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Florida Office of Insurance Regulation I-File Workflow System Filing Number: 16-09019 Request Type: Stamped Only

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Page 1: Florida Office of Insurance Regulation · WIC FL CL WO3 04 16 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of  with its permission. FL OFFICE

Florida Office of Insurance RegulationI-File Workflow System

Filing Number: 16-09019

Request Type: Stamped Only

Page 2: Florida Office of Insurance Regulation · WIC FL CL WO3 04 16 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of  with its permission. FL OFFICE

Weston Insurance Company

Florida Office of Insurance Regulation RE: Weston Insurance Company

Form Filing Certification

l, Michael Lyons, as President and Chief Executive Officer of Weston Insurance Company, hereby certify that this form filing has been thoroughly and diligently reviewed by me and by all appropriate company personnel, as well as company consultants, if applicable, and certify that each form contained within the filing is in compliance with all applicable Florida laws and rules. Should a form be found not to be in compliance with Florida laws and rules, I acknowledge that the Office of Insurance Regulation shall disapprove the form.”

January 26, 2015 _______________________ _________________ Signature Date President and CEO _______________________ Title Subscribed and sworn to before me on this 26th day of January 2015.

____________________ NotaryPublic

P.O. Box 142057 Coral Gables, Florida 33114-2057 Phone: 888-800-5002

FOR INFORMATIONAL PURPOSES ONLYDate Received: Date Of Action:4/27/2016 05/6/2016

FL OFFICE OF INSURANCE REGULATION

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P.O. Box 142057, Coral Gables, FL 33114-2057T: 888.800.5002 | F: 888.862.7390

www.weston-ins.com

April 15, 2016

Sandra Starnes, DirectorFlorida Office of Insurance RegulationProperty & Casualty Product Review200 East Gaines StreetLarson Building, Suite 233DTallahassee, Florida 32399-0330

RE: Weston Insurance Company Florida Commercial Residential & Non-Residential Form Filings

Dear Ms. Starnes:

We respectfully submit a forms filing for use with our commercial lines programs for the Office’s review and approval. I have attached a Memorandum that explains the origin and details of each of the forms included in this filing. The effective dates for this filing will be upon the Office’s approval.

Please do not hesitate to contact me directly should you have any questions.

Very truly yours,

/s/ Shawn Martin

Shawn MartinRegulatory Product Administrator

FOR INFORMATIONAL PURPOSES ONLYDate Received: Date Of Action:04/27/2016 05/06/2016

FL OFFICE OF INSURANCE REGULATION

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WIC FL CL WO3 04 16 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of <8> with its permission.

P. O. Box 142057, Coral Gables, FL 33114-2057

For Policy Customer Service – 1-800-262-1780 For Claims Customer Service – 1-877-505-3040

<SUBPROGRAM TYPE>WIND ONLY POLICY COMMERCIAL <PROGRAM> DECLARATION PAGE

Policy Number:

<INSURED’S COPY>

Policy Period From To at 12:01 AM Standard Time at the Insured Location.

Transaction:

PAY PLAN: <DEDUCTIBLE TYPE:>

Named Insured and Mailing Address

Agency

Telephone:

Agency #

Business Description

IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY.

THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENTS. Commercial Property Coverage <Building> <Contents> <Special Class>

<Amount or Limit> of Insurance>

BASE PREMIUM

<$ >

<Excess Limits: > <$ > <Primary Limits: > <$...........>

<Your property coverage limits have been adjusted for inflation.>

Required Additional Charges:

<Emergency Management Preparedness and Assistance Trust Fund Fee> <Florida Insurance Guaranty Association Assessment___________> <Citizens Property Insurance Corporation Regular Assessment ____________> <Citizens Property Insurance Corporation Emergency Assessment___________> <Florida Hurricane Catastrophe Fund Assessment ___________> <Fire Marshal Regulatory Assessment Tax> <Managing General Agency Fee>

<$ > <$ > <$ > <$ > <$ > <$ > <$ >

<The difference in premium due to a coverage change> <$ > <The difference in premium due to an approved rate <increase/decrease> <$ >

TOTAL: $ A 4% (FOUR PERCENT) SERVICE CHARGE WILL APPLY FOR INSTALLMENTS DUE SEMI-ANNUALLY OR QUARTERLY.

