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Wedding InsuranceThe Bridal Association of America now has Insurance for Anniversary Party, Baby Shower, Bar Mitzvah, Bat Mitzvah, Birthday Party, Engagement Party, Wedding, Wedding Reception, Wedding Rehearsal Dinner or Wedding Shower.
$500,000 Liability limit with one Additional Insured, $200 minimum.
You, the special event holder, will most likely be required to provide proof of liability insurance to the facility/venue where you have decided to hold your special event. In addition to providing proof (in the form of a piece of paper known as a Certificate of Insurance) to the facility/venue that you have secured a liability insurance policy, you may also be required to add the facility/venue to this required liability insurance policy as an insured. This is known as adding the facility/venue as an Additional Insured to this liability insurance policy which the facility/venue requires you to purchase before you will be allowed to hold your special event. The practice of a facility/venue requiring that they be named as an Additional Insured on a $1,000,000 General Liability insurance policy by all persons or entities renting or using the site, is quite common. This insurance industry practice is a well known and proven method of risk transfer from the standpoint and to the benefit of the facility/venue. The facility or venue is attempting to transfer some of the risk of a liability lawsuit to you, the event holder. It is so common, in fact, that the required Additional Insured wording or language is generally contained within the Insurance Requirement section of the Facility Rental Agreement or Facility Use Agreement. This agreement refers to the short term rental contract which you signed at the time you rented the facility/venue for your special event. To quote or apply for special event insurance, make your selection above based upon the type of event you are having or attempting to insure. Wedding Insurance TABLE OF CONTENTS Page DECLARATIONS 01 TABLE OF CONTENTS 02 PRIVATE EVENT CANCELLATION INSURANCE A. Insuring Agreement 03 B. Definitions 03 SECTION I PRIVATE EVENT CANCELLATION INSURANCE PROPERTY COVERAGE A. Property Coverage 05 01. Cancellation Or Postponement Coverage 05 a. What We Will Pay Under Cancellation Or Postponement Coverage 05 b. Exclusions-What We Do Not Cover Under Cancellation Or Postponement Coverage 05 02. Additional Expense Coverage 07 03. Photographs And Video Tape Coverage 07 a. What We Will Pay Under Photographs And Video Tape Coverage 07 b. Exclusions-What We Do Not Cover Under Photographs And Video Tape Coverage 07 04. Gifts Coverage 08 a. What We Will Pay Under Gifts Coverage 08 b. Exclusions-What We Do Not Cover Under Gifts Coverage 08 05. Rented Property Coverage 09 a. What We Will Pay Under Rented Property Coverage 09 b. Exclusions-What We Do Not Cover Under Rented Property Coverage 09 06. Special Attire Coverage 10 a. What We Will Pay Under Special Attire Coverage 10 b. Exclusions-What We Do Not Cover Under Special Attire Coverage 10 07. Jewelry Coverage 10 a. What We Will Pay Under Jewelry Coverage 10 b. Exclusions-What We Do Not Cover Under Jewelry Coverage 10 B. Limits Of Insurance 11 C. Deductible 11 D. Loss Conditions 11 01. What You And/Or The Honoree Must Do After A Loss Occurs 11 02. Appraisal 11 03. Loss Payment 12 04. Privilege To Adjust With Property Owner 12 05. Abandonment 12 SECTION II PRIVATE EVENT CANCELLATION INSURANCE PERSONAL LIABILITY COVERAGE A. Personal Liability And Medical Payments To Others Coverage 12 01. Personal Liability Coverage 12 a. Our Duty To Defend 12 b. Exclusions-What We Do Not Cover Under Personal Liability Coverage 12 02. Medical Payments To Others Coverage 13 03. Additional Payments 14 B. Limits Of Insurance 14 C. Property Damage Deductible 14 D. Loss Conditions 14 01. Duties In The Event Of An Occurrence, Offense, Claim Or Suit 14 02. Medical Payments To Injured Persons 15 SECTION III PRIVATE EVENT CANCELLATION INSURANCE GENERAL CONDITIONS A. Assignment Of Policy 15 B. Bankruptcy 15 C. Cancellation 15 D. Change Of Location 15 E. Concealment Or Fraud 15 F. Coverage Changes 15 G. Legal Action Against Us 15 H. Other Insurance 16 I. Transfer Of Rights Of Recovery Against Others To Us 16 J. Conformity To State Statutes 16 Page 2 of 16 1997 Fireman’s Fund Insurance Company 5301-6-97 PRIVATE EVENT CANCELLATION INSURANCE A. Insuring Agreement In reliance on the statements you made to us, we agree to provide the insurance described in this policy. In return, you must pay the premium and comply with the policy terms. By accepting this policy, you agree that: 01. The statements in the Declarations and the application are your agreements and representations; 02. We have issued this policy in reliance on the truth of such representations; and 03. This policy contains all agreements existing between you and us, or any of our agents. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties, and what is and is not covered. IMPORTANT NOTICE: YOU HAVE ONLY THOSE COVERAGES FOR WHICH LIMITS ARE SHOWN ON THE DECLARATIONS PAGE. B. Definitions Throughout this policy, the words “you” and “your” refer to the Named Insured shown in the Declarations. “You” and “your” also refer to the spouse of the Named Insured, if a resident of the same household. The words “we”, “us” and “our” refer to the insurance company providing this insurance. Other words and phrases that appear in bold face type have special meaning. They are defined as follows: 01. Bodily Injury means bodily harm, sickness or disease. It includes death that results from any of these. 02. Extreme Weather Conditions means intense or catastrophic weather conditions including but not limited to flood, earthquake, volcanic eruption, hurricane, tidal wave, tornado, typhoon, cyclone, blizzard, ice storm, windstorm with winds in excess of 65 miles per hour, or similar conditions. 