Named Insured’s Computer Equipment

This applies only when an employee of the named insured makes an electronic data entry or alters information related to the named insured’s owned, operated, or leased computer equipment. Such an entry must lead to the transfer, payment, or delivery of money, securities, or other property from the insured’s account, or result in the account being debited or deleted. The employee performing this action must do so in good faith, based on fraudulent instructions.

 Example: Archer is out of the office meeting with clients. His administrative assistant, Patricia, received a call from Archer’s wife, who explained that Archer had asked her to call because he was busy in a meeting. She informed Patricia that he needed $5,000 transferred from the company account to a vendor’s account to finalize a deal. Following proper procedures, Patricia asked Connie in accounting to transfer the funds immediately.

The next day, Patricia was eager to hear about the deal when Archer came into the office, but she was not so excited when Archer said he had no idea what she was talking about. The Fraudulent Transfer of Funds Coverage supplement would respond to this loss.

B.      A single act can lead to multiple occurrences and involve one or more employees. Regardless of how many occurrences or employees are involved, the maximum amount paid for a single consolidated financial loss resulting from that act is the limit specified in the Declarations Supplement for this coverage.

NOTE: The limit on the Declarations Supplement is $5,000, and there is no indication it can be increased. This is a coverage limit, NOT a location limit, meaning the $5,000 limit applies to all locations.

C.     The deductible amount is $500 for each occurrence. This deductible can be changed on the Declarations Supplement.

NOTE: The deductible is per occurrence, but the limit of insurance is per consolidated financial loss. This could result in multiple deductibles being applied to that single financial loss.

Example: Millie receives an email request from John to modify some programming. That simple change results in a $25.00 debit from Bare Bone’s account every day. The amount is small and goes unnoticed for months.

An audit identifies the charge and the change to the program. An investigation leads back to Millie, who provided the documentation of John emailing her to make the change. John denies making the request.

Further investigation reveals that John’s email account was hacked. A claim for fraudulent transfer of funds is made. The insurance company agrees that coverage applies but does not pay anything because each debit was a separate occurrence that was less than the deductible.

13. Lock Replacement Coverage

If the named insured incurs expenses due to the loss or theft of key cards or door keys, costs for repairing, reprogramming, or replacing locks and keys are covered, but only at the premises described on the Declarations. This coverage includes door locks, lock tumblers, and similar locking mechanisms. The coverage limit is specified on the Declarations, and no deductible applies.

Part I E – Losses Not Insured – 3. Disappearance or Dishonesty Exclusion does not apply to this supplemental coverage.

14. Loss of Income from Dependent Property Coverage

A.     Coverage C Extension

This coverage protects the named insured against loss of business income and related expenses caused by a direct covered loss to a dependent property, which interrupts the named insured’s operations or business.

Coverage is limited to the amount specified in the Declarations Supplement. The default limit is $5,000, but this can be modified.

Example: Mowry’s Lawn Equipment has an exclusive contract to sell Best Ever Lawnmowers. When Best Ever has a fire that shuts down production for six months, Mowry’s income drops dramatically. This coverage pays for Mowry’s loss of income.

B.     Resumption of Operations

If the named insured can resume operations by using materials from a different supplier or selling products or services through another outlet, the amount that would otherwise be paid under this coverage is reduced. This reduction depends on how much these alternatives shorten the downtime. The options may involve partial or entire replacement.

Example: Mowry’s Lawn Equipment offers more than just Best Ever lawn mowers. Although he can order different lawn mowers, he chooses not to due to concerns about the long-term effects on his Best Ever franchise. This decision results in a reduced payout from his insurance company.

C.    Coverage Period

The coverage period begins when the direct physical loss occurs at the dependent location. It ends when the dependent location should be able to resume operations. The duration is based on what should occur, not on what actually occurs. The duration may be shorter than needed if the dependent property does not exercise all due diligence and ongoing effort to replace damaged property and resume operations.

Example: Best Ever Lawnmower’s president assesses the best approach after the fire, deciding whether to buy a new plant or repair the damaged one. He visits several existing plant sites and often takes his family on extended vacations. It took him three months to choose repair over replacement.

Mowry’s insurance company argues that all reconstruction could have been finished in five months, but Best Ever’s three-month delay extends the total construction time to eight months. Consequently, Mowry’s insurer covers only five months of downtime.

15. Loss of Income from Interruption of Computer Operations

This coverage is subject to an annual aggregate limit of $10,000 for each scheduled location. Once this annual aggregate is reached, coverage ends for that coverage period.         

NOTE: The Editors added titles to B. and C. to enhance clarity.

A.     Coverage C Extension

The loss of income the named insured incurs when computer operations are interrupted due to corrupted or destroyed electronic data is covered. The corruption or destruction of the data must result from one of the specified causes of loss, computer hacking, or a computer virus.

NOTE: When comparing the causes of loss under Supplemental Coverages 8. Electronic Data Coverage above with this coverage. Electronic Data Coverage covers direct physical loss as covered by this policy. However, this coverage is limited to specified causes of loss, computer hacking, or computer virus. As a result, a direct damage loss might be covered, but the resulting income loss from the same loss is not.

Example: Burglars broke into Merydale’s offices and stole all the laptops and external hard drives. These drives contained backups of all computer programs, and some employees stored their primary information on them instead of on their C drives. The direct damage caused by the theft is covered, but the loss of income is not because theft is not one of the specified causes of loss.

B.     Computer Hacking and Computer Virus Exclusion – Removed

Part 1 E–Losses Not Insured – 2. Computer Hacking and Computer Virus Exclusion does not apply to this supplement, but there is a key exception: coverage is not provided if an employee or a retained party alters the computer, its system, or data in a way that causes or results in a loss.

C.    Special Limit

The special limit on the Declarations Supplement is the total amount the insurance company pays for each annual policy term or 12-month period. This limit applies regardless of the number of occurrences or total expenses incurred. It is not a cumulative limit from period to period. A loss that begins in one policy year and extends into another is subject only to the limit in place when the loss began.

D.    Resumption of Operations

If the named insured can resume operations by using another source for computer operations, the amount that would otherwise be paid under this coverage is reduced. The options may involve partial or full replacement.

E.     Coverage Period

The coverage period begins on the date of the computer operation interruption and ends when the necessary period to restore computer operations is complete. It indicates what should happen, not what actually occurs. The duration may be shorter if the named insured does not exercise all due diligence and continual effort to resume computer operations.

16. Newly Acquired Property Coverages

A.      Coverage may be extended to property the named insured acquires during the policy term. The locations are covered only if the operations conducted at them are similar to the business described on the Declarations or will be used as private warehouses. The amount varies by coverage type as follows:

Coverage A – Buildings

·         The maximum coverage available is 25% of the limit of liability of Coverage A for newly acquired buildings.

·         If multiple buildings described on the Declarations are involved, the limit is based on 25% of the highest available limit listed on the Declarations.

·         If the named insured adds an addition to an existing building described on the Declarations, the maximum limit available is 25% of the specific property to which the addition is made.

Example: Realistic, Inc. has four buildings with the following limits:

Building Number

Coverage A

Coverage B

1

$150,000

$75,000

2

$160,000

$80,000

3

$170,000

$90,000

4

$180,000

$100,000

Realistic purchases a fifth building for $150,000 and adds an addition to Building 1.

·         Only a $45,000 limit is available for the newly acquired building ($180,000 X .25).

·         The maximum available for the addition is $37,500 ($150,000 X .25).

Coverage B – Business Personal Property

When the named insured acquires a new location, the maximum available coverage for Coverage B – Business Personal Property is 25% of the liability limit for Coverage B shown on the Declarations.

When multiple buildings are involved, the maximum limit available is 25% of the highest Coverage B – Business Personal Property limit shown on the Declarations. This applies only to business personal property at a newly acquired location. It does not apply to newly acquired business personal property at an existing location.

Example: Realistic purchased $25,000 in business personal property for the newly acquired building, location #5. The maximum limit available is $25,000 ($100,000 X .25).

Coverage C – Loss of Income

Coverage C is not unlimited, unlike the business income coverage in the policy. The maximum that can be applied is the amount available under Coverage A and/or Coverage B at the acquired location.

The applicable limit available for a covered loss will depend on which coverage sustains a loss that triggers Coverage C.

Coverage A—Building  

If a newly acquired building sustains a covered loss to the building that includes loss of income, the Coverage A limit shown on the Declarations multiplied by the .25 factor is available for Coverage C.

Coverage B—Business Personal Property

If a newly acquired location sustains a covered loss to Business Personal Property that includes loss of income, the Coverage B limit shown on the Declarations multiplied by the .25 factor is available for Coverage C.

Coverage A and B

If a newly acquired location sustains a covered loss to the Building and Business Personal Property that includes loss of income, the sum of the Coverage A limit shown on the Declarations and the Coverage B limit shown on the Declarations, each multiplied by the .25 factor, is available for Coverage C.  

Example: Realistic sustains a covered loss to their newly acquired Building and BPP. This means the maximum available to Realistic for Loss of Income coverage at Building 5 is $70,000.

·         Highest Building coverage limit available $180,000 x .25= $45,000

·         Highest BPP coverage limit available $100,000 x .25 = $25,000

$45,000 + $25,000 = $70,000 maximum limit available for Coverage C–Loss of Income

B.      The supplemental coverage described above lasts only 45 days after the acquisition date. This period is also limited by the policy’s expiration date. The policy could be canceled, terminated, or expired before the 45-day period ends. In such cases, coverage ends on the policy’s cancellation, termination, or expiration date. Additionally, this supplemental coverage terminates once the values of the acquired property are reported to the insurance company.

Example: Realistic acquires building #5 on December 15. The policy expires on January 1. Coverage for the newly acquired property ends on January 1. As a result, building #5 has no coverage if it is not added to the policy at renewal.

17. Outdoor (Exterior) Signs and Satellite Dish Coverage

Coverage extends to direct physical loss of outdoor signs and satellite dishes at the specified premises. The posts and poles supporting these signs are also included. When coverage applies to interior building signs and entrance signs, the term "outdoor" is replaced with "exterior."  

The default limit is $2,500, which can be modified and a $100 deductible that cannot be modified.

The following do not apply to this supplemental coverage:

·         Part 1 D–Property Exclusions / Limitations

·         Part 1 E–Losses Not Insured

o   But the following do apply to this supplemental coverage:

§  Exclusion 7. Intentional Loss

§  Paragraph A. of Exclusion 12. Wear, Tear, and Other Specified Causes of Loss Exclusions

·         Part I G – Special Part I Conditions: 2. How Losses Are Settled – B. Deductible does not apply.

18. Pollution Clean Up Cost Coverage

A.      This very limited supplemental coverage and is subject to all of the following:

·         A covered cause of loss causes direct physical damage to covered property.

·         A pollutant is released onto land or into water as a direct consequence of a covered loss.

·         The pollutant is emitted, escapes, migrates, seeps, or is discharged or dispersed onto covered property as a result of a covered loss.

·         The polluted land or water is on the described premises.

The expenses to remove the pollutants are covered, but only if both of the following apply:

·         They are actually incurred.

·         They must be reported in writing to the insurance company within 180 days of the direct physical loss that caused the pollution event.

The most the insurance company pays is the limit on the Declarations Supplement. This is an aggregate limit that applies during a 12-month period. The basic limit provided is $10,000, but it can be modified. 

Example: A fire at Janey’s Picture Framing results in lacquer and paint discharging into the pond on the insured property, costing Janey $7,000 to remove. Shortly after reopening, a windstorm causes the same substances to be discharged into the pond again, and Janey spends an additional $5,000 to clean it up.

Janey’s supplemental pollution coverage limit is $10,000, so she receives $7,000 for the first incident but only $3,000 for the second, due to the annual aggregate of $10,000.

B.      This coverage does not cover any costs related to extracting radioactive or nuclear materials of any kind.

C.     There might be a specific deductible on the Declarations Supplement for this supplemental coverage. If present, this deductible replaces any other deductible. If absent, the standard policy deductible applies.

19. Trees, Shrubs and Plants Coverage

This supplemental coverage extends Coverage A – Building to lawns, vegetated roofs, decorative trees, shrubs, and other plants for loss up to the limit specified on the Declaration Supplement. The basic coverage limit provided is $2,500 and cannot be changed. There is also a limit of $500 per tree, plant, or shrub. Coverage includes debris removal expenses associated with a covered loss.

Losses caused by any covered perils are included. However, the following perils are not covered:

·         hail

·         snow

·         ice

·         wind

·         sleet

 

Property held or grown for business purposes is not covered. Additionally, this supplemental coverage does not increase the coverage limit. This means the applicable limit is included within the limits of insurance. 

NOTE: Debris removal in this supplemental coverage is very important because it covers debris removal of a tree instead of coverage that applies under Supplemental Coverages 8. Debris Removal Coverage. The term “decorative tree” must also be considered.

Part 1. D–Property Exclusions/Limitations exclude all coverage for trees, shrubs, plants, lawns, and growing crops except as this coverage provides. However, this coverage insures only “decorative trees.” The policy does not specifically define “decorative tree,” so the common meaning will apply. Merriam-Webster Dictionary defines “decorative” as purely ornamental, so a decorative tree could be considered an ornamental tree.  

20. Valuable Papers and Records Coverage

Coverage B–Business Personal Property must be provided for this coverage to apply.

This coverage insures the expenses the named insured incurs to replace or restore valuable papers and records damaged or lost due to a covered direct physical loss. Covered expenses include the cost of research.

The following do not apply to this supplemental coverage:

·         Part 1 D–Property Exclusions / Limitations

·         Part 1 E–Losses Not Insured

o   But the following do apply to this supplemental coverage:

§  Exclusion 7. Intentional Loss

§  Paragraph A. of Exclusion 12. Wear, Tear, and Other Specified Causes of Loss Exclusions

·         Part I G – Special Part I Conditions: 2. How Losses Are Settled – B. Deductible does not apply.

The most paid for these expenses is the limit on the Declarations Supplement. The standard limit is $10,000 per location, but it can be increased.

The full Coverage B limit covers costs for blank forms needed to replace records or papers, as well as expenses incurred by the named insured to copy or transcribe written records. However, coverage does not apply to electronic records.

Example: Graves has a $50,000 Coverage B limit and a $10,000 Valuable Papers and Records limit. A flood causes the following loss:

·         The records are waterlogged and ruined but can still be read and duplicated. Transcribing them costs $7,000, and the materials needed to do so cost an additional $2,000. The $50,000 Coverage B limit applies to this loss.

·         A few valuable manuscripts are also lost, and replacing them with similar books costs $5,000. This loss is covered under the $10,000 Valuable Papers and Records limit.

This coverage includes the definition of valuable papers. Items such as the following, along with similar records, are regarded as valuable papers and records:

·         abstracts

·         books of accounts

·         documents

·         deeds

·         manuscripts

Example: Graves has a $50,000 Coverage B limit and a $10,000 limit for Valuable Papers and Records, as listed on the Declarations Supplemental. A flood causes the following loss:  

·         Records are waterlogged and ruined, but they can be read and duplicated. It costs $7,000 to transcribe them, and the materials needed to do so cost an additional $2,000.

o   The $50,000 limit under Coverage B applies to this loss.

·         A few valuable manuscripts are also destroyed. It costs $5,000 to replace them with similar books.

o   The $10,000 Valuable Papers and Records limit applies to this loss.

21. Vehicle Coverage

Coverage B extends to the named insured’s motorized land vehicles under limited circumstances:

·         Such vehicles must be on the described premises.

·         They must be used to service the premises or the business operations.

NOTE: The term “principally” is used. This means that vehicles temporarily off premises or that are occasionally being used for purposes other than servicing the premises or business operations are still covered.

Forklifts, lawnmowers, electric carts, and tractors are just a few examples of the type of vehicles covered, but many other types may qualify.

The following types of vehicles are excluded:

·         Vehicles licensed for use on public roads

NOTE: This does not indicate that the vehicle must be licensed; it only states that it is licensed. Therefore, an unlicensed yard truck that meets all other conditions is also covered.

·         Vehicles not principally kept at the described premises

·         Vehicles specifically insured elsewhere

If the policy does not include Coverage B, this coverage extends Coverage A when the vehicles are used to exclusively (not principally) for premises service.

No additional limit of insurance is provided under this supplemental coverage. This means coverage is within the limit of insurance.

22. Water Damage / Related Damage Repair Expense Coverage

A.      If a covered Sprinkler Leakage or Water Damage loss occurs, the following additional expenses are covered as an extension of Coverage A:

1.      The cost to repair parts of the building damaged to gain access and repair the appliances, systems, or equipment from which the water was escaping.

2.      The cost to either repair or replace the part of the item allowing the water to escape. This cost must be incurred at the same time the building was being damaged to gain access to that item.

Example: John noticed water pooling on the floor. He could hear water but could not determine its source. The plumber arrived and began searching for the problem area. After four unsuccessful attempts, he located the problem area. He replaced the valve but told John that additional work was needed to prevent a recurrence.

The cost to repair all five access points is covered. The cost to replace the valve is covered. The cost to return and repair other objects to prevent a recurrence is not covered.

B.      This supplemental coverage does not apply to the following:

1.      Coverage does not extend to the cost of repairing or replacing appliances, equipment, or systems, except for the specific defective or damaged part mentioned in A.2. above. Additionally, there is no coverage for repairing or replacing any property, except for the particular item that directly caused the water damage.

2.      There is no coverage if another party is contractually or by law responsible for paying these expenses.

No additional limit of insurance is provided under this supplemental coverage. This means coverage is within the limit of insurance.  

PART I C – LOSSES INSURED

General Cause of Loss Conditions – Coverages A, B, C

Loss can result from accidental direct physical damage or destruction of covered property due to a covered cause of loss, unless it is explicitly excluded or limited. Loss means unexpected physical harm or destruction, including theft if it is covered, as well as damage resulting from such theft. A covered cause of loss is a specific cause listed in the policy that applies to the covered property.

This means consequential losses, such as loss of use, loss of income, and spoilage, are not covered unless specifically provided in the policy. An example of a covered consequential loss is Loss of Income under Coverage C.

Example: Marvin and Sons have the following losses:

  • Marvin always kicks the door when he enters his office. This time, his foot breaks the door. Not covered – not fortuitous.
  • Marvin’s neighbor has a fire, which decreases the number of customers visiting Marvin’s store. Not covered – not direct.
  • The smoke from a fire left residue on Marvin’s windows. Not covered – no physical damage.
  • An earthquake shakes Marvin’s building and cracks the foundation. Not covered – not a covered cause of loss.

1. Basic Plus Coverage

When the Basic Plus Coverage is selected on the Declarations, only fortuitous direct damage losses from the following causes of loss are covered:

Coverage A

All fortuitous direct damage losses to Coverage A – Building property are covered, subject to all of the policy’s other parts and provisions.

Coverage B

The only fortuitous direct damage losses to Coverage B – Business Personal Property are those caused by the following. These causes of loss are subject to all policy provisions:

·         Fire that is hostile  

·         Aircraft

·         Explosion

·         Falling Objects

·         Glass Breakage

·         Lightning

·         Riot or Civil Commotion

·         Sinkhole Collapse

·         Smoke

·         Sprinkler Leakage

·         Vandalism

·         Vehicles

·         Volcanic Eruption

·         Weight of Ice, Sleet, or Snow

·         Windstorm / Hail

Each cause of loss listed above is explained in more detail under item 3. – Descriptions of Causes of Loss later in this same Part. Fire, Explosion, Lightning, Weight of Ice, Sleet or Snow, and Windstorm/Hail are not specifically explained in 3. below but are well defined by Common Law and precedent without further explanation.