Forms and Endorsements Applicable to this Policy

Refer to attached Forms and Endorsements Schedule.

These declarations together with the common policy conditions, coverage part declarations, coverage part coverage form(s) and endorsements, if any, issued to form a part thereof, complete the above numbered policy.

COUNTERSIGNED: <XX/XX/XXXX> Producing Agency: <Agency Name> Agency #: <#####>

BY Michael C. Lyons_________________ President, Weston Insurance Company

Issued Date: xx/xx/xxxx

FOR INFORMATIONAL PURPOSES ONLYDate Received: Date Of Action:4/27/2016 05/6/2016

FL OFFICE OF INSURANCE REGULATION

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WIC FL CL WO3 04 16 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of <8> with its permission.

For Policy Customer Service – 1-800-262-1780 For Claims Customer Service – 1-877-505-3040

<SUBPROGRAM TYPE> WIND ONLY POLICY COMMERCIAL <PROGRAM> DECLARATION PAGE

Policy Number:

<INSURED’S COPY>

Effective Date: to

Named Insured:

“X” If Supplemental Declarations Are Attached

BUSINESS DESCRIPTION

DESCRIPTION OF PREMISES

Prem. No.

Item No.

Location, Construction and Occupancy

BCEGS Grade

Number of Units

Number TERR of Stories

WINDSTORM MITIGATION FEATURES

Terrain YOC/Verified Roof Cover

Roof Deck

Roof – Wall

CSP

Codes

BLDG Type

Roof Shape

Opening PROT

Windstorm PROT

Secondary Water Resistance

* A premium adjustment of $______________ is included to reflect the building’s wind loss mitigation features or construction techniques that exist.

COVERAGES PROVIDED

<Insurance At The Described Premises Applies Only For Coverages For Which <An Amount

Or Limit> Of Insurance Is Shown>

ITEM DESCRIPTION:

Prem. Item <Amount or Limit> of Insurance

<Total Value Deductible % of Coinsurance

Base Premium No. No. (For Information Only)> Hurr/Non- Hurr

<Note: %Deductible is Calculated on Total Value>

MORTGAGE HOLDER(S) & OTHER POLICY INTEREST(S) – Refer to Policy Interest Schedule, if any.

OPTIONAL COVERAGES

Prem. Item. No. No. Coverage(s) <Amount or Limit> of Insurance Base Premium

These Declarations are part of the Policy Declarations containing the name of the Insured and the Policy Period. Issued Date: xx/xx/xxxx

FOR INFORMATIONAL PURPOSES ONLYDate Received: Date Of Action:4/27/2016 05/6/2016

FL OFFICE OF INSURANCE REGULATION

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WIC FL CL WO3 04 16 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of <8> with its permission.

For Policy Customer Service – 1-800-262-1780 For Claims Customer Service – 1-877-505-3040

<SUBPROGRAM TYPE> WIND ONLY POLICY COMMERCIAL <PROGRAM> DECLARATION PAGE

Policy Number:

<INSURED’S COPY>

Effective Date: to

Named Insured:

“X” If Supplemental Declarations Are Attached

BUSINESS DESCRIPTION

DESCRIPTION OF PREMISES

Prem. No.

Item No.

Location, Construction and Occupancy

BCEGS Grade

Number of Units

Number TERR of Stories

WINDSTORM MITIGATION FEATURES

Terrain YOC/Verified Roof Cover

Roof Deck

Roof – Wall

CSP

Codes

BLDG Type

Roof Shape

Opening PROT

Windstorm PROT

Secondary Water Resistance

* A premium adjustment of $______________ is included to reflect the building’s wind loss mitigation features or construction techniques that exist.

COVERAGES PROVIDED

<Insurance At The Described Premises Applies Only For Coverages For Which <An Amount

Or Limit> Of Insurance Is Shown>

ITEM DESCRIPTION:

Prem. Item <Amount or Limit> of Insurance

<Total Value Deductible % of Coinsurance

Base Premium No. No. (For Information Only)> Hurr/Non- Hurr

<Note: %Deductible is Calculated on Total Value>

MORTGAGE HOLDER(S) & OTHER POLICY INTEREST(S) – Refer to Policy Interest Schedule, if any.