03. Gifts means any item of personal property which is given to the Honoree in connection with the Private Event. However, Gifts does not include: a. cash or cash equivalents, including but not limited to, bank notes, coins, checks, bullion, gold other than goldware, silver other than silverware, platinum, tickets, securities, money orders, revenue stamps, other stamps in current use, or tokens; b. accounts, bills, deeds or an evidence of debt; c. passports or other documents; d. self-propelled vehicles that are designed for highway use; or e. aircraft. 04. Honoree means the person or persons named in the Declarations as Honoree, and in whose honor or for whose benefit the Private Event is being held. 05. Medical Expense means the reasonable and necessary cost of the following services: a. medical, surgical, x-ray and dental services; b. prosthetic devices, eye glasses, hearing aids; c. medicinal drugs; or d. ambulance, hospital, licensed nursing and funeral services. 06. Nuclear Action means nuclear reaction, discharge, radiation or radioactive contamination. It includes any consequence of any of these. Loss caused by Nuclear Action is not considered loss by fire, explosion or smoke. However, direct loss by fire resulting from Nuclear Action is covered. 07. Occurrence means: a. under Private Event Cancellation Insurance Property Coverage, an accidental loss to covered property. b. under Private Event Cancellation Insurance Personal Liability Coverage: (01) an accident, including continuous or repeated exposure to similar harmful conditions which results in Bodily Injury or Property Damage; or (02) an act or series of related acts which results in Personal Injury. 1997 Fireman’s Fund Insurance Company 5301-6-97 Page 3 of 16 08. Personal Injury means injury other than Bodily Injury that arises out of any of the following acts: a. false arrest, false detention or false imprisonment; b. malicious prosecution; c. wrongful entry or wrongful eviction; d. defamation, libel or slander; or e. invasion of privacy. 09. Photographs means any still photographs which are taken of the Private Event by a professional photographer. 10. Policy Period means the time this policy is in effect from the date and hour shown in the Declarations as “Inception Date” until the date and hour shown in the Declarations as “Expiration Date”. 11. Policy Territory means the United States, its territories and possessions, and Canada. 12. Private Event means the private party or festivity described in the Declarations which is scheduled to take place at the date and place shown in the Declarations. It includes all related activities that are described in the Declarations as taking place at a specific place and date, such as: a. any ceremony or religious ritual; b. any dinner that takes place in conjunction with a formal rehearsal of the ceremony and is held, principally for the Honoree, relatives of the Honoree, and others who are to take part in the ceremony or ritual; and c. any reception or dinner for the Honoree and guests that is part of the Private Event. 13. Property Damage means physical injury to or destruction of tangible property. It includes loss of use of such property. 14. Rented Property means any item of personal property that you or the Honoree rent from others to facilitate the production of the Private Event. It includes but is not limited to, temporary outdoor shelters, such as tents or marquees, tables, chairs and stages. Rented Property does not include: a. precious stones, jewelry or similar items of value; b. paintings, statuary or other works of art; c. property while waterborne, unless on a transporting land conveyance aboard any regular ferry operating on inland waterways; d. property shipped to or from Alaska, Hawaii or Puerto Rico; or e. Special Attire. 15. Special Attire means the clothing, including but not limited to hats, gloves and shoes, that you or the Honoree buy or rent specifically to be worn at the Private Event by: a. you; b. the Honoree; or c. any attendants of the Honoree. Special Attire does not include watches, jewelry or precious or semi-precious gemstones or pearls, even when attached to clothing. 16. War includes: a. undeclared war, civil war, insurrection, rebellion or revolution; b. warlike act by a military force or military personnel; c. destruction or seizure or use for a military purpose; or d. any consequence of any of these. Discharge of a nuclear weapon shall be deemed a warlike act, even if accidental. 1997 Fireman’s Fund Insurance Company 5301-6-97 Page 4 of 16 SECTION I PRIVATE EVENT CANCELLATION INSURANCE PROPERTY COVERAGE A. Property Coverage 01. Cancellation Or Postponement Coverage We cover the nonrefundable expenses you or the Honoree have incurred in connection with the Private Event if it must be canceled or postponed as a result of a cause of loss not excluded. a. What We Will Pay Under Cancellation Or Postponement Coverage We will pay, up to the limit of insurance, the following costs you or the Honoree incurred in connection with the Private Event up to the time it was canceled or postponed, and which you or the Honoree cannot have refunded by the vendor: (01) costs to rent the premises where the Private Event was to be held; (02) transportation costs, such as, limousines and air fares incurred in connection with the Private Event; (03) cost of catering services; (04) cost of hotel accommodations incurred in connection with the Private Event; (05) photographers’ fees, musicians’ fees and florists’ fees; (06) dressmakers’ fees, tailors’ fees and cost to rent Special Attire. But we will not pay dressmakers’ fees or tailors’ fees for any Special Attire which is retained by you, the Honoree, or any attendants of the Honoree; (07) if the Private Event is a wedding, cost of transportation and hotel accommodations or any similar non-refundable costs incurred in connection with the