Related Articles:

Explosion-A Discussion

Fire–A Discussion

Vandalism, Riot, or Civil Commotion–A Discussion

Windstorm or Hail–A Discussion

2. Expanded Coverage

If the Declarations indicates that Expanded Coverage applies, the policy covers the property against accidental direct physical loss as described below.

Coverage A and Coverage B

This policy covers accidental direct physical loss to property that is not excluded or limited. If only Coverage B applies, it covers loss (except from fire or explosion) to that part of a nonowned building used by the named insured or holding their property, caused directly by theft, if the insured is responsible to others for the loss.

Losses and costs excluded under the causes of Falling Objects and Sinkhole Collapse also fall within the scope of Expanded Coverage.

Example: Pesky Perks’ lease specifies that it is liable for any theft damage to the building it occupies. One evening, Connie locks up without noticing a customer hiding in a closet. The customer rummages through the store, steals items, then exits through the back door, kicking it open and causing damage.

Coverage B–Expanded Coverage covers both the stolen property and the damage to the back door.

3. Descriptions of Causes of Loss

The definitions of the causes of loss listed in 1. Basic Plus Coverage above are as follows:

A.      Aircraft

Coverage includes loss resulting from direct physical contact between an aircraft or any part of it and the covered property. Self-propelled spacecraft and missiles are considered aircraft. This cause of loss also includes direct damage to covered property from an unmanned aerial vehicle and its components.

Example: Paul is surprised when a piece of metal crushes his lawn tractor. An investigation reveals it fell from a crop duster plane operating in the area. This would be classified as a covered aircraft loss.

B.      Falling Objects

This is damage to property caused by an object that falls on it.

This cause of loss does not include the following losses:

·         Damage to personal property outdoors and not in a building

·         Damage to a building's interior or personal property inside, unless the falling object breaks through the building's exterior, such as the roof or an outside wall.

Example: A truck hits a tower next to Joe’s Finer Furniture. The tower and antennas on it fall onto Joe’s property.

  • The tower crashes through the main building’s roof, causing damage to furniture. This loss is covered.
  • One of the antennas strikes and damages outdoor display furniture. This loss is not covered.
  • Another antenna flies through an open window and damages a dining room table. This loss is not covered because the antenna entered through an open window, not through a wall or the roof.

C.     Glass Breakage

This refers to damage to other property caused by glass breakage that is part of buildings. 

Example: A gutter from an adjacent building detaches and crashes through the glass at Patrick’s Card Shop. Glass shards embed into the carpeting and numerous cards. The damage to the carpet and cards is covered as glass breakage.

D.     Riot or Civil Commotion

This goes beyond riot and civil unrest; it also includes, but not limited to, the following two aspects:

·         Activities of employees while on strike and occupying the described premises.

·         Looting occurring amid civil unrest or riots

E.      Sinkhole Collapse

This happens when land suddenly sinks or collapses into underground voids created by water eroding limestone or similar rocks. The loss occurs when the collapse damages the property on that land.

This cause of loss excludes collapse or sinking into manmade cavities and does not cover the cost of filling sinkholes.

NOTE: Underground mines are an example of manmade cavities.

F.      Smoke

This cause of loss applies only to sudden and accidental smoke that results in physical damage.

NOTE: Industrial smoke pollution and agricultural smudging are examples of smoke not covered.

Examples:

·         Malcolm’s store windows get dirty from the smoke caused by a wildfire. This damage is not covered because there's no physical damage to Malcolm’s property.

·         Malcolm’s old vacuum tube radio overheats, releasing smoke that quickly fills the store. The smoke damages the circuitry in many of the electronic devices for sale. This loss is covered because the smoke was accidental and caused physical damage.

G.     Sprinkler Leakage

The only damages covered are those caused by accidental discharge or leakage from an automatic sprinkler system. This also includes the collapse of any tank that is part of the system.

H.     Vandalism

This is both willful and malicious damage to covered property. It includes damage to buildings caused by burglars breaking in or out. However, it does not include theft losses or breakage of signs and building glass.

I.        Vehicles

There are two types of covered vehicle damage:  

·         The vehicle making physical contact with the covered property, damaging it.

·         The vehicle throwing up an object into covered property, damaging it.

Coverage does not apply if the vehicle involved in either of the above actions is owned by the named insured or used for the named insured’s business.

Examples:

·         John carries a television to his car. The car slips out of gear and begins rolling toward him. He drops the television and jumps into the car to stop it. The television is damaged by the drop. This loss is not covered.

·         A car passing Jim’s Barber Shop hits a piece of metal on the road, which then flies through Jim’s window. The damage caused by the metal is considered vehicle damage.

J.        Volcanic Eruption

There are only three types of covered volcanic eruption-related losses:

1.      Shock waves or airborne blast

2.      Particulate matter, ash, and dust are covered only if they cause damage. There is no coverage if they can be removed without causing physical damage.

3.      Flow of lava

NOTE: There is a group of property exclusions in the policy known as Common Exclusions. 1. Earth Movement/Earthquake/Volcanic Activity which excludes all volcanic activity that this cause of loss does not describe.

Each volcanic eruption is not treated as a separate occurrence. All activity occurring over a 168-hour period is treated as a single occurrence and a single loss.

K.      Water Damage

This cause of loss applies to Coverage A. It also applies to Coverage B if Expanded Coverage is selected on the Declarations.

This loss occurs when an appliance, piece of equipment, or system breaks or cracks, causing water, steam, or other liquids or materials to suddenly and accidentally spew out.

Example: John notices water pooling on the floor. He hears the water but cannot pinpoint its source. The damage caused by the water is covered. However, if John ignores the dripping without taking action, the further damage will not be covered since it is no longer considered sudden and accidental.

If the loss involves an automatic sprinkler system, refer to G. Sprinkler Leakage cause of loss.

4. Specified Causes of Loss

The policy may state that coverage applies only to specified causes of loss. When it does, only the following causes of loss apply:

·         aircraft

·         explosion

·         falling objects

·         fire

·         lightning

·         riot or civil commotion

·         sinkhole collapse

·         smoke

·         sprinkler leakage

·         vandalism

·         vehicles

·         volcanic eruption

·         water damage

·         weight of ice, sleet, or snow

·         windstorm/hail

NOTE: This term is meant to limit coverage, not expand it. Therefore, if the coverage would be increased by this listing, such expansion is excluded.

5. Covered Loss

A.      Coverages A and B

Covered losses as detailed in the Part I C – Loss Insured: General Cause of Loss Conditions – Coverages A, B, and C.

B.      Coverage C

This relates to the specific context in which Coverage C applies:

1.      Direct covered loss:

This is defined according to the specific type of Coverage C being provided:

a.      When used with Loss of Income coverage, this refers to the direct covered loss described in the General Cause of Loss Conditions-Coverages A, B, C that occurs at a described premises. The named insured must occupy the premises, and the loss must lead to a loss of income. The occupancy requirement does not apply when Coverage C is loss of Rental Income.

b.      When the term is used with Loss of Income from Dependent Property coverage, this is the direct covered loss described in the General Cause of Loss conditions–Coverages A, B, C that occurs at a dependent property.

2.      Covered Loss

A consequential loss resulting from a direct covered loss described in 1. above.

PART I D – PROPERTY EXCLUSIONS / LIMITATIONS

1. Property Not Covered

The property listed below is excluded. However, there may be exceptions in other parts of the policy; these exceptions apply only as explicitly described.

A.      All of the following are excluded except as provided under Part 1 B–Supplemental Coverages 1. Accounts Receivable and 20. Valuable Papers and Records:

·         bills

·         deeds

·         evidences of debt

·         money or securities

·         notes

·         gold

·         silver

·         other precious metals

·         valuable papers and records

B.      The following property is excluded except as provided under Part 1 B–Supplemental Coverages 17. Outdoor (Exterior) Signs and Satellite Dish Coverage:

·         Outdoor (exterior) signs

NOTE: Supplemental Coverage 17. Outdoor signs is broadened to include signs that are interior but are considered building or entrance signs. This wording is not used here.

·         Satellite dishes

C.     Any type of creature. The common definition of this word applies, as there are no other restrictions. Typically, a creature is any animal, which limits the term to nonhumans. Alternatively, a broader definition considers a creature as any animate being. However, this definition excludes insured stocks of animals.

D.     The following are excluded:

·         Land and the expenses involved in land movement, including excavation, grading, and general land preparation

·         Driveways, walks, and other paved surfaces

·         Water

·         Docks, wharves, piers, and pilings

·         Walls that serve as retaining structures but not connected to a building  

·         Drains, pipes, and flues located below ground level

·         Foundations below ground level

·         Foundations below the subsurface of the lowest basement

NOTE: Since this property is excluded, the client can omit its value when calculating insurance to value, which can reduce the premium.

E.      Electronic data  

There are two exceptions:

·         Coverage provided under Part 1 B–Supplemental Coverages 8. Electronic Data Coverage

·         Prepackaged software but only if it is considered the named insured’s stock.

Example: An electrical short ignited a fire at Mary’s Office Services, damaging all computers and destroying all data and programs stored on them. This loss is not covered due to this exclusion. However, the good news is that her prepackaged software stock sold to her customers is covered, with limited coverage available under Part I B–Supplemental Coverages 8. Electronic Data Coverage.

F.      Any property this policy does not describe

IMPORTANT NOTE: This statement covers a lot of ground. If a particular type of property is not mentioned in the policy, it won't be covered. This can sometimes give insurance providers room to deny claims. It's really important to carefully check the details of what's included in Coverage A, Coverage B, and the Supplemental Coverage, since anything else will not be covered.

G.     Any property also covered under Coverage B but is specifically described and insured by this policy or another policy. 

H.     All trees, shrubs, plants, lawns, and growing crops. This property is not required to be outdoors, so landscaping and indoor plants are also excluded. There is an exception under Part 1 B–Supplemental Coverages 19. Trees, Shrubs, and Plants Coverage.

Example: The Exquisite Office Tower features a large indoor garden with small decorative trees, shrubs, and plants. When smoke from a small fire damages plants in the garden, the only coverage available is under Part 1 B–Supplemental Coverages 19. Trees, Shrubs, and Plants Coverage. Fortunately, Exquisite’s insurance agent accounted for this garden and coordinated with the underwriter to increase the coverage limit for trees, shrubs, and plants to $25,000, with a per-item limit of $2,000. As a result, this loss is covered.

I.        Vehicles

The following vehicles are not covered except for those under the control of the named insured for the purpose of selling, servicing, or repairing:

·         aircraft

·         unmanned aerial vehicles

·         land vehicles that are motorized

·         watercraft

The equipment, motors, accessories, parts, and trailers part of any of the above are also not covered.

The only exception is provided in Supplemental Coverage 21. Vehicle Coverage.

2. Property Restrictions – Coverage B

The following restrictions apply only to Coverage B property that is insured and considered covered property. These restrictions apply only when the cause of loss is other than a specified cause of loss.

A.      Breakage

Glass breakage is not covered, including fragile items similar to glass and glass-like items.

However, there are exceptions:

·         Photographic and scientific lenses are covered.

·         Bottles and similar type containers are also covered.

B.      Furs

The limit on the Declarations Supplement – Property Restrictions – Furs is the maximum amount paid for all loss in a single occurrence involving furs and garments trimmed with fur. The limit provided on the Declarations Supplement is $3,000 per location and is an aggregate limit.

Example: A fire destroys My Ladies Clothing store. The damage to fur-trimmed items is fully covered since the loss falls under a specified cause of loss.

C.     Jewelry

The limit on the Declarations Supplement–Property Restrictions–Jewelry is the most paid for all loss in a single occurrence to the following property:

·         Jewelry, jewels, and pearls

·         Semi-precious and precious stones

·         Watches. This also includes watch movements.

·         Gold, silver, and other precious metals in any form, including bullion.

The only exceptions are watch items or jewelry items valued at less than the Value Waiver Limit on the Declarations Supplement. The Jewelry aggregate limit is $3,000 per location, and the Jewelry Value Waiver limit is $100. 

Example: Jewelry and clothing were stolen from Jules Boteque. The property loss was reimbursed, but limited as follows:

  • $50,000 clothing - covered.
  • $3,000 watches and jewelry items valued at less than $100 apiece - covered.
  • $10,000 in jewelry valued at more than $100 apiece - $3,000 - covered.

PART I E – LOSSES NOT INSURED

NOTE: Also review the Common Exclusion–Parts I and II sections towards the back of the policy, which contain exclusions for earth movement, war, and nuclear events.

This policy does not cover direct or indirect losses resulting from any of the following causes. The exclusion applies even if the loss happens at the same time as a covered loss or if another loss contributed to it.

The only exceptions are those specifically provided by the policy.

Related Article: Concurrent Causation and Anti-Concurrent Causation Clauses–A Discussion

1. Building Law Exclusion

When laws regulating construction, repair, demolition, or debris removal are enforced, the building owner might face financial loss for reasons like tearing down undamaged property, modify an existing structure, or incur additional costs to rebuild according to legal standards. This policy does not include coverage for these or similar actions, except for what is covered under Part I B–Supplemental Coverages 3. Building Code/Law Coverage.

Example: Kittly’s is a 50-year-old masonry building in downtown Middlebury. A tornado damages over 60% of the building. Kittly’s applies for a building permit but is told they must demolish the undamaged part and reconstruct the entire building using masonry noncombustible materials. Additionally, Kittly’s must upgrade to meet current ADA standards.

There is no coverage for demolishing the existing structure, the value of the 40% undamaged part, the upgrade to masonry noncombustible construction, or the ADA compliance upgrades, except for the limited coverage available under Part 1 B–Supplemental Coverages 3. Building Code/Law Coverage.

2. Computer Hacking and Computer Virus Exclusion

This excludes any loss due to computer hacking or a computer virus. The only exception is provided under Part 1 B–Supplemental Coverages 8. Electronic Data Coverage.

3. Disappearance or Dishonesty Exclusion

Coverage does not include property that disappears mysteriously or is missing without any explanation. This also applies to shortages of inventory and money and securities. Additionally, shoplifting, pilfering, and the misappropriation of property are excluded.

Example: Magda conducts an inventory monthly. Her March count shows $15,000 worth of stock missing. She is unsure of its whereabouts, as it isn't on her shelves. It seems the stock simply disappeared! This loss is excluded.

Losses resulting from dishonest, criminal, or fraudulent acts are excluded only if they are carried out by the named insured, other insureds, its directors, employees, partners, or trustees. These losses are also excluded if committed by any entity that holds possession of the property. The only exception is loss to property while it is in a hired bailee’s possession.

Example: Magda knows that stock cannot simply vanish. She begins her own investigation. Based on the evidence she develops, she confronts her store manager, who confesses. The loss is still excluded because of this exclusion. However, there is coverage under Part 1 B – Supplemental Coverages 10. Employee Dishonesty Coverage.

4. Electrical Damage Exclusion

Coverage does not apply to any loss caused by artificially generated electrical currents going to or through any of the following:

·         appliances

·         devices

·         wiring

·         computer hardware

·         computer components

·         computer equipment

There is an exception. A fire loss resulting from such an excluded loss is covered. However, the fire loss must not be excluded elsewhere in this policy.

Example: A faulty circuit breaker allows the coffee maker to overheat, destroying it. The heat ignites the filters sitting next to it. Damage to the circuit breaker and coffee maker is not covered. Damage to the filters and any other damage caused by the fire is covered.

5. Explosion of Steam Equipment Exclusion

If the named insured owns or is in control of steam boilers, engines, pipes, or turbines, there is no coverage if they explode. However, there are two exceptions:

·         Coverage applies if a fire or another explosion occurs as a result of an excluded explosion, but only if the fire damage is not excluded by the policy. The coverage is limited to damages from the fire and the secondary explosion, excluding the initial explosion.

·         If gas or fuel explodes inside the combustion chamber, flue, or firebox of the above described equipment causing a loss, that loss is covered.

Examples: The steam boiler in the Sherwood Forest Office Building explodes.

·         Maureen’s Bakery is located directly above the boiler and sustains damage when a part of the boiler that explodes breaks through the floor. Maureen’s loss is covered because she does not own, operate, or control the boiler.

·         The boiler is destroyed, and the basement walls suffer heavy damage. The ceiling above the boiler and Maureen’s Bakery floor is also damaged. The Sherwood Forest Office Building policy does not cover this damage, as it owns the boiler.

·         The explosion triggers a fire at Maureen’s Bakery, which then spreads to three other occupants in the building. The policy for the Sherwood Forest Office Building covers the damage caused by the fire.

6. Flood/Flooding Exclusion

The following perils listed below are not covered. Additionally, any flooding or flood damage caused by natural or human forces, or by weather conditions such as rain, snow, or wind, is not covered. They are also not covered if resulting from any other covered cause of loss.

·         surface water

·         waves

·         storm surge

·         tidal water or waves

·         streams or other bodies of water overflowing

·         spray from any of the above

However, coverage applies if fire, explosion, or theft occurs due to the above causes of loss, provided the policy includes such coverage.  

7. Hot Water / Steam Equipment Exclusion (05 23 edition)

In the 05 23 edition, this exclusion was moved into its proper placement in the policy.

A.      Hot Water Boilers

If a loss occurs to hot water boilers or any other water-heating equipment, it is excluded, regardless of their condition or cause.

However, if a loss occurs due to an explosion, coverage is provided.

B.      Steam Equipment

If a loss occurs to steam boilers, engines, pipes, or turbines, it is excluded, regardless of their condition or cause.

However, if a loss results from a gas or fuel explosion within the firebox, combustion chamber, or flues, coverage applies.

8. Intentional Loss Exclusion

Coverage is not provided if a loss occurs because of an insured's action or instruction with the intent to cause the loss. 

However, coverage applies if a loss occurs when the insured uses reasonable force to protect people or property.

Example: A fire damages John’s Candy Store.

Scenario 1: John placed a candle next to flammable material, intending to start a fire. The resulting fire damage is excluded.

Scenario 2: John always kept candles burning in his store. He was called away for a family emergency and did not put them out before leaving. The fire damage is covered.

Scenario 3: Sally is John’s business partner. She places a candle next to a combustible material, intending to start a fire. John is unaware of her plan. The fire damage is excluded because Sally is an insured.

Scenario 4: John is working late and often keeps candles lit in his office. He hears a break-in at the store and calls 911 just before the burglar charges at him. To defend himself, John throws a candle at the attacker, causing the burglar’s clothes to ignite. The candle then falls onto papers, igniting a fire. All fire damages are covered because John’s intentional act was reasonable force used to protect himself.

9. Leakage from Frozen Equipment Exclusion

Coverage does not apply to any leakage or overflow damage that occurs when both of the following conditions are met:

·         The building is unoccupied or vacant

·         Plumbing, heating, air conditioning, or other equipment or appliances freeze

Damage caused by freezing to plumbing, heating, air conditioning, or other equipment or appliances is also not covered.