OPTIONAL COVERAGE(S)

Prem. Item No. No. Coverage(s) <Amount or Limit> of Insurance Base Premium

These Declarations are part of the Policy Declarations containing the name of the Insured and the Policy Period. Issued Date: xx/xx/xxxx

FOR INFORMATIONAL PURPOSES ONLYDate Received: Date Of Action:4/27/2016 05/6/2016

FL OFFICE OF INSURANCE REGULATION

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WIC FL CL WO3 04 16 Includes copyrighted material of Insurance Services Office, Inc., Page 4 of <8> with its permission.

For Policy Customer Service – 1-800-262-1780 For Claims Customer Service – 1-877-505-3040

<SUBPROGRAM TYPE> WIND ONLY POLICY COMMERCIAL <PROGRAM> DECLARATION PAGE

TOTAL VALUE SCHEDULE

Policy Number:

<INSURED’S COPY>

Effective Date: to

Named Insured:

<The premises described below are covered by this policy subject to (a) the indicated total value for the premises, (b) the total <amount or limit> of insurance shown in these Declarations and (c) all of the terms of this policy including forms and endorsement made part hereof. >

Prem. No.

Item No.

Designated Premises Description & Location

Total Value (For Information Only)

Total Value

Issued Date: xx/xx/xxxx

FOR INFORMATIONAL PURPOSES ONLYDate Received: Date Of Action:4/27/2016 05/6/2016

FL OFFICE OF INSURANCE REGULATION

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WIC FL CL WO3 04 16 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of <8> with its permission.

For Policy Customer Service – 1-800-262-1780 For Claims Customer Service – 1-877-505-3040

<SUBPROGRAM TYPE> WIND ONLY POLICY COMMERCIAL <PROGRAM> DECLARATION PAGE

Policy Number:

<INSURED’S COPY>

Effective Date: to

Named Insured:

NOTICE <“THIS POLICY CONTAINS A CO-PAY PROVISION THAT MAY

RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU”>

<COMMERCIAL <PROGRAM> POLICY DISCLOSURE: “THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR

HURRICANE LOSSES WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU”>

<“COINSURANCE CONTRACT: THE RATE CHARGED IN THIS POLICY IS BASED UPON THE USE OF THE COINSURANCE CLAUSE ATTACHED TO THIS POLICY, WITH THE CONSENT OF

THE INSURED.”>

THIS IS YOUR POLICY DECLARATION PAGE.

<You may reduce your policy premium, if any premium credits for shutters, main structure features and other mitigation (loss prevention) devices are applicable for your structure. Contact your agent to request information that might allow for you to receive these discounts.>

<This policy does not protect you against loss due to flood. Flood insurance is available through the Federal Government. Contact your insurance agent or broker to apply for coverage.>

<Commercial Residential Wind Only policies contain a separate deductible for hurricane losses and a separate deductible for other windstorm or hail losses, insured against. >

<Commercial Non-Residential Wind Only policies may contain a combined deductible or a separate deductible for hurricane losses and other windstorm or hail losses, insured against.>

<The deductibles shown in your policy declaration page(s) are the deductibles that will apply as described in your policy in event of a covered loss. If you fail to select a deductible at the time of your application submission, or if this is a renewal with us, we may have selected the deductibles shown on your declaration page(s). Other deductibles may be available. Please contact your insurance agent or broker for additional information.>

<Your Building Code Enforcement Grading Schedule adjustment is ___. The adjustments can range from a surcharge of ___% to a discount of ____% for structures built during or after 1995.>

Issued Date: xx/xx/xxxx

FOR INFORMATIONAL PURPOSES ONLYDate Received: Date Of Action:4/27/2016 05/6/2016

FL OFFICE OF INSURANCE REGULATION

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WIC FL CL WO3 04 16 Includes copyrighted material of Insurance Services Office, Inc., Page 6 of <8> with its permission.

For Policy Customer Service – 1-800-262-1780 For Claims Customer Service – 1-877-505-3040

<SUBPROGRAM TYPE> WIND ONLY POLICY COMMERCIAL <PROGRAM> DECLARATION PAGE

POLICY INTEREST SCHEDULE

Policy Number: Effective Date: to The Legal Name of the Insured is:

Interest Type

Premise

Location

Name

Name (Continued)

Street Address

City

State

Zip Code

Loan # / Reference #

Issued Date: xx/xx/xxxx

FOR INFORMATIONAL PURPOSES ONLYDate Received: Date Of Action:4/27/2016 05/6/2016

FL OFFICE OF INSURANCE REGULATION

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WIC FL CL WO3 04 16 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of <8> with its permission.