honeymoon; and (08) any similar nonrefundable costs you or the Honoree incur in connection with the Private Event. b. Exclusions-What We Do Not Cover Under Cancellation Or Postponement Coverage (01) Known Circumstances We do not cover any expenses incurred if the Private Event is canceled or postponed due to circumstances which you or the Honoree knew at the time you applied for this policy were likely to cause the Private Event to be can celed or postponed. (02) Lack Of Funds We do not cover any expenses incurred if the Private Event is canceled or postponed due to lack of funds. But this does not apply when the lack of funds is caused by you or the Honoree becoming entitled to state umemployment compensation because of the loss of a job which occurred after this policy was issued. (03) Regulation Or Law We do not cover any expenses incurred if the Private Event is canceled or postponed due to any regulation or law of any local, state or federal authority. (04) Vendor Errors & Omissions We do not cover any expenses incurred if the Private Event is canceled or postponed due to errors or omissions of anyone hired to provide goods or services for the Private Event. But this does not apply to errors or omissions committed: (a) by the person who was engaged to perform the ceremony or ritual which is part of the Private Event which prevent the Private Event from taking place; (b) by the person or entity from whom you or the Honoree hired the premises where the Private Event was to take place which prevent the use of such premises for the event; or (c) by the person or entity from whom you or the Honoree hired the catering services for the Private Event; as long as you and the Honoree have made all reasonable efforts to arrange for other services or to find another place to hold the Private Event. (05) Strikes Or Lockouts We do not cover any expenses incurred if the Private Event is canceled or postponed due to strikes or lockouts. But this does not apply to strikes or lockouts which take place at the premises where the Private Event is to take place which prevent the Private Event from taking place, as long as you and the Honoree have made all reasonable efforts to find another place to hold the Private Event. 1997 Fireman’s Fund Insurance Company 5301-6-97 Page 5 of 16 (06) Riot Or Civil Commotion We do not cover any expenses incurred if the Private Event is canceled or postponed due to civil commotion or riots. But this does not apply if a civil authority: (a)forbids all access to the area where the Private Event is to take place, as long as you and the Honoree have made all reasonable efforts to find another place to hold the Private Event; or (b)limits access of all persons to the area in such a way that the Private Event cannot be held as planned, as long as you and the Honoree have made all reasonable efforts to find another place to hold the Private Event. (07) Weather Conditions We do not cover any expenses incurred if the Private Event is canceled or postponed due to weather conditions. But, if the inception date of this policy is at least 14 calendar days prior to the date the Private Event is scheduled to take place, this exclusion will not apply to Extreme Weather Conditions which: (a) prevent you, the Honoree, any relative of the Honoree whose presence at the Private Event is essential, or the majority of the guests from reaching the premises where the Private Event is to take place; or (b)damage the premises where the Private Event is to take place, preventing them from being used for the event, and you and the Honoree have made all reasonable efforts to find another place to hold the event. (08) Failure To Notify We do not cover any expenses incurred because you or the Honoree fail to notify, as soon as practicable, any vendor hired to provide goods or services for the Private Event that it has been canceled or postponed. (09) Decisions Of Honoree We do not cover any expenses incurred if the Private Event is canceled or postponed due to a decision by the Honoree not to proceed with or take part in the Private Event or any accompanying ceremony or ritual. (10) Bodily Injury We do not cover any expenses incurred if the Private Event is canceled or postponed due to Bodily Injury to any person caused by or resulting from: (a) a self inflicted injury; (b) the use of alcohol or drugs; (c) insanity of any person; (d) military operations of any kind; (e) aircraft. But this does not apply to Bodily Injury to a fare paying passenger of a regularly scheduled aircraft; (f) taking part in any hazardous sport or activity, including but not limited to; (aa) hunting; (bb) skiing or sledding; (cc) racing of vehicles of any kind; (dd) skin diving or sky diving; (g) a pregnancy which began before the date this policy took effect. But this does not apply if the expected delivery date is more than two months after the date the Private Event is scheduled to take place; or (h) Acquired Immune Deficiency Syndrome (AIDS) or AIDS Related Complex (ARC). (11) Death From Known Circumstances We do not cover any expenses incurred if the Private Event is canceled or postponed due to the death of anyone who was diagnosed as terminal prior to the inception date of this policy. But this does not apply if death resulted from a cause not related to the diagnosis. 1997 Fireman’s Fund Insurance Company 5301-6-97 Page 6 of 16 (12) Advice Of Physician We do not cover any expenses incurred if the Private Event is canceled or postponed due to Bodily Injury to any person if the Private Event was scheduled against the advice of that person’s medical doctor. But this does not apply if the Bodily Injury was not related to the condition that led to the advice. (13) Nuclear Action Or War We do not cover any expenses incurred if the Private Event is canceled or postponed due to Nuclear Action or War. (14) Criminal Conduct We do not cover any expenses incurred if the Private Event is canceled or postponed because you or the Honoree are arrested or imprisoned for any criminal activity. 