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HomeMy WebLinkAboutContract 42896crtr sECmEraav oowrRncT ►�. �r� ENCROACHMENT AGREEMENT STATE OF TEXAS § COUNTY OF TARRANT § THIS AGREEMENT is made and entered into by and between the City of Fort Worth, a municipal corporation of Tarrant County, Texas, acting herein by and through its duly authorized City Manager or duly designated Assistant City Manager, hereinafter referred to as the "City ", and _ A; hlev Guamieri acting herein by and through its duly authorized hereinafter referred to as "Grantee ", Owner of the property located at 2201 W. Magnolia Ave-, "'Property") Fort Worth, Texas 76110 WITNESSETH: 1. For and in consideration of the payment by Grantee of the fee set out below and the true and faithful performance of the mutual covenants herein contained, City hereby grants to Grantee permission to construct/ install and /or allow to remain, Improvement(s) ( "Improvement ") that encroaches upon, uses and /or occupies portions of the space under, on and /or above the streets, alleys, OFFIC,1 L F i FT. kj[;KfHH fh sidewalks and other public rights -of -way, such Improvement(s) are described as follows: A 32'6" in length Stone wall with a brick cap to be placed alog1 the side- walk on Jerome Street. The location and description of said Improvement and the encroachment is more particularly described in Exhibit "A ", attached hereto, incorporated herein and made a part hereof for all purposes. 2. All construction, maintenance and operation in connection with such Improvement, use and occupancy shall be performed in strict compliance with this Agreement and the Charter, Ordinances and Codes of the City and in accordance with the directions of the Director of Transportation and Public Works of City, or his duly authorized representative. All plans and specifications thereof shall be subject to the prior written approval of the Director of Transportation and Public Works, or his duly authorized representative, but such approval shall not relieve Grantee of responsibility and liability for concept, design and computation in preparation of such plans and specifications. 2 3. Upon completion of construction and installation of said Improvement and thereafter, there shall be no encroachments in, under, on or above the surface area of the streets, alleys, sidewalks and other public rights -of -way involved, except as described herein and shown on the hereinabove referred to Exhibit "A ". 9 Grantee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such encroachment use and occupancy, including the securing of approval and consent from the utility companies and the appropriate agencies of the State and its political subdivisions. In the event that any installation, reinstallation, relocation or repair of any existing or future utility or improvements owned by, constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance or existence of such encroachment and use, Grantee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works of the City, or his duly authorized representative. City may enter and utilize the referenced areas at any time for the purpose of installing or maintaining improvements necessary for the health, safety and welfare of the public or for any other public purpose. In this regard, Grantee understands and agrees that City shall bear no responsibility or liability for 3 damage or disruption of improvements installed by Grantee or its successors, but City will make reasonable efforts to minimize such damage. N In order to defray all costs of inspection and supervision which City has incurred or will incur as a result of the construction, maintenance, inspection or management of the encroachments and uses provided for by this Agreement, Grantee agrees to pay to City at the time this Agreement is executed a fee in the SUM of two hundred & seventy -five Dollars ($ 275.00 . 0 The term of this Agreement shall be for thirty years, commencing on the date this Agreement is executed by the City of Fort Worth. Upon termination of this Agreement, Grantee shall, at the option of City and at no expense to City, restore the public right -of -way and remove the Improvement encroaching into the public right -of -way, to a condition acceptable to the Director of Transportation and Public Works, or his duly authorized representative, and in accordance with then existing City specifications. It is understood and agreed to by Grantee that if this Agreement terminates and Grantee fails to remove the Improvement, Owner hereby gives City permission to remove the Improvement and any supporting structures and assess a lien on the Property for the costs expended by the City to remove such Improvement. 4 Q It is further understood and agreed upon between the parties hereto that the public rights -of -way, alleys, sidewalks ( "public right -of- way ") to be used and encroached upon as described herein, are held by City as trustee for the public; that City exercises such powers over the public right -of way as have been delegated to it by the Constitution of the State of Texas or by the Legislature; and that City cannot contract away its duty and its legislative power to control the public right -of -way for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the right of way to be used for any other public purpose, including but not being limited to underground, surface of overhead communication, drainage, sanitary sewerage, transmission of natural or electricity, or any other public purpose, whether presently contemplated or not, that this Agreement shall automatically terminate. 10. Grantee understands and agrees that the granting of any encroachment hereunder is not meant to convey to Grantee any right to use or occupy property in which a third party may have an interest, and Grantee agrees that it will obtain all necessary permission before occupying such property. 5 11. Grantee agrees to comply fully with all applicable federal, state and local laws, statutes, ordinances, codes or regulations in connection with the construction, operation and maintenance of said Improvement, encroachment and uses. 12. Grantee agrees to pay promptly when due all fees, taxes or rentals provided for by this Agreement or by any federal, state or local statute, law or regulation. 13. Grantee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant or employee of City and Grantee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The doctrine of respondeat superior shall not apply as between City and Grantee, its officers, agents, servants, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Grantee. 14. GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS no OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND /OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID IMPROVEMENT AND ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF THE CITY; AND GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. GRANTEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF GRANTEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. 15. While this Agreement is in effect, Grantee agrees to furnish City with a Certificate of Insurance, naming City as certificate holder, as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit "A ". The amounts of such insurance shall be not less than the following: $1,000,000 General Liability with the understanding of and agreement by Grantee that such insurance amounts shall be revised upward at City's option and that Grantee shall so revise such amounts immediately following notice to Grantee of such requirement. Such insurance policy shall provide that it cannot be canceled or amended without at least ten (10) days prior written notice to the Building Official of the City of Fort Worth. A copy of such Certificate of Insurance is attached as attached as Exhibit "B ". Grantee agrees to submit a similar Certificate of Insurance annually to City on the anniversary date of the execution of this Agreement. Grantee agrees, binds and obligates itself, its successors and assigns, to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of all encroachments and the cleaning and restoration of the city streets. All insurance coverage required herein shall include coverage of all Grantee's contractors. 16. Grantee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Consent Agreement in its entirety in the deed records of Tarrant County, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth, Texas 17. s In any action brought by the City for the enforcement of the obligations of Grantee, City shall be entitled to recover interest and reasonable attorney's fees. W Grantee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this contract without the prior written approval of the City Manager or designee. Any attempted assignment without prior written approval will be void. 19. THE PARTIES AGREE THAT THE DUTIES AND OBLIGATION CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. me This Agreement shall be binding upon the parties hereto, their successors and assigns. E EXECUTED this day of ��(%l , 201A City City of Fort Worth By Ra Director Planning and Development ATTEST: Grantee (Business Name) Approved As To Form And Legality nt Uty Attorney o'FFiCaAL. K0t M T r ;' R f 1111 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Randle Harwood, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he /she executed the same for the purposes and consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this I S day of RMA d' rryp„� Notary Public in and for th STATE OF TEXAS State of Texas My Comm. Exp. Jan. 28.2o16 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared fid/w , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he /she executed the same for the purposes and consideration therein expressed, as the act and deed of , and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this to day of / ,20 StMPS0N LINDY STATE OF TEXAS sr4��,�* Myn.ExD 1a1B701a 12 Notary Public d fort e State of Texas FOFFICIAL RECORD! CITY St<vCRr—TARY FT VORT4. Reference No 401Yll G No 11-00524 AT Tille Co. RATTIKIN TITLE COMPANY Purchast, GUARNIERI PROPERTY DESCRIPTION Lot 12, Block 11. MISTLET OE HEIGHTS to the City of Fort Worth, Tarrant County, I exas . according to Plat reCordMf in Votume 388, Page 5, Deed Records of Tarrant County, Texas. I According to the City of Fort Worth san,lary sewer map page 2042384 . a san,t. y sewer Ime exists ,n Ore 12 foot.wde alloy adjacent to subject property. CMlact the City of Fort Worth Water Development Department lor furemr mformaum. 2 Residence and garage protrueims are as shown 2201 W. MAGNOLIA AVENUE 2' COW- CURE a 9UrrERh SET a /cA�m MLA& -S 89' 4 —RECOR 12' ALLEY Jae / s SCALE: t' - 20' MYla16 LSTOF1UlTCT1 4 f)VID J. RIM RE IMIRm nKNESSIOWL two St1RY[rOR. IEFKW CERT" TIW TIM s1RJLY w WAX M TE faldue UICIM W SUrE1N6IM NO 0006RY 00" TIE 90UMW f IRE. AID ORIUB0.R OF M LAW StO1WO TtEllmll wD TIMT 411) rROPUM /MS ICCM W AM 111011 A OED11i ROIONIM . SAO rMFEIM 6DC SUBJE17 To AMY AIO ILL m5mEmm llem MTp1ti we 11171EC11016 IM IM E OF RECOID. AID nm c'm TIE LosaoTTS wows OR TTE 0v;, ® rw OF moMm , mm EASUORs AND WM OF WHICH TIE SURVEY= RYS EEI OJOI WRITER NO= FIOY TFU 0DWoon' AM NOW OR 1�IFlQ. AANV= OD IQ ASIRr[,i TIM r'ROPUM. TM SURVLY IM ppEOp� �r r FOR THE TIRE Oo1wrITY AND IU1p64R 5/0811 AID 6 IEDGM FOR ONE 910.E USL TIM SURWr III E Yoe F USED M AlW OOER rk" OR FOR NlY aIItR ttRSM SIANEVOII /FMS Ie m3pot awT1Y Port SID um P R O L I N E •.�JL "1 J• 1 I' R % E 1 I N (1 LID 1 N �t El e T I- .2-(,_I 148 �6r91iz -e =..l •.. �. r_cCCrTi COW- IYlL1f -E- F AD URIOES -� " e',} -�- ® IIOCA Ofilc U •. fJ)1IG1CR WJ ��FES510r' mumom T':IG/NH WL. 1 -11-12 VKyJAJ LlL 5Uoi OM `r VA Iib li Ol KIi �TU11E �uT1ulT� IDLE 2A "x24 "x8� -G" 3'�ICK CDLUr1�1 bt1�W(Nl, WA__ WIiN L}fZ!LK L0..° �11Et l In' i EhLE PRbPtq"C'f ULIG kj - . 1 I Z5 -o Zen FLb, Y 0hl� � 1 6RILK �u!1MN -� \d21LK Ct _'1ht; G�rE Gto P- MUM .1 .. N EX15T 111 b -{- F�-7IJG6 not PItC,PERTY I I, ' 1 WaSHEr' O A_VEL > I _ I Ott 5119 -`, LF F' . 