For Policy Customer Service – 1-800-262-1780 For Claims Customer Service – 1-877-505-3040

<SUBPROGRAM TYPE> WIND ONLY POLICY COMMERCIAL <PROGRAM> DECLARATION PAGE

FORMS AND ENDORSEMENTS SCHEDULE

Policy Number:

<INSURED’S COPY>

Effective Date: to

Named Insured:

Coverage Line Form Nbr. Ed. Date Description

Issued Date: xx/xx/xxxx

FOR INFORMATIONAL PURPOSES ONLYDate Received: Date Of Action:4/27/2016 05/6/2016

FL OFFICE OF INSURANCE REGULATION

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WIC FL CL WO3 04 16 Includes copyrighted material of Insurance Services Office, Inc., Page 8 of <8> with its permission.

Issued Date: xx/xx/xxxx

For Policy Customer Service – 1-800-262-1780

For Claims Customer Service – 1-877-505-3040

<SUBPROGRAM TYPE> WIND ONLY POLICY COMMERCIAL <PROGRAM> DECLARATION PAGE

INSURANCE COVERAGE SCHEDULE

Policy Number: Effective Date: to

<INSURED’S COPY>

Named Insured:

<The <amount or limit> of insurance stated in the Declarations is based on the primary and/or excess layers reported by you and shown below. It is represented by you that the primary and/or excess layers reported and shown below are true and correct. You must promptly notify us of any changes made to the primary and/or excess layers reported. Regardless of the accuracy or actual existence of the reported primary and/or excess layers shown below, we will not pay more than the <amount or limit> of insurance shown in the Declarations and the primary and/or excess layers reported below will be deemed to be in place when determining coverage under this policy.>

Insurer Participation Limit

Underlying Deductible

1) Primary Layer(s)

2) Excess Layer(s)

FOR INFORMATIONAL PURPOSES ONLYDate Received: Date Of Action:4/27/2016 05/6/2016

FL OFFICE OF INSURANCE REGULATION

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WESTON INSURANCE COMPANY COMMERCIAL LINES WIC FL CL OL 04 16

WIC FL CL OL 04 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission

Page 1 of 4

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ORDINANCE OR LAW COVERAGE

This endorsement modifies the Commercial Wind Only Policy – WIC CP2 or the Commercial – Residential

Wind Only Policy - WIC CR2. This endorsement applies only to items which are described on the Declaration Page(s) of this policy as being subject to this Ordinance or Law Coverage endorsement.

Subsection 2. Ordinance or Law under GENERAL EXCLUSIONS and Subsection 6.e. Loss Settlement under CONDITIONS are deleted from your policy. Ordinance or Law Coverage as described in this endorsement is added to your policy. All other provisions apply.

A. Combined Aggregate Limit for – Coverage A, Coverage B and Coverage C – are provided under this endorsement only if these combined coverag-es are chosen by entry on the Declaration Page(s) and then only with respect to the building identified for these Coverages in the Declaration Page(s).

B. Application Of Coverages

The Coverages provided by this endorsement ap-ply only if both B.1. and B.2. are satisfied and are then subject to the qualifications set forth in B.3.

1. The ordinance or law:

a. Regulates the demolition, construction or repair of buildings, or establishes zoning or land use requirements at the described premises; and

b. Is in force at the time of loss.

But coverage under this endorsement applies only in response to the minimum requirements of the ordinance or law. Losses and costs incurred in complying with recommended actions or standards that exceed actual requirements are not covered under this endorsement.

2. a. The building sustains direct physical dam-age that is covered under this policy and such damage results in enforcement of the ordinance or law; or

b. The building sustains both direct physical damage that is covered under this policy and direct physical damage that is not cov-ered under this policy, and the building damage in its entirety results in enforce-ment of the ordinance or law.

c. But if the building sustains direct physical damage that is not covered under this poli-cy, and such damage is the subject of the ordinance or law, then there is no coverage under this endorsement even if the building has also sustained covered direct physical damage.