However, coverage applies when either of the following preventative measures are taken:

·         The building is maintained with adequate heat.

·         Water is drained from all appliances, and the water source is shut off.

Example: Pauline leaves the country for a six-month mission trip, suspending operations at the Dairy Barn. She turns off all utilities except for heat, setting it to a low level, and asks her friend Jeff to check the premises periodically. A severe storm causes extensive damage to the local utility, resulting in a seven-day power outage. When power is restored, the building’s pipes thaw and burst. The loss is covered because Pauline took reasonable steps by maintaining the building's heat.

Related Court Case: Water Damage from Frozen Pipe Covered: Frozen Plumbing Exclusion Did Not Apply

10. Loss of Use or Delay Exclusion

There is no coverage for damages the named insured sustains because it cannot use or sell property. There is also no coverage for damages the named insured sustains because it must delay activity.

11. Power, Heating, or Cooling Failure

No coverage applies when there's a loss of utility services, power, heating, cooling, or if there are fluctuations in temperature or humidity.

Example: The extreme heat causes an overload on the electrical grid, resulting in Mainville losing power. Consequently, Quincy’s cash registers, lighting, air conditioning, and refrigeration systems stop functioning. The following damages Quincy sustained are not covered.

·         Six days of income lost due to business disruptions

·         The fish that died in the aquarium

·         The refrigerated stock that spoiled

However, there is an exception under Part 1 B–Supplemental Coverages 4.B. Business Property Coverages–B. Consequent Loss Coverage (Spoilage).

12. Unauthorized / Voluntary Transfer Of Property Exclusion (05 23 edition)

In the 05 23 edition, this exclusion was moved into its proper placement in the policy.  

A.      Unauthorized Transfer

Losses related to property given or transferred to any person at any location not on the described premises, caused by false or unauthorized instructions, are excluded, regardless of the method of giving or transferring.

B.      Voluntary Transfer

Losses involving property owned by the named insured or another person to whom the property was entrusted are excluded if the property was voluntarily given or transferred due to false pretenses, a fraudulent scheme, device, or trick.

13. Water Damage Exclusions

A.      Coverage does not apply to loss due to sub-surface, underground, or surface water that flows, leaks, or seeps through or exerts pressure on any of the following:

·         basements

·         doors, windows, or other openings

·         driveways

·         floors

·         foundations

·         sidewalks or other paved surfaces

·         swimming pools

·         walls

NOTE: Mudflow and mudslide are not excluded here, but they are covered as excluded under Part 1 E–Losses Not Insured – 14.E. Wear, Tear, and Other Specified Causes of Loss Exclusions.  

B.      Any loss or damage caused by water or sewage backing up through a sewer or drain is not covered. Additionally, if water or sewage overflows a sump and causes damage, this is also not covered.

There is an exception to both A. and B. above: if any water damage losses that are excluded lead to a fire, sprinkler leakage, or theft, coverage will apply to those subsequent losses.

Example: Surface water floods a small business district. Investigators block off the area for a week to find the cause. During this period, thieves disguised in official looking uniforms steal several items from Paul’s Pharmacy. The damage from water is not covered, but the stolen items are.

Trigger Endorsement

If BU 50 02 is listed on the Declarations as an endorsement, paragraph 13.B of this exclusion does not apply.

If BU 50 03 is listed on the Declarations as an endorsement, coverage is provided as if paragraph 13.B. of the exclusions did not apply, but only up to the limit for Water Damage – Sewer/Drain Backup shown on the Declarations.

NOTE: Rather than attaching an additional document labeled BU 50 02 or BU 50 03, the endorsement language is integrated directly into the policy. This approach is specific to MSO policy design.

Related Article: MSO Businessowners Policies Trigger Endorsements

14. Wear, Tear, and Other Specified Causes of Loss Exclusions

Loss caused by any of the listed exclusions below may still be covered if it results from a Specified Cause of Loss. However, if a collapse occurs under paragraph B. or E., no coverage is provided for the collapse damage.

Related Court Case: Anti-Concurrent Causation (ACC) Clause in Insurance Contract Barred Recovery

A.      Many causes of loss are excluded under this paragraph:

·         Wear and tear

·         Animals (domestic only), birds, insects, raccoons, rodents, vermin.

NOTE: Limiting coverage to domestic animals means that damage caused by wild animals is covered unless the animals are vermin, rodents, or raccoons. For example, damage caused by a bear, monkey, or deer is covered.

·         Contamination or pollution, including but not limited to the following:  

o   The discharge, dispersal, emission, escape, migration, release, or seepage of pollutants

o   The costs related to enforcement of any government directive, law, or ordinance that requires the named insured or others to clean up, contain, detoxify, monitor, neutralize, remove, test for, or respond in any way to pollutants, asbestos, fungi, mold, or lead contamination, or to assess their effects.

o   corrosion, deterioration, decay

o   errors, omissions, or deficiencies in design, materials, plans, or workmanship

o   disease

o   dry rot or wet rot

o   natural growth such as, but not limited to, fungi, mold, spores, mildew, and bacterium

o   inherent vice, but only if the vice is common to that property

o   latent defect provided it was part of the property’s original condition and led to the loss

o   mechanical breakdown

o   rust

B.      This item may seem to only apply to the building, but it can also apply to business personal property. Damage caused by buckling, bulging, contraction, cracking, expansion, settling, shrinkage, or sinking is not covered.

C.     Property may be contaminated by a virus or a pathogen. In such cases, damages to the property and expenses incurred to comply with any governmental directives related to that contaminated property are not covered.

Pathogens or viruses intended for exclusion must have the potential to cause disease in animals, humans, or other creatures. Those that only threaten plants might potentially be covered.  

D.     Coverage does not apply if water leaks or seeps continuously or repeatedly due to a problem or condition in an appliance or system that the named insured was aware of but failed to repair.

E.      Movement of land, ground, or earth, whether on the surface or beneath it, is excluded. This movement can result from natural or human activities. This exclusion applies to the following but is not limited to only these:

·         collapsing of land, ground, and/or earth, except for sinkhole collapse

·         pressure, rising, shifting, sinking, sliding

·         subsidence

·         landslide

·         mine subsidence

·         mudflow/mudslide

·         rockslides/falls

NOTE: This is not the only exclusion related to earthquake or earth movement. Refer to Common Exclusions–Parts I and II. 1. Earth Movement/Earthquake/Volcanic Activity is the other.

F.      Damage to personal property caused by marring or scratching

G.     Coverage excludes smog, which is a mixture of vehicle and industrial emissions, as well as smoke generated by agricultural or industrial activities.

15. Weather / Related Exclusion

A.      Coverage B

The following exclusions apply only to Coverage B–Business Personal Property:

1.      Loss resulting from temperature fluctuations or extremes, as well as from atmospheric moisture levels being damp or dry is not covered.

2.      There is no coverage for damage to business personal property inside a building or structure when that damage is caused by hail, ice, rain, or snow entering the building.

However, coverage applies in the following situations:

a.      When Expanded Coverage is selected on the Declaration and applicable to the building or structure.

b.      When elements enter the building or structure through openings in the exterior walls or roof caused by any covered cause of loss.

3.      When business personal property is outdoors, it is not covered for any losses caused by any of the following:

·         Freezing

·         Rain

·         Hail

·         Ice

·         Sleet

·         Snow

B.      All Property

The following weather-related exclusions apply to all covered property:

1.      Drought

2.      Any and all other weather conditions not drought related.

This part of the exclusion applies only when such conditions contribute with an event, condition, or cause the policy otherwise excludes.

NOTE: This is an anti-concurrent causation exclusion.

Related Article: Concurrent Causation–A Discussion

If a loss covered by this policy occurs, the resulting loss is covered.

PART I F – OPTIONAL COVERAGES

The following optional coverages do not change or expand any policy provisions except for those explicitly specified in the selected optional coverage.

The only options that apply to the policy are those specifically listed in the Declarations or the Declarations Supplement.  

1. Burglary and Robbery Coverage

This optional coverage covers the named insured against loss caused by burglary or robbery of the following property:

A.      Property covered under Coverage B – Business personal property. There is no sublimit, so the full limit shown on the Declaration for all other causes of loss applies to a burglary or robbery loss.

B.      Money or securities used by the named insured in its operations. There is a sublimit for this coverage, which is indicated on the declarations. Separate limits are required for On-premises and Off-premises coverage.

1.      On Premises

Money and securities are covered when kept within the premises listed on the Declarations or within a bank. If located within a premises similar to a bank, coverage applies.

NOTE: A keyword is 'within'. Money and securities must be located inside the premises. If money and securities are outside an owned building, leased space, or a financial institution location, it would not be considered on premises.

2.      Off Premises

Money and securities are covered while being transported. They can be carried by the named insured, a partner, an authorized officer, or an employee. Coverage applies only when moving between on-premises locations, such as from the named insured’s office to the bank. It also includes stops made along the way or at the carrier's living quarters, as long as those quarters are not the final destination.

NOTE: Coverage is provided when money and securities are en route. A question arises as to how long the money and securities can remain in the living quarters and still be considered en route. Another question is whether the person carrying the items must always keep them with them for coverage to apply. However, these questions do not appear to hinder coverage since they are unspoken.

C.     This optional coverage is subject to a $200 deductible. Another deductible may apply if shown in the policy or on the Declarations.

D.     This optional coverage is only available if Coverage B is subject to Basic Plus Coverage.

Example: Juanita is assaulted, and the deposit she had prepared is stolen from her.

Scenario 1: The attack takes place inside her office suite. This is covered as on premises burglary and robbery.

Scenario 2: The attack happens in the building's common hallway near the elevator. This is covered as an off premises burglary and robbery.

Scenario 3: The attack happens at Juanita’s home. This is covered as off premises burglary and robbery, but only if the deposit was in transit to the bank.

Scenario 4: The attack occurs inside Juanita’s bank. This is covered as on premises burglary and robbery.

2. Outdoor (Exterior) Building Glass Coverage

This optional coverage includes direct physical loss to outdoor building and entrance glass at the described premises. It also covers encasing frames and any lettering or ornamentation on the glass.

The glass must either be owned by the named insured or be in their care, custody, and control, and it must be located on the premises the named insured occupies.

The following expenses are also covered, but only if they are incurred due to a covered loss:

·         Boarding up damaged openings

·         Temporary repairs

·         Temporary plate glass

·         Removing obstructions in order to repair the glass

The word “exterior' replaces “outdoor” when insuring building and entrance glass.

Example: Patty’s Make up Mart is located inside the Fashion Mall. The store features two plate glass windows facing the mall’s interior, which are considered exterior glass and are covered.

All exclusions under Part I E – Losses Not insured are eliminated, except for the following which will continue to be excluded:

·         7. Intentional Loss Exclusion

·         12. A. Wear, Tear, and Other Specified causes of Loss Exclusions.

No deductible applies.

NOTE: The three Parts I and II Common Exclusions continue to apply.

PART I G – SPECIAL PART I CONDITIONS

1. Duties when Loss / Danger of Loss Occurs

The following duties apply not only to the named insured but also to any other insured and to anyone who would benefit from this coverage.

A.      Report the Loss

Immediate written notice must be provided to the insurance company. If a violation of the law has occurred, the police must also be immediately notified.

The insurance company should receive additional details about the loss, such as when, where, and how it happened, as soon as possible. "Immediately" refers to the notification, while "as soon as possible" refers to the details.

NOTE: This indicates that even if the insured party does not have all the details right away, they are still required to report the loss. 

B.      Protect Property

The named insured, other insureds, and beneficiaries are responsible for protecting the property. They must act if the property faces imminent danger or after a covered loss has happened to prevent further damage. Examples include boarding up windows and doing temporary repairs. The insurance company will cover these costs if they are reasonable and necessary.

NOTE: If the loss is not covered, the insurance company will not pay for these expenses. However, it is essential for the insured to understand that mitigation should be performed regardless of coverage to protect their property.

The named insured must take necessary steps at their own expense to prevent damage to the insured property. Once they, their employees, or anyone operating under their authority notices a condition that could cause a loss, they are required to undertake reasonable maintenance, construction, or repair measures to prevent it. Several examples are given, but as the policy states, it is not realistic to list all possible conditions. Ultimately, the named insured should act as a responsible tenant and/or building owner, ensuring roofs are repaired, leaks are fixed, and floor supports are installed as needed.

The policy does not cover any additional loss resulting from the named insured’s failure to fulfill these duties. The named insured must use other insurance or pay for the loss out of pocket.

C.     Cooperation on the Loss

The insurance company has specific requirements or requests that must be fulfilled if a loss occurs. These steps might need to be repeated, but they must be reasonable.

1.      Covered property that is damaged or undamaged must be accessible for the company’s inspection or examination. The insurance company may also take samples of such property for further examination.

2.      The following records and documents must be submitted for review and copying.

·         accounting procedures

·         documents

·         leases

·         affidavits

·         evidence  

·         receipts

·         books of accounts

·         financial records

·         records

·         bills

·         inventory (see d. below)

·         tax returns

·         contracts

·         invoices

·         vouchers

·         deeds

·         liens

·         other sources of information or facsimiles acceptable to the insurance company  

3.      All must be willing to be examined under oath and have the interview recorded by audio or on video. Each person must sign and swear to their own statement. If several statements are needed by different people, the insurance company can interview each person separately.

4.      Cooperation is expected during the insurance company's investigation or settlement of any claim.

D.     Inventory

An inventory must be prepared when requested by the insurance company. It must be signed before submission. The inventory needs to list both damaged and undamaged items, including the following details for each one:

·         age

·         description

·         quantity

·         actual cash value (if property is valued this way)

·         replacement cost (if property is valued this way)

·         source  

·         amount of loss claimed

The damaged property should be separated from the undamaged items to facilitate inspection by the insurance company. As much as possible, the damaged property should be arranged in an orderly manner for examination.

E.      Statement of Loss / Proof of Loss

A statement must be provided to the insurance company and must include the information described in items C.2. and D. above. The insurance company may request additional information, but any such request must be reasonable. This information will be used to determine the following:

·         coverage

·         the insurance company’s liability

·         amount of loss

·         scope of the loss

·         specifications of the buildings that were damaged

The statement must also include repair estimates, along with all supporting details.

Only when specifically required by the insurance company, a signed and sworn proof of loss must be submitted within 60 days of the request. The proof of loss must include the following:

·         All information described in the paragraphs above.

·         Other relevant information known and available to the named insured and others, such as:

o   Time of loss

o   Cause of loss

o   The named insured’s interest in the property

o   The interests of all parties involved in the property, including any encumbrances

o   Any insurance policies that could cover the loss

o   Details of any changes during the policy period related to occupancy, title to, or use of the property.

If any of the above or policy conditions are not met, the insurance company’s obligations under this policy may be altered or completely nullified.

2. How Losses Are Settled

A.      Limits of Liability

The items to be evaluated for settling losses are listed below. The insurance company's liability is the smallest of the following:

1.      The replacement cost or actual cash value of the property at the time of loss, depending on the valuation specified on the Declarations. However, this amount is limited and cannot exceed the lesser of the following:

·         The cost to repair or replace the property with like kind and quality at the described premises and intended for the same use.

NOTE: There is no requirement for the building to be rebuilt on the described premises or to have the same occupancy. It only limits the payment amount to the cost of rebuilding on the described premises with the same occupancy.

Example: Presley Office Supplies operates two retail stores and one warehouse. The warehouse suffers damage due to a covered loss. Presley intends to use the claim proceeds to relocate and convert the warehouse into a retail space. The costs are as follows:

Cost to rebuild the warehouse structure at the existing premises    

$120,000

Cost to furnish the warehouse occupancy at the existing premises    

$  50,000

              Total:  

$170,000

 

 

Cost to build/purchase a retail location  

$200,000

Cost to furnish the retail location            

$100,000

Total:

$300,000

The insurance company will pay no more than $170,000, so Presley will need to pay the remaining $130,000.

·         The actual amount spent to repair or replace the property. This applies even if the actual cash value is higher.

2.      The insurance limit shown on the Declarations or the Declarations Supplement that applies to the loss.

3.      The insurable interest of the named insured or any mortgagee as listed on the Declarations.

B.      Deductible

The insurance company pays for the loss amount in a single occurrence that exceeds the deductible listed on the Declarations. Coverage C is not subject to a deductible.

C.     Bases of Settlement

1.      Replacement Cost

Losses under Coverage A and Coverage B are typically determined using replacement cost valuation unless the policy states otherwise. This valuation generally applies only if the repair or replacement occurs at the specified premises, although the insurance company might waive this requirement. One common reason for waiving it is if building regulations prohibit rebuilding on the original site. Other justifications can be presented to the insurer; if they accept these reasons, the replacement cost will be provided even if rebuilding occurs off the described premises.

The company is not required to pay replacement cost until the repair or replacement is completed. The only exception is when the total cost of the repair or replacement is less than the replacement threshold on the Declarations Supplement.

The named insured can initially settle the claim based on actual cash value and later request payment based on replacement cost after repairs are finished. This replacement cost claim must be submitted in writing within 180 days of the actual cash value settlement. If the insurance company proposes to settle on actual cash value and the named insured rejects this offer, the 180-day deadline starts from the date the company made the initial offer.

2.      Actual Cash Value

Replacement cost is the standard valuation for Coverage A and Coverage B. However, for certain property types and situations, the loss is settled based on the covered property’s actual cash value at the time of loss. There are several factors involved in calculating the actual cash value, which are detailed in the Glossary section of this policy.

3.      Money or Securities

The insurance company will not pay more than the lesser amount specified below for any covered loss involving money or securities:

a.      At the time of loss, the actual cash value of the money or securities.

b.      At the time of settlement, the cost to replace the securities with equivalent property at market value.

NOTE: Valuing securities based on their market value at settlement, rather than at the time of loss, might adversely affect the insured. This approach differs from the ISO method, which determines value based on market value at the time of loss.

If multiple locations are covered, the Off Premises limits are not cumulative. Each location limit applies only to losses at that location.

4.      Tenant’s Improvements and Betterments

If the named insured pays to replace or repair the improvements or betterments they have made in a building they occupy as a tenant, a settlement will be based on either the actual cash value or the replacement cost. The default valuation is replacement cost but can be actual cash value if specified on the Declarations or elsewhere in the policy.

If the named insured does not cover the cost of replacing improvements or betterments, the settlement will be proportional to the actual expenses they paid. The proportion is calculated based on the remaining lease term and the timing of when the improvements and betterments were made.

D.     Abandonment of Property

The insurance company has the exclusive right to determine when to take property as salvage. No one can compel the insurance company to accept property regardless of its location or condition.

E.      Appraisal

1.      The insurance company and the named insured may negotiate but might not agree on the values or the amount of a loss. If that happens, either party can request an appraisal to determine the loss amount or value. After that, each party has 30 days to choose an independent, qualified appraiser and notify the other party of their choice.

2.      An umpire is then chosen. The appraisers must collaborate to pick an umpire who is both impartial and qualified. They have 15 days to make this decision. If they fail to agree, either party can ask the court of record in the jurisdiction to appoint the umpire.

3.      Appraisers are responsible for determining the values or the amount of loss within a limited, reasonable timeframe. If they are unable to do so, they must submit the differences to the umpire. Any agreement between two of the parties, whether written or verbal, confirms the value or the loss amount.

