LANDLORD REQUIRED LEGAL LIABILITY INSURANCE
Liability to Landlord Insurance Policy details are being provided to you by Great American E & S Insurance Company.
INSURER
Great American E & S Insurance Company
301 E. Fourth Street, 20th Floor
Cincinnati, OH 45202
NAMED INSURED (“Landlord”)
Property owner or property manager
RESIDENCE PREMISES
Rental housing or apartments (“Units”) owned or managed by the Landlord and reported to the Insurer monthly.
RESIDENCE PREMISES COVERAGE PERIOD
Effective Date and Expiration Date are reported each month by the Landlord.
LIMITS OF LIABILITY
Either $100,000 or $300,000 Legal Liability for damage to Landlord’s property.
PREMIUM
Either $10.50 or $14.50 Per Month Per Residence Premises Reported (inclusive of taxes), dependent on Landlords limits of liability selected.
CLAIM REPORTING
Claims should be reported to your property manager. You may contact Great American FIS Claims, 301 East Fourth Street, 20th Floor, Cincinnati, OH 45202, Toll Free: (877) 429-3826, E-mail: fisclaims@gaig.com.
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This is a summary of the terms of a policy purchased by the Landlord. This document is informational only and does not convey any additional rights or benefits beyond that extended by the policy. "Lessee" may request a copy of a Policy by contacting their local property manager. The policy provides coverage to the Landlord (“Named Insured”) for “property damage” to the “insured location” by the "lessee". It has been purchased by a property owner or property manager (“Named Insured”) to meet the minimum "lessee" liability insurance requirements of a residential lease agreement. Any claim payment shall be payable to the Landlord. Coverage only applies for such monthly periods in which the Named Insured has reported and remitted the premium to the Insurer.
The lease agreement requires that the "lessee" maintain $100,000 in property damage coverage to the landlord’s property for which "lessee" may be liable (legal liability to landlord insurance). "Lessee" has not evidenced such coverage and above referenced insurance has been purchased by the Landlord to meet the minimum requirements of the lease agreement. At any time, the "lessee" may obtain their own insurance meeting the contractual requirements of the lease agreement, from an agent or insurer of the "lessee’s" choice, and this coverage shall be cancelled.
This is not renters insurance. The Policy does not provide coverage for "lessee’s" personal belonging; the Policy does not provide liability coverage for bodily injury or property damage to others. Coverage is narrower than a personal liability insurance policy or the liability coverage afforded to the "lessee" by a renter’s insurance policy.
AGREEMENT: We will provide the insurance described in the policy in return for the payment of the premium by the Named Insured and compliance with all provisions of the policy applicable to the Named Insured and the "lessee" respectively.
DEFINITIONS: A. In the policy, "we", "us" and "our" refer to the Insurer providing the insurance. B. In addition, certain words and phrases are defined as follows: (1.) "Bodily injury" means bodily harm, sickness or disease, including required care, loss of services and death that result. (2.) "Business" means: (a.) A trade, profession or occupation engaged in on a full-time, part-time or occasional basis; or (b.) Any other activity engaged in for money or other compensation, except the following: (i.) One or more activities, not described in (ii.) through (iv.) below, for which no person receives more than $600 in total compensation for the 12 months before the date of loss; (ii.) Volunteer activities for which no money is received other than payment for expenses incurred to perform the activity; (iii.) Providing home day care services for which no compensation is received, other than the mutual exchange of such services; or (iv.) The rendering of home day care services to a relative of the "lessee". (3) "Lessee" means: (a.) the “lessee” and residents of the “lessee’s” household who are: (i.) the “lessee’s” relatives; or (ii.) Other persons under the age of 21 and in the care of any person named above; or (b.) “residence employee” in the course of their employment while on the “insured location”. When the word “the” or “a” immediately precedes the word "lessee", the words the "lessee" or a “lessee” together mean one or more "lessee". (4.) "Insured location" means: (a.) the residence premises"; and (b.) the part of other premises, structures and grounds contained within continuous common grounds owned or operated by the Named Insured and used by the “lessee” as a residence. (5.) "Occurrence" means an accident on the “insured location”, including continuous or repeated exposure to substantially the same general harmful conditions, which results, during the Coverage Period, in "property damage" to the “insured location”. (6.) "Property damage" means physical injury to, destruction of, or loss of use of any part of the “insured location” caused by fire, smoke, explosion, water damage, backup or overflow of sewer, drain or sump, falling objects, riot, or civil commotion. (7.) "Residence employee" means an employee of the "lessee", or an employee leased to the "lessee" by a labor leasing firm, under an agreement between the "lessee" and the labor leasing firm, whose duties are related to the maintenance or use of the "residence premises", including household or domestic services. A "residence employee" does not include a temporary employee who is furnished to the "lessee" to substitute for a permanent "residence employee" on leave or to meet seasonal or short-term workload conditions. (8.) "Residence premises" means the residential dwelling unit where the “lessee” resides, and which is specifically scheduled to this policy as a "residence premises". (9.) “Fungi” means any type or form of fungus, including mold or mildew and any mycotoxins, spores, scents or byproducts produced or released by fungi.