6.JC IST � tit 4+ I `h �r EE I EX1�tlNCx F<hICE LDVEF_rfJ P -AT IDi `mss PIt�PEtZTY LINL- 1 r N •I �_p I I , • I 1 I . I Dt! �It9E5 r (g1�1GK oN 0t,1J17'� r�J_71 gp� STbtJ E RE I —Aak- C�,UP•RNIEIZI '� Tem OF CID'tfltal) P t}R I ILli'( ■ • ■ F LE _ a x rl tZEE G7 I D) r 45�"tLLT hTONt= �b31NL -r P I b4�- S-CEEL E9ldINL -�-� -- �hnurdmm� Ptt�PEECiY LINE r (g1�1GK oN 0t,1J17'� r�J_71 gp� STbtJ E RE I —Aak- C�,UP•RNIEIZI '� Tem °ttpP'tRTY �Ir,tt ' -G11T STOVE tt?. r PLPr JN&, >3G12 rfI'i rf . C-sToQE. ED(=W(.= nE- -rkIL. L,TC =I Y BL D C! =,ro rriA•Yn v.� LIAI L.-� GD` G °ATE T TlL r. t PLAN • U PLANT xltl' S.I TF: °� ZI L �d PVG PIPE SCALE I /br' � i�' Gn IL�I .1!EW (a' cGnCc I -I WN5Nr9 C,K�`:�L • I v 8RIL1, f1)L!Mti— S'x 24 "r.24" &P' E- G�TE MoTDR � cuRB I•.fALK— L Ex��r nay F�iJG� 1 PROPERTY .I • � FENG� TEE 1v u �P I1:EW Y�N�E !a� rEt.1L� .. ,— �1(Dt�E Itilt.li� >rJALL. - FL-W'm Cj 5W I L 1� LP,41N "N PLP�N'T1NCm, MI>: !3PCKFILL •moo .a•,, '.�, _ 1_, ,:' —,,., --'F— P �- ,'rot�lE EDL�iNL-� DE'fP.IL No �+w1C Lc` 0 "v G Steven Thomas 1509 S Univ Dr 218 Fort Worth TX 76107 Jeffery and Ashley Guarnieri 2201 W Magnolia Fort Worth TX 76110 -1124 ✓ Verity the information listed in the Policy Declarations. it Please call if you have any questions. ✓ File this package safely away. ✓ Verity the information on the Address Confirmation Request document; its accuracy could affect your premium. ✓ If you haven't paid your premium in full, watch the mail for your bill. Thank you for choosing Allstate —we're delighted to have you with us! Here's Your Homeowners Insurance Policy Thank you for becoming an Allstate Fire and Casualty Insurance Company insurance customer! When our customers extend their relationship with Allstate, we like them to know that we truly value and appreciate their business. We've enclosed your Allstate Fire and Casualty Insurance Company policy, so you can continue enjoying: • Quality coverage at competitive prices • Access to our knowledgeable, helpful agent network • The peace of mind of knowing your insurance provider is one of the most experienced in the industry You Qualify For A Multiple Policy Discount! Along with our thanks for adding an Allstate Fire and Casualty Insurance Company Homeowners policy to your existing Allstate auto policy, we're happy to pass along the great news that you now qualify for a discount on both policies. Besides saving twice, you'll enjoy the convenience of working with the experienced Allstate team for both your auto and property insurance needs. What's In This Package? This mailing package contains your insurance documents, including your Policy Declarations —which lists your coverages, coverage limits, premiums and any discounts you're receiving. You'll want to review the Policy Declarations to make sure you're comfortable with the coverage choices you've made. Please store all of these documents with your other important papers. Your Bill Unless a mortgage company or lienholder pays your insurance premium for you, keep an eye out for your bill, which we'll send separately. But note that if you're enrolled in the Allstate Easy Pay Plan, you won't receive a bill. Instead, we'll send you a statement detailing your payment withdrawal schedule. (over) PROP Y �IIIEIIIIIVIIIIIIAIIfIIINI'" ". 00 027 TX IIlIIIAII IIIIIIIIIIIIIII 20 2012 Have Questions? Please Contact Us Give your Allstate representative a call at (817) 820 -0015 if you have any questions or if you see something that needs updating — coverages, limits, deductibles. For online services, such as making a payment or viewing policy information, you can register at the Customer Care Center on allstate.com. And for 24- hour- a-day, 7- day -a -week service and information, just call 1- 800- ALLSTATEO (1- 800 - 255- 7828). We Appreciate Your Business Thanks again for choosing Allstate —where you get more than great coverage and service. You get Allstate's 75 years of business experience behind you, plus a team of people who know insurance and give you the freedom to manage your policy your way. Steven P. Sorenson President, Allstate Fire and Casualty Insurance Company 1201205P00024 41034828 Your Choices and Opportunities As a customer insured with Allstate Fire and Casualty Insurance Company, you have the opportunity to upgrade your policy at any time with one of our new products or options! Allstate Offers You Innovative New Choices... Don't forget we now offer Allstate ® Your Choice Home insurance, which packages together the kind of coverages and features you want most. That's on top of what you already get from Allstate, like quality claim service available 24/7. Consider whether one of our new Your Choice Home packages — with features not offered in our Base policy — is right for you: • Platinum Protection package — maximum Allstate protection • Gold Protection package — enhanced coverage for added protection Allstate ® Your Choice Home Package Comparison Features Platinum Gold Protection Protection Claim RateGuard sm: Your rate won't go up just because you file your first claim ✓ *Guaranteed Renewal for Claims: Your policy will be renewed regardless of the number of claims you have ✓ ✓ '(not available in all states) Claim -Free Bonus: You can earn a credit of up to 5% to apply towards your next renewal premium if you remain claim -free ✓ ✓ Coverage Cushion: Extended protection that provides reimbursement of up to 120% of your policy limit for covered losses ✓ ✓ Increased amount of coverage for contents and valuables inside your home (while typically equal to 60% of your current Dwelling coverage limit, it is increased to 75 %) ✓ ✓ Coverage for theft of jewelry, watches and furs — up to $5000 ✓ ✓ ...And New Personalized Options In addition to Your Choice Home packages, we also now offer new Personalized Options. These specialized options provide specific coverage and limit combinations that cater to the individual interests of today's homeowner. Perhaps one of these Personalized Options is right for you: Prized Possessions : provides extended coverage — up to $10,000 — and increased limits for special assets, such as jewelry, watches and furs and increased limits for silverware. Home Enterprise Coverage : provides increased coverage limits for those who work from home in an office or studio and need additional protection for equipment, supplies, furnishings and liability for business pursuits. Also includes $5,000 worth of electronic data recovery expense. Electronic Data Recovery Endorsement : provides expense reimbursement up to $5,000 for costs associated with researching, replacing and restoring lost data. It also provides coverage in the event of lost data due to a computer virus. PROP IIIIIIIBIIIIIIIIIIIINIIIIIINVIIIAI %fll�llllllllldll nl. -a,, n �,,. 1 Page 1 an,a,v 20 Yard & Garden : includes higher limits and extended coverage for trees, shrubs, landscaping and motorized land vehicles (such as riding lawn mowers and garden tractors). Sports & Leisure : provides expanded coverage for items such as sports equipment and increased coverage limits for certain watercraft. Music & Photography : provides extended coverage for musical instruments and photography equipment. You can add a Your Choice Home package or Personalized Option to your policy right away, without waiting for your current policy to expire — just call your Allstate representative for a quote today! Discounts and Other Opportunities There are a variety of ways to save money on your Allstate homeowners insurance. Below are just a few discounts and savings options that may be available in your area (subject to qualifications). Home Buyer Discount For those who have recently purchased a home that is less than 50 years old. Claim Free Discount For those who maintain a property policy for at least one year prior to their Allstate policy's effective date and have no claims within five years. 55 and Over Discount For those who are retired and over age 55. Home and Auto Discount For those who insure their home, condo, mobile home or apartment through Allstate, as well as their auto. Age of Home Discount A varying discount based on the age of home (under 50 years old) — the newer the home, the larger the discount. Partially Renovated Home Discount For those with certain home renovations that were completed by a licensed contractor (such as a new roof or updated electrical or plumbing systems). To learn more about these and other discounts available in your area, contact your Allstate representative today! X71972 Page 2 201205P00074 4+084826 Allstate Fire and Casualty Insurance Company Homeowners Policy Declarations Summary NAMED INSURED(S) YOUR ALLSTATE AGENT IS: CONTACT YOUR AGENT AT: Jeffery and Ashley Steven Thomas (817) 820 -0015 Guarnieri 1509 S Univ Dr 218 2201 W Magnolia Fort Worth TX 76107 Fort Worth TX 76110 -1124 POLICY NUMBER POLICY PERIOD PREMIUM PERIOD 8 16 319406 01/17 Effective date: Jan. 17, 2012 Jan. 17, 2012 to Jan. 17, 2013 Expiration date: Jan. 17, 2013 at 12:01 A.M. standard time at 12:01 A.M. standard time at the location of the property insured LOCATION OF PROPERTY INSURED 2201 W Magnolia, Fort Worth, TX 76110 -1124 Total Premium for the Premium Period (Your bill will be mailed separately) Premium for Property Insured $738.55 Premium for Scheduled Personal Property Coverage $391.00 Recoupment Fee Vol Rural Fire Dept Assistance Prg $0.63 TOTAL $1,130.18 PROP IIfIIIIIIIPIIflIIIIIIYIIIIYIIINIIIIIIIIBYIYIIIIIIIIIII :: Allstate Fire and Casualty Insurance Company Policy Number: 81631940601/17 Your Agent: Steven Thomas (817) 820.0015 For Premium Period Effective: Jan. 17, 2012 COVERAGE AND APPLICABLE DEDUCTIBLES (See Policy for Applicable Terms, Conditions and Exclusions) LIMITS OF LIABILITY Dwelling Protection - w /out Building Structure Reimbursement Extended Limits • $2,000 All Peril Deductible Applies $200,000 Other Structures Protection • $2,000 All Peril Deductible Applies $20,000 Personal Property Protection - Reimbursement Provision • $2,000 All Peril Deductible Applies $120,000 Additional Living Expense Up To 12 Months Not To Exceed $20,000 Foundation Water Damage $5,000 Building Codes $5,000 Family Liability Protection $300,000 each occurrence Guest Medical Protection $5,000 each person DISCOUNTS Your premium reflects the following discounts on applicable coverage(s): Protective Device 3.00 % Claim Free 14.00 % Home and Auto 26.00 % Age of Home 45.00 % Home Buyer 10.00 % RATING INFORMATION The dwelling is of Brick Veneer construction and is occupied by 1 family Your dwelling is 1 mile(s) to the fire department Information as of Page 2 Janna, 20 2012 TX070NBD All'state Fire and Casualty Insurance Company Policy Number: 8 16 319406 01/17 Your Agent: Steven Thomas (817) 820.0015 For Premium Period Effective: Jan. 17, 2012 Scheduled Personal Property Coverage Your policy includes Scheduled Personal Property Coverage. Please refer to the Scheduled Personal Property endorsement (form AFH14) for terms, conditions and exclusions applicable to your Scheduled Personal Property Coverage. PROPERTY CLASS(ES) AND TOTAL OF INDIVIDUAL ITEM LIMITS PER CLASS APPLICABLE DEDUCTIBLES (See your AFH14 for coverage limits applicable for each scheduled item) Jewelry $27,000 Your Policy Documents Your Homeowners policy consists of this Policy Declarations and the documents listed below. Please keep these together. - Homeowners Policy form AFH1 - Scheduled Personal Property End. form AFH14 - Texas Amendatory Endorsement Form AFH17 -1 Important Payment and Coverage Information The Property Insurance Adjustment condition applies. Please note: This is not a request for payment. Any adjustments to your premium will be reflected on your next scheduled bill which will be mailed separately. IN WITNESS WHEREOF, Allstate Fire and Casualty Insurance Company has caused this policy to be signed by two of its officers at Northbrook, Illinois, and if required by state law, this policy shall not be binding unless countersigned on the Policy Declarations by an authorized agent of Allstate Fire and Casualty Insurance Company. Steven P. Sorenson President Mary J. McGinn Secretary PROP IIIIIIIIIII�IIII1 11�fIIII�IIICI�1Nf1111�11�1111011 Page 3 111111 _. Allstate Fire and Casualty