4.      The cost of this condition is outside the policy's limits. As a result, each party pays its own expenses and the cost of its own appraiser. They split the umpire's cost.

5.      This condition establishes only the values and/or the loss amount; it does not define coverage. Therefore, the insurance company may still deny the claim even after the appraisal process.

F.      Loss to a Portion of a Pair or Set of Articles – Coverage B

1.      One or more portions of a pair or set may be damaged or sustain loss. In that case, it is not considered a total loss unless the remaining parts have no use value and it is unfeasible to repair or replace the remaining portion.

2.      When the insurance company declares the loss as total, the remaining parts of the set or pair must be handed over to the insurance company before any payment is made. This requirement applies only if the insurance company requests the remaining portions.

NOTE: There is no proportional adjustment if a set loses part of its value but not all of it. This means the set’s value is not considered unless it is a total loss. For example, a table with four chairs is not a total loss if only one chair is damaged. In that case, the damaged chair is valued as just one chair, not the difference between the full set and the remaining three chairs.

G.     Our Liability and Satisfaction of Your Loss

This policy’s limit of insurance might not fully cover the named insured’s loss. If that happens, the named insured can either seek coverage through another insurance policy or handle the remaining cost of loss themselves.

This policy’s limit of liability is not reduced when a loss is paid, unless that limit is subject to an aggregate.

H.     Our Options in Settling Losses–Coverages A and B

1.      The insurance company may settle the loss by paying money.

2.      According to policy provisions, all or part of the property may be repaired or replaced. The insurance company may take all or part of the property based on a mutually approved value or appraisal.

The insurance company must notify the named insured of its intended course of action within 30 days of receiving proof of loss and accepting liability for the loss.

3.      The claim may be settled with the named insured, a loss payee if listed in the policy, or any other legally entitled party. If the property belongs to someone else, the loss is settled directly with the property owners. Once the owners agree, any claim the named insured has for that property is considered settled.

The insurance company has the right to manage and oversee the defense if a legal case is filed against the named insured due to a claim. The defense expenses are covered within the policy limits.

NOTE: This means that each dollar of defense reduces the liability limit by one dollar to cover any claim.

I.        Recovery of Covered Property

NOTE: This condition gives the named insured all of the options.

Either the named insured or the insurance company can recover lost property once the company has settled the loss. In such cases, the named insured has two options:

·         keep the settlement and let the insurance company keep the property that was recovered.

·         keep the recovered property and return the payment received.

It is important to note that the named insured must notify the insurance company if they recover the property.

J.        When Loss Becomes Payable / Payment to Others

1.      The insurance company is required to pay a covered loss within 30 days of reaching a written agreement with the relevant parties or after an award is filed, as per policy conditions. Making this payment does not reduce the amount of insurance available for future claims.

2.      The insurance company determines how it compensates other interested parties involved in the loss. These parties may include:

·         Governmental entities

·         Mortgagees

·         Secured parties

·         Others with contractual, legal, or statutory loss payable rights

The insurance company may make a joint payment to all involved parties. Alternatively, it can choose not to pay a loss assignee if the named insured has not provided an assignment of the loss.

3.      The insurance company can negotiate and make payments to an insurance trustee named in the policy. Payments are limited to the interests represented in the policy.

3. Other Special Conditions

A.      Mortgagee Clause

Mortgagees named on the policy are entitled to the benefits specified in this condition. Their coverage extends to loss, but is limited to their interest in the property and following their order of precedence, such as first mortgagee, second mortgagee, and so on. The sequence in which they are listed on the declarations does not change this order.

This condition also extends to trustees and secured parties named on the policy, provided they adhere to the following policy conditions.

Coverage is provided only if the mortgagee:

1.      Notifies the insurance company immediately of any of the following that it becomes aware of:

·         Ownership change

·         Occupancy change

·         Foreclosure proceeding

·         Increased hazard 

2.      Pays the premium required by the insurance company if the named insured does not.

3.      Provides proof of loss within 60 days after the insurance company requests it, if the named insured does not.

4.      Waives its rights to seek recovery from others responsible for the loss. However, this does not affect its right to recover the full amount of the claim.

5.      Allows the insurance company to receive full assignment of the mortgage after it pays the loss. The insurance company must satisfy other mortgage requirements to obtain the assignment and also receive any collateral securities that accompany the debt.  

NOTE: This means the insurance company becomes the named insured’s new mortgagee if it decides to pursue the full assignment.

The insurance company protects the mortgagee’s interest even if it denies the claim made by the named insured.

The insurance company may cancel the policy in accordance with the cancellation provisions outlined in the Common Condition.

B.      No Benefit to Bailee

The policy does not cover any party holding the insured’s property for a fee or payment, including for-hire carriers.

C.     Vacancy, Unoccupancy, and Other Increase in Hazard

1.      Coverage is suspended if a covered building remains vacant for more than 60 consecutive days. A vacant building is defined as one no longer containing typical contents for its usual use. The only exception is buildings under lawful construction or renovation.

Related Court Case: Sprinkler System Renovation in Building Did Not Render It Occupied: Vacancy Exclusion Applied

2.      Coverage is suspended if a covered building remains unoccupied for more than 60 consecutive days. The only exception is during seasonal periods when the building is normally closed, in which case it is not considered unoccupied.

3.      The insurance company’s liability covers the hazards contemplated in the application and supplemental information. However, it does not cover exposures not considered in the application, within the insured’s control, or resulting from hazards caused by others when the named insured allows them to manage the premises in their absence, which increases the risk exposure.

Lawful building modifications, routine maintenance, repairs, or construction do not constitute increased hazards unless they increase the risk and exposures.

4.      An increase in hazard includes any changes that affect any of the following:

·         use of the premises

·         rates for this insurance

·         acceptability of the hazard or risk to the insurance company, including any breach of conditions that formed the basis of acceptance

·         conditions the underwriter established to write the risk

·         physical conditions required for the specific hazard

·         ongoing, consistent use and effectiveness of all protective safeguards required by the insurance company or those for which the premium was developed.

NOTE: Usually, a discount is given because these types of protective devices help mitigate loss. If discounted, the insurance company expects them to be functioning properly and used consistently. 

·         circumstances that would affect the coverage scope, covered causes of loss, or insurance amounts typically accepted for the hazard or risk.

PART II A – MAIN LIABILITY COVERAGES

Application of This Insurance (Part II)

Insurance under this policy applies to liability only if it arises from the following:

·         The named insured’s premises

·         The named insured’s operations or business

·         Coverage applies only if the premises, operation, or business is stated on the Declarations or elsewhere in the policy.

·         New premises, operations, and businesses the named insured acquires are covered as defined in the definition of insured in the Common Glossary–Parts I and II. All provisions for the insured’s business, operations, and premises also apply to new acquisitions unless the policy states otherwise.

The liability coverage is provided only as described and limited in the policy.

The insurance company has no obligation to offer any insurance, service, or cover any expenses or amounts beyond those explicitly outlined and insured in the policy.

Coverage E – Liability to Others

A.      The insurance company will only pay if the insured is legally responsible for bodily injury or property damage covered by this policy. Payments are made for the benefit of insureds, not just the named insured. The amount paid is limited to the liability limits specified in the Declarations.

The considerations for bodily injury and property damage depend on the specific time and place, as follows:

1.      The event that leads to bodily injury or property damage must occur within the coverage territory. This territory is specified in Common Conditions–Parts I and II 6. Coverage Territory.

2.      The bodily injury or property damage must occur during the policy term.

3.      Before the policy started, neither the insured nor any employee authorized by the named insured to handle claim notices knew if bodily injury or property damage had occurred, whether fully or partially. If any insured was aware of the injury or damage before the policy began, then any new development, ongoing issue, or recurrence of the injury or property damage during or after the policy period will be regarded as known prior to the policy's inception.

The term damages as it relates to bodily injury covered by this policy encompasses more than just physical harm to the injured party. It also covers claims made by others for care, death, or loss of services resulting from that bodily injury.

B.      This policy applies to bodily injury or property damage that occurs during the current policy period and continues or resumes after the policy ends, provided that one of the following conditions is met:

·         The bodily injury or property damage did not occur before the start of the current policy period.

·         The bodily injury or property damage occurred before the current policy period, but neither the insured nor an authorized employee was aware of it.

C.     It is very important to determine when bodily injury or property damage is known to have occurred. That date determines which policy pays the loss. It is the earliest of the following times for any insured or employee authorized to receive or give notice of either a claim or an occurrence:

·         Reports bodily injury or property damage to the insurance company that issued the policy or to any other insurance company. The report may cover only part of the injury or damage, or it may cover all of it.

·         Receives a demand, claim, or legal action for damages resulting from bodily injury or property damage. This demand, claim, or suit can be made verbally or in writing.

·         Is made aware that bodily injury or property damage has taken place or is actively happening. This includes any indication of a loss.

D.     The insurance company is not required to pay for damages not covered by the policy or to pay more than the policy’s liability limits for a covered loss.

Coverage F – Medical Payments to Others

A.      Medical expenses incurred by others due to an accident are covered. These expenses must be reasonable and necessary, and must be reported to the insurance company within three years of the accident. The claim can be reported by either the named insured or the person receiving the benefit. Payment is limited to the limit of liability shown on the Declarations.

Coverage applies if the accident occurs within the coverage territory and during the policy period as defined in the Common Conditions. The accident must occur as follows:

·         On the named insured’s premises; or  

·         Away from the named insured's premises, but only if the accident arises out of a condition at those premises or out of the business/operations covered by the policy. 

This coverage does not require proving fault or legal responsibility for it to apply. It also means that the insurance company paying the medical expenses does not admit liability for the injury. If the bodily injury from the accident is covered by this policy, then the medical expenses are also covered. Conversely, if the bodily injury is not covered under the policy, the medical expenses are not covered either.

B.      The only expenses paid under this coverage are as follows:

·         Services for:

o   ambulance

o   dental

o   funeral

o   hospital

o   medical

o   professional nursing

o   surgical

o   x-ray

·         prosthetic devices

·         drugs

·         surgical supplies

PART II B–SUPPLEMENTAL COVERAGES

None of the policy provisions are changed by any of the following supplemental coverages, except when a specific change is explicitly stated within a particular supplemental coverage.

1. Defense Coverage

A.      The insurance company defends lawsuits filed against insureds, but this is not unconditional. The damages claimed must relate to covered bodily injury, property damage, or personal/advertising injury. The insurance company chooses the legal counsel for the defense.

There will be no investigation and/or defense for any claim or insured when:

·         Suits are seeking damages not covered by this policy.

·         Allegations made within a lawsuit are not covered by the policy.

·         The insurance company's payments for judgments and settlements have been exhausted.

B.      The insurance company decides which claims to settle and which suits to defend. Its decisions must be reasonable.

NOTE: This means even if an insured believes a defense should be provided to protect its reputation, the insurer can proceed with the settlement. The only recourse for the insured is to assume the defense and relinquish its right to insurance coverage.

C.     The insurance company covers various defense costs, which are separate from the liability limits for claims. These costs are only paid when the company defends a lawsuit, and the expenses are related to that specific case. The expenses paid are as follows:

1.      All expenses incurred by the insurance company.

2.      Interest that accrues from the date a judgment is entered until the insurance company pays, offers to pay, or deposits with the court the amount of the judgment within the limit of liability.

3.      Prejudgment interest charged to any insured on the portion of the judgment the insurance company pays. However, an exception applies: prejudgment interest is not paid from the time the company offers to pay its liability limit.

4.      Costs the court taxes against the insured

5.      Costs of appeal bonds or bonds to release attachments. These costs are limited to the bond amount within the limit of liability. This means the insurance company will pay up to the limit of liability, and the insured will be responsible for any amount exceeding that limit. The insurance company is not required to supply the bonds or to find a market that will do so.

6.      Expenses the insured incurs at the insurance company’s request, including up to $250 per day for lost earnings while it assists the insurance company.

NOTE: The insured can choose to attend court daily. However, the $250 applies only on the days when the insurance company requests their presence.

The term suit is broadened to include alternative dispute resolution proceedings under either of the following circumstances:

·         The insured is required to submit to the proceedings.

·         The insured chooses to submit to the proceedings with the insurance company’s prior written approval.

2. Contractual Coverage

A.      Coverage E extends to cover the named insured’s liability for damages to others, including bodily injury or property damage, if applicable under the policy and if the insured explicitly assumes liability for another through the following oral or written agreements.

Item 1

·         A required indemnity agreement with a municipality must be based on a law or ordinance. It does not include any agreement related to work performed for the municipality, except as specified in Item 2 below.

·         Easements do not cover work on railroads or within 50 feet of them. Similarly, any risks associated with railroad-type activities are not included under Item 2. below.

·         Premises lease or elevator maintenance agreement, excluding fire or explosion damage

·         Sidetrack agreement  

Item 2

Any contract where the named insured expressly assumes another party’s tort liability. The bodily injury or property damage must be partly or fully caused by the named insured or by others acting on its behalf. The liability is limited to the amount contributed by the named insured or those acting on their behalf.

This item does not apply to contracts described in item 1. above. It also does not apply to tort liability imposed by law when there is no contract.

Related Court Case: Teacher's Alleged Negligence on School Trip Deemed Covered

B.      Part II C – Liability Not Insured 2. Automobiles / Aircraft / Watercraft and Unmanned Aerial Vehicles / Drones Exclusion does not apply to any covered contracts described in Item 2. above that pertain to maintaining, using, or owning aircraft, watercraft, or unmanned aerial vehicles.

C.     This Supplemental Coverage only covers contracts related to the premises described in the policy or the insured's business operations. Coverage applies to bodily injury or property damage that occurs after the contract is signed.

3. Employers Liability for Nonowned Automobile Coverage

A.      This Supplemental Coverage applies exclusively to Coverage E – Liability to Others. It covers bodily injury or property damage resulting from the use of nonowned automobiles in the named insured’s business. The coverage also includes loading and unloading activities for these vehicles. However, this coverage is only applicable under the following conditions:

1.      Use can be by anyone with the named insured’s permission. It is limited exclusively to nonowned four-wheel private passenger automobiles, station wagons, or private passenger type four- or six-wheel vans.

This supplemental coverage does not apply if the named insured, their partners, or members of either of their households use the nonowned vehicle.

2.      Employees of the named insured occasionally and infrequently use a nonowned truck-type vehicle. These vehicles must be designed to carry goods or materials on public roads.  

B.      The following are not regarded as insureds under this Supplemental Coverage:

·         When a partner, executive officer, or a household member owns the nonowned vehicle, they are not an insured under this coverage.

·         The owner of any nonowned automobile, along with the owner's agent and employee, are not considered insureds.

C.     This supplemental coverage applies only if the primary automobile liability insurance is provided under another policy carried by others or the named insured.

Trigger Endorsement: If BU 50 04 is shown on the Declarations as an endorsement, this Supplemental Coverage – 3. Employers Liability of Nonowned Auto Coverage does not apply.

Related Article: MSO Businessowners Policies Trigger Endorsements

D.     Glossary

This Supplemental Coverage defines a nonowned automobile as having the following characteristics:

·         not owned by the named insured

·         not leased or hired directly by the named insured or by anyone acting on behalf of the named insured

·         not registered to the named insured’s

·         not loaned to the named insured unless it is loaned by any of the following to the named insured:

o   named insured’s employees

o   named insured’s executive officers

o   named insured’s partners

o   members of any household listed above

4. First Aid Expense Coverage

Reasonable medical expenses incurred during first aid to others following an accident are covered, provided they are administered at the scene. The only exception is if the policy excludes coverage for bodily injury.  

5. Incidental Alcoholic Beverage Coverages

Part II C – Liability Not Insured – 1. Alcoholic Beverage Exclusion eliminates coverage in most situations involving the use, serving, or furnishing of alcohol. However, this Supplemental Coverage extends Coverage E–Liability to Others for situations where the insured furnishes, gives, serves, or uses alcoholic beverages. It covers bodily injury or property damage caused by the named insured allowing specific activities, as long as a license is not required. Coverage applies as follows:

A.      When the named insured serves, provides, or distributes alcoholic beverages free of charge.

B.      When the named insured permits others to bring alcoholic beverages onto the described premises without charging and allows these beverages to be consumed on the premises.

C.     Trigger Endorsement:

If BU 50 05 appears on the Declarations as an endorsement, this Supplemental Coverage extends to cover situations where a charge is made for alcoholic beverages or where others are permitted to bring such beverages onto the premises for consumption.

This exception applies only when alcohol-related activities are minor or incidental to the named insured’s business. Operations involving the distribution, manufacture, or sale of alcoholic beverages are excluded and must not be part of the insured's operations.  

Related Article: MSO Businessowners Policies Trigger Endorsements

6. Incidental Automobile Coverage

This Supplemental Coverage extends Coverage E–Liability to Others. It covers bodily injury or property damage due to the following:

A.      The parking of any automobile on the named insured’s premises is permitted, but only if the vehicle is not borrowed, owned, or rented by any insured.

B.      The operation of any of the following, but only if they are permanently attached to an automobile:

·         air compressors

·         generators

·         pumps

·         equipment used to clean buildings or for geophysical exploration

·         lighting

·         spraying

·         welding

·         well servicing

·         devices used to raise or lower workers. An example is a cherry picker.

C.     Operating a device permanently attached to mobile equipment. However, coverage does not apply if the mobile equipment is subject to compulsory or financial responsibility laws, or similar motor vehicle laws, in the state where it is principally garaged.

NOTE: See the definition of mobile equipment for qualifying equipment.

7. Incidental Fire and Explosion Legal Liability Coverage

This Supplemental Coverage extends Coverage E–Liability to Others. Coverage applies only to property damage. It has a separate liability limit listed on the Declarations, located next to Fire and Explosion Liability. The basic limit is $50,000, but this limit can be modified.

A.      Coverage is provided for property damage caused by a fire or explosion at a premises not owned by the named insured but rented or occupied by the named insured.

B.      Trigger Endorsement: If BU 50 08 appears on the Declarations as an endorsement, coverage also extends to property damage caused by any accidental and physical loss that occurs at a nonowned premises, which is either rented or occupied by the named insured.

Related Article: MSO Businessowners Policies Trigger Endorsements

8. Incidental Medical / Professional Liability Coverage

This Supplemental Coverage extends Coverage E–Liability of Others. It does not apply to any insured or any indemnitee of an insured engaged in the business or profession of supplying medical services, nursing services, drugs, or medical supplies.

Coverage applies to bodily injury caused when the named insured provides incidental medical services, nursing services, drugs, or related supplies, but only if both of the following apply:

·         service is provided for the benefit of others

·         no charge is made for the service

Example: Great Ice Cream Shop is selling ice cream at a community market event. Marcia, an employee, sees Jerry trip and fall. She quickly uses a first aid kit to help, applying ointments and bandages that seem suitable. Jerry leaves looking fine. However, Marcia is surprised to learn that Jerry is suing Great Ice Cream and Marcia due to an allergic reaction from the ointment and bandages. Great Ice Cream Shop’s Incidental Medical Malpractice will cover the loss.

9. Incidental Mobile Equipment Coverage

This Supplemental Coverage expands Coverage E–Liability of Others to include mobile equipment, covering bodily injury or property damage caused by owning, maintaining, using, loading, or unloading such equipment.