EXCLUSIONS: A. "Vehicle Liability": “Property damage” arising from the ownership, maintenance, occupancy, operation, use, loading or unloading of aircraft, hovercraft, watercraft or motor vehicles. B. Expected Or Intended Damage: “Property damage" which is expected or intended by a "lessee" who is 13 years of age or older even if the resulting "property damage" is of a different kind, quality or degree than initially expected or intended. C. “Business”: “Property damage” arising out of or in connection with a business conducted or engaged in by the "lessee", whether or not the "business" is owned or operated by the "lessee" or employs the "lessee". This Exclusion C. applies, but is not limited to, an act or omission, regardless of its nature or circumstance, involving a service or duty rendered, promised, owed, or implied to be provided because of the nature of the "business". D. “Bodily Injury” liability or medical expense payments to any person. E. War: “Property damage” caused directly or indirectly by war, including the following and any consequence of any of the following: (1.) Undeclared war, civil war, insurrection, rebellion or revolution; (2.) Warlike act by a military force or military personnel; or (3.) Destruction, seizure or use for a military purpose. Discharge of any nuclear, biological or chemical agent or weapon will be deemed a warlike act even if accidental. F. Controlled Substances: “Property damage” arising out of the use, sale, manufacture, delivery, transfer or possession by any person of a Controlled Substance as defined by the Federal Food and Drug Law at 21 U.S.C.A. Sections 811 and 812. Controlled Substances include but are not limited to methamphetamine, cocaine, LSD, marijuana and all narcotic drugs. However, this exclusion does not apply to the legitimate use of prescription drugs by a person following the orders of a licensed physician. G. “Pollutants”, Asbestos, Lead and Silicon: “Property damage” arising out of the presence, dispersal, release, ingestion, inhalation, absorption, contact with, exposure to, or failure to warn of the presence of: “pollutants”, lead, asbestos, silicon or anything containing such material or substance. In addition, we will not pay cost or expense to abate, mitigate, remediate, contain, remove or dispose of any of these substances. H. “Fungi” and Bacteria: (1.) "Property damage" which would not have occurred, in whole or in part, but for the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, presence of, growth or spread of, any "fungi" or bacteria on or within a building or structure, including its contents, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to such damage, (2.) Any loss, cost or expenses arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of, "fungi" or bacteria, by any insured or by any other person or entity. I. “Property Damage” Liability: This policy does not apply to: (1.) Liability: (a.) For any loss assessment charged against the “lessee” as a member of an association, corporation or community of property owners; (b.) Under any contract or agreement entered into by the "lessee". However, this exclusion does not apply to written contracts: (i.) That exclusively relate to the ownership, maintenance or use of the "residence premises"; and (ii.) Where the contract or agreement was executed by the “lessee” prior to an "occurrence"; unless excluded in a. above or elsewhere in the policy; (2.) "Property damage" to property owned by any "lessee". This includes costs or expenses incurred by the "lessee" or others to repair, replace, enhance, restore or maintain such property to prevent injury to a person or damage to property of others, whether on or away from an "insured location"; (3.) "Property damage" to property rented to, occupied or used by or in the care of the "lessee" other than the “insured location”; (4.) Loss of rental income, rental value or business income.