02. Additional Expense Coverage We cover the additional expenses over and above the original invoice cost that you or the Honoree incur: a. to arrange alternate services for the Private Event; or b. to hire another site to hold the Private Event, in order to prevent a covered cause of loss from causing the Private Event to be canceled or postponed. 03. Photographs And Video Tape Coverage You and the Honoree have this coverage only if a limit of insurance is shown for it on the Declarations page. We cover the expenses you or the Honoree necessarily incur to have Photographs retaken or a video tape remade if: (01) the professional you or the Honoree hired to take the Photographs or make the video tape fails to appear at the Private Event; (02) the original film or tape produced by the professional is lost or damaged due to any cause not excluded before copies are made of them; or (03) the exposed film or tape produced by the professional does not develop. a. What We Will Pay Under Photographs And Video Tape Coverage When the loss or damage is to Photographs, we will pay, up to the limit of insurance: (01) the round trip travel expenses incurred by the Honoree, the immediate family of the Honoree, and attendants to reassemble for Photographs to be retaken, including: (a) coach class air fare to and from any place within the Policy Territory for those persons living more than 200 miles from the place where Photographs will be retaken; (b) mileage at $0.30 per mile, tolls and parking fees for those who drive to the place where Photographs will be retaken; (c) up to $500 per person for meals and lodging incurred while traveling; (02) costs you or the Honoree incur to rehire a photographer; (03) costs you or the Honoree incur to rent a premises to stage the Photographs and to buy a cake and flowers; and (04) costs you or the Honoree incur to rent necessary Special Attire. When the loss or damage is to a video tape which was produced by a professional videographer, we will pay up to $500 to have a video tape made of Photographs and other materials. This amount is included in the total limit for Photographs And Video Tape Coverage shown on the Declarations page. b. Exclusions-What We Do Not Cover Under Photographs And Video Tape Coverage (01) Ordinary Causes We do not cover loss or damage to Photographs or video tapes caused by: (a) wear or tear, gradual deterioration; (b) insects, moths or vermin; or (c) wetness or dryness of atmosphere. 1997 Fireman’s Fund Insurance Company 5301-6-97 Page 7 of 16 (02) Confiscation Or Detention We do not cover loss or damage to Photographs or video tapes caused by confiscation or detention. (03) Sound Quality We do not cover loss or damage to video tapes due to the absence, clarity or quality of sound on any tape or recording. (04) Nuclear Action Or War We do not cover loss or damage to Photographs or video tapes caused by Nuclear Action or War. 04. Gifts Coverage You and the Honoree have this coverage only if a limit of insurance is shown for it on the Declarations page. We cover Gifts against physical loss or damage that results during the Policy Period, from a cause of loss not excluded while the Gifts are within the Policy Territory. a. What We Will Pay Under Gifts Coverage We will pay the full cost to repair or replace the lost or damaged property, without deduction for depreciation. The most we will pay for any lost or damaged item shall not exceed the lesser of: (01) the cost of a new item identical to the one damaged or destroyed; or (02) when an identical item is no longer manufactured or is not available, a new item of comparable quality and usefulness; or (03) 10 percent of the total limit for Gifts. b. Exclusions-What We Do Not Cover Under Gifts Coverage (01) Ordinary Causes We do not cover loss or damage to Gifts caused by: (a) wear or tear, gradual deterioration or inherent vice; (b) insects, moths or vermin; or (c) wetness or dryness of atmosphere, freezing or extremes of temperature. (02) Repair Of Fine Arts We do not cover loss or damage to Gifts that are fine arts caused by any repair, restoration or retouching process. (03) Breakage Or Scratching We do not cover loss or damage by breakage, marring or scratching of Gifts that are statuary, marble, glass, china, porcelains, furniture or other fragile items. But this does not apply if the damage is the direct result of: (a) fire, explosion or smoke; (b) lightning, windstorm, hail, earthquake or flood; (c) aircraft, spacecraft, self-propelled missiles, or objects that fall from any of these; (d) vehicles of any kind; (e) strikes, riots, civil commotion or vandalism; (f) theft or attempted theft which is reported to the police within 24 hours of the discovery; (g) sprinkler leakage; or (h) collapse of buildings. (04) Repair Processes We do not cover loss or damage to Gifts caused by any process to repair, adjust, service or maintain the property unless a fire or explosion results. (05) Mechanical Breakdown We do not cover loss or damage to Gifts caused by mechanical breakdown or failure, unless a fire or explosion results. 