10. Incidental Watercraft Coverage

This Supplemental Coverage extends Coverage E–Liability of Others to include bodily injury or property damage arising due to any of the following:

A.      Watercraft ashore and on the premises of the named insured. This excludes premises the named insured has sold, transferred to others, or abandoned.

B.      The named insured's direct actions cause the incident. The watercraft cannot be owned, loaned, or rented to any insured. This direct action does not include supervising others or entrusting watercraft to others.

C.     Watercraft under 26 feet not owned by the named insured, provided no fee is charged when used to transport people or cargo.

11. Personal Injury / Advertising Injury Coverages

A.     Liability to Others

The insurance company will cover personal injury or advertising injury losses covered under this policy, provided the insured is legally liable. Payments are made on behalf of all insured parties, not just the named insured. The total payout is limited to the liability limits specified on the Declarations or Declarations Supplement.

The offense leading to personal injury or advertising injury must occur:

·         Within the coverage territory or it may take place through an electronic means of communication such as the internet. The coverage territory is defined in Common Conditions Parts I and II – 6. Coverage Territory.

·          During the policy term.

The Supplemental Coverage applies only to the following:

1.      Advertising Injury

Covers offenses that occur when the named insured advertises goods, products, or services related to their business or operations covered by this policy.

2.      Personal Injury

Covers offenses arising from misconduct in the named insureds business or operations covered by this policy. However, this excludes those offenses related to advertising, broadcasting, publishing, or telecasting conducted by you or on your behalf.

B.     Liability Not Insured (Additional Exclusions)

The following exclusions apply to this Supplemental Coverage – 11. Personal Injury / Advertising Injury Coverage. It does not apply if damages or liability are directly or indirectly caused by, result from, or worsened by any of the following:

Personal Injury / Advertising Injury Exclusions

1.      There is no coverage for injury arising from material published, orally, in writing, or electronically if all of the following apply:

·         An insured or someone acting under any insured's direction published the material.

·         An insured or someone acting at any insured's direction knew the material was false or that it violated another's rights.

·         The insured or someone acting at any insured's direction knew that the publication of the material would inflict injury.

2.      Coverage does not apply to injuries caused by material published, whether orally, in writing, or electronically, if that material was initially published before the policy period began.

3.      If professional advice or services are provided and an injury results, that injury is not covered. This applies even if the injury occurred because the required advice or service was not provided, but it should have been.

4.      When an insured assumes liability in any form, whether implied, explicit, oral, or written, there is no coverage for injuries related to that assumed liability. However, there is an exception if the liability would have been covered without the assumption of liability.

5.      If the named insured is a joint venture, partnership, or limited liability company, then when the injured party is the named insured, including its members or partners.

6.      There is no coverage for injuries resulting from an insured hosting, owning, or controlling an electronic bulletin board, social media platform, chat room, or blockchain.

NOTE: This applies only when the insured hosts, owns or controls. Coverage remains for those who utilize these products and services.

7.      Injury due to methods used to mislead current or potential customers of others through the unauthorized use of the other’s name or product in any of the following is not covered:

·         The named insured’s email address

·         The named insured’s domain name

·         The named insured’s metatag

·         The named insured’s social media pages

Methods that are similar but not explicitly described above are also not included. This additional item is necessary because technology changes rapidly.

        Advertising Injury–Additional Exclusions

1.      If an injury occurs due to a breach of contract, there is no coverage. However, there is an exception: coverage applies to breaches of implied contracts, but only if the breach involves the misappropriation of an advertising idea.

Example: Kelly is excited about her fantastic advertising idea for her favorite clothing store, Manny’s Fashions. She feels so confident about her idea and the product that she emails it to Manny’s. She later receives a reply thanking her for her support.

To Kelly’s surprise, she sees a commercial three years later that uses her idea. She then sends another email asking for recognition and compensation. Manny’s refuses. Kelly then sues Manny’s for breach of contract.

Manny’s insurance company defends Manny because of the exception in the exclusion.

2.      If an injury occurs because goods, products, or services fail to meet the advertised quality or performance, that injury is not covered.

3.      There is no coverage if an injury results from inaccurate descriptions of the advertised price of goods, products, or services.

Example: Jessie’s Appliance Shop’s advertisement should have advertised ten notebooks for $1.00 each, but it only mentioned ten notebooks for $1.00. Jessie is sued for false advertising after refusing to honor the advertised price. Her insurance company declines to defend her due to this exclusion.

4.      An injury caused by offenses committed by an insured in any of the following types of businesses is not covered.

a.      Telecasting, broadcasting, advertising, or publishing

b.      Designing websites for clients, including determining the content.

c.      Providing Internet-related services, content, access, and search functionalities.

C.     Glossary

This glossary applies specifically to Part II B – Supplemental Coverage – 11. Personal Injury / Advertising Injury Coverage.

Advertising Injury

1.      Infringing on copyright, slogan, title, or trade dress

2.      Misappropriating ideas related to advertising or business practices. This essentially amounts to theft.

3.      Distributing content through oral, written, or electronic means that does one of the following:

·         Libel or slander directed at an organization or individual.

·         Belittles an organization or individual's goods, products, or services.

4.      Publishing material, whether orally, in writing, or electronically, that infringes upon an individual's right of privacy.

NOTE: This item does not mention violating an organization’s right of privacy.

Personal Injury  

1.      Wrongful imprisonment, detention, or arrest

2.      Deliberately pursuing a malicious prosecution.

3.      Publishing material orally, in writing, or electronically that does one of the following:

·         Libel or slander directed at an organization or individual.

·         Belittles an organization or individual's goods, products, or services.

4.      Publishing material, whether orally, in writing, or electronically, that infringes upon an individual's right of privacy

5.      This item applies only if the landlord, owner, or lessor of the premises commits, or has others commit on its behalf, any of the following acts:

·         Unlawfully entering any private premises a person occupies

·         Unlawfully evicts a person from a private premises they occupy

·         Unlawfully invades a person’s right of private occupancy of their private premises

Advertising Injury / Personal Injury does not include bodily injury or property damage.

Example: Gratings, Inc. issues a public statement claiming their former CEO, Jessica, was dismissed due to inappropriate conduct. Her family abandons her, and she faces rejection from her industry. Despite denying the allegations, Jessica falls into depression and attempts to take her life. Although she survives, she incurs substantial medical costs.

After receiving therapy, she stabilizes and files a lawsuit against Gratings for personal injury and injuries related to her suicide attempt. The company's insurance will cover and defend the personal injury claim but will not cover the injuries resulting from the suicide attempt.

The only exclusions in Part II C – Liability Not Insured that apply to Personal Injury / Advertising Injury are:

·         5. Data Breach Exclusion

·         6. Electronic Aggression Exclusion

·         7. Employee, Employment, and Related Injury Exclusions

·         9. Fungi / Mold Exclusion

·         11. Pollution / Environmental Damage Exclusion

·         14. Silica Exclusion

·         15. Unmanned Aerial Vehicles / Drones Exclusion

A statement is then included clarifying that personal injury / advertising injury does not cover any expense, liability, damage, or loss that Coverage E–Liability to Others explicitly excludes.

NOTE: This final statement seems to be trying to clarify the coverage, indicating that some items might be considered covered because they're not explicitly excluded here, but they are actually excluded in Part II C – Liability Not Insured.

PART II C–LIABILITY NOT INSURED

The following exclusions apply to liability, damages, costs, or expenses. These exclusions apply whether the damages are direct, indirect, partial, or complete. They also apply even if such damages worsen or stem from a covered loss that occurs concurrently or sequentially. The only exceptions are those stated in the specific exclusion.

Most modifications in this section of the 05 23 edition involve adding phrases such as arising out of, caused by, or resulting from. Although our review may not include these phrases, one or more of them are present in the following exclusions.

·         2. Automobiles / Aircraft / Water Craft

·         3.B., E., and F. Business Activities / Business Risk

·         5.A. Data Breach

·         9. A. Fungi / Mold

·         10. Mobile Equipment

·         11.A. Pollution / Environmental Damage

·         13. Professional Activities

·         14.A. Silica

·         15. B. Unmanned Aerial Vehicles / Drones

·         16. Virus Contamination a. and B.

1. Alcoholic Beverage Exclusion

Bodily injury and property damage resulting from any of the following alcohol-related activities is excluded:

·         Contributing to the intoxication of any person.

·         Providing alcoholic beverages to anyone under the legal drinking age or already intoxicated.

·         Selling, distributing, providing, or using alcoholic beverages in a manner that violates applicable laws, ordinances, or regulations.

Coverage also does not apply to any claim due to allegations of:

·         Wrongdoing or negligence related to the hiring, training, supervision, monitoring, or hiring of others.

·         Providing or not providing transportation to an individual suspected of being under the influence of alcohol.

These are all exceptions to Part II B–Supplemental Coverages 5. Incidental Alcoholic Beverage Coverage.

NOTE: This exclusion applies to all entities, not just those that furnish, serve, sell, or manufacture alcoholic beverages.

2. Automobiles / Aircraft / Watercraft Exclusions (05 23 edition)

Bodily injury or property damage caused by or resulting from any automobile, aircraft, or watercraft operated, owned by, or loaned or rented to any insured is excluded due to the following:

·         Loading or unloading

·         Loading

·         Maintenance

·         Operation

·         Renting

·         Use

·         Entrustment to others (supervised or unsupervised)  

This exclusion also applies to bodily injury or property damage caused by items attached to such automobiles, aircraft, or watercraft. Examples of such items are devices, equipment, machinery, parts, trailers, and semi-trailers.

There are several exceptions to this exclusion under Part II–Supplemental Coverages. See the following:

·         3. Employers Liability for Nonowned Automobile Coverage

·         6. Incidental Automobile Coverage

·         10. Incidental Watercraft Coverage.

3. Business Activities / Business Risk Exclusions

A.      Property damage to the named insured’s work or product is excluded when any part of the named insured’s work or product causes the damage.

There are two exceptions for damage to the named insured’s work:

·         There is coverage if, at the time of the loss, the work was still in progress and not abandoned.

·         There is coverage if the damaged work or the work from which the damage arose was performed by a subcontractor working on the named insured’s behalf.

There are no exceptions for damage to the named insured’s products.

B.      Property damage caused by impairment without actual damage is excluded if it results from one of the following causes:

·         The product or work of the named insured is insufficient, flawed, defective, or in a dangerous condition.

·         The named insured or others acting on its behalf delay or fail to fulfill contractual agreement terms.

There is an exception. If a sudden accident related to the named insured’s work or product occurs after it has been put to its intended use and causes other property to become unusable, the loss of use of that other property is covered.

Example: The old switch on the Print By Demand printing press has been replaced with a new Switching Places switch. It functioned well for two days, but then suddenly shorted out without warning, rendering the press inoperable. Print By Demand could not use the press for five days as they waited for a replacement switch. The loss of use claim filed by Print By Demand against Switching Places is covered.

C.     Coverage does not include recalls of the named insured’s product, work, or any impaired property, regardless of who initiates the recall or the reason behind it. Costs, expenses, liability, and losses resulting from a recall due to the product or work being dangerous, defective, deficient, or inadequate are specifically excluded.

NOTE: Coverage may apply if the named insured did not recall the items and a loss occurred unless otherwise excluded. This exclusion clarifies that the insurance company will not pay for a recall, even if doing so may be to its advantage.

Recall involves more than simply requesting the return of the product, work, or defective item. It also includes any of the following actions:

·         The adjustment, disposal, inspection, loss of use, recall, removal, repair, replacement, or withdrawal of the named insured products, work or impaired property.

·         Costs related to marketing, legal representation, communication, shipping, postage, and materials when associated with a recall.

D.     Property damage in the following situations is excluded except for liability assumed under a sidetrack agreement:

1.      The named insured may work on a section of real property and cause damage. In such cases, there is no coverage for that particular part of the property. This applies whether the work is performed by the named insured, a contractor, or a subcontractor working on its behalf.

2.      The named insured may work on a part of property that must be repaired, replaced, or restored because the quality of the workmanship was poor. In that case, there is no coverage for that part. This does not apply to property damage included in the products/completed operations hazard.

E.      Bodily injury arising from any of the following is excluded: (05 23 edition)

·         Body massage

·         Chiropody

·         Ear piercing

·         Services or preparations for weight reduction or slenderizing

·         Sun or tanning lamps and similar devices

NOTE: Cosmetic was removed from the exclusion list in the 05 23 edition.

F.      Bodily injury arising from any of the following is excluded:

·         Body or skin piercing

·         Tattooing or dyeing the skin

·         Permanent cosmetic or make-up applications or injections

G. Glossary

This glossary applies specifically to Part III C – Liability Not Insured – 3. Business Activities / Business Risk Exclusions.

Impaired property

This refers to tangible property not included in the named insured’s products or work. It is physical property that cannot be used or is less useful due to one or both of the following reasons:

1.      It includes the products or work of the named insured that are known or suspected to be dangerous, defective, deficient, or inadequate, and can be corrected by adjusting, removing, repairing, or replacing them.

2.      The named insured has not satisfied the terms of an agreement or contract regarding the property, but the property can be restored to its previous useful condition once the agreement or contract is fulfilled.

4. Contractual Liability Exclusion

There is no coverage for bodily injury or property damage for which the insured is liable to pay damages because it assumed liability in an implied, verbal, or written contract. There are two exceptions:

·         Part II B–Supplemental Coverages 2. Contractual Coverage applies, but it does not cover damage to premises loaned or rented to the named insured. Additionally, there is no coverage for indemnifying another party for fire or explosion damage to such premises, nor if the bodily injury or property damage occurred before the contract was in effect.

·         If the contract provides liability for damages that would have been covered without the existence of the contract that liability remains covered.

5. Data Breach Exclusion

Bodily injury, property damage, advertising injury, or personal injury due to a data breach is not covered.

Any expenses, losses, liabilities, or costs incurred by the named insured or any other party due to a data breach. This includes all of the following.:

·         notification costs

·         expenses related to credit monitoring

·         forensic expenses

NOTE: These are the expenses to track down the cause of the breach.

·         expense of public relations

·         any other loss, cost or expense related to a data breach

6. Electronic Aggression Exclusion

Bodily injury, property damage, advertising injury, or personal injury caused by electronic aggression is not covered. This exclusion applies if the damage or injury results from, is caused by, or stems from that aggression.

NOTE: This applies regardless of who carries out the aggression.

Example: Nadine began receiving what she felt were threatening notices on Facebook after her first order with Middling Fair.com. She believes these notices are connected to that purchase. The distress causes her to lose sleep, and she repeatedly contacts Middling Fair.com, begging them to stop. Eventually, she sues Middling Fair for bodily injury and personal injuries caused by the harassment. Middling Fair’s MSO BOP will not respond to the lawsuit or provide any defense.

7. Employee, Employment, and Related Injury Exclusions

A.      There is no coverage for any of the following (and similar) obligations any insured may have:

·         Disability Benefits

·         Unemployment Compensation

·         Workers Compensation

B.      Bodily injury to the named insured’s employees when the injury is directly related to their employment by the named insured is not covered.

C.     Bodily injury and personal injury due to any of the following are not covered. These are usually referred to as employment-related injuries:

·         Employment-related acts, omissions, policies, or practices including, but are not limited to, harassment, humiliation, discipline, demotion, coercion, evaluations, discrimination, and reassignments.

·         Refusal to employ

·         Ending or discontinuing employment

D.     The following employee-related situations are not covered for bodily injury and personal injury:

·         Sustained by a brother, sister, child, parent, or spouse due to an employee's injury as described in Exclusions B. and C. above.

·         This limits who qualifies as an insured. If an employee causes injury to the named insured, its partners, members, or a fellow employee while working for the named insured, that employee is not an insured under the policy.

Example: Patricia and Maurice are employees of Dandylion, LLC. Patricia propagates a harmful rumor about Maurice. As a result, Maurice sues Patricia and Dandylion, LLC. Since Patricia is not considered an insured in this situation, Dandylion’s insurance policy does not provide coverage.

E.      The insurance company does not share with or reimburse any damages to others who must pay for bodily injury described in Exclusions B., C., or D. above.

Exclusions B., C., D., and E. above apply regardless of who initiates the suit and whether it is because the named insured is liable as an employer. However, there is a key exception: Exclusion B. does not apply to liability assumed through a contract under Part II B–Supplemental Coverages 2: Contractual Coverage.

8. Endangerment or Harm Exclusion

Coverage does not cover bodily injury or property damage caused by an insured's willful misconduct or actions that knowingly endanger others. This exclusion applies regardless of the insured's intent or expectations regarding such bodily injury or property damage.

This does not apply if reasonable actions are taken to protect persons or property.

9. Fungi/Mold Exclusion (05 23 edition)

A.      The insurance company does not cover bodily injury, property damage, personal injury, or advertising injury arising out of, caused by fungi, or resulting from fungi exposure. Coverage is excluded if the loss stems from the absorption, existence, exposure, contact, inhalation, ingestion, or mere presence of fungi.

B.      The insurance company does not cover any loss, expense, cost, or liability due to the following:

·         Any request, directive, order, or demand that any insured or others evaluate or address fungus or its effects in any way.

·         Claims or suits by any governmental authority (or on its behalf) for reimbursement or damages due to any response to fungus or its effects in any way

There is one exception. No part of this exclusion applies to bodily injury caused by ingesting products, foods, or goods intended for human consumption.

10. Mobile Equipment Exclusion

To fully understand this exclusion, it is important to review the definition of Mobile Equipment in the Glossary and Part II B – Supplemental Coverages – 9. Incidental Mobile Equipment Coverage.

Coverage does not apply to bodily injury or property damage due to any of the following:

A.      When mobile equipment is not specifically included under Part II B–Supplemental Coverages 9. Incidental Mobile Equipment Coverage.

B.      When transporting mobile equipment with an auto owned, operated, borrowed, or rented by an insured, even if the policy covers this equipment.

NOTE: The auto insurance policy covering the vehicle transporting the mobile equipment should be the policy to cover the mobile equipment being transported.

C.     When mobile equipment is used in pre-arranged stunt activities, racing, demolition, or speed contests, or during preparation or practice for these events. This applies even if the policy otherwise covers such mobile equipment.

11. Pollution/Environmental Damage Exclusion

A.      There is no bodily injury, property damage, advertising injury, or personal injury caused by pollutants, whether actual, alleged, or threatened, from any of the following.

·         discharge

·         dispersal

·         emission

·         escape

·         flowing

·         leakage

·         migration

·         release

·         seepage 

·         other similar forms of environmental damage

This exclusion applies regardless of the location or manner of these events.

However, there is an exception. Paragraph A. above does not cover bodily injury, property damage, advertising injury, or personal injury caused by products of combustion originating from the named insured’s premises. The causes of loss are limited to soot, smoke, heat, or fumes but not from burning pollutants.

For controlled fires, specific conditions must be met for this exception to apply. They are as follows:

1.      The materials burned or being burned must be usual materials for a building fire.

2.      The fire itself cannot be part of business, industrial, manufacturing or processing activities.

3.      The site, premises, or location where the controlled fire is located must never have been used for waste disposal, handling, processing, storage, or treatment by any insured.

