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COMMERCIAL INLAND MARINE <br />CM 00 01 09 04 <br />COMMERCIAL INLAND MARINE CONDITIONS <br />The following conditions apply in addition to the <br />Common Policy Conditions and applicable Additional <br />Conditions in Commercial Inland Marine Coverage <br />Forms: <br />LOSS CONDITIONS <br />A. Abandonment <br />There can be no abandonment of any property to <br />us. <br />B. Appraisal <br />If we and you disagree on the value of the <br />property or the amount of loss, either may make <br />written demand for an appraisal of the loss. In <br />this event, each party will select a competent and <br />impartial appraiser. The two appraisers will <br />select an umpire. If they cannot agree, either <br />may request that selection be made by a judge of <br />a court having jurisdiction.The appraisers will <br />state separately the value of the property and <br />amount of loss. If they fail to agree, they will <br />submit their differences to the umpire. A <br />decision agreed to by any two will be binding. <br />Each party will: <br />1. Pay its chosen appraiser; and <br />2. Bear the other expenses of the appraisal and <br />umpire equally. <br />If there is an appraisal, we will still retain our <br />right to deny the claim. <br />C. Duties In The Event Of Loss <br />You must see that the following are done in the <br />event of loss or damage to Covered Property: <br />1. Notify the police if a law may have been bro- <br />ken. <br />2. Give us prompt notice of the loss or damage. <br />Include a description of the property involved. <br />3. As soon as possible, give us a description of <br />how, when and where the loss or damage oc- <br />curred. <br />4. Take all reasonable steps to protect the Cov- <br />ered Property from further damage, and keep <br />a record of your expenses necessary to <br />protect the Covered Property, for considera- <br />tion in the settlement of the claim. This will <br />not increase the Limit of Insurance. However, <br />we will not pay for any subsequent loss or <br />damage resulting from a cause of loss that is <br />not a Covered Cause of Loss. Also, if <br />feasible, set the damaged property aside and <br />in the best possible order for examination. <br />5. You will not,except at your own cost, <br />voluntarily make a payment,assume any <br />obligation, or incur any expense without our <br />consent. <br />6. As often as may be reasonably required, <br />permit us to inspect the property proving the <br />loss or damage and examine your books and <br />records. Also permit us to take samples of <br />damaged and undamaged property for <br />inspection, testing and analysis, and permit us <br />to make copies from your books and records. <br />7. We may examine any insured under oath, <br />while not in the presence of any other insured <br />and at such times as may be reasonably <br />required, about any matter relating to this <br />insurance or the claim, including an insured's <br />books and records. In the event of an <br />examination, an insured's answers must be <br />signed. <br />8. Send us a signed, sworn proof of loss con- <br />taining the information we request to settle <br />the claim. You must do this within 60 days <br />after our request. We will supply you with <br />the necessary forms. <br />9. Immediately send us copies of any demands, <br />notices, summonses or legal papers received <br />in connection with the claim or suit. <br />10. Cooperate with us in the investigation or set- <br />tlement of the claim. <br />D. Insurance Under Two Or More Coverages <br />If two or more of this policy's coverages apply to <br />the same loss or damage, we will not pay more <br />than the actual amount of the loss or damage. <br />E. Loss Payment <br />1. We will give notice of our intentions within 30 <br />days after we receive the sworn proof of loss. <br />2. We will not pay you more than your financial <br />interest in the Covered Property. <br />3. We may adjust losses with the owners of lost <br />or damaged property if other than you. If we <br />pay the owners, such payments will satisfy <br />your claim against us for the owners' <br />property. We will not pay the owners more <br />than their financial interest in the Covered <br />Property. <br />4. We may elect to defend you against suits aris- <br />ing from claims of owners of property. We will <br />do this at our expense <br />CMI 00 01 09 04 C ISO Properties, Inc., 2003 <br />N_oaa <br />?9 'e'' <br />} z <br />a <br />Risk MmVme dDMsfan <br />REVIEWED & APPROVED BY.- <br />P. Vjt4,Xd <br />Risk Management Analyst <br />