Insurance Company Policy Number: 8 16 319406 01/17 Your Agent: Steven Thomas (817) 820 -0015 For Premium Period Effective: Jan. 17, 2012 Important Notice DWELLING PROFILE Allstate has determined that the estimated cost to replace your home is : $187.450 The enclosed Policy Declarations shows the limit of liability applicable to Coverage A— Dwelling Protection of your homeowners insurance policy. The estimated replacement cost of your home is the minimum amount for which we will insure your home. The decision regarding the limit applicable to your Coverage A — Dwelling Protection is your decision to make, as long as, at a minimum, your limit equals the estimated replacement cost as determined by Allstate and does not exceed maximum coverage limitations established by Allstate. It is important to keep in mind that your Coverage A limits reflect a replacement cost that is only an estimate based on data that was available to us when we made this estimate (this data is described further below). The actual amount it will cost to replace your home cannot be known until after a covered total loss has occurred. How is the replacement cost estimated? Many factors can affect the cost to replace your home, including its age, size, and type of construction. For example, the replacement cost uses construction data, such as labor and materials, that are available to us when we made this estimate. This estimate is also based on characteristics of the home, which include information that you provided to us. You might have chosen to insure your home for a higher amount than the estimated replacement cost shown above. Note to customers renewing their policy The estimated replacement cost for your home may have changed since the last time we communicated this information to you. This is because, at renewal, Allstate uses the home characteristics that you have provided to us to recalculate and update the estimated replacement cost. Using updated labor and material rates for your zip code, Allstate takes the home characteristics you have provided and determines the updated estimated replacement cost. The information about your home's characteristics is provided below. If the information about your home shown below requires any change or if you have any questions or concerns about the information contained in this Important Notice, please contact your Allstate representative, or call us at 1- 800 - Allstate.° DWELLING STYLE: 1.0 Story(s), 1 Family(s), Built 2012, Living Area 2500 sq. ft. FOUNDATION: 100% Slab ADDITIONS: Detached Structures -- Detached Garage - 2 Car (1) Interior -- Kitchen - Basic (1) Interior -- Full Bath - Basic (1) DETAIL: Exterior Walls -- Brick Veneer 100 % Roofing -- Asphalt/Fiberglass Shingle 100 % Interior Partitions --Drywall 100 % Interior Partitions -- Less than 10 ft Wall Height 100 % information as of Page 4 January 20 . 2012 TX070NBD Allstate Fire and Casualty Insurance Company Policy Number: 8 16 319406 01/17 Your Agent: Steven Thomas (817) 820 -0015 For Premium Period Effective: Jan. 17, 2012 Heating & Cooling -- Heat & Central Air Cond. -Avg Cost 100 % X67831 PROP nmmuiinmiuiimuii III i :_ , Allstate Fire and Casualty Insurance Company Policy Number: 8 16 319406 01/17 Your Agent: Steven Thomas (817) 820 -0015 For Premium Period Effective: Jan. 17, 2012 IMPORTANT NOTICE To obtain information or make a complaint: You may call Allstate's toll -free telephone number for information or to make a complaint at 1 -800 - ALLSTATE ® (1 -800 -255 -7828) You may also write to Allstate at Allstate Insurance Company PO Box 40047 Roanoke, VA 24022 -0047 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1- 800 - 252 -3439 You may write the Texas Department of Insurance PO Box 149104 Austin, TX 78714-9104 FAX # (512) 475 -1771 Web: http: / /www.tdi.state.tx.us E -mail: ConsumerProtection @tdi.state.tx.us To obtain price and policy form comparisons and other information relating to residential property insurance and personal automobile insurance, you may visit the Texas Department of Insurance /Office of Public Insurance Counsel website: www.helpinsure.com PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puetle Ilamar al numero de telefono gratis de Allstate para informacion o para someter una queja al 1 -800 - ALLSTATE °(1 -800 - 255 -7828) Usted tambien puetle escribir a Allstate Allstate Insurance Company PO Box 40047 Roanoke, VA 24022 -0047 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al 1 -800 -252 -3439 Puede escribir al Departamento de Seguros de Texas PO Box 149104 Austin, TX 78714 -9104 FAX # (512) 475 -1771 Web: http: / /www.tdi.state.tx.us E -mail: ConsumerProtection @tdi.state.tx.us Para obtener formas de comparacion de precios y pbliza y otra informacion acerca del seguro de propiedad residencial y del seguro de autombvil, visite el sitio web del Departamento de Seguros de Texas y la Oficina del Asesor Publico de Seguros: www.helpinsure.com DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puetle entonces comunicarse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR UNA ESTE AVISO A SU POLICY: POLIZA: This notice is for information only and Este aviso es solo para proposito de does not become a part or condition of informacion y no se convierte en parte o the attached document. condition del documento adjunto. X67186 -3 PROP '01000421201205P000243606' 11111111111111 111 111 Allstate Fire and Casualty Insurance Company Policy Number: 816 319406 01/17 Your Agent: Steven Thomas (817) 820 -0015 For Premium Period Effective: Jan. 17, 2012 Important Notice Privacy Policy Statement Thank you for choosing Allstate. We value you, respect your privacy and work hard to protect your personal information. This statement is provided on behalf of Allstate Insurance Company and the affiliates ("Allstate" ) listed at the end of this notice. We would like to explain how we collect, use and share the information we obtain about you in the course of doing business. Our Privacy Assurance • We do not sell your personal or medical information to anyone. • We do not share your information with non - affiliate companies that would use it to contact you about their own products and services. • We reauire persons or organizations that represent or assist us in servicing your policy and claims to keep your information confidential. • We require our employees to protect your personal information and keep it confidential. As you can see, protecting your personal information is important to us. In addition to the practices described above, we use a variety of physical, technical and administrative security measures that help to safeguard your information. For Social Security Numbers (SSN), this includes restricting access to our employees, agents and others who use your SSN only as permitted by law: to comply with the law, to provide you with products and services, and to handle your claims. Also, our employees' and agents' access to and use of your SSN are limited by the law, our policies and standards, and our written agreements. Our privacy practices continue to apply to your information even if you cease to be an Allstate customer. What Personal Information Do We Have and Where Do We Get It We gather personal information from you and from outside sources for business purposes. Some examples of the information we collect from you may include your name, phone number, home and e-mail addresses, driver's license number, social security number, marital status, family member information and healthcare information. Also, we maintain records that include, but are not limited to, policy coverages, premiums, and payment history. We also collect information from outside sources that may include, but is not limited to, your driving record, claims history, medical information and credit information. In addition, Allstate and its business partners gather information through Internet activity, which may include, for example, your operating system, links you used to visit allstate.com, web pages you viewed while visiting our site, and cookies. We use cookies and other web tools to track how visitors use our site in order to improve the customer experience. Also, our business partners assist us with monitoring information including, but not limited to, Internet Protocol (IP) addresses, domain names and browser data, which can help us to better understand how visitors use allstate.com. How We Use and Share Your Personal Information In the course of normal business activities, we use and share your personal information. We may provide your information to persons or organizations within and outside of Allstate. This would be done as required or permitted by law. For example, we may do this to: • Fulfill a transaction you requested or service your policy • Market our products to you • Handle your claim • Prevent fraud • Comply with requests from regulatory and law enforcement authorities • Participate in insurance support organizations The persons or organizations with whom we may share your personal information may include, among others: • Your agent, broker or Allstate - affiliated companies • Companies that perform services, such as marketing, credit card processing, and performing communication services on our behalf • Business partners that assist us with tracking how visitors use allstate.com. • Other financial institutions with whom we have an agreement for the sale of financial products Page 1 Allstate Fire and Casualty Insurance Company Policy Number: 816 319406 01/17 Your Agent: Steven Thomas (817) 820 -0015 For Premium Period Effective: Jan. 17, 2012 • Other insurance companies that play a role in an insurance transaction with you • Independent claims adjusters • A business or businesses that conduct actuarial or research studies • Those who request information pursuant to a subpoena or court order • Repair shops and recommended claims vendors The Internet and Your Information Security As previously stated, we use cookies to help us track visits to our website. This function also helps us identify particular users and provide them with better service and a more customized web experience. Additionally, our business partners use tracking services that utilize tags and third -party cookies to monitor visits to allstate.com. The website may also use Web beacons (also called "clear GIFs" or" pixel tags" ) in conjunction with cookies. If you prefer, you can choose to not accept cookies by changing the settings on your web browser. Also, if you would like to learn about how we gather and protect your information over the Internet, please see our online privacy statement located at the bottom of the allstate.com homepage. How You Can Review and Correct Your Personal Information You can request to review your personal information contained in our records at any time. To do this, please send a letter to the address below requesting to see your information for the previous two years. If you believe that our information is incomplete or inaccurate, you can request that we correct it. Please note we may not be able to provide information relating to investigations, claims, litigation, and other matters. We will be happy to make corrections whenever possible. Please send requests to: Allstate Insurance Company Customer Privacy Inquiries P.O. Box 40047 Roanoke, VA 24022 -0047 Your Preference for Sharing Personal Information We would like to share your personal information with one or more Allstate affiliates in order to make you aware of different products, services and offers they can provide. However, you can request that Allstate and its affiliate companies not share your personal information with our affiliates for marketing products and services. To request that we not allow other Allstate affiliates to use your personal information to market their products and services, you can contact us by calling 1- 800 - 856 -2518 twenty -four hours a day, seven days a week. Please keep in mind that it may take up to four weeks to process your request. If you previously contacted us and asked us not to allow other Allstate affiliates to use your personal