B.      There is no coverage for treatment, containment, monitoring, detoxification, removal, testing, cleanup, or neutralization of pollutants, including costs, expenses, liability, or loss, for either of the following:

·         Demand, directive, request or order to the insured or others

·         Claim or suit by a government authority for damages or reimbursement

12. Premises / Other Property Additional Exclusions

The following exclusions apply only to property damage coverage.

A.      Personal property borrowed by the named insured or held in the care, custody, or control of any insured is excluded. However, this exclusion does not apply if liability is assumed under a sidetrack agreement.

Example:

Scenario 1: Jerry’s Shoes employs John. When John’s brother asks him to store some items in the backroom while he’s on vacation, John agrees. However, he finds all the items missing when he arrives at work one day. He learns that a store supervisor came in during the night and cleared out the items to make space for a new shipment of shoes. John’s brother sues for the value of the lost items, but the insurance company denies coverage because the items were in the insured’s care, custody, or control.

Scenario 2: John borrows his brother’s game system to use as a store display. However, the system is stolen, and his brother submits a claim. Coverage may apply if no other exclusion applies, since John borrowed the system, not Jerry’s Shoes, the named insured.

B.      Coverage does not apply to damages caused by any part of a premises the named insured has abandoned, sold, or transferred to others.

However, this exclusion does not apply to premises that are regarded as the named insured’s work and has not been occupied by them or rented out to others.

Example: Clearview Homes built five model homes for its new development. Although Clearview used one of the garages as an office, it never occupied any of the others. Coverage for property damage applies to the four model homes because Clearview neither occupied nor rented them. However, because of this exclusion, coverage does not apply to the model home that Clearview occupied as an office.  

C.     Property damage coverage does not apply to damage to property the named insured occupies, rents, or owns, except as provided in Part II B–Supplemental Coverages 7. Incidental Fire and Explosion Legal Liability Coverage.

D.      If the named insured is a joint venture, LLC, or partnership, coverage does not apply to property damage caused by an employee, other employees, or members or partners of the named insured when it involves property they own, borrow, occupy, or rent.   

13. Professional Activities Exclusion

The insurance company does not cover bodily injury or property damage arising from the giving or failure to give professional advice, products, or services. This exclusion applies whether the activities were performed by an insured, their indemnitee, the insured’s employee, or an employee of the indemnitee.

There is an exception located under Part II B–Supplemental Coverages 8. Incidental Medical/Professional Liability Coverage.

14. Silica Exclusion

A.      Coverage does not apply to bodily injury, property damage, personal injury, or advertising injury due to silica. It is excluded if any loss occurs due to the absorption, existence, exposure to, contact with, inhalation of, ingestion of, or the mere presence of silica.

B.      No coverage is provided for costs, expenses, liability, or loss related to treatment, containment, monitoring, detoxification, removal, testing, cleanup, or neutralization of silica for either of the following cases.

·         Demand, directive, request, or order to any insured or others

·         Claim or suit by a government authority or on their behalf for damage or reimbursement

Silica in this exclusion refers to any form of silica, including particles, dust, and any substance or product that contains silica in any amount.

15. Unmanned Aerial Vehicles / Drones Exclusion

A.      Bodily injury, property damage, advertising injury, personal injury or medical payments are not covered if due to any of the following unmanned aerial vehicle activities:

·         Loading or unloading

·         Loaning, renting or entrusting to others

·         Maintenance

·         Use

Coverage also does not apply to bodily injury, property damage, advertising injury, personal injury, or medical payments if any equipment, device, machinery, or part is attached to or part of the unmanned aerial vehicle or drone.

B.      Damages, expenses, liability, or loss due to an unmanned aerial vehicle are not covered. This applies regardless of the UAV's role in the activity. It may worsen or cause the problem, whether it stems from the UAV or results from it; it is not covered.

Examples include, but are not limited to, the following situations:

·         when an object falls from the UAV

·         collision of a UAV or any of its components with an animal, person, or property

·         any form of invasion of privacy

·         interruption of business

·         state or federal law or regulation is violated

16. Virus Contamination Exclusion

A.      There is no coverage for bodily injury, property damage, or medical payments at the described location if caused by a virus or infectious agent that causes illness or disease in humans, animals, birds, or other creatures. This exclusion applies whether the exposure is actual, alleged, or threatened.  

B.      There is no coverage for costs related to treatment, containment, monitoring, detoxification, removal, testing, cleanup, or neutralization of the virus, including any expenses, liabilities, or losses for either of the following:

·         demand, directive, request or order to the insured or others

·         claim or suit by a government authority or on its behalf for reimbursement

There is an exception to this exclusion. It does not apply to bodily injury caused by ingesting products, foods, or goods meant for human consumption. This is often referred to as the salmonella or food poisoning exception.

THE FOLLOWING EXCLUSIONS APPLY TO ONLY COVERAGE F – MEDICAL PAYMENTS TO OTHERS

17. Products / Completed Operations Hazard Exclusion

Coverage does not apply to medical expenses related to bodily injury within the products/completed operations hazard.

18. Specified Persons Exclusions

Medical expenses related to bodily injury are not covered for any of the following persons:

A.      Any and all insureds

B.      An individual eligible for benefits under laws such as disability, workers compensation, or similar programs due to an injury they have suffered.

C.     An individual hired to carry out work for an insured, on their behalf, or for the insured’s tenant.

D.     Tenants or other individuals on the named insured’s property who are injured in the area they typically occupy.

19. Sports Activities Exclusions

Medical expenses related to bodily injury are not paid to anyone who participates in athletic activities.

20. Your Medical Services / General Medical Exclusion

A.      There is no coverage for medical expenses related to services provided by the named insured, their employees, or others under a contract to provide medical care, including first aid costs incurred during an accident that would otherwise be covered under Part II B – Supplemental Coverages – 4. First Aid Expense Coverage.

Example: Pamela slips and falls at Merry Mini Mall.

Scenario 1: Kelly, the owner of Merry Mini Mall, has contracted with a doctor who rents space in the mini mall to provide care in case of any emergency. When the doctor arrives and administers care, none of the expenses he bills Kelly are covered.

Scenario 2: Kelly calls 911 and waits for the ambulance to arrive. All claim-related costs are covered within the limit of insurance.

B.       There is no coverage for medical expenses related to bodily injury excluded from the policy.  

PART II D–SPECIAL LIABILITY CONDITIONS

1. Duties of Insureds – What To Do In Case Of Claim, Injury, Occurrence, or Suit

The named insured, all other insureds, and any party benefiting from this coverage must perform all of the following:

A.      All information related to a claim must be provided to the insurance company immediately. This also applies to any incident that could potentially lead to a claim. The relevant information includes the following:

·         the named insured

·         when and where the injury occurred

·         circumstances surrounding the incident

·         names and addresses of injured parties

·         names and addresses of witnesses

·         other circumstances related to the occurrence

B.      Bills, notices, papers, summonses, and any documents related to the claim or suit must be immediately sent to the insurance company. This requirement applies to claims against any insured as well as to any medical expense claims.

C.     Cooperation with the insurance company is necessary but only to the extent that it pertains to the specific claim or lawsuit. The following areas are where assistance is specifically required:

·         attending trials and court hearings

·         providing evidence

·         enforcing contribution or indemnity rights against others

·         when investigating occurrences

·         in making settlements

·         obtaining information or records

·         arranging for witnesses to attend trials or hearings

D.     Agree to be examined and provide all statements under oath. This may also require a signature and swearing to such statements. The insurance company also has the following options:

·         to examine each individual separately, and without others present, when there are two or more people to examine  

·         to make a video or audio recording of the examinations

E.      The insurance company controls the payments it makes. An insured may choose to make voluntary payments, take on obligations, or incur defense, investigative, or other types of expenses without prior written approval from the insurance company. However, if this occurs, the insured will bear the cost and should not expect reimbursement from the insurance company.

This condition does not apply to first aid given at the time of an accident, as covered under Part II B – Supplemental Coverages 4. First Aid Expense Coverage.

F.      This condition applies only to Coverage F – Medical Payments to Others. Beneficiaries of this coverage must, as often as reasonably requested by the insurance company, perform the following actions:

·         the insurance Provide a written proof of loss; the insurance company might require it to be sworn.

·         Undergo physical examinations conducted by physicians selected and paid for by the insurance company.

·         Grant company authorization to obtain medical records.

If the insured does not comply with these or any other conditions, the insurance company's obligations under the policy may be affected or rendered void.

2. Limits of Liability

The following items detail the maximum total amount the insurance company will pay for all losses, liabilities, injuries, or damages. This limit applies regardless of the number of claims, lawsuits, or insureds involved. The insurance company’s duty to pay ends once the liability limit for judgments or settlements is reached.

A.      General Coverage Limits

The limits below apply to each occurrence, accident, or injury, covering all related medical expenses and damages incurred.

1.      Occurrence Limits – Coverages E and F

The most the insurance company will pay in a single occurrence is the limit specified for these coverages on the Declarations. It is also important to recognize that Part II B–Supplemental Coverages 7. Incidental Fire and Explosion Legal Liability Coverage has a separate sub-limit.

2.      Accident Limit / Per Person Limit–Coverage F

The most the insurance company will pay for a single person in a single accident is the per person limit for this coverage, as shown on the Declarations.

Example: The First Church choir is singing carols through downtown Hometown. They step into a Main Street Shopping Emporium to warm up, enjoy some hot chocolate, and catch their breath, but soon they begin to stumble. The first caroler falls, causing a chain reaction as the others follow, until all ten are on the ground. Ambulances arrive, and everyone is transported to the hospital, treated, and later discharged. Each person can receive up to the maximum medical payment limit specified in Main Street’s Declarations.

3.      Personal Injury / Advertising Injury Limits

The maximum amount payable to any one person or organization for all personal/advertising injury claims is the limit specified on the Declarations or Declarations Supplement.

B.      Aggregate / Total Limits

This section discusses the limits available for all damages or medical expenses from all occurrences, accidents, or injuries during the period described in item C below.

1.      Aggregate/Total Limit – General Coverages

The general aggregate/total limit listed on the Declaration is the maximum payable for the sum of:

·         Coverage E

·         Coverage F

·         Personal Injury/Advertising Injury

NOTE: This aggregate limit does apply to the products/completed operations hazard, as it has its own separate aggregate listed below.

If the Declarations does not specify an aggregate or total limit, then neither the general aggregate nor the total limit applies to that coverage. In such cases, only the occurrence limit is relevant for each claim, regardless of the total sum of the losses incurred during each term period. 

2.      Aggregate / Total Limit – Products / Completed Operations Hazard

The total payable amount for all liability, as outlined in section C. below – Application of Limits, is limited by the Products / Completed Operations Aggregate limit listed on the Declarations. This applies to all damages related to the Products / Completed Operations Hazard.

C.     Application of Limits

1.      A policy is issued as a standard 12-month policy term

The policy period begins on the date specified on the Declarations. The limits described in paragraphs B.1 and B.2 apply separately to each consecutive 12-month period beginning with the policy inception date listed on the declarations.

2.      A policy is issued at inception for more than 12 months, for example, a 27-month policy term

This is a policy issued with a term period greater than 12 months at its original issue. Since this policy period cannot complete a full 3 consecutive 12-month periods, the final 3 months of the policy period will have its own policy limit.  

Example: Here’s how the policy limits apply when a policy is originally issued for more than 12 months. We’ll use the 27-month policy period: 

·         The first 12 months of the policy period receives its own policy limit;

·         The second 12 months of the policy period receives its own policy limit; and,

·         The remaining 3 months of the 27-month policy period receives its own policy limit.

There are essentially three separate policy limits that will apply.

·         A policy is originally issued for 12 months but is then extended by an endorsement

This policy is issued for a standard 12-month term, but the policy period is then extended beyond the 12-month period through an endorsement. This is similar to how a short-term policy would function.  

o   The original 12-month policy period has its own dedicated policy limit.

o   Subsequently, both the renewal 12-month period and the 3-month extension period made by endorsement share a single policy limit. This is due to the extension period being added by endorsement rather than being part of the original policy period when the policy was issued.  

Example: Here’s how the policy limits apply when a policy is originally issued for 12 months and is then extended to 27 months by an endorsement.   

·         The first 12 months of the policy period receives its own policy limit;

·         The second 12 months and the remaining 3 months receive their own policy limit.

There are only two separate policy limits available when the policy is endorsed to extend the policy period.  

NOTE: The policy refers to a terminal period. A terminal period is the final duration of a policy, which can last from one day to several years before coverage ends.

3. Other Conditions

A.      The first named insured, as defined in the Common Glossary, has special considerations regarding limits of liability and the duties and rights assigned to it in the Common Conditions. Otherwise, this insurance applies separately to each insured as follows:

·         as though it is the only insured

·         against whom a suit is brought, or a claim is made

B.      The insurance company remains responsible under this policy even if the insured becomes bankrupt.

C.     Two or More Policies Issued by Us

The insurance company may have issued multiple policies to the named insured covering the same loss. In such cases, the maximum paid is limited to the highest liability limits among those policies. This also applies if another policy was issued by an affiliated company of the insurance company. This insurance does not add to or serve as excess coverage over any other policies.

However, this condition does not apply to any umbrella or excess liability policy issued by the insurance company or its affiliates specifically providing excess coverage over this policy.

Examples:

Scenario 1: OK Insurance Company has two affiliated insurance companies, Good Insurance Company and Great Insurance Company. Paul Peppers purchases insurance as follows:

Policy Period

Insurance Company

Occurrence / Aggregate Limits

01/01/2023 to 01/01/2024

OK Insurance Company

250,000 / 500,000

01/01/2024 to 01/01/2025

Good Insurance Company

500,000 / 1,000,000

01/01/2025 to 01/01/2026

Good Insurance Company

500,000 / 1,000,000

01/01/2026 to 01/01/2027

Great Insurance Company

1,000,000 / 3,000,000

An occurrence on 5/01/2023 results in bodily injuries that span all policy years. The first claim is filed on 02/01/2025. The highest limits available are $1,000,000/$3,000,000. This is the highest limits available to pay for all claims.

Scenario 2: Paul Peppers maintains excess coverage with OK and its affiliates across all four years. The excess policy's limits are separate and do not impact this policy’s coverage.

COMMON EXCLUSIONS–PARTS I AND II (05 23 edition)

The following Exclusions apply to Parts I and II. These are Common Exclusions and are in addition to those specified under other coverage sections. Coverage does not apply to damages, expenses, liability, or loss that are directly or indirectly, wholly or partly, arise out of, caused by, or result from any of the following, even if the loss is otherwise covered and occurs at the same time or in any sequence.

Related Article: Concurrent Causation and Anti-Concurrent Causation Clauses–A Discussion

Part I – Property Coverages

The following exclusions apply to Part I–Property Coverages:

1. Earth Movement / Earthquake / Volcanic Activity

This exclusion applies to the following:

·         Earthquake

·         Volcanic activity such as volcanic explosions, eruptions, or effusion. However, this does not include items described in Part I C – Losses Insured—General Cause of Loss Conditions Coverage A, B, C—3. Descriptions of Causes of Loss—J. Volcanic Eruption

·         All other earth movement of a catastrophic nature

Loss resulting from fire, explosion, or theft due to earth movement or activity is covered if the policy includes such coverage.   

2. Fracking Exclusion

Loss or damage due to any fracking is not covered. This includes, but is not limited to, damage from earthquakes, earth movements, or sinkholes resulting from fracking.

Loss resulting from fire, explosion, or theft due to fracking is covered if the policy includes such coverage.    

3. Governmental / Legal / War

A.      War, rebellion, insurrection, civil war, revolution, invasion, and seizure of power.

War is considered excluded, regardless of formal declaration. Similarly, any actions taken to defend against the excluded acts are also excluded, whether these acts actually occurred or were only anticipated.

NOTE: It’s important to carefully consider the wording of this exclusion, as it does not require involvement from governmental authorities. It could possibly also cover local militia, as well as foreign and domestic terrorism.

B.      Violations of laws or ordinances the insured knowingly commits, or others commit with their consent, are not covered. This exclusion also includes liability, statutory fines, punitive damages, and exemplary damages.

C.     Regulations or legislation related to customs, quarantine, or drug enforcement leading to loss, seizure, or confiscation. If property is considered contraband, there is no coverage. Also, any property lost due to illegal transportation or trade is not covered.

D.     Damage or destruction ordered by civil authorities is not covered. However, if immediate destruction is required to prevent a fire from spreading, coverage applies, but only if the initial cause of the fire is a covered cause of loss.

Example: The Organization to Regain Sanity (ORS) attempts to overthrow Middleburg City, starting a fire at the courthouse that quickly gets out of control. The National Guard takes control of ORS as the fire continues to burn. The fire department then destroys Janie’s Floral Designs and other buildings to create a firebreak. The loss from this fire is excluded because the cause of loss is insurrection, which is an excluded cause of loss.

4. Nuclear/Radioactive Loss

A.      These are nuclear events, occurrences, and operations. Some examples include explosions, reactions, radiation of a nuclear nature, and radioactive contamination. None of these are considered fire, explosion, smoke, or any other type of covered loss.

If a fire occurs due to any of the above, coverage applies to the direct damage caused by the fire, but not to any other type of loss.

B.      Properties of nuclear or radioactive materials that are explosive, radioactive, toxic, or otherwise harmful, regardless of whether these materials are natural or manmade.

Part II – Liability Coverages

The following exclusions apply to Part II – Liability Coverages:

1. Earthquake

Earthquake is excluded. There is no specific definition for it, so a standard definition would apply. This exclusion pertains only to earthquakes, not to earth movements.

2. Fracking Exclusion

A.      Bodily injury, property damage, advertising injury, personal injury, or medical payments are not covered if due to fracking.

Damages, expenses, liability, or loss related to fracking are not covered. This exclusion applies regardless of the role fracking played in the activity. It may have worsened the situation or caused it. The issue may originate from or be due to fracking.

The following are not covered when caused by fracking: 

1.      Earthquake, earth movement, or sinkhole collapse

2.      Fracking fluids, pollutants, or similar environmental contaminants said to have threatened, entered, or been confirmed to enter a lake, body of water, or water sources, whether aboveground or underground. These substances can reach these water bodies through dispersing, emission, escape, flow, leak, migration, release, or seepage.

3.       Contamination that involves a pathological agent, like a virus, which causes illness or disease in animals, birds, other creatures, or humans.

4.      The named insured leasing or renting its premises when the purpose of the lease or rental is fracking.

5.      Wastewater or other chemicals being removed, stored, or transported from the site where fracking is occurring.

6.      Pollutants and/or fracking fluids being extracted from water or land as a result of fracking.

7.      The process of removing, replacing, or restoring land or water contaminated by fracking fluids or other pollutants due to fracking.

B.      There is no coverage for costs related to treatment, containment, monitoring, detoxification, removal, testing, cleanup, or neutralization of fracking processes, including expenses, liabilities, or losses for either of the following:

·         Demand, directive, request or order to the insured or others

·         Claim or legal action initiated by a government authority or on its behalf for reimbursement

3. Governmental / Legal / War (05 23 edition)

The insurance company does not cover bodily injury, property damage, advertising injury, personal injury, or medical payments in any of the following situations:

A.      War, rebellion, insurrection, civil war, revolution, invasion, and seizure of power are all excluded. This exclusion applies regardless of whether they are formally declared. It also excludes any actions taken to defend against these acts, whether they actually occurred or were expected to occur.