1997 Fireman’s Fund Insurance Company 5301-6-97 Page 8 of 16 (06) Electrical Current We do not cover loss or damage to Gifts that are electrical appliances (including their wiring) caused by electrical current, other than lightning, unless fire or explosion results. (07) Theft From An Unattended Vehicle We do not cover loss or damage to Gifts caused by theft from an unattended vehicle. But this does not apply if: (a) there are visible signs of forced entry requiring repair to the vehicle; and (b) the theft is reported to the police within 24 hours of the discovery. (08) Nuclear Action Or War We do not cover loss or damage to Gifts caused by Nuclear Action or War. 05. Rented Property Coverage You and the Honoree have this coverage only if a limit of insurance is shown for it on the Declarations page. We cover Rented Property against physical loss or damage that results during the Policy Period from a cause of loss not excluded while the Rented Property is within the Policy Territory and in the care, custody or control of you or the Honoree. a. What We Will Pay Under Rented Property Coverage We will pay the cost to repair or replace the lost or damaged Rented Property. The most we will pay for any lost or damaged item shall not exceed the actual cash value of the item at the time of loss. b. Exclusions-What We Do Not Cover Under Rented Property Coverage (01) High Valued Items We do not cover loss or damage to any item of Rented Property with an actual cash value of $1,000 or more unless that item is specifically scheduled on this policy. (02) Ordinary Causes We do not cover loss or damage to Rented Property caused by: (a) wear or tear, gradual deterioration or inherent vice; (b) insects, moths or vermin; or (c) wetness or dryness of atmosphere, freezing or extremes of temperature. (03) Mechanical/Electrical Breakdown We do not cover loss or damage to Rented Property caused by mechanical or electrical breakdown or failure, unless a fire or explosion results. (04) Delay Or Loss Of Market We do not cover loss or damage to Rented Property caused by delay, loss of market, loss of use, or interruption of business. (05) Dishonesty We do not cover loss or damage to Rented Property caused by any dishonest act committed at any time by; (a) you; (b) the Honoree; (c) any person in the employ or service of you or the Honoree; or (d) any person, other than carriers for hire, to whom the Rented Property was entrusted. (06) Theft From An Unattended Vehicle We do not cover loss or damage to Rented Property caused by theft from an unattended vehicle. But this does not apply if: (a) there are visible signs of forced entry requiring repair to the vehicle; and (b) the theft is reported to the police within 24 hours of the discovery. (07) Nuclear Action Or War We do not cover loss or damage to Rented Property caused by Nuclear Action or War. 1997 Fireman’s Fund Insurance Company 5301-6-97 Page 9 of 16 (08) Neglect Of Insured We do not cover loss or damage to Rented Property that results because you or the Honoree fail to exercise ordinary care in protecting the Rented Property from loss. (09) Mysterious Disappearance We do not cover loss or damage to Rented Property caused by unexplained loss, mysterious disappearance, or shortage disclosed upon taking inventory. 06. Special Attire Coverage You and the Honoree have this coverage only if a limit of insurance is shown for it on the Declarations page. We cover Special Attire against physical loss or damage that results during the Policy Period by a cause of loss not excluded while the Special Attire is within the Policy Territory. a. What We Will Pay Under Special Attire Coverage We will pay the full cost to repair or replace the lost or damaged Special Attire, without deduction for depreciation. The most we will pay for any lost or damaged item shall not exceed: (01) the cost of a new item identical to the one damaged or destroyed; or (02) when an identical item is no longer manufactured or is not available, a new item of comparable quality and usefulness. b. Exclusions-What We Do Not Cover Under Special Attire Coverage (01) Ordinary Causes We do not cover loss or damage to Special Attire caused by wear or tear, gradual deterioration or inherent vice. (02) Theft From An Unattended Vehicle We do not cover loss or damage to Special Attire caused by theft from an unattended vehicle. But this does not apply if: (a) there are visible signs of forced entry requiring repair to the vehicle; and (b) the theft is reported to the police within 24 hours of the discovery. (03) Nuclear Action Or War We do not cover loss or damage to Special Attire caused by Nuclear Action or War. 07. Jewelry Coverage You and the Honoree have this coverage only if a limit of insurance is shown for it on the Declarations page. We cover the items of jewelry scheduled in this policy which are loaned to you or the Honoree or which you or the Honoree own or rent, against physical loss or damage which results during the Policy Period from a cause of loss not excluded while the jewelry is within the Policy Territory. a. What We Will Pay Under Jewelry Coverage We will pay the full cost to repair or replace the lost or damaged jewelry, without deduction for depreciation. Our maximum liability for any lost or damaged item shall not exceed the amount shown in the schedule for that item. In case of loss of any item that is part of a pair or set, we will pay the amount shown in the schedule for the set upon surrender of the remaining items of the set to us. b. Exclusions-What We Do Not Cover Under Jewelry Coverage (01) Ordinary Causes We do not cover loss or damage to jewelry caused by wear or tear, gradual deterioration or inherent vice. 1997 Fireman’s Fund Insurance Company 5301-6-97 Page 10 of 16 (02) Theft From An Unattended Vehicle We do not cover loss or damage to jewelry caused by theft from an unattended vehicle. But this does not apply if: (a) there are visible signs of forced entry requiring repair to the vehicle; and (b) the theft is reported to the police within 24 hours of the discovery. (03) Nuclear Action Or War We do not cover loss or damage to jewelry caused by Nuclear Action or War. B. Limits Of Insurance Regardless of the number of claims made, the amount shown in the Declarations as the limit of insurance for each separate coverage is the most we will pay in the aggregate for all claims or losses involving that coverage that arise from all Occurrences during the Policy Period. C. Deductible From the total of all expenses or losses arising out of any one Occurrence, we shall deduct the amount shown in the Declarations as “Deductible”. The deductible shall apply separately to each coverage. D. Loss Conditions 01. What You And/Or The Honoree Must Do After A Loss Occurs If a loss occurs or if you or the Honoree know of any facts which may reasonably lead to a claim under this insurance, you or the Honoree must do the following things: a. Promptly, give us or our agent written notice. In case of theft, also notify the police. b. Protect the property from further loss. At our request, allow us to inspect the damaged property. c. Make all reasonable effort to find another place to hold the Private Event if the original premises is closed on the date of the Private Event. d. Make all reasonable effort to buy or rent alternate Special Attire if the original attire is damaged beyond repair prior to the date of the Private Event. e. If you, the Honoree or any relative of the Honoree suffers a Bodily Injury which may cause the Private Event to be can celed, that person must seek medical care from a duly qualified medical doctor whose advice they shall follow. The injured person must permit doctors of our choice to examine them as often as we may reasonably require. If death results from the Bodily Injury, we shall be entitled to make a post mortem examination at our own expense. f. Within 60 days after the Occurrence, give us a signed, sworn proof of the loss. We will provide you with the form. The proof of loss must include all of the following information: (01) the time and cause of loss; (02) a detailed list of the damaged or lost property, showing the quantity, cost and the amount of loss claimed; and (03) copies of receipts supporting the costs and expenses which are claimed. g. At our request submit to examinations under oath as often as we request, and sign the answers. h. Make all reasonable effort to obtain necessary goods and services from alternate vendors, if the original vendors fail to perform. 02. Appraisal If we and either you or the Honoree disagree on the amount of a claim, either may make written demand for an appraisal. In this event each party will select a competent and impartial appraiser. The two appraisers will select an umpire. The appraisers will state separately the amount of covered expenses. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: a. pay its chosen appraiser, and b. bear the other expenses of the appraisal and umpire equally. 1997 Fireman’s Fund Insurance Company 5301-6-97 Page 11 of 16 03. Loss Payment We will pay any claim within 30 days after: a. we have reached agreement with you or the Honoree on the amount of loss; or b. an appraisal award has been made and filed with us. We will pay you or the Honoree as interests may appear unless some other person is named as “Loss Payee” with respect to the damaged or lost property. 04. Privilege To Adjust With Property Owner In case of damage or loss to Rented Property or to jewelry which is borrowed or rented, we will adjust any claim with the owner of the property. If we pay the owner for the loss, that will satisfy our obligation to you and the Honoree under that coverage. 05. Abandonment There can be no abandonment of any property to us. SECTION II PRIVATE EVENT CANCELLATION INSURANCE PERSONAL LIABILITY COVERAGE A. Personal Liability And Medical Payments To Others Coverage 01. Personal Liability Coverage You and the Honoree have this coverage only if a limit of insurance is shown for it on the Declarations page. We will pay up to the limit of insurance all sums you or the Honoree become legally responsible to pay as damages due to an Occurrence: (01) that takes place during the course of the Private Event and within the Policy Territory; and (02) that results in Bodily Injury, Property Damage or Personal Injury. a. Our Duty To Defend We will defend any claim brought against you or the Honoree seeking damages that are covered under this coverage of the policy. We will do this even if the allegations of the claim are groundless, false or fraudulent. We may, at our discretion, investigate and settle any such claim. Our right and duty to defend claims covered under this coverage of the policy ends when we have used up the applicable limit of insurance in the payment of judgments or settlements. b. Exclusions-What We Do Not Cover Under Personal Liability Coverage (01) Aircraft/Watercraft/Vehicles We do not cover Bodily Injury or Property Damage arising out of the ownership, maintenance, use, loading or unloading, or entrustment to others of: (a) any aircraft; (b) any watercraft; (c) any motorized land vehicle including attached trailers. (02) Injury To You Or The Honoree We do not cover Bodily Injury, Property Damage or Personal Injury to you or the Honoree. (03) Athletic Activities We do not cover Bodily Injury to any person while taking part in any sport or athletic activity or event. (04) Liquor Liability We do not cover Bodily Injury or Property Damage for which any person may be held liable by reason of: (a) causing or contributing to the intoxication of any person; (b) the furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (c) violation of any law or regulation relating to the sale, gift, distribution or use of alcoholic beverages. But this exclusion applies only if you are in the business of manufacturing, distributing, selling or furnishing alcoholic beverages. 