information, your previous choice still applies and you do not need to contact us again. If you would like to change your previous choice please call the number above at any time. We Appreciate Your Business Thank you for choosing Allstate. We understand your concerns about privacy and confidentiality, and we hope this notice has been helpful to you. We value our relationship with you and look forward to keeping you in Good Hands ®. We reserve the right to change our Privacy practices, procedures, and terms. If you have questions or would like more information, please don't hesitate to contact your Allstate agent or call the Allstate Customer Information Center at 1- 800 - Allstate. For Vermont residents: We won't share your personal information with Allstate companies for marketing purposes except as permitted by law. Allstate Insurance Company Allstate affiliates to which this notice applies: Allstate Bank, Allstate County Mutual Insurance Company, Allstate Financial Services, LLC (LSA Securities in LA and PA), Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Investment Management Company, Allstate Life Insurance Company, Allstate Life Insurance Company of New York, Allstate Motor Club, Inc., Allstate New Jersey Insurance Company, Allstate New Jersey Property and Casualty Insurance Company , Allstate Property and Casualty Insurance Company, Allstate Texas Lloyd's, Allstate Texas Lloyd's, Inc., Deerbrook General Agency, Inc., Deerbrook Insurance Company, Forestview Mortgage Insurance Company, Lincoln Benefit Life Company, Northbrook Indemnity Company, Roadway Protection Auto Club, Inc. Please Note: Allstate affiliates American Heritage Life Insurance Company, Castle Key Insurance Company and Castle Key Indemnity Company participate in information sharing with the affiliates listed above, but have a separate privacy notice for their customers. (ed. 04/2010) X66702-1v4 Page 2 PuiniiiaiiiiiiimiinmiwniiiiiiiimAiimiiiiAu Allstate Fire and Casualty Insurance Company Policy Number: 816 319406 01/17 Your Agent: Steven Thomas (817) 820 -0015 For Premium Period Effective: Jan. 17, 2012 Address Confirmation Request Please Confirm Your Current Address As you may know, we base our property insurance rates, in part, on where a customer's property is located. According to our records, the location of the dwelling your property policy covers is: Address: 2201 W Magnolia CityNillage/Township: Fort Worth State: TX Zip: 76110-1124 County: Tarrant We ask that you please review this information to make sure the address we've listed above is accurate. If you see any information that is incorrect, please contact your Allstate representative as soon as possible and provide them with the correct information. Once we receive your updated information, we will send you an Amended Policy Declarations and, if necessary, adjust your insurance premium to reflect the updated information. If the information above is correct, you do not need to contact us. Feel free to contact your Allstate representative with any questions you may have about this notice. X72770 Affstate Fire and Casualty Insurance Company Policy Number: 8 16 319406 01/17 Your Agent: Steven Thomas (817) 820 -0015 For Premium Period Effective: Jan. 17, 2012 Important Notice Identity Theft Expenses Coverage— Coverage for Identity Theft Victims While modern technology has made our lives easier, it's also made it easier for thieves to commit what's become the fastest growing crime in America' — identity theft. Thieves begin by gaining access to personal information such as your Social Security number, date of birth and driver's license number. They then use this information to set up fake accounts, open loans, rent housing, secure employment or even obtain medical care — all without you even knowing. As this crime grows increasingly common, consumers need options for dealing with the costs and hassles related to identity theft — that's why we're offering Identity Theft Expenses Coverage. For just $ 30 per year you can get help to restore your good name. Now Allstate has a product that can help you if your identity is stolen. You can add this optional coverage to your property policy for just a few dollars a month —a small price to pay for peace of mind. Especially when you consider that while other insurance companies typically require a deductible for similar protection, with Allstate there is no deductible. Allstate takes identity theft expense coverage a step further. If you purchase this coverage we'll reimburse you for covered expenses you incur to restore your identity up to a $25,000 coverage limit. That's more than most companies offer for this type of coverage. This coverage includes reimbursement for: • Attorneys fees (subject to applicable coverage limits) —in case you need to hire an attorney to defend you if lawsuits are brought against you by merchants or collection agencies, if you need help to remove criminal or civil judgements wrongly entered against you, or to challenge information contained in your credit report. • Lost wage recovery (up to $250 /day with a $5,000 cap) — this will help cover wages or salary you may lose if you need to take time off work to complete affidavits or meet with law enforcement agencies, financial institutions, credit grantors, credit reporting agencies or attorneys. • Loan reapplication fees — this covers your expenses if you need to reapply for loans denied you solely because the lender received incorrect information due to identity theft. • Other expenses — covers other expenses involved in restoring your identity, such as mailing costs, notary expenses and long distance phone calls. Page 1 PROP 111111 III IIIYI II II II IIII IIIVII IYIII II IIYIII I III Idl l Allstate Fire and Casualty Insurance Company Policy Number: 8 16 319406 01/17 Your Agent: Steven Thomas (817) 820 -0015 For Premium Period Effective: Jan. 17, 2012 You can get help if you become a victim. If you ever become a victim of identity theft, you probably won't know all that is involved in restoring your name. There are many issues you would need help with, including: • Understanding your rights as an identity theft victim. • Filling out paperwork, including police reports. • Issuing a Fraud Alert to the three major credit bureaus, as well as Social Security Administration, Federal Trade Commission, and U.S. Postal Service. • Obtaining copies of your credit bureau reports. • Working with the three major credit bureaus to restore the accuracy of your credit history. • Reviewing your credit history to verify if fraud includes items such as public records, (liens, judgements, bankruptcies); credit accounts; or errors with addresses /prior employment. • Issuing a fraud alert to affected financial institutions and credit card companies. • Tracing Social Security numbers, notifying and working with the Department of Motor Vehicles, collection agencies for creditors, and law enforcement personnel. This may seem overwhelming, but our Identity Theft Expenses Coverage can help. With it, if you decide to hire a firm to help you address identity theft issues such as these, you will have up to $2,000 available to pay for their services. In addition, we may refer you to a firm that specializes in addressing the effects of identity theft. ** In either case, if you have this coverage you'll have peace of mind knowing you can get help to restore your identity. Are you in Good Hands 7 With Allstate you have 75 years of business experience behind you. That means you're getting more than great products and service. You get a team of people who know insurance and give you the freedom to manage your insurance your way. To sign up for Identity Theft Expenses Coverage, or for more information, just call your Allstate representative, or log onto allstate.com. You should never be alone. That's our stand. "Referrals, if any, are solely at the discretion of Allstate. Identity Theft Expenses Coverage is subject to policy terms. Please read the policy endorsements carefully. Federal Trade Commission Identity Theft Survey Report, September 2003 X71831 Page 2 Allstate Fire and Casualty Insurance Company Policy Number: 8 16 319406 01/17 Your Agent: Steven Thomas (817) 820 -0015 For Premium Period Effective: Jan. 17, 2012 Important Notice Important Information About Your Homeowners Policy The enclosed Policy Declarations lists important information about your policy, such as your address, the location of the insured property, the coverages and coverage limits you've chosen, and mortgagee information, if applicable. Your Policy Declarations also lists any discounts and surcharges applied to your policy. Because much of the information found on your Policy Declarations is used to help us determine your premium, please be sure to review your Policy Declarations carefully each time you receive one. You may want to add coverage, delete coverage or change your coverage limits — or you may want to update coverage on valuable personal items, such as jewelry or artwork. Another thing to keep in mind is that you may now qualify for discounts that you previously were not eligible to receive. For instance, Allstate offers discounts for: • homeowners who are 55 years of age or older; • homes that contain smoke detectors and other protective devices; and • homeowners who also insure their autos with Allstate. Please contact your Allstate representative for additional information about discount qualifications, as well as other discounts that may be available. Making changes to your policy If you need to make a change to any of the information listed on your Policy Declarations, please notify your Allstate representative of the change as soon as possible. With a few exceptions, any changes will be effective as of the date you notify us. If you have any questions about this notice, or if you need to update any of the information listed on the enclosed Policy Declarations, please contact your Allstate agent or our Customer Information Center at 1- 800-ALLSTATE (1- 800 - 255 - 7828). X67111 PROP IIII11111111pIIIII�IYlllllll IliIYIYIIIIINYIIIIIIIII Allstate Fire and Casualty Insurance Company Policy Number: 8 16 319406 01/17 Your Agent: Steven Thomas (817) 820 -0015 For Premium Period Effective: Jan. 17, 2012 Important Notice Certain Losses Are Excluded Your policy contains several exclusions, which are listed in the sections titled " Losses We Do Not Cover" throughout the policy. All these exclusions can impact the coverage provided by your policy. Please review your policy, including all the policy exclusions, carefully. Among the other exclusions, your policy does not provide Dwelling Protection, Other Structures Protection, or Personal Property Protection coverage for loss caused by or consisting of any type of vapors, fumes, acids, toxic chemicals, toxic gasses, toxic liquids, toxic solids, waste materials, irritants, contaminants, or pollutants. Your policy also does not provide Liability or Medical coverage for bodily injury or property damage which results in any manner from any type of vapors, fumes, acids, toxic chemicals, toxic gasses, toxic liquids, toxic solids, waste materials, irritants, contaminants or pollutants. However, bodily injury or property damage which results from heat, smoke or fumes from a fire which becomes uncontrollable or escapes from its intended location is covered. Also, bodily injury resulting from the sudden and accidental discharge, dispersal, release or escape of carbon monoxide from a heating system, an appliance for heating water, or a household appliance located at the residence premises is covered. Your policy does not cover any liability imposed upon any insured person by any governmental authority for bodily injury or property damage which results in any manner from, or for property damage consisting of or caused by, any type of vapors, fumes, acids, toxic chemicals, toxic gasses, toxic liquids, toxic solids, waste materials, irritants, contaminants, or pollutants. The term " pollutants" includes, but is not limited to: • lead in any form; • asbestos in any form; • radon in any form; or • oil, fuel