NOTE: It’s important to carefully consider the wording of this exclusion, as it does not require involvement from governmental authorities. It could possibly also cover local militia, as well as foreign and domestic terrorism.

B.      Violations of laws or ordinances the insured knowingly commits, or that others commit with its consent, are excluded. This also includes illegal trade, statutory fines and liabilities, and punitive or exemplary damages.

C.     There is no coverage when material or information is transmitted, communicated, distributed, sent, or transmitted in violation of an ordinance, regulation, or statute that restricts or bans such activities. Examples of such federal regulations include:

·         Telephone Consumer Protection Act (TCPA)

·         CAN-SPAM Act of 2003

·         Fair and Accurate Credit Transactions Act (FACTA)

·         Fair Credit Reporting Act (FCRA)

D.     There is no coverage for any loss if customs, drug enforcement, or quarantine legislation or regulations seizes or confiscates property.

4. Nuclear Energy

Bodily injury or property damage is not covered for any of the following:

A.      If an insured also holds a nuclear energy liability policy, they are not regarded as covered for bodily injury and property damage under this policy. This applies even if they would have been covered by that policy, except that it was terminated because its limits were exhausted.

B.      There is no coverage if nuclear material's hazardous properties lead to bodily injury or property damage, under the following conditions.

·         A person or organization must maintain financial protection in accordance with the Atomic Energy Act of 1954 or its amendments.

·         The insured is entitled to compensation from the United States of America or its agencies according to any relevant agreement, or would be eligible for indemnity from the USA if this policy were not in effect.

C.     There is no coverage if nuclear material's hazardous properties cause bodily injury or property damage, provided either of the following conditions apply:

·         An insured owns or operates a nuclear facility, with nuclear material either at the site or dispersed or discharged from it. This also applies if another party operates the facility on the insured's behalf.

·         The nuclear material is contained within spent fuel or waste during any phase of disposal, handling, possession, processing, storage, transportation, or usage by or on behalf of any insured.

D.     When the insured provides equipment, materials, parts, or services associated with the construction, maintenance, operation, planning, or use of any nuclear facility.

However, if the nuclear facility is located within the United States, its possessions, territories, or Canada, the exclusion applies only to property damage involving the facility and property at that site.

E.      Glossary

The following definitions apply only to the Nuclear Energy exclusion.

1.      Hazardous Properties

These include properties such as toxicity, explosiveness, or radioactivity.

2.      Nuclear Facility

This is any of the following:

a.      Nuclear reactors

b.      Equipment or device designed for or actually used for:

·         separation of uranium or plutonium isotopes

·         spent fuel processing or utilization

·         waste packing, processing, or handling

c.      When a facility contains more than 25 grams of plutonium, uranium-233, or their combinations, or exceeds 250 grams of uranium-235. Any device or equipment at the facility involved in processing, fabricating, or alloying special nuclear material is considered a nuclear facility.

d.      Any of the following prepared or used for storage or disposal of waste:  

·         basin

·         excavation

·         place

·         premises

·         structure 

e.      The site where a., b., c., or d. above is located. All activities conducted at this site and all premises used for these activities are also regarded as a nuclear facility.

3.      Nuclear Material

·         source material

·         special nuclear material

·         by-product material

NOTE: All the above are defined by the Atomic Energy Act of 1954.

4.      Nuclear Reactor

A device designed to do either of the following:

·         Sustain nuclear fusion in a self-supporting chain reaction.

·         Contain fissionable material that has achieved critical mass.

5.      Property Damage

This term is broadened to include radioactive contamination of property.

6.      Source Material, Special Nuclear Material, and Byproduct Material

The policy does not define these terms; they are defined by the Atomic Energy Act of 1954.

7.      Spent Fuel

This refers to fuel within a nuclear reactor, which can be a component or an element in solid or liquid form. However, it must have been used in the reactor or exposed to radiation in that reactor.

8.      Waste

This material comes from operating a nuclear facility as defined above in 2.a. and 2.b. and must include by-product material. However, tailings or waste generated during the extraction or concentration of thorium or uranium from source material ore is not considered waste.

COMMON GLOSSARY – PARTS I AND II

Parts I and II

The following definitions apply to both Part I – Property Coverage and Part II – Liability Coverage. It consists of specific terms and phrases used in the insurance policy highlighted in italics. 

First Named Insured

When the Declarations list named insureds, the first one listed is the first named insured. If only one insured is listed, then that individual is the only insured.

Fracking

Fracking is a process that involves breaking up shale rock underground to release natural gas and oil. It is carried out by injecting high-pressure substances like chemicals, gas, propane, gel, sand, water, or other materials into the subsurface area.

Fungi

The following are all considered fungi. Each also includes organisms similar or related to it.

·         fungus

·         mold

·         mildew

·         spores

·         algae

·         smut

NOTE: This is a fungal disease of grains.

·         protists

·         rust

·         rot and decay organisms

Fungi includes the following if produced by fungi:

·         mycotoxins

·         substances

·         compounds

·         chemicals

·         mists

·         vapor

·         by-products

·         waste

·         similar or related organisms

Fungi does not include any fungi meant for eating.

NOTE: Mushrooms are examples of fungi intended for consumption.

Pollutants

These are irritants or contaminants that can be gaseous, solid, or thermal. Some examples include:

·         acids

·         alkalis

·         chemicals

·         fumes

·         smoke

·         soot

·         vapors

·         waste

Waste includes not just items meant for destruction or disposal but also reclaimed, reconditioned, or recycled materials.

Rot and Decay Organisms

The decomposition of physical property by any living organism.

Unmanned Aerial Vehicle

Drones are a type of unmanned aerial vehicle, but the term is not limited to just drones. It refers to an aerial vehicle powered and capable of flying either autonomously or via remote control. No human operator is onboard the vehicle.

We / Us / Our

This refers to the insurance company named on the policy that provides the coverage.

You / Your / Yourself

These are the named insureds listed on the Declarations. This definition also includes any business or organization a named insured acquires or establishes during the policy period.  

Part I – Property Coverages

The following definitions apply only to Part I - Property Coverage. It consists of specific terms and phrases used in the insurance policy highlighted in italics. 

Actual Cash Value

While the common use of this term is the property Replacement Cost minus Depreciation, it is not explicitly stated this way in the definition, but it is implied by the definition as follows:

The actual cash value calculation will consider all of the following, as well as any other relevant factors that could reasonably impact the property value.

·         age

·         condition

·         cost of repairing, restoring, or replacing property subject to depreciation

·         deterioration

·         economic value

·         market value

·         structural or functional obsolescence

·         original cost

·         use

·         utility

Automatic Sprinkler System

1.      This is a fire protection or extinguishing system that functions automatically. All of the following are included in this definition, but only when connected:

A.      ducts, fittings, pipes, valves

B.      pumps and mains part of private fire protection, not public fire services

C.     nozzles or sprinklers used for discharge

D.     tanks, their component parts, and supports

2.      The following are included in this definition but only when supplied by the same automatic fire protection system as above:

A.      Standpipes, outlets and hydrants (these would not involve public fire protection)

B.      A fire protection or extinguishing system that does not operate automatically.

Burglary

This occurs when insured property is removed from a premises. The property must be removed with evidence of utilizing one of the following methods:

·         By a person who has either entered or exited unlawfully.

·         Through actual force or violence, not just threats.

Marks must be visible at the interior or exterior point of entry or exit. These can result from physical damage, chemicals, electricity, tools, or explosives.

Collapse

This occurs when a building or a part of its structure suddenly and abruptly caves in or collapses. It does not have to be the entire building but structural elements of the building must fall.

Collapse does not include any of the following:

·         The building or a section of it is at risk of collapsing or caving in.

·         A section of a building that remains standing but has become detached from another part of the building

·         bulging

·         cracking

·         expanding

·         settling

·         shrinking

Computer Hacking

This is any unauthorized intrusion into a computer network, hardware, software, or website. Adware, spyware, computer worm, or Trojan horse are examples of such intrusions. Whatever method is used, one or more of the following must occur from the intrusion:

·         The integrity, quality, or performance of computer media, data, programs, hardware, or software compromised through alteration, contamination, corruption, degradation, destruction, or modification.

·         Data records, programs, applications, and proprietary software are copied, observed, or scanned. 

·         Hardware or media used with hardware is corrupted, damaged, degraded, destroyed, malfunctioning, or rendered inadequate.

·         Software is modified, deleted, destroyed or generated

·         The named insured’s computer network, hardware, or website denies access or service

Computer Virus

This is a self-replicating malicious code introduced into electronic data processing, software, hardware, or a website, intended to cause one or more of the following issues, among other potential issues.

·         The integrity, quality, or performance of computer media, data, prepackaged programs, hardware, or software is altered, contaminated, corrupted, degraded, destroyed, or modified.

·         Hardware or associated media are corrupted, damaged, degraded, destroyed, made to malfunction or become inadequate.

·         Software is modified, deleted, destroyed or generated

·         The named insured’s computer network, hardware, or website denies access or service

Dependent Property

This is property others own or operate. The named insured must depend on that property to do one or more of the following:

·         Accept the named insured services or products

NOTE: This could be a recipient location, a client, or a customer.

·         Draw customers to the named insured’s business

NOTE: This could be a leader location.

·         Bring materials or services to the named insured or on their behalf, excluding suppliers of communication, power, water, or other utility services.

NOTE: This could be a supplier or transporting location.

·         Manufacture products according to a sales contract for the customers of the named insured.

NOTE: This is a manufacturing location.

Fraudulent Instruction

Any directive or order received via cable, electronic transmission, or fax that appears to come from the named insured or another insured, but was actually sent by an unauthorized person without their knowledge or consent. Fraudulent instructions also include legitimate directives or orders issued by the named insured or another insured that have been copied, forged, or altered by someone else without permission.

Insured

This refers to the entity or individual listed as insured on the Declarations.

Money / Securities

Money is defined as follows:

·         bank notes

·         bearer bonds

·         bullion

·         coins

·         currency

·         lottery tickets

·         money orders

·         prepaid phone cards

·         registered checks

·         stored value cards

·         traveler’s checks held for sale to the general public

Securities are representations. They can be negotiable or non-negotiable but are contracts with the obligation to pay either money or property. Some examples include but not limited to:

·         accounts

·         bills

·         deeds

·         debt evidences

·         notes

·         revenue and various types of stamps

·         tickets

·         tokens currently being used

No form of money is considered a security.

Robbery

This occurs when covered property is taken by any of the following methods:

·         Actual or threatened violence against a messenger or custodian, or causing them to fear violence. 

·         Any other criminal act occurring in front of a messenger or custodian, provided they are aware and the insured’s officers, employees, or partners are not involved in committing the act.

·         The messenger or custodian is either killed or rendered unconscious when the insured property is in their direct care and custody.

Part II–Liability Coverages

The following definitions apply only to Part II – Liability Coverage. It consists of specific terms and phrases used in the insurance policy highlighted in italics. 

Automobile

1.      A vehicle or trailer designed for use on public roads and land based. The definition also includes semitrailers. Additionally, machinery or equipment attached to the vehicle, trailer, or semitrailer is regarded as part of the automobile.

2.      Any land-based vehicle not described above that is subject to financial responsibility or similar motor vehicle regulations. The determining factor for this criterion is the state where the vehicle is primarily garaged.

Any vehicle classified as mobile equipment under this policy is not regarded as an automobile.

Bodily Injury

This refers to bodily harm, sickness, or disease affecting a person. The bodily harm, sickness, or disease must stem from an event covered by this policy. Death caused by these conditions is included in this definition, regardless of when it occurs.

Data Breach

This refers to the loss or theft of a person’s or organization’s personal or confidential information. It also includes accidental release, disclosure, or publication of such data. The following types of information are regarded as confidential or personal:

1.      Identifiable information about a person includes the following examples:

A.      Details such as contact information and identification

B.      Identification numbers issued by the government

C.     Any type of financial information

2.      Health information safeguarded by the Health Information Portability and Accountability Act (HIPAA), including all amendments and additions.

3.      Information not accessible to the public. This includes, but is not limited to, the following examples:

·         customer lists

·         financial information

·         formulas

·         patents

·         processing methods

4.      Any other nonpublic information outlined in Title V of the Gramm-Leach-Bliley Act of 1999, including amendments or additions to the law.

Electronic Aggression

Any kind of bullying or harassment conducted through electronic means. Examples include, but are not limited to, the following:

·         blogs

·         chat rooms

·         email

·         instant messaging

·         social networking

·         text messaging

Employee

This refers to a person the named insured employs or a worker the named insured leases. Temporary workers and independent contractors are not employees.

Executive Officer

An executive officer is a person holding an officer role defined by the governing documents of the named insured, such as a constitution, bylaw, charter, or similar document.

Insured

The Declarations must identify the specific type of business the insured is involved in. If there are multiple named insureds, there may be multiple designations. Who qualifies as an insured is determined by the following designations:

1.      Individual

The named insured and their spouse are considered insureds. However, this coverage applies only to activities related to the business or operations for which the named insured is the sole proprietor.

2.      Partnership, Joint Venture, or Limited Liability Company

The named insured, along with its partners, members, and their spouses, are considered insureds. Their insured status is restricted to engaging in the business or operations of the partnership, joint venture, or limited liability company.

3.      Other Organization

NOTE: This includes corporations.

The organization is an insured. Its directors and executive officers are insureds but only when acting within the scope of their duties. Stockholders are also insureds but only with respect to their liability as stockholders.

4.      Employees of the named insured who are not executive officers are considered insureds, but only when acting within the scope of their duties as employees.

5.      Real estate managers are considered insureds. This can be an individual or an organization, but it cannot be an employee.

6.      Any business entity newly formed or acquired by the named insured, but only if the following apply:

·         It is not a partnership, joint venture, or limited liability company.

·         The named insured is the majority owner.

·         Ownership can only be up to 120 days after initial acquisition or formation, or until the policy ends, whichever occurs first.

·         No other insurance is available.

·         An accident, occurrence, or offense occurs after the entity has been formed or acquired.

Coverage does not apply to any partnership, joint venture, or limited liability company in which the insured is a partner or member unless the partnership, joint venture, or limited liability company is specifically listed on the policy.

Leased Worker

This is a person who is leased to the named insured to perform duties that relate to the named insured’s business/operations. The person must be leased from a labor leasing company. There must be an agreement between the named insured and the labor leasing company, but there is no requirement that the agreement be in writing. A temporary worker is not a leased worker.

Loading and Unloading

This describes the process of moving property, which has three steps:

Step 1: Begins where the property is accepted for transfer and is moved into or onto an auto, aircraft, watercraft, or UAV.

Step 2: When the property is on or inside the aircraft, watercraft, automobile, or UAV.

Step 3: When the property arrives at its final destination and is transferred from the aircraft, watercraft, auto, or UAV to the acceptance location. Any movement after acceptance is not considered loading and unloading.

Property moved by a mechanical device is not considered loading and unloading. However, the following exceptions apply:

·         If the mechanical device is attached to an aircraft, watercraft, auto, or UAV, it is considered part of loading and unloading.

·         If the device is a hand truck, its movement can be considered loading and unloading, provided it satisfies the other criteria for these processes.

Example: Jerry uses a hand truck to transport a pallet of boxes to the loading dock, while the delivery driver uses a hand truck to load the boxes onto his truck.

Jerry’s use of the hand truck involves moving the property to a designated pickup area, so it is not considered loading and unloading.

However, the delivery driver’s use of the hand truck is classified as loading and unloading because he transfers the property from the point of acceptance to the vehicle.

Mobile Equipment

1.      Mobile equipment refers to land vehicles that meet specific criteria. It includes equipment or machinery that is either an integral part of or permanently attached to these land vehicles, as outlined below.

A.      Any vehicle used exclusively at the named insured's described premises.

NOTE: A vehicle designed to be used on the public roads but is only used at the named insured premises could be considered mobile equipment.

Example: Cramer owns a small 1947 pickup used on his premises to haul items from one building to another. It is not licensed and is never taken off the premises. As long as the vehicle is never used off premises, coverage applies.

B.      Any vehicle designed primarily for use off public roads. Examples include bulldozers, farm machinery, forklifts, and similar commercial (as opposed to personal) devices.

Example: Paul uses his bobcat to clear debris alongside the highway, working on one side then crossing to the other. During his crossing, he hits another vehicle. Coverage applies because the bobcat is intended for off-road use.

C.     Any vehicle whose primary purpose is to make the following equipment mobile:

·         Concrete mixers. This excludes mix-in-transit mixers and applies only when the equipment is permanently attached to the vehicle or is an integral part of it.

·         Diggers, drills, loaders, power cranes, or shovels  

·         Graders, rollers, scrapers, and other similar equipment used for road construction and resurfacing, but only when the equipment is permanently attached to the vehicle or is an integral part of it.  

D.     Vehicles that are not self-propelled and are mainly used to move equipment permanently attached to or integral to the vehicle, such as:

·         Air compressors, generators, or pumps

·         Equipment used to clean buildings, for geophysical exploration, lighting, spraying, welding, or to service wells

·         Devices used to lower or raise workers, such as a cherry picker.

E.      Any vehicle that moves on crawler treads.

F.      Any vehicle not listed above and primarily used for purposes other than transporting people or cargo. However, this does not include any of the following self-propelled vehicles described below or those that have these devices permanently installed:

·         Any vehicle designed primarily to maintain roads, clear snow, or clean streets. This excludes equipment used for constructing or resurfacing roads.

·         Any vehicle equipped with the following:

o   Air compressors, generators, and pumps

o   Equipment used to clean buildings, for geophysical exploration, lighting, spraying, welding, or to service wells

·         Any device attached to a vehicle chassis, such as a cherry picker, used to lift or lower workers.

All three bulleted items in 1.F. are considered automobiles. However, refer to Part II B – Supplemental Coverages – 6. Incidental Automobile Coverage for details on coverage of the operation of specified devices.

2.      None of the equipment listed above qualifies as mobile equipment if it is subject to compulsory or financial responsibility laws, or similar motor vehicle regulations, in the state where it is licensed or principally garaged. Such land vehicles are considered automobiles.

Occurrence

This is considered an accident. It involves ongoing or repeated exposure to harmful conditions. To be regarded as the same occurrence, the conditions must be deemed essentially the same.

Products / Completed Operations Hazard

This refers to bodily injury and property damage arising out of the named insured products, or the named insured’s work that occurs away from the described premises, but excludes the following situations:  

1.      Tools, equipment not yet installed, or any abandoned or unused materials. 

2.      Products in physical possession of the named insured.

Trigger Endorsement: If BU 50 06 appears as an endorsement on the Declarations, the products/completed operations hazard applies only if bodily injury or property damage from the named insured’s product occurs away from the described premises.  

3.      Property being transported. An exception applies when a condition in or on a vehicle, caused by loading or unloading, results in the occurrence.

4.      Any work the named insured did not finish or abandoned. The work of the named insured is considered complete at the earliest of the following:

A.      When the named insured has a contract, work is considered completed once the work specified in that contract is finished.

B.      When the named insured has a contract involving multiple locations, work is considered completed on a location-by-location basis. This means that at each location, work is deemed complete once all contract requirements for that specific location are fulfilled.