3. In the situation described in B.2.b. above, we will not pay the full amount of loss otherwise payable under the terms of combined Cover-ages A, B, and C of this endorsement. Instead, we will pay a proportion of such loss; meaning the proportion that the covered direct physical damage bears to the total direct physical dam-age.

(Section H. of this endorsement provides an example of this procedure.)

However, if the covered direct physical dam-age, alone, would have resulted in enforcement of the ordinance or law, then we will pay up to the aggregate limit payable under the terms of Coverages A, B and C of this endorsement.

FOR INFORMATIONAL PURPOSES ONLYDate Received: Date Of Action:4/27/2016 05/6/2016

FL OFFICE OF INSURANCE REGULATION

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Page 2 of 4

C. We will not pay under Coverage A, B and C of this endorsement for:

1. Enforcement of any ordinance or law which requires the demolition, repair, replacement, reconstruction, remodeling or remediation of property due to contamination by "pollutants" or due to the presence, growth, proliferation, spread or any activity of "fungus", wet or dry rot or bacteria; or

2. The costs associated with the enforcement of any ordinance or law which requires any in-sured or others to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants", "fungus", wet or dry rot or bacteria.

D. Coverage

1. Coverage A – Coverage For Loss To The Undamaged Portion Of The Building

With respect to the building that has sustained covered direct physical damage, we will pay under Coverage A up to the maximum aggre-gate limit available on this endorsement for the loss in value of the undamaged portion of the building as a consequence of enforcement of an ordinance or law that requires demolition of undamaged parts of the same building.

Coverage A is included within the <Limit or Amount> of Insurance shown in the Declaration Page(s) as applicable to the covered building. Ordinance or Law Coverage does not increase the <Limit or Amount> of Insurance available under Coverage A.

2. Coverage B – Demolition Cost Coverage

With respect to the building that has sustained covered direct physical damage, we will pay up to the maximum aggregate limit reflected in this endorsement for the cost to demolish and clear the site of undamaged parts of the same build-ing, as a consequence of enforcement of an ordinance or law that requires demolition of such undamaged property.

The Coinsurance Additional Condition does not apply to Demolition Cost Coverage.

3. Coverage C – Increased Cost Of Construction Coverage

a. With respect to the building that has sus-tained covered direct physical damage, we will pay up to the maximum aggregate limit reflected in this endorsement for the in-creased cost to:

(1) Repair or reconstruct damaged portions of that building; and/or

(2) Reconstruct or remodel undamaged portions of that building, whether or not demolition is required;

when the increased cost is a consequence of enforcement of the minimum require-ments of the ordinance or law.

However:

(1) This coverage applies only if the re-stored or remodeled property is intended for similar occupancy as the current property, unless such occupancy is not permitted by zoning or land use ordi-nance or law.

(2) We will not pay for the increased cost of construction if the building is not re-paired, reconstructed or remodeled.

The Coinsurance Additional Condition does not apply to Increased Cost of Construction Coverage.

b. When a building is damaged or destroyed and Coverage C applies to that building in accordance with 3.a. above, coverage for the increased cost of construction also ap-plies to repair or reconstruction of the fol-lowing, subject to the same conditions stat-ed in 3.a.:

(1) The cost of excavations, grading, back-filling and filling;

(2) Foundation of the building;

(3) Pilings; and

(4) Underground pipes, flues and drains.

The items listed in b.(1) through b.(4) above are deleted from Property Not Covered, but only with respect to the coverage described in this Provision, 3.b.

E. Loss Payment

1. All following loss payment Provisions, E.2. through E.3., are subject to the apportionment procedures set forth in Section B.3. of this en-dorsement.

FOR INFORMATIONAL PURPOSES ONLYDate Received: Date Of Action:4/27/2016 05/6/2016

FL OFFICE OF INSURANCE REGULATION

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2. When there is a loss in value of an undamaged portion of a building to which Coverage A ap-plies, the loss payment for that building, includ-ing damaged and undamaged portions, will be determined as follows:

a. If the Replacement Cost Coverage Option applies and the property is being repaired or replaced, on the same or another premises, we will not pay more than the lesser of:

(1) The amount you would actually spend to repair, rebuild or reconstruct the build-ing, but not for more than the amount it would cost to restore the building on the same premises and to the same height, floor area, style and comparable quality of the original property insured; or