1997 Fireman’s Fund Insurance Company 5301-6-97 Page 12 of 16 (05) Other Premises We do not cover Bodily Injury or Property Damage arising out of any premises other than the premises where the Private Event is to take place. (06) Nuclear Action Or War We do not cover Bodily Injury or Property Damage caused directly or indirectly by Nuclear Action or War. (07)Workers’ Compensation We do not cover Bodily Injury to any person eligible to receive any benefits required to be provided or voluntarily provided under any workers’ compensation, non-occupational disability or occupational disease law. (08) Fines Or Penalties We do not cover liability for fines, penalties, liquidated damages or punitive damages. (09) Property In The Care, Custody Or Control Of You Or The Honoree We do not cover Property Damage to property in the care, custody or control of you or the Honoree. But this does not apply to Property Damage to: (a) personal effects or vehicles of any guest while at the Private Event; (b) any other vehicles (not belonging to or loaned or hired by you or the Honoree) while parked and for which you or the Honoree are responsible; (c) the premises (including fixtures and contents) which you or the Honoree temporarily hire as the site where the Private Event is to take place. (10) Property Sold Or Rented By Or For You Or The Honoree We do not cover Property Damage to any goods or other property sold, loaned, rented, supplied, delivered, installed or erected by or for you or the Honoree. Such property includes, but is not limited to: (a) Rented Property; (b) Special Attire; or (c) jewelry. (11) Expected Or Intended Injury Or Damage We do not cover the liability of anyone for Bodily Injury , Property Damage or Personal Injury which is expected or intended from the standpoint of that person. This does not apply to injury or damage that results from the use of reasonable force to protect persons or property. (12) Known False Statements We do not cover Personal Injury that arises out of oral or written publication of material, if done by or at the direction of you or the Honoree with knowledge of its falsity. (13) Publication Prior To Inception Of The Policy We do not cover Personal Injury that arises out of oral or written publication of material whose first publication took place before the inception date of this policy. (14) Willful Violation Of Statute We do not cover Personal Injury that arises out of the willful violation of a penal statute or ordinance committed by or with the consent of you or the Honoree. 02. Medical Payments To Others Coverage You and the Honoree have this coverage only if a limit of insurance is shown for it on the Declarations page. We will pay Medical Expenses that result from Bodily Injury caused by an accident if: a. the accident takes place during the course of the Private Event and in the Policy Territory; b. the Bodily Injury is covered under the “Personal Liability Coverage” of this section of the policy; c. the Medical Expenses are incurred and reported to us within one year of the date of the accident; and d. the injured person submits to examination, at our expense, by physicians of our choice, as often as we reasonably require. This coverage does not apply to you, the Honoree, or to any relative of you or the Honoree. Each other person who sustains Bodily Injury while attending the Private Event is entitled to this coverage. 1997 Fireman’s Fund Insurance Company 5301-6-97 Page 13 of 16 03. Additional Payments If the Declarations show a limit for Personal Liability Coverage, in addition to the limits of insurance, we will pay: a. all costs we incur in the settlement of any claim or the defense of any suit brought against you or the Honoree; b. interest on damages awarded in any suit we defend accruing after judgment is entered and before we pay or tender or deposit in court, the amount for which we are liable under the policy; c. premiums on appeal and attachment bonds required in any suit we defend. However, we will not pay the premium for attachment bonds if the bond amount is more than our limit of insurance. We have no obligation to apply for or furnish bonds; d. any other reasonable expenses you or the Honoree incur at our request; e. expenses you or the Honoree incur for first aid to other persons at the time of the Occurrence for Bodily Injury covered under this policy. We will not pay for first aid to you, the Honoree, or to any relative of you or the Honoree; and f. loss of earnings up to $100 per day, but not other income, when we ask you or the Honoree to attend trials and hearings. B. Limits Of Insurance Regardless of the number of injured persons, claims made or property damaged, our liability is limited as follows: 01. The limit of insurance shown in the Declarations for “Personal Liability Coverage” is the most we will pay for the sum of: a. all damages because of Bodily Injury and Property Damage that arise out of all Occurrences during the Policy Period; and b. all damages because of Personal Injury that arise out of all offenses committed during the Policy Period. 02. The limit of insurance shown in the Declarations for “Medical Payments To Others” is the most we will pay for all Medical Expenses payable for Bodily Injury to any one person. C. Property Damage Deductible From the total of all damages due to Property Damage to premises that arise out of any one Occurrence and result from any cause other than fire or explosion, we shall deduct the amount shown in the Declarations as “Property Damage Liability Deductible”. D. Loss Conditions 01. Duties In The Event Of An Occurrence, Offense, Claim Or Suit If a claim is made or suit is brought alleging that you or the Honoree may be responsible for Bodily Injury, Property Damage or Personal Injury, you and the Honoree must see that the following duties are performed: a. Promptly, give us or our agent written notice. Include: (01) your and the Honorees’ name and the policy number; (02) the date, place and circumstances that are the subject of the claim or suit; (03) the name and address of anyone who might have a claim against you or the Honoree; and (04) the names and addresses of any witnesses. b. Send us any demand, notice or legal papers that relate to the claim or suit. c. At our request, cooperate with us and assist us in any matter concerning the claim or suit, including: (01) enforcing any right of recovery against any person or organization who may be liable to you or the Honoree; (02) attending any hearing or trial; and (03) collecting and giving evidence and obtaining the attendance of witnesses. You and the Honoree must not, except at your and the Honorees’ own expense, voluntarily pay any money, assume any obligation or incur any expense, other than for first aid to others at the time of the Occurrence. 