LIABILITY CONDITIONS: A. Limit Of Liability: Our total liability for all damages resulting from any one "occurrence" will not be more than the Limit of Liability shown in the policy. This limit is the same regardless of the number of claims made. All "property damage" resulting from any one accident or from continuous or repeated exposure to substantially the same general harmful conditions shall be considered to be the result of one "occurrence". B. Severability Of Insurance: Coverage applies separately to each "residence premises" lessee household. This condition will not increase our Limit of Liability for any one "occurrence". C. Duties After "Occurrence": In case of an "occurrence", the "lessee" will perform the following duties that apply. We have no duty to provide coverage under the policy if the “lessee’s” failure to comply with the following duties is prejudicial to us. The “lessee” will help us by seeing that these duties are performed: (1.) Give written notice to us or our agent as soon as is practical, which sets forth: (a.) The identity of the policy and the "named insured" shown in the policy; (b.) Reasonably available information on the time, place and circumstances of the "occurrence"; and (c.) Names and addresses of any claimants and witnesses; (2.) Cooperate with us in the investigation, settlement or defense of any claim or suit; (3.) Promptly forward to us every notice, demand, summons or other process relating to the "occurrence"; (4.) At our request, help us: (a.) To make settlement; (b.) To enforce any right of contribution or indemnity against any person or organization who may be liable to the "lessee"; (c.) With the conduct of suits and attend hearings and trials; and (d.) To secure and give evidence and obtain the attendance of witnesses; (5.) No "lessee" shall, except at their own cost, voluntarily make payment, assume obligation or incur any expense. D. Suit Against Us:(1.) No action can be brought against us unless there has been full compliance with all of the terms of this policy. (2.) No one will have the right to join us as a party to any action against either the Named Insured or the "lessee". (3.) No action can be brought against us until the obligation of the "lessee" has been determined by final judgment or agreement signed by us. E. Bankruptcy: Bankruptcy or insolvency of the Named Insured or the "lessee" will not relieve us of our obligations under the policy. F. Other Insurance: Coverage under this policy is excess over other valid and collectible “lessee” insurance except insurance written specifically to cover as excess over the Limit of Liability that applies in the policy. G. Coverage Period: Coverage under the policy applies only to "property damage" which occurs during a valid Coverage Period. The Coverage Period for each eligible “residence premises” shall commence upon the later of: (1.) the policy Effective Date; or (2.) the inception date of the lease agreement between the “lessee” and the Named Insured for utilizing the “residence premises”; or (3.) such later Coverage Effective Date as reported by the Named Insured. The Coverage Period shall cease upon the earlier of: (1.) the policy cancellation or Expiration Date; or (2.) the termination or expiration date of the lease agreement between the “lessee” and the Named Insured for utilizing the “residence premises”; or (3.) such earlier Coverage Expiration Date as reported by the Named Insured; or (4.) such other cancellation date as precipitated by non-payment of premium or other valid reasons. H. Concealment Or Fraud: We do not provide coverage to a "lessee" who, whether before or after a loss, has: (1.) Intentionally concealed or misrepresented any material fact or circumstance; (2.) Engaged in fraudulent conduct; or (3.) Made false statements; relating to any claim or the insurance coverage provided under the policy.
GENERAL CONDITIONS: A. The “lessee” is not a Named Insured under the policy. B. Cancellation: The Named Insured or the Insurer may cancel the policy at any time. Upon cancellation, all coverage shall immediately cease for all “lessees”. Upon termination or expiration of the lease agreement between the Named Insured and the “lessee” for use the “residence premises”, all coverage under the policy shall immediately cease for such “lessee” without notice to the “lessee”. Unearned premium (if any) will be refunded to the Named Insured in accordance with the terms of the policy. In the event of nonpayment of premium for any individual “residence premises”, we may, at our option, deny coverage for such “residence premises” and/or monthly reporting period and the same shall not constitute cancellation of this policy. C. Named Insured’s Duty to Notify Lessees: We have no duty to notify the “lessee” of cancellation or non-renewal of the policy. The Named Insured shall notify all “lessees” of cancellation or non-renewal of the policy. D. Assignment: Assignment of the policy will not be valid unless we give our written consent. E. Subrogation: We may require an assignment of rights of recovery for a loss to the extent that payment is made by us. If an assignment is sought, the "lessee" must sign and deliver all related papers and cooperate with us. F. Death: If a “lessee” dies, we insure the legal representative of the deceased but only with respect to the “residence premises” of the deceased covered under the policy at the time of death. G. Waiver Or Change Of Policy Provisions: A waiver or change of a provision of the policy must be done in writing by us to be valid. Our request for an examination or a request by either party for an appraisal will not waive any of our rights. H. Premium Reporting and Remittance: All premiums are payable by the Named Insured. Coverage for any individual “residence premises” and the occupying “lessees” will not be effective unless we receive the Reporting Schedule and the appropriate premium has been paid for such “residence premises”. Coverage may not be backdated prior to the later of the first day of the current Reporting Month or the inception date of the lease agreement without our written approval. Failure by the Named Insured to report a “residence premises” shall be evidence that the Named Insured has waived coverage for such “residence premises” and occupying “lessees”. Nonpayment of premium for any individual “residence premises” shall be evidence that the Named Insured has waived coverage for such “residence premises”. If subsequent payment is tendered, we shall have the right but not the obligation to accept payment and extend coverage for such “residence premises”. If the “lessee” obtains other satisfactory insurance in compliance with the terms of the lease agreement, coverage for the “lessee’s” residence premises shall be automatically cancelled to such date with a return of any unearned premium.
NOT RENTERS INSURANCE: The policy is not Renter’s Insurance. It does NOT provide coverage for the lessee’s personal property (contents), “bodily injury or “property damage” liability.