(2) The <Limit or Amount> of Insurance shown in the Declaration Page(s) as ap-plicable to the covered building.

b. If the Replacement Cost Coverage Option applies and the property is not repaired or replaced, or if the Replacement Cost Cov-erage Option does not apply, we will not pay more than the lesser of:

(1) The actual cash value of the building at the time of loss; or

(2) The <Limit or Amount> of Insurance shown in the Declaration Page(s) as ap-plicable to the covered building.

c. If the building is repaired or replaced at the same premises, or if you elect to rebuild at another premises, the most we will pay un-der Coverage C is the lesser of:

(1) The increased cost of construction at the same premises; or

(2) The applicable <Limit or Amount> of In-surance shown for the Combined Ag-gregate Limit for Coverages A, B, and C in the Declaration Page(s).

d. If the ordinance or law requires relocation to another premises, the most we will pay un-der Coverage C is the lesser of:

(1) The increased cost of construction at the new premises; or

(2) The applicable <Limit or Amount> of In-surance shown for Combined Aggregate Limit for Coverages A, B, and C in the Declaration Page(s).

3. If a Combined <Limit or Amount> of Insurance is shown for Coverages A, B, and C in the Dec-laration Page(s), the following loss payment provisions applies:

The most we will pay, for the total of all covered losses for Demolition Cost and Increased Cost of Construction, is the Combined <Limit or Amount> of Insurance shown for Coverages A, B, and C in the Declaration Page(s). Subject to this Combined <Limit or Amount> of Insurance, the following loss payment provisions apply:

a. For Demolition Cost, we will not pay more than the amount you actually spend to de-molish and clear the site of the described premises.

b. With respect to the Increased Cost of Con-struction:

(1) We will not pay for the increased cost of construction:

(a) Until the property is actually repaired or replaced, at the same or another premises; and

(b) Unless the repairs or replacement are made as soon as reasonably possible after the loss or damage, not to exceed two years. We may ex-tend this period in writing during the two years.

(2) If the building is repaired or replaced at the same premises, or if you elect to re-build at another premises, the most we will pay for the increased cost of con-struction is the increased cost of con-struction at the same premises.

(3) If the ordinance or law requires reloca-tion to another premises, the most we will pay for the increased cost of con-struction is the increased cost of con-struction at the new premises.

F. The terms of this endorsement apply separately to each building to which this endorsement applies.

G. Under this endorsement we will not pay for loss due to any ordinance or law that:

1. You were required to comply with before the loss, even if the building was undamaged; and

2. You failed to comply with.

FOR INFORMATIONAL PURPOSES ONLYDate Received: Date Of Action:4/27/2016 05/6/2016

FL OFFICE OF INSURANCE REGULATION

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H. Example of Proportionate Loss Payment for Ordi-nance Or Law Coverage Losses (procedure as set forth in Section B.3. of this endorsement.)

Assume:

Wind is a Covered Cause of Loss; Flood is an excluded Cause of Loss

The building has a value of $200,000

Total direct physical damage to building: $100,000

The ordinance or law in this jurisdiction is en-forced when building damage equals or ex-ceeds 50% of the building's value

Portion of direct physical damage that is cov-ered (caused by wind): $30,000

Portion of direct physical damage that is not covered (caused by flood): $70,000

Loss under Ordinance Or Law Coverage C of this endorsement: $60,000

Step 1:

Determine the proportion that the covered di-rect physical damage bears to the total direct physical damage.

$30,000 $100,000 = .30

Step 2:

Apply that proportion to the Ordinance or Law loss.

$60,000 x .30 = $18,000

In this example, the most we will pay under this endorsement for the Coverage C loss is $18,000, subject to the applicable <Limit or Amount> of In-surance and any other applicable provisions.

Note: The same procedure applies to losses un-der Coverages A and B of this endorsement.

I. The following definition is added:

"Fungus" means any type or form of fungus, in-cluding mold or mildew, and any mycotoxins, spores, scents or by-products produced or re-leased by fungi.