oil, kerosene, liquid propane or gasoline intended for, or from, a storage tank located at the residence premises. XC1387 Page 1 Allstate Fire and Casualty Insurance Company Policy Number: 8 16 319406 01/17 Your Agent: Steven Thomas (817) 820 -0015 For Premium Period Effective: Jan. 17, 2012 Important Notice Consumer Bill of Rights For Homeowners, Dwelling & Renters Insurance AVISO : Este documento es un resumen de sus derechos como asegurado. Usted tiene el derecho a Ilamar a su compania y pedir una copia de estos derechos en espal5ol. What is the Bill of Rights? This Bill of Rights is a summary of your rights and does not become a part of your policy. The Texas Department of Insurance (TDI) adopted the Bill of Rights and requires insurance companies to provide you a copy when they issue your policy. Texas law gives you certain rights regarding your homeowners, dwelling and renters insurance. This Bill of Rights identifies your rights specified by rule or by state statute, but it does not include all your rights. Also, some exceptions to the rights are not listed here. If your agent, company, or adjuster tells you that one of these rights does not apply to you, contact TDI Consumer Protection at 1- 800 - 252 -3439 (463 -6515 in Austin) (111 -1 A), P.O. Box 149091, Austin, TX 78714 -9091. For a list of the specific law(s) and /or rules(s) summarized in each item of this Bill of Rights, or if you have questions or comments contact the Office of Public Insurance Counsel at 333 Guadalupe, Suite 3 -120, Austin, TX 78701 (512- 322 -4143) or http: / /www.opic.state.tx.us. This Bill of Rights does not address your responsibilites. Your responsibilites concerning your insurance can be found in your policy. Failure to meet your obligations may affect your rights. Getting information from the Department of Insurance and Your Insurance Company 1. INFORMATION FROM TDI. You have the right to call TDI free of charge at 1- 800 - 252 -3439 or 463 -6515 in Austin to learn more about: • your rights as an insurance consumer; • the license status of an insurance company or agent; • the financial condition of an insurance company; • the complaint ratio and type of consumer complaints filed against an insurance company; • use of credit information by insurance companies, including which insurance companies use it and access to each company's credit scoring model; • an insurance company's rates filed with the state; • an insurance company's underwriting guidelines (subject to exemptions in the Public Information Act, also know as the Open Records Act); • the Texas FAIR Plan, designed to help consumers who have been denied coverage by at least two insurance companies; • Helpinsure.com, a service to help Texans shop for homeowners insurance; • the Market Assistance Program (MAP) at 1- 888 - 799 -AMPP (6277), designed to help those in underserved areas obtain insurance; and • other consumer concerns. You can also find some of this information on the TDI website at hftp: / /www.tdi.state.tx.us. 2. INFORMATION FROM YOUR INSURANCE COMPANY. You have the right to a toll -free number to call your insurance company free of charge with questions or complaints. You can find this number on a notice accompanying your policy. This requirement does not apply to small insurance companies. Page 1 PROP IIIIVIIIIIIIIIIIIII�IYIII�IYIIIIIYIYIIIIIIIIYIIINII Allstate Fire and Casualty Insurance Company Policy Number: 816 319406 01/17 Your Agent: Steven Thomas (817) 820 -0015 For Premium Period Effective: Jan. 17, 2012 What you should know before you buy insurance 3. PROHIBITED STATEMENTS. Your insurance company or agent is prohibited from making false, misleading, or deceptive statements to you relating to insurance. 4. LENDER - REQUIRED INSURANCE. A lender cannot require you to purchase insurance on your property in an amount that exceeds the replacement cost of the dwelling and its contents as a condition of financing a residential mortgage or providing other financing arrangements for the property, regardless of the amount of the mortgage or other financing arrangements. In determining the replacement cost of the dwelling, a lender cannot include the fair market value of the land on which a dwelling is located. 5. CREDIT INFORMATION. An insurance company cannot deny you insurance solely on the basis of credit information. Insurers who use credit information must also consider other underwriting factors independent of credit information when deciding whether to offer coverage. (For additional information see the section of this Bill of Rights entitled What you should know about insurance companies' use of credit information .) 6. APPLIANCE RELATED WATER DAMAGE CLAIMS. An insurance company cannot deny you insurance or increase your premium based on a prior appliance - related water damage claim if: • the claim has been properly repaired or remediated; and • the repair or remediation was inspected and certified unless three such claims have been filed and paid in a three -year period. NOTE: A claim includes a claim filed by you or a claim filed on your property 7 WATER CLAIMS /MOLD DAMAGE OR CLAIMS. An insurance company cannot deny you insurance based: • solely on a single prior water damage claim. • on prior mold damage or a prior mold claim if: • the damage or claim was properly repaired or remediated; and • the repair or remediation was inspected and certified. NOTE: A claim includes a claim filed by your or a claim filed on your property. 8. PROPERTY CONDITION. Voluntary Inspection Program: You have the right to have an independent inspection of your property by any person authorized by the Commissioner of Insurance to perform inspections. Once the inspector determines that your property meets certain minimum requirements and issues you an inspection certificate, no insurer may deny coverage based on property conditions without reinspecting your property. If an insurer then denies coverage, the insurer must identify, in writing, the specific problem(s) that makes your property uninsurable. You can find a list of available inspectors on the TDI website at www.tdi.state.tx.us /consumer /vipcommish.html or you can contact TDI for the list directly at (512) 322 -2259. 9. SAFETY NET. You have the right to buy basic homeowners insurance through the Texas Fair Access to Insurance Requirements Plan, also known as the Texas FAIR Plan, if you have been denied coverage by two insurance companies. Your property must meet certain requirements, and eligibility for FAIR Plan coverage must be re- established every two years. You can access a list of insurance agents who are authorized to sell this coverage on the Texas FAIR Plan Association website at www.texasfairplan.orgor by calling 1-800-466-6680. 10. WINDSTORM COVERAGE. For property located in areas designated by the Commissioner in certain counties on or near the coast, you have the right to buy windstorm and hail coverage from the Texas Page 2 Allstate Fire and Casualty Insurance Company Policy Number: 816 319406 01/17 Your Agent: Steven Thomas (817) 820 -0015 For Premium Period Effective: Jan. 17, 2012 Windstorm Insurance Association. Your property must meet certain requirements, and the basic coverage is limited to a maximum amount set each year by the Commissioner of Insurance. This right applies whether or not you buy other insurance for your house. In all other counties your homeowners or dwelling policy includes this coverage. You may be able to purchase additional coverage from the Association. 11. ELECTRONIC PAYMENTS. If you authorize your insurer to withdraw your premium payments directly from your financial institution, including your escrow account, your insurer cannot increase the amount withdrawn unless: • the insurer notifies you of the premium increase at least 30 days prior to its effective date and provides a postage paid form you can use to object to the increase; and • you do not notify the insurer or financial institution that you object to the increase at least 5 days prior to the increase. This does not apply to premium increases specifically scheduled in the original policy, to increases based on policy changes you request, or to an increase that is less than $10 or 10% of the previous month's payment. 12. NOTICE OF REDUCED COVERAGE. If an insurer uses an endorsement to reduce the amount of coverage provided by your policy, the insurer must give you a written explanation of the change made by the endorsement. The insurer must provide the explanation before the effective date of the new or renewal policy. An insurance company cannot reduce coverage during the policy period unless you request the change. If you request the change, the company is not required to provide notice. 13. NOTICE OF PREMIUM INCREASE. If your insurer intends to increase your premium by 10% or more upon renewal, the insurer must send you notice of the rate increase at least 30 days before your renewal date. 14. EXPLANATION OF DENIAL. Upon request, you have the right to be told in writing why you have been denied coverage. The written statement must fully explain the decision, including the precise incidents, circumstances, or risk factors that disqualified you. It must also state the sources of information used. NOTE: The obligation to provide a written explanation applies to insurance companies directly. An independent agent does not have a specific duty to quote the lowest possible rate to a consumer or to provide a written statement explaining why the agent did not offer the consumer the lowest possible rate. 15. RATE DIFFERENTIAL WITHIN A COUNTY. If an insurer subdivides a county for the purposes of charging different rates for each subdivision, the difference between the lowest and the highest rate cannot exceed 15% unless actuarially justified. 16. RIGHT TO PRIVACY. You have the right to prevent an insurance company, agent, adjuster or financial institution from disclosing your personal financial information to companies that are not affiliated with the insurance company or financial institution. Some examples are income, social security number, credit history and premium payment history. If you apply for a policy, the insurance company or financial institution must notify you if it intends to share financial information about you and give you at least 30 days to refuse. This refusal is called "opting out." If you buy a policy, the insurance company or financial institution must tell you what information it collects about you and whether it intends to share any of the information, and give you at least 30 days to opt out. Agents and adjusters who intend to share your information with anyone other than the insurance company or financial institution must give you similar notices. You can opt out at any time. Your decision to opt out remains in effect unless you revoke it. Page 3 ' PROP 11111111111NIIIIIIIYIIIIIY�I1111 'IIPIIIIIIInIIYIfi Allstate Fire and Casualty Insurance Company Policy Number: 8 16 319406 01/17 Your Agent: Steven Thomas (817) 820 -0015 For Premium Period Effective: Jan. 17, 2012 These protections do not apply to information: • publicly available elsewhere; • insurance companies or financial institutions are required by law to disclose; or • insurance companies or financial institutions must share in order to conduct ordinary business activities. What you should know about cancellation and nonrenewal Cancellation means that before the end of the policy period the insurance company: • terminates the policy; • reduces or restricts coverage under the policy; or • refuses to provide additional coverage to which you are entitled under the policy. Refusal to renew and non - renewal mean the policy terminates at the end of the policy period. The policy period is shown on the Policy Declarations at the front of your policy. 