1997 Fireman’s Fund Insurance Company 5301-6-97 Page 14 of 16 02. Medical Payments To Injured Persons If someone is injured, that person, or someone acting for that person, must do the following things: a. Promptly give us written proof of the loss. If we request, this must be done under oath. b. Authorize us to obtain copies of all medical records and reports. c. Permit doctors of our choice to examine the injured person as often as we may reasonably require. We will pay the costs of such examinations. We may pay the injured person or the provider of medical services. Payment under this coverage is not an admission of liability by us, you or the Honoree. SECTION III PRIVATE EVENT CANCELLATION INSURANCE GENERAL CONDITIONS A. Assignment Of Policy You may not assign or transfer this policy to another person without our written consent. B. Bankruptcy We are not relieved of any obligation under this policy because of your bankruptcy or insolvency. C. Cancellation 01. You may cancel this policy at any time before the Private Event takes place if a claim has not been incurred. You may do so by returning the policy to us or by notifying us in writing, when at a future date, cancellation is to take effect. 02. We may cancel this policy by mailing or delivering to you at the address shown in the Declarations written notice of the cancellation. We will give you at least 10 days advance written notice. Proof of mailing will be sufficient proof of notice. We may cancel only if: a. you or the Honoree has committed any fraud or misrepresentation with respect to this insurance; or b. you have failed to pay premium when due. 03. If we cancel, the unearned portion of the premium will be returned pro rata. If you cancel not less than 30 days before the date of the Private Event, we will return premium based upon our short rate tables. If you cancel less than 30 days before the date of the Private Event, we will not return any premium. 04. If the return premium is not refunded with the notice of cancellation or when this policy is returned to us, we will refund it within a reasonable time after the date cancellation takes effect. But cancellation will be effective even if we have not made or offered a refund. D. Change Of Location If the date or location for the Private Event or any of its related activities must be changed because the original premises will be closed on the date of the Private Event, this policy will apply to the new location and new date with no increase in premium. This is subject to the following: 01. No claim has been or will be made for cancellation expenses due to the closing of the original premises; and 02. You must notify us as soon as practicable of the change in location and date. E. Concealment Or Fraud We provide no insurance for anyone who intentionally conceals or misrepresents any material fact or circumstance relating to this insurance. F. Coverage Changes This policy contains all the agreements between you, the Honoree and us. Its terms may not be changed or waived except by endorsement issued by us. G. Legal Action Against Us No suit or action can be brought against us unless there has been full compliance with all the terms of this policy. In addition: 01. No suit or action can be brought against us under Section I “Private Event Cancellation Insurance Property Coverage” of the policy unless the suit is started within one year after the date of the Occurrence. 1997 Fireman’s Fund Insurance Company 5301-6-97 Page 15 of 16 02. No suit or action can be brought against us under Section II “Private Event Cancellation Insurance Personal Liability Coverage” of the policy until your and the Honorees’ obligation to pay is finally determined either by judgment against you or the Honoree after actual trial, or by written agreement by you or the Honoree, the claimant and us. 03. No one shall have any right to make us a party to a suit to determine your or the Honorees’ liability. H. Other Insurance If both this insurance and other insurance apply to a loss, the following rules apply: 01. With respect to any loss we cover under Section I “Private Event Cancellation Insurance Property Coverage” of this policy, we will pay our share. Our share will be the proportion of the loss that the limit of insurance that applies under this policy bears to the total amount of insurance covering the loss. 02. With respect to any loss we cover under Section II “Private Event Cancellation Insurance Personal Liability Coverage” of this policy, this insurance is excess over and will not contribute with any other valid and collectible insurance available to you or the Honoree. I. Transfer Of Rights Of Recovery Against Others To Us If you or the Honoree have rights to recover all or part of any payment we make under this policy, those rights become ours up to the amount we have paid. You and the Honoree must do nothing after an Occurrence to impair these rights. At our request, you and the Honoree will bring suit or transfer those rights to us and help us to enforce them. J. Conformity To State Statutes When the provisions of this policy are in conflict with the laws of the state where you reside, the provisions are amended to conform to such laws. TO SHOW THAT WE AGREE to the terms of this policy, it has been signed for us by our President & CEO and Secretary. But where countersignature is required by law, it shall not bind us unless the Declarations page is also signed by one of our duly authorized agents. SECRETARY PRESIDENT & CEO 1997 Fireman’s Fund Insurance Company 5301-6-97 Page 16 of 16 |
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