FOR INFORMATIONAL PURPOSES ONLYDate Received: Date Of Action:4/27/2016 05/6/2016

FL OFFICE OF INSURANCE REGULATION

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WESTON INSURANCE COMPANY COMMERCIAL LINES

WIC FL CL EX 04 16

WIC FL CL EX 04 16 Page 1 of 2

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY

EXCESS INSURANCE ENDORSEMENT

This endorsement modifies the Commercial Wind Only Policy – WIC CP2 or the

Commercial – Residential Wind Only Policy - WIC CR2.

This endorsement applies to all Covered Property described on the Declarations Page(s) of

this policy.

The below conditions are now endorsed by your policy.

Under the AGREEMENT section of your policy, the following is added:

Weston’s obligations hereunder shall not exceed the <Amount or Limit> of Insurance

stated on the Declarations Page(s).

Under the DEFINITIONS section of your policy, the following paragraph 13. is added:

13. “Underlying Insurance Policy” means one or more underlying insurance

policies shown in the Primary Layers section of the Declarations Page(s) that

provide the primary coverage for the Covered Property in the amount equal to

the applicable limits available thereunder.

Under the OTHER COVERAGES section, paragraph 1.b. of Debris Removal is deleted and

replaced with the following:

b. The most we will pay under the Debris Removal Coverage clause is 25% of

the amount we pay for the direct physical loss or damage to “Covered

Property.”

Under the GENERAL EXCLUSIONS section of your policy, paragraph 29. is added with the

following:

29. We do not cover any loss which is not covered under the Underlying

Insurance Policy.

Under the CONDITIONS section of your policy, the following is added to paragraph 2.

Insurable Interest and Limit of Liability:

We will only pay for the amount of any loss covered under this policy after the

underlying insurer(s) have diminished or exhausted the amount of loss payable

under the Underlying Insurance Policies.

Under the CONDITIONS section of your policy, the following is added to paragraph 5. Loss

Payment:

Liability of Weston with respect to any one occurrence shall not attach unless and

until the insured, or the insured’s underlying insurer(s), have diminished or

exhausted the amount of loss payable under the Underlying Insurance Policies. If

FOR INFORMATIONAL PURPOSES ONLYDate Received: Date Of Action:4/27/2016 05/6/2016

FL OFFICE OF INSURANCE REGULATION

Page 17: Florida Office of Insurance Regulation · WIC FL CL WO3 04 16 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of  with its permission. FL OFFICE

WESTON INSURANCE COMPANY COMMERCIAL LINES

WIC FL CL EX 04 16

WIC FL CL EX 04 16 Page 2 of 2

coverage is provided, Weston shall not exceed the <Amount or Limit> of Insurance

stated on the Declaration Page(s).

Under the CONDITIONS section of your policy, paragraph 10. Other Insurance is deleted

and replaced with the following:

10. Other Insurance.

This policy shall not cover to the extent of any other insurance, whether prior to or

subsequent here to in date and by whomsoever effected, directly or indirectly covers

the same property against the same perils. This insurance shall apply only as excess

and in no event as contributing insurance, and then only after all other insurance has

been exhausted.

Under the CONDITIONS section of your policy, paragraph 35. Deductibles is deleted and

replaced with the following:

35. Deductibles.

The only deductible applicable to the coverage hereunder is the Underlying

Deductible shown on the Declarations. No separate deductible applies to the

coverage provided under this policy.

The following is added to the CONDITIONS section of your policy:

Maintenance of Underlying Insurance. It is warranted by the insured that the

underlying policies listed on the Declaration Page(s), or renewals or replacements

thereof not more restricted, shall be maintained in force as valid and collectible

during the currency of this policy.

Notwithstanding any of the terms of this policy that might be construed otherwise,

the insurance provided by this policy shall always be excess over the maximum

monetary limits of the Underlying Insurance Policy(ies), regardless of the

uncollectibility (in whole or in part) or lack of existence of any underlying insured

amounts for any reason, including, but not limited to, the financial impairment or

insolvency of any underlying insurer(s) or your failure to procure or maintain such

policies.

The risk of uncollectibility (in whole or in part) of other insurance, whether because

of financial impairment or insolvency of a primary or underlying insurer(s) or for any

other reason, is expressly retained by the assured and is not in any way or under

any circumstances insured or assumed by Weston.

All other provisions of this policy apply.

FOR INFORMATIONAL PURPOSES ONLYDate Received: Date Of Action:4/27/2016 05/6/2016

FL OFFICE OF INSURANCE REGULATION