17. LIMITATION ON CANCELLATION FOR HOMEOWNERS AND RENTERS POLICIES. After your initial homeowners or renters policy with your company has been in effect for 60 days or more, that insurance company cannot cancel your policy unless: • you don't pay your premium when due; • you file a fraudulent claim; • there is an increase in the hazard covered by the policy that is within your control and results in an increase in the policy premium; or • TDI determines continuation of the policy would result in violation of insurance laws. If your policy has been in effect for less than 60 days, your insurance company cannot cancel your policy unless: • one of the reasons listed above applies; • the insurance company identifies a condition that: • creates an increase in hazard; • was not disclosed on your application; and • is not the subject of a prior claim; or • the insurance company rejects a required inspection report within 10 days after receiving the report. The report must be completed by a licensed or authorized inspector and cannot be more than 90 days old. 18. LIMITATION ON CANCELLATION FOR DWELLING POLICIES. After your initial dwelling policy with your company has been in effect for 90 days, that insurance company cannot cancel your policy unless: • you don't pay your premium when due; • you file a fraudulent claim; • there is an increase in the hazard covered by the policy that is within your control and results in an increase in the policy premium; or • TDI determines continuation of the policy would result in violation of insurance laws. 19. NOTICE OF CANCELLATION. To cancel your policy, your insurance company must mail notice at least 10 days prior to cancellation. Your policy may provide for even greater notice. 20. POLICYHOLDER'S RIGHT TO CANCEL. You have the right to cancel your policy at any time and receive a refund of the remaining premium. Page 4 Allstate Fire and Casualty Insurance Company Policy Number: 8 16 319406 01/17 Your Agent: Steven Thomas (817) 820 -0015 For Premium Period Effective: Jan. 17, 2012 21. CHANGE IN MARITAL STATUS. If your marital status changes, you have the right to continue your insurance coverage. You have a right to a new policy in your name that has coverages which most nearly approximate the coverages of your prior policy, including the same expiration date. The insurance company cannot date the new policy so that a gap in coverage occurs. 22. USE OF CLAIMS HISTORY TO NONRENEW. Your insurance company cannot use claims you filed as a basis to non -renew your policy unless: • you file three or more claims in any 3 -year period; and • your insurer notified you in writing after the second claim that filing a third claim could result in non- renewal of your policy. In determining the number of claims filed, your insurance company cannot include: • claims for damage from natural causes, including weather - related damage; • appliance - related water damage claims where the repairs have been inspected and certified; or • claims filed but not paid or payable under the policy. NOTE: An insurance company can count appliance - related claims if 3 or more such claims are filed and paid within a 3 -year period. 23. USE OF CREDIT INFORMATION TO NONRENEW. An insurance company cannot refuse to renew your policy solely on the basis of credit information. Insurers who use credit information must also consider other underwriting factors independent of credit information when deciding whether to renew coverage. (For additional information see the section of this Bill of Rights entitled What you should know about insurance companies' use of credit information .) 24. NOTICE OF CHANGE IN POLICY FORM. Your insurer must notify you in writing of any difference between your current policy and each policy offered to you when the policy renews. 25. NOTICE OF NONRENEWAL. If the insurance company does not mail you notice of nonrenewal at least 30 days before your policy expires, you have the right to require the insurance company to renew your policy. 26. EXPLANATION OF CANCELLATION OR NONRENEWAL. Upon request, you have the right to a written explanation of an insurance company's decision to cancel or non -renew your policy. The written statement must fully explain the decision, including the precise incidents, circumstances, or risk factors that disqualified you. It must also state the sources of information used. What you should know when you file a claim 27. FAIR TREATMENT. You have the right to be treated fairly and honestly when you make a claim. If you believe an insurance company has treated you unfairly, call the Department of Insurance at 1- 800 - 252 -3439 (463 -6515 in Austin) or download a complaint form from the TDI at http. / /www.tdi.state.tx. us. You can complete a complaint form on -line via the Internet or fax it to TDI at 512 -475-1771. 28. SETTLEMENT OFFER. You have the right to reject any settlement amount, including any unfair valuation, offered by the insurance company. You have the right to have your home repaired by the repair person of your choice. 29. EXPLANATION OF CLAIM DENIAL. Your insurance company must tell you in writing why your claim or part of your claim was denied. Page 5 PROP IIIIINIIIIIINIIIIIIIIYVIIIIYIIIINIIIII�IUVIIII�IUI l Allstate Fire and Casualty Insurance Company Policy Number: 816 319406 01/17 Your Agent: Steven Thomas (817) 820 -0015 For Premium Period Effective: Jan. 17, 2012 30. TIMEFRAMES FOR CLAIM PROCESSING AND PAYMENT. When you file a claim on your own policy, you have the right to have your claim processed and paid promptly. If the insurance company fails to meet required claims processing and payment deadlines, you have the right to collect 18% annual interest and attorney's fees in addition to your claim amount. Generally, within 15 calendar days, your insurance company must acknowledge receipt of your claim and request any additional information reasonably related to your claim. Within 15 business days (30 days if the company reasonably suspects arson) after receipt of all requested information, the company must approve or deny your claim in writing. The law allows the insurance company to extend this deadline up to 45 days if it notifies you that more time is needed and tells you why. After notifying you that your claim is approved, your insurance company must pay the claim within 5 business days. If your claim results from a weather - related catastrophe or other major natural disaster as defined by TDI, your insurance company may take 45 additional days to approve or deny your claim and 15 additional days to pay your claim. 31. RELEASE OF CLAIM FUNDS. Often an insurance company will make a claim check payable to you and your mortgage company or other lender and will send it to the lender. In that case, the lender must notify you within 10 days of receipt of the check and tell you what you must do to get the funds released to you. Once you request the funds from the lender, within 10 days the lender must: • release the money to you; or • tell you in specific detail what you must do to get the money released. If the lender does not provide the notices mentioned above or pay the money to you after all requirements have been met, the lender must pay you interest on the money at 10% per year from the time the payment or the notices were due. 32. NOTICE OF LIABILITY CLAIM SETTLEMENT. Your insurance company must notify you if it intends to pay a liability claim against your policy. The company must notify you in writing of an initial offer to compromise or settle a claim against you no later than the 10th day after the date the offer is made. The company must notify you in writing of any settlement of a claim against you no later than the 30th day after the date of the settlement. 33. INFORMATION NOT REQUIRED FOR CLAIM PROCESSING. You have the right to refuse to provide your insurance company with information that does not relate to your claim. In addition, you may refuse to provide your federal income tax records unless your insurer gets a court order or your claim involves lost income or a fire loss. What you should know about prohibited discrimination 34. PROTECTED CLASSES. An insurance company cannot discriminate against you by refusing to insure you; limiting the amount, extent or kind of coverage available to you; charging you a different rate for the same coverage; or refusing to renew your policy: • because of race, color, religion, gender, marital status, disability or partial disability, or national origin; or unless justified by actual or anticipated loss experience, because of age or geographic location. Page 6 Allstate Fire and Casualty Insurance Company Policy Number: 8 16 319406 01/17 Your Agent: Steven Thomas (817) 820 -0015 For Premium Period Effective: Jan. 17, 2012 35. AGE OF HOUSE. An insurance company cannot refuse to insure your property based on the age of your house. However, an insurance company may refuse to sell you insurance coverage based on the condition of your property, including the condition of your plumbing, heating, air conditioning, wiring and roof. 36. VALUE OF PROPERTY. An insurance company cannot refuse to insure your property because the value is too low or because the company has established minimum coverage amounts. 37. UNDERWRITING GUIDELINES. Underwriting guidelines may not be unfairly discriminatory and must be based on sound actuarial principles. 38. EQUAL TREATMENT. Unless based on sound actuarial principles, an insurance company may not treat you differently from other individuals of the same class and essentially the same hazard. If you sustain economic damages as a result of such unfair discrimination, you have the right to sue that insurance company in Travis County District Court. If your suit prevails, you may recover economic damages, court costs and attorney and necessary expert witness fees. If the court finds the insurance company knowingly violated your rights, it may award up to an additional $25,000 per claimant. You must bring the suit on or before the second anniversary of the date you were denied insurance or the unfair act occurred or the date you reasonably should have discovered the occurrence of the unfair act. If the court determines your suit was groundless and you brought the lawsuit in bad faith, or brought it for the purposes of harassment, you will be required to pay the insurance company's court costs and attorney fees. What you should know about insurance companies' use of credit information 39. REQUIRED DISCLOSURE. If an insurance company uses credit information to make underwriting or rating decisions, the company must provide you a disclosure statement within 10 days after receiving your completed application for insurance. The disclosure indicates whether the insurer will obtain and use your credit information and lists your specific legal rights, including: • credit information insurance companies cannot use against you; • how you can get reasonable exceptions that your insurer is required to make to its use of credit information if certain life events, such as divorce, death of a close family member, or identity theft, hurt your credit; • the notice" an insurer must send you when making a credit -based decision that harms your ability to get or keep insurance or requires you to pay a higher premium; and • how you can dispute credit information and require an insurer to re -rate your policy if the rate was increased because of inaccurate or unverifiable credit information. * The notice must include a description of up to four primary factors that influenced the action taken by the insurer. Generalized terms such as "poor credit rating" are not sufficient. Insurers must use the disclosure form (CD -1) adopted by the Commissioner or an equivalent disclosure form filed prior to use with TDI. The CD -1 is available at www.tdi.state.tx.us /company /pccrdtds.html or by calling 1- 800 - 252 -3439. Additional information regarding insurers' use of credit information is available at www. tdi. state. tx. us/com mish /credit. html. Page 7 PROP II III I IYI II I Illlllll IIRIII I IRIIIIIIIII II IIVIYVII I IVldll Allstate Fire and Casualty Insurance Company Policy Number: 8 16 319406 01/17 Your Agent: Steven Thomas (817) 820 -0015 For Premium Period Effective: Jan. 17, 2012 What you should know about enforcing your rights 40. FILING COMPLAINTS. You have the right to complain to TDI about any insurance company and /or insurance matter and to receive a prompt investigation and response to your complaint. To do so, you should: • call TDI's Consumer Help Line at 1- 800 - 252 -3439, in Austin 463 -6515 for service in both English and Spanish; • write to the Texas Department of Insurance, Consumer Protection (111 -1A), P.O. Box 149091, Austin, Texas 78714 -9091; • e -mail TDI at ConsumerProtection@tdi. state. tx. us; • fax your complaint to (512) 475 -1771; • download or complete a complaint form on line from the TDI website at http ✓ /www.tdi.state.tx.us,, or • call the TDI Publications /Complaint Form order line (24 hours) at 1- 800 - 599 -SHOP (7467), in Austin 305 -7211. NOTE: TDI offers interpreter services and publications in alternate formats. Persons needing more information in alternative layouts or languages can call the TDI Consumer Help Line listed above. 