C.     When that portion of work at a job site is utilized by any individual or organization other than a different contractor or subcontractor engaged in the same project.

Any work related to final corrections, replacements, repairs, maintenance, or servicing is considered complete.

Example: Ernie’s Electrical is a subcontractor working with Total Contracting on a new apartment complex. The development includes 15 buildings in total. Once each building is finished, the apartments are rented out immediately.

Scenario 1: Joe’s Drywall experiences a loss due to an issue caused by Ernie’s work. Joe’s work is located in a building within the complex that remains unfinished. This loss does not qualify as completed operations because the building is not yet used for its intended purpose.

Scenario 2: Joe’s Drywall experienced a loss due to an issue caused by Ernie’s work. The loss stems from a tenant complaint about one of the finished buildings. This loss is considered completed operations because the building has been put to its intended use, even though the overall project is still unfinished.

Property Damage

Property damage due to a covered occurrence is as follows:

·         When tangible property is directly damaged. If the property becomes unusable due to the damage, this loss of use is considered property damage. The time of loss of use is considered the moment the property was damaged.

·         Accidents can happen even when tangible property remains physically undamaged if circumstances render it unusable. In such cases, the loss of use for the undamaged property is covered from the moment the loss begins.

Temporary Worker

This individual is not an employee or a leased worker but is provided to the named insured for one of the following reasons:

·         A person provided to serve temporarily as a replacement for a permanent employee during their leave.

·         A person provided to meet short-term or seasonal workload demands.  

Your Premises

The premises of the named insured, regardless of whether listed on the Declarations or noted elsewhere in the policy, are as follows:

·         any premises owned by, occupied by, or rented to the named insured

·         any premises the named insured sold, transferred to others, or has abandoned

Your Products

The following are considered your products:

·         Products or goods manufactured, sold, distributed, or handled by any of the following:

·         Parts, equipment, containers and materials provided with the named insured’s goods or products. A vehicle is not considered a container.

·         Warranties or representations regarding the durability, fitness, performance, or use of the named insured product, whenever made.

·         Instructions and warnings provided or that should have been provided.

The following are not considered your products:

·         Real property

·         Vending machines

·         Other property not sold but is instead rented out or made available for the use of others.

Your Work

The following are considered your work:

·         Work or operations carried out either by the named insured or by others acting on their behalf.

·         Equipment, materials, or parts supplied for the work or operations.

·         Warranties or representations regarding the durability, fitness, performance, or use of the work by the named insured, whenever made.

·         Instructions and warnings provided or that should have been provided.

COMMON CONDITIONS–PARTS I AND II

The following conditions apply to Part I – Property and Part II – Liability. They apply in addition to the conditions listed under the separate coverage parts.

1. Action or Suit Against Us

Part I–Property Coverage

A state mandated endorsement included elsewhere in this policy outlines the conditions and timeframes for initiating actions or suits against the insurance company.

Part II–Liability Coverages

An action cannot be brought against the insurance company until both of the following conditions are met:

·         All policy conditions are complied with

·         The insured’s obligation is established through either a court judgment or a written settlement approved by the insurance company. This is the only obligation covered by this policy.

This policy does not grant the named insured or others the right to involve the insurance company in any legal action against any insured.

2. Assignment of Your Interest

The insurance company is not obligated to honor any interest assignment in this policy unless it provides written consent. However, there is an exception. If the named insured is an individual and dies, the following individuals automatically become insureds, but only under these specified conditions.

A.      The legal representative of the named insured, but only when performing their duties.

B.      Any party that holds custody of the named insured’s property before a legal representative is appointed.

3. Cancellation/Termination

A.      General

·         Only the first named insured has the authority to cancel the policy.

·         The cancellation will apply to all other named insureds, insureds, and any other interests named on the policy.

·         The policy can be canceled by surrendering it by mail to either the insurance company or its agent. Additionally, the named insured may send written notice to request cancellation at a future date. The date of cancellation must be provided.

NOTE: Typically, when a policy is surrendered to the company or the agent, it is canceled flat on the renewal date.  

·         Cancellations are processed on a pro-rata basis, subject to any minimum earned premium. The insurance company refunds any return premiums to the first named insured within 30 days of the cancellation date.

·         If the named insured replaces this policy with another insurer and either fails to pay the premium for this policy or misses a due installment, the termination date of the policy is the date when the new insurance coverage became effective.  

·         If the named insured sells the business or premises described, the policy coverage terminates when ownership transfers to the new owner, unless the named insured maintains an insurable interest.

B.      Our Right to Cancel or Terminate

A state mandatory endorsement is provided elsewhere in this policy to describe the conditions and time frames under which the insurance company can cancel or terminate this policy.

NOTE: An insurance company's ability to cancel or nonrenew depends heavily on state law. MSO’s choice to omit any cancellation rights from the policy helps avoid confusion.

4. Concealment / Misrepresentation / Fraud

The policy becomes void if any insured party engages in any of the following actions related to this insurance:

·         misrepresents a material fact or circumstance

·         conceals, with full knowledge, a material fact or circumstance

·         commits fraud

·         swears falsely

This applies whether it is done before or after a loss, occurrence, or claim. It also applies if it pertains to the information provided for issuing this policy.

If the insurance company chooses not to void the entire policy, it will still not cover the insured who engaged in any of the actions described above.

Example: Bill Young, president of Young at Heart, LLC, has his secretary, Connie, fill out the insurance application. She is unsure about several details but completes them in a way she thinks will favor the company. Bill signs the application without reviewing it. After a loss, the claims adjuster finds discrepancies between the application and the actual facts. He informs Bill that the policy is void because, even though Connie submitted fraudulent information, Bill signed the application.

Related Court Case: Insured’s Material Misrepresentation Entitled Carrier to Rescind Policy

5. Conformity with statute

The insurance company agrees to modify this policy to meet all applicable statutory requirements.

NOTE: Discussing conformity with the insured is crucial because it can complicate clients' understanding of policies, as they might not be familiar with the amendatory statutes or their benefits. This concern is especially important when policies span multiple states.

6. Coverage Territory

Part I - Property Coverages

Coverage applies to loss or damage occurring in any of the 50 U.S. states, their possessions or territories, the District of Columbia, Canada, or Puerto Rico.

Part II - Liability Coverages

Coverage is limited as follows:

A.      Any of the 50 U.S. states, their possessions or territories, the District of Columbia, Canada, or Puerto Rico.

B.      The coverage territory is international waters or airspace when bodily injury or property damage occurs during transit, but only if the transportation takes place between locations within the coverage territory outlined in A above.

C.     The coverage territory is anywhere in the world if the bodily injury or property damage is due to the following:

·         Activities of a person whose permanent residence is in the coverage territory described in paragraph A. above but is temporarily away for a brief period to conduct business or operations covered by this policy.

·         Products or goods the named insured manufactures or sells within the coverage territory specified in A. above.

An additional restriction applies to this condition: suits and settlement agreements made with the insurance company’s written consent must occur within the coverage territory described in A. above.

7. Examination / Changes

A.      The insurance company reserves the right to inspect the property and operations of the named insured at any time. They can perform surveys and provide recommendations. Inspection and rating bureaus may also conduct inspections. It’s important for the named insured to understand these are for the insurance company's benefit. These inspections do not imply compliance with any laws or regulations, nor do they guarantee health or safety.

B.      The insurance company has the right to audit the named insured's books and records at any time within three years after the policy ends. Only books and records related to premiums paid or the coverage provided can be audited or reviewed. The first named insured must keep these records accessible for the audit and may need to send copies to the insurance company.

C.     The insurance company has the right to adjust the premium due to any of the following:

·         The results of an audit and/or inspection.

·         Premises used in ways not described by the policy, or other types of additions subject to rating.

·         Business entities newly acquired or formed during the policy term.

D.     Part II–Liability Coverage does not require the insurance company to extend coverage to new entities, additions, changes, or premises not described in the policy. Additionally, such items are not covered in any renewal of the policy unless the named insured identifies and reports them to the insurance company and they are included in the renewal policy’s Declarations.

However, an exception applies whereby coverage may apply if additions or changes were made within 60 days prior to the policy renewal date. This exception does not apply to newly formed entities.

Example: The Blue Shoes policy period was 10/1/2025-10/1/2026 and was renewed for the period 10/1/2026-10/1/2027. Sue audited the initial period on 11/1/2025 and found that Blue Shoes was storing shoes at a location not listed on the policy.

Scenario 1: Blue Shoes stored their shoes at that location for many years. Upon renewal, there is no liability coverage for any loss at that premises.

Scenario 2: Blue Shoes entered into a contract to store shoes on 9/1/2025. Upon renewal, the coverage includes the premises. However, Blue Shoes should anticipate contact from the underwriter to their agent.

8. Insurance Under More Than One Coverage

If multiple coverage under the policy apply to the same loss, the insurance company will only be responsible up to the limit of liability and will not pay more than the actual loss incurred. 

9. Liberalization

The insurance company may extend coverage in the policy. Such changes automatically apply to coverage, but only if all of the following conditions are met:

·         The change must be approved during the policy period or within 45 days before its inception.

·         The change must broaden coverage.

·         The change must apply to a coverage included in the policy.

·         The change must not incur a premium charge.

·         A decrease in coverage should not occur alongside the change that expands it.

10. Other Insurance

Part I – Property Coverages

A.      If the named insured has other available insurance for a loss covered under this policy, but that other policy does not have the same provisions as this policy, then this policy's coverage is considered excess over the other insurance. This applies even if the named insured cannot recover from the other insurance for any reason. 

B.      If this policy is excess based on paragraph A. above, the insurance company will cover its portion of the remaining loss that exceeds the total of the following:

1.      The total amount payable by the other insurance, as described, without considering this insurance; and 

2.      The total of deductibles and self-insured retentions under the other policies.

The excess amount calculated is then further shared with any other insurance that is not excess.

Additionally, any remaining loss is divided between the insurance company and other insurers covering the loss, in accordance with the provisions outlined in item C. below.

C.     Insurance available to the named insured under the same terms as this policy is paid as follows:

1.      All other insurance may pay on an equal contribution basis. If so, this policy also pays proportionally. All insurers involved contribute equal shares until their coverage limits are exhausted or the claim is fully paid, whichever happens first.

2.      When other insurers do not contribute equally, this insurance pays a proportional share. The proportion is calculated by dividing this policy's coverage limit by the total coverage from all insurers. This proportion is then multiplied by the loss amount to determine this insurance's payment.

Part II – Liability Coverages

A.      This insurance serves as excess coverage beyond any other insurance under any circumstance as follows:

1.      Coverage that lacks the same provisions as this policy, except for umbrella or excess policies that apply in excess of the limits of this policy.

2.      Property insurance covering the named insured’s work or any premises they rent or occupy. This includes fire, allied lines, or inland marine policies.

3.      Liability insurance covering aircraft, automobiles, watercraft, UAVs, or pollution. This includes both primary and/or excess policies. The excess coverage offered by this policy applies only to the coverage specified in this policy.

4.      Primary liability insurance is available to the named insured because they are also listed as an additional insured under another policy. This applies when damages arise from a business, operations, or premises covered and described by that other policy.

B.      When this policy is excess, as explained in paragraph A., the insurance company responds as follows:

1.      The insurance company is not obligated to defend or offer any defenses. However, it may choose to do so under certain conditions as follows: 

·         When no other company offers a defense. In this case, the insurance company secures the insured’s rights against those other insurance companies.

·         If it elects to collaborate with the other insurer(s) in providing a defense.

·         If it elects to provide its own defense.

2.      The insurance company covers its portion of any remaining loss exceeding the total of the following:

·         The total amount payable by the other insurance, as described, without considering this insurance; and 

·         The total of deductibles and self-insured retentions under the other policies.

Additionally, any remaining loss is divided between the insurance company and other insurers covering the loss, in accordance with the provisions outlined in item C. below.

C.     Insurance available to the named insured under the same terms as this policy (or where this insurance company along with others is primary) is paid as follows:

1.      All other insurance may contribute equally. In that case, this policy also pays proportionally. All parties pay equal shares until their insurance limits are exhausted or the loss is fully paid.

2.      When any carrier does not contribute equally, this insurance pays a proportionate amount. The proportion is calculated by dividing that carrier's insurance limit by the total insurance available from all carriers. This percentage is then multiplied by the loss amount to determine the amount of loss it pays.

11. Premiums

All premium payments are the responsibility of the first named insured. They are required to pay the premium on time and will receive any refunded premiums. When a premium adjustment, such as an audit, is made, the premium due notice is sent to the first named insured. That notice is due and payable upon receipt.

12. Recovery from Others

The insurance company may make payments to an insured or other parties for a covered loss. In such cases, the payee's rights against others for that loss transfer to the insurance company. These rights are limited to only the actual amount paid for the loss. The payee must preserve these rights and cooperate with the insurance company to protect them.

The named insured (but not any other insured) can waive its rights of recovery to any party but only prior to a loss. After a loss occurs, the named insured can waive its rights of recovery related to that loss only under either of the following conditions:

A.      The recovery rights are directed against another insured listed on the policy.

B.      The rights of recovery are against a business that is either owned or controlled by the named insured, or a business that owns or controls the named insured.

The insurance company has no obligation to pay if the rights of recovery are waived under any circumstances other than those described above.

Example: A bulldozer mistakenly turns right instead of left, damaging the sign at Healthy Fitness. The insurance company pays the loss and subsequently asks Healthy to assist in recovering damages from the bulldozer driver and his employer.

Scenario 1: Healthy had waived its right to recover in a contract with the bulldozer driver. Coverage still applies.

Scenario 2: The silent investor in Healthy operated the bulldozer, and Healthy waives any rights of recovery against that investor. Coverage still applies.

Scenario 3: The bulldozer driver pleads with Healthy not to sue because he forgot to request a waiver beforehand. Healthy signs the waiver after the incident, which then voids the coverage.

13. Time of Inception

Part I – Property Coverages

The policy begins and expires at 12:01 a.m. standard time at the location specified on the declarations. A loss is only covered if it occurs during the policy period.

NOTE: The beginning and ending of the policy period are based on the described premises, not the mailing address.

Example: Penelope Pages has two bookstore locations: one in Indianapolis, IN, and another in Scottsdale, AZ. The policy term is 01/01/2025 to 01/01/2026. Coincidentally, fires broke out at both locations simultaneously on 12/31/2025 at 11:59 PM Mountain Standard Time, which corresponds to 01/01/2026 at 1:59 AM in Indianapolis. The Indianapolis loss is not covered under the policy, but the Scottsdale loss is.

The loss of income coverage described in Coverage C – Loss of Income clarifies that the policy's expiration date does not affect the coverage period. The loss must occur within the policy period, but the coverage is not limited to that period. However, coverage is limited to a maximum of 365 days from the first day of the covered loss.

Part II – Liability Coverages

The policy begins and expires at 12:01 a.m. standard time at the location specified on the declarations.  

NOTE: The beginning and ending of the policy period are based on the described premises, not the mailing address.

Example: Priscilla is in Japan on a buying trip and rushing to a meeting when she collides with Peggy, a buyer from a nearby competitor. After returning to the U.S., Peggy files a lawsuit against Priscilla. The accident occurred at 12:59 PM Tokyo time on January 1, 2026, which corresponds to 11:59 AM on December 31, 2025, at the specified location. The 1/1/2025 – 1/1/2026 policy would cover this loss.

14. Waiver or Changes of Provisions

The first named insured is the only person authorized to request a policy change. However, the insurance company is not obligated to approve the request. Any policy modifications are only valid if they are in writing, signed by the insurance company’s agent, and attached to the policy. The insurance company's exercise of its rights under the policy does not imply that it waives any other policy terms or conditions.

Example: Mabel’s Fine Foods is sued. Quality Insurance Company questions whether the policy covers the claim, but it will provide a defense during its investigation. Exercising its right to defend and investigate does not prevent Quality from denying coverage later.

The final sentence of the paragraph is crucial as it clarifies that the policy includes all agreements between the insurance company and the named insured.

Example: Jay reviews his Declarations and sees that Location 2 is missing. He contacts Peter, his insurance agent, who confirms there was an error. Despite this, no steps are taken, and a loss happens at Location 2. The claim is denied because the location isn't listed. The discussion between Jay and Peter does not extend the coverage to include this loss.

COMPARE: BU 04 01 AND BU 04 02

BU 04 01 – Businessowners Policy and the BU 04 02 – Named Perils Businessowners Policy are similar. This section addresses only the sections of the policies that are different.

Part I A–Main Property Coverages

Coverage A–Buildings

E. Supplies and materials

This coverage is altered because BU 04 02 does not cover theft of building materials. However, BU 04 02 can provide coverage by selecting the Burglary and Robbery Optional Coverage and showing a limit for building materials on the Declarations. Coverage is then provided up to the limit shown.  

Coverage D–Money and Securities – Expanded Coverage Extension

This coverage is not part of BU 04 02. Burglary and Robbery is an optional coverage available elsewhere in the policy.

Part 1 B–Supplemental Coverages

BU 04 01 has 21 coverages. BU 04 02 has only 18. BU 04 02 does not include the following coverages:

·         5. Collapse Coverage

·         22. Water Damage/Related Damage Repair Expense Coverage

Part I C – Losses Insured

The causes of loss provided in the Basic Plus Coverage under Coverage B – Business Personal Property in BU 04 01 are similar causes of loss provided for Coverages A, B, and C in BU 04 02.

The following causes of loss are not included in the BU 04 02:

·         Weight of ice, sleet, or snow

·         k. Water damage

·         4. Specified Causes of Loss  

Part 1 D – Property Exclusions / Limitations

Property Not Covered

BU 04 02 under 1.I does not include the verbiage related to Vehicle Coverage under Part I B – Supplemental Coverage. However, 20. Vehicle Coverage under Part I B – Supplemental Coverage appears to be identical in both policies.

Property Restrictions – Coverage B

·         BU 04 01 limits coverage for breakage of fragile items, furs, and jewelry if the loss results from other than one of the Specified Causes of Loss.

·         BU 04 02 lacks these restrictions because coverage is limited to only those causes of loss that are named in the policy.  

Part I E – Losses Not Insured

The following exclusions listed in BU 04 01 but are not present in BU 04 02. This is because BU 04 02 is a named-perils policy and does not cover these types of causes of loss anyway.

·         9. Leakage from Frozen Equipment Exclusion

·         11. Water Damage Exclusions

·         14. Wear, Tear, and Other Specified Causes of Loss Exclusion

·         15. Weather/Related Exclusion

Part I F – Optional Coverages

Burglary and Robbery Coverage

Both BU 04 01 and BU 04 02 offer this optional coverage. However, it is available under BU 04 01 only if Basic Plus Coverage is selected. It is not needed when Expanded Coverage is purchased because theft coverage for personal property is provided, and Coverage D–Money and Securities is also provided.

When the option is selected under BU 04 02, fur and jewelry restrictions are added similar to the Property restrictions above.

Outdoor (Exterior) Building Glass Coverage

This option is only available in BU 04 01. It is not available in BU 04 02.

Common Glossary Parts I and II

The term “Collapse” is used in BU 04 01, but not in BU 04 02 since sinkhole collapse is the only peril covered. All other terms are identical.

All other sections of these policies are identical.