41. RIGHT TO SUE. If an insurance company violates your rights, you may be able to sue that company in court, including small claims court, with or without an attorney. 42. BURDEN OF PROOF. If you sue to recover under your insurance policy, the insurance company has the burden of proof as to any application of an exclusion in the policy and any exception to or other avoidance of coverage claimed by the insurer. 43. REQUESTING NEW RULES. You have the right to ask in writing that TDI make or change rules on any residential property insurance issue that concerns you. Send your written request to: Texas Department of Insurance, Attn: Commissioner (113 -2A), P.O. Box 149104, Austin, TX 78714-9104. X71501 Page 8 Allstate Fire and Casualty Insurance Company Policy Number: 816 319406 01/17 Your Agent: Steven Thomas (817) 820 -0015 For Premium Period Effective: Jan. 17, 2012 Important Notice Important Information About the Recoupment Charge on Your Policy Declarations In 2001 the Texas Legislature created the Rural Volunteer Fire Department Assistance Program to help finance volunteer fire departments across the state with equipment and training. In order to cover the costs for this program, Texas law permits the Texas Comptroller to assess charges on insurance companies, like Allstate, to fund the Volunteer Fire Department Assistance Fund. The law also allows an insurance company to then recover these assessments by charging their policyholders. As a result of this program, a nominal recoupment charge has been added to your premium and is listed on the enclosed Policy Declarations. Please note that this charge will also appear on your bill, which will be sent to you soon in a separate mailing. If you have questions about any of the information contained in this notice, please contact your Allstate representative. X71712 PROP 1[IIIIIIIIIIIINIIIIAIIIIIAlIIV119PIYIIIVIIIIVIIIIIII Allstate Fire and Casualty Insurance Company Policy Number: 8 16 319406 01/17 Your Agent: Steven Thomas (817) 820 -0015 For Premium Period Effective: Jan. 17, 2012 Important Notice Information about Flood Insurance Protection against flood damage Most homeowners, renters and commercial insurance policies do not provide coverage for damage caused by floods. In fact, protection against floods is generally available only through a separate policy. That's why Allstate is a participant in the National Flood Insurance Program and offers standard flood insurance policies *. A flood policy can help complete the insurance protection for your property and help protect your financial well- being. You may need it more than you think Approximately 90% of all disasters in the U.S. are flood related. While you may think that it couldn't happen to you, over 25% of all flood losses occur in low to moderate risk areas. And because flood damage is often accompanied by other damage, such as wind and hail (which is typically covered under a property policy), selecting Allstate gives you the convenience and peace of mind that comes with working with just one claim adjuster and one agent, instead of two or more. It's affordable The federal government sets the rates for flood insurance, so there's typically no difference in rates from policy to policy —you can generally switch to a flood insurance policy administered by Allstate for the same amount of premium. If you choose Allstate, you can have the service, convenience and comfort you've come to expect from us. For more information about flood insurance, or if you have any questions about your policy in general, please contact your Allstate representative or visit us at allstate.com. * Allstate provides the standard flood insurance policy under the terms of the National Flood Insurance Act of 1968 and its amendments, and Title 44 of the Code of Federal Regulations. The standard flood insurance policy is written by Allstate for the National Flood Insurance Program which is administered by the Federal Insurance Administration, part of the Federal Emergency Management Agency. Subject to availability and qualifications. Other terms, conditions and exclusions may apply. Page 1 Allstate Fire and Casualty Insurance Company Policy Number: 8 16 319406 01/17 Your Agent: Steven Thomas (817) 820 -0015 For Premium Period Effective: Jan. 17, 2012 Information about Scheduled Personal Property Coverage Protection for your valuables Allstate offers Scheduled Personal Property (SPP) coverage to help protect your valuables. These items can include jewelry (such as engagement and wedding rings), fine art and musical instruments Sports equipment, such as golf clubs, can also be covered by SPP. In addition, SPP can cover valuables stored outside of your home in a safe deposit box or bank Already have SPP? Even if you currently have SPP coverage, it's a good idea to review your coverage annually. It's possible that the value of your property has changed or that you have purchased new items that have not been added to your coverage. Affordable coverage The cost of SPP coverage varies, but the value of your property is the best way to determine how much coverage you need —the rates are generally a small percentage of the total value of the items you're insuring. This could mean that your valuables are being protected for only a fraction of the cost. To learn more about SPP coverage, or if you have any questions about your insurance policy in general, contact your Allstate representative, or visit us at allstate.com. Subject to availability and qualifications. other terms, conditions and exclusions may apply X673720 Page 2 ifuliioiiiuiiiinmuiuninnu�iiiimuimimiii Allstate Fire and Casualty Insurance Company Policy Number: 81631940601/17 Your Agent: Steven Thomas (817) 820 -0015 For Premium Period Effective: Jan. 17, 2012 Important Notice Important Information about Your Credit -Based Insurance Score Please take a moment to read the notice in this mailing that contains important information about our use of credit and your rights under the Fair Credit Reporting Act. In that notice, we explain why we order credit reports. We also explain how important it is for you to check the accuracy of your credit information. We want you to be aware that certain factor(s) in your credit report(s) adversely affected your credit -based insurance score, and impacted our decision described on the Fair Credit Reporting Act notice following this insert. The most significant factor(s) are: The presence of a collection within the past five years: When we refer to a "collection," this could include collections that were previously paid off or collections on closed accounts. We exclude medical collections that are identified as such. Those with the most favorable insurance scores will typically have no collections on their credit report. Avoiding future collections may lead to a more favorable insurance score. The average number of months that accounts are listed on the credit report: Generally, the longer your average age of accounts, the more favorable your insurance score will be. Those with the most favorable insurance scores often have an average age of accounts of 14 years or longer. The number of revolving accounts opened in the last two years: A revolving account is one in which you have the option to pay the balance off each month, or carry part of the balance over to the next month. Generally, if you have not opened a revolving account in the past two years, you may receive a more favorable insurance score. Please note that we do not consider car loans and /or mortgage - related accounts when determining the number of recently opened accounts. Allstate Fire and Casualty Insurance Company Policy Number: 8 16 319406 01/17 Your Agent: Steven Thomas (817) 820 -0015 For Premium Period Effective: Jan. 17, 2012 You may request a copy of your Trans Union Personal Credit Report by writing to: Trans Union National Disclosure Center 2 Baldwin Place P.O. Box 1000 Chester, PA 19022 1 (888) 503 -0048 www.transunion.com X67492-1 PROP IIIIiIIIIIIIRIIIIIIIIIIIIIi�llll 'I�INfIIIIYIIiIIiIYI� Allstate Fire and Casualty Insurance Company Policy Number: 816 319406 01/17 Your Agent: Steven Thomas (817) 820 -0015 For Premium Period Effective: Jan. 17, 2012 Important Notice IMPORTANT INFORMATION ABOUT YOUR PREMIUM We Have Good News Regarding Your Insurance Premium Thank you for choosing Allstate Fire and Casualty Insurance Company. We're pleased to let you know that your credit information has earned you a rate that is lower than it otherwise would have been. Please read below for more information about your rates, and our use of your credit history in the pricing of coverage. How We Determine Insurance Rates We understand that our rating process may be unfamiliar to some of our customers, so we want to provide you with a little more information about this process. We determine rates based on the likelihood of experiencing an insurance loss. We believe that customers who are less likely to incur losses should be rewarded with lower premiums. This is why we don't charge every customer the same rate. Instead, we look at various characteristics that have proven to be effective predictors of losses — including credit history—to help us determine the premium for each policy. Why We Use Credit Information We've found a person's credit history to be an effective indicator in predicting the likelihood of an insurance loss. Please keep in mind that we use credit history in addition to, not instead of, our other characteristics. By considering credit history, we can match likelihood of loss to premium even more precisely, and we think that's good. It allows us to keep insurance costs as competitive as possible for the greatest number of policyholders. You can also learn more about our use of credit information by visiting allstate.com. How Our Credit Review Impacted You As we've stated, reviewing credit information allows us to offer customers rates that are more closely aligned with their likelihood of insurance loss. With this goal in mind, and as permitted by law, we ordered credit report information about you and your spouse. Based in whole or in part on the information provided to us by TransUnion, we are unable to offer you a lower rate: based on the credit information available to us. Understanding Your Rights under the Fair Credit Reporting Act It's very important to us that we use accurate information to establish your premium. So we urge you to understand and exercise your rights under the Fair Credit Reporting Act. Under Section 612 of the Fair Credit Reporting Act, you have the right to obtain a free copy of your credit report(s) from TransUnion if you request it within 60 days of receiving this notice (even if the report did not contain any information regarding credit status). You also have the right, under Section 611 of the Fair Credit Reporting Act, to dispute with TransUnion the accuracy or completeness of any information in any report furnished by the agency. Allstate Fire and Casualty Insurance Company Policy Number: 816 319406 01/17 Your Agent: Steven Thomas (817) 820 -0015 For Premium Period Effective: Jan. 17, 2012 We recommend that you obtain and review your report(s) for accuracy. If you find an error, we encourage you to contact TransUnion and request a correction. Once you have done this, please contact us, and we will be happy to re- evaluate your premium based on the corrected information. We want you to be aware that TransUnion did not make the decision to take this action and will not be able to provide you with the specific reason(s) why we made this decision. We would be happy to provide this information at your request. Also, please keep in mind that any changes to your name and address within the past two years may affect the completeness of your credit report information. If your information has changed, please let your insurance representative know. Other Important Contact Information To request your free credit report, please contact TransUnion within 60 days of receiving this notice at: TransUnion National Disclosure Center, 2 Baldwin Place, PO Box 1000, Chester, PA 19022, Phone: (888) 503 -0048. Or log on to www.transunion.com. Have Questions? Please Contact Your Insurance Representative We hope you will take advantage of these rights and help us give you the lowest premium we can provide. If you have any questions about the information contained in this notice, or about your insurance in general, please contact your insurance representative. X67392 -1 v4 (ed.10 /10) In states which have laws that provide couples entering into civil unions, domestic partnerships, or similar relationships the benefits, protections and responsibilities under law as are granted to spouses in a marriage in this state, the term "spouse" in this notice includes civil partners, domestic partners or any similar relationship recognized by the laws of this state. IPROPIIIMIIIIIIIGIIIIIRIII IIIAIII'INIIfIY91YIIIIINIYI� Allstate Fire and Casualty Insurance Company Policy Number: 81631940601/17 Your Agent: Steven Thomas (817) 820 -0015 For Premium Period Effective: Jan. 17, 2012 Important Notice The company listed below uses local agencies to assist customers with their insurance decision - making process by providing customers with information and high quality service. These agencies provide numerous services to customers on the company's behalf. Agencies are paid a commission by the company for selling and servicing the company's insurance policies and may be eligible to receive additional compensation and rewards based on performance. Allstate Fire and Casualty Insurance Company X72006 Allstate Homeowners Policy Policy: 8 16 319406 01/17 Issued to: Jeffery and Ashley Guarnieri 2201 W Magnolia Fort Worth TX 76110 -1124 Effective: January 17, 2012 By your Allstate agent: Steven Thomas 1509 S Univ Dr 218 Fort Worth TX 76107 Allstate Fire and Casualty Insurance Company The Company Named in the Policy Declarations A Stock Company —Home Office: Northbrook, Illinois 60062 TEXAS iiiiAiiiuiiii�iiim��iiii�nmm�mim�iinmru " °' ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY TABLE OF CONTENTS Agreements We Make With You ................ GENERAL Definitions Used in This Policy .........................2 Insuring Agreement ........... ..............................4 Emergency Removal of Property .....................12 Conformity to State Statutes ............................4 Fire Department Charges ... .............................12 Coverage Changes ............ ..............................4 Temporary Repairs After a Loss ......................12 Policy Transfer ................... ..............................4 Trees, Shrubs, Plants and Lawns ....................12 Continued Coverage After Your Death ..............5 Temperature Change .......... .............................13 Dividend Provision ............. ..............................5 Power Interruption .............. .............................13 Cancellation....................... ..............................5 Building Codes ................... .............................13 Refusal to Renew ............... ..............................5 ArsonReward ..................... .............................13 Charge for Insufficient Funds ...........................6 Collapse.............................. .............................14 Misrepresentation, Fraud or Concealment ....... 6 What Law Will Apply .......... ..............................6 Foundation Water Damage . .............................14 Where Lawsuits May Be Brought .....................6 Civil Authority ..................... .............................15 Action Against Us ............... ..............................6 Loss to A Pair or Set ......... ............................... Arbitration.......................... ..............................7 Glass Replacement ............. .............................21 Residential Community Property Clause ..........7 No Benefit to Bailee .......... ............................... SECTION I —YOUR PROPERTY Coverage A Dwelling Protection Property We Cover Under Coverage A ..............7 Property We Do Not Cover Under CoverageA ..................... ..............................7 Coverage B Other Structures Protection Property We Cover Under Coverage B........... Property We Do Not Cover Under CoverageB ................. ............................... Coverage C Personal Property Protection Property We Cover Under Coverage C ..............8 Limitations On Certain Personal Property ........8 Property We Do Not Cover Under Coverage C..9 Losses We Cover Under Coverage A, Coverage B and Coverage C ...........................9 Additional Protection Additional Living Expense ... .............................11 Credit Card, Debit Card or Automated Teller Machine Card, Bank Fund Transfer Card, Check Forgery and Counterfeit Money ........11 Debris Removal .................. .............................12 Emergency Removal of Property .....................12 Fire Department Charges ... .............................12 Temporary Repairs After a Loss ......................12 Trees, Shrubs, Plants and Lawns ....................12 Temperature Change .......... .............................13 Power Interruption .............. .............................13 20 Building Codes ................... .............................13 20 ArsonReward ..................... .............................13 Collapse.............................. .............................14 Lock Replacement .............. .............................14 Foundation Water Damage . .............................14 Civil Authority ..................... .............................15 Losses We Do Not Cover Under Coverage A, Coverage B and Coverage C ...........................15 Section I — Conditions Deductible.......................... .............................16 Insurable Interest and Our Liability ..................16 What You Must Do After A Loss .......................17 Our Duties After Loss .......... .............................17 Our Settlement Options ...... .............................18 How We Pay For A Loss ...... .............................18 Our Settlement of Loss ..... ............................... 20 Appraisal.......................... ............................... 20 Abandoned Property ........... .............................20 Permission Granted to You . .............................20 Our Rights To Recover Payment ......................20 Our Rights To Obtain Salvage ..........................20 Action Against Us ............... .............................21 Loss to A Pair or Set ......... ............................... 21 Glass Replacement ............. .............................21 No Benefit to Bailee .......... ............................... 21 Other Insurance .................. .............................21 Property Insurance Adjustment .......................21 Mortgagee........................ ............................... 22 Catastrophe Claims .......... ............................... 22 Mold, Fungus, Wet Rot and Dry Rot Remediation as a Direct Result of a Covered Water Loss ........ .............................22 SECTION II — FAMILY LIABILITY AND GUEST MEDICAL PROTECTION Coverage X Family Liability Protection Losses We Cover Under Coverage X ................ 22 Page 1 ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY Coverage Y Guest Medical Protection Losses We Cover Under Coverage Y ................23 Additional Protection Claim Expense .................... .............................23 Emergency First Aid ............ .............................23 Damage to Property of Others ..........................23 Losses We Do Not Cover Under Coverage X andCoverage Y .................. .............................24 Section II — Conditions What You Must Do After an Accidental Loss .... 26 What an Injured Person Must Do — Coverage Y —Guest Medical Protection .......26 Our Payment of Loss — Coverage Y— Guest Medical Protection .......... .............................26 Our Limits of Liability .......... .............................26 Bankruptcy......................... .............................27 Our Rights to Recover Payment — Coverage X — Family Liability Protection ............................26 Action Against Us ................ .............................27 Other Insurance — Coverage X— Family Liability Protection ............................27 Notice of Settlement of Liability Claims ...........27 SECTION III — OPTIONAL PROTECTION Optional Coverages You May Buy Coverage BP — Increased Coverage on Business Property.......................... .............................27 Coverage DP— Increased Coverage on Electronic Data Processing Equipment ........ 27 Coverage F —Fire Department Charges ...........28 Coverage G —Loss Assessments .....................28 Coverage JT — Increased Coverage on Theft of Jewelry, Watches and Furs .......................... 28 Coverage K— Incidental Office, Private School OrStudio ......................... .............................28 Coverage M — Increased Coverage on Money............................. .............................29 Coverage P— Business Pursuits ....................... 29 Coverage S — Increased Coverage on Securities........................ .............................29 Coverage SO — Satellite Dish Antennas ............ 29 Coverage ST— Increased Coverage on Theft of Silverware ....................... .............................29 Agreements We Make With You We make the following agreements with you: GENERAL Definitions Used in This Policy Throughout this policy, when the following words appear in bold type, they are defined as follows: 1. Bodily injury —means physical harm to the body, including sickness or disease, and resulting death, except that bodily injury does not include diseases transmitted through sexual contact, including: a) any venereal disease; b) Herpes; c) Acquired Immune Deficiency Syndrome (AIDS); d) AIDS Related Complex (ARC); e) Human Immunodeficiency Virus (HIV); or any resulting symptom, effect, condition, disease or illness related to a) through e) listed above. In addition, bodily injury does not include any symptom, effect, condition, disease or illness resulting in any manner from: a) lead in any form; b) asbestos in any form; c) radon in any form; or d) oil, fuel oil, kerosene, liquid propane or gasoline intended for, or from, a storage tank located at the residence premises; unless such symptom, effect, condition, disease or illness results from: a) heat, smoke or fumes from a fire which becomes uncontrollable or escapes from its intended location; or b) the sudden and accidental discharge, dispersal, release or escape of carbon monoxide from a heating system, an appliance for heating water, or a household appliance located at the residence premises. 2. Building structure —means a structure with walls and a roof. PROP IIIIII42IIIIIYIIIIIVIIIIIVIYIIIIIYIYIIII91111911111111 ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY Business —means: a) any full -or part -time activity of any kind engaged in for economic gain including the use of any part of any premises for such purposes. The providing of home day care services to other than an insured person or relative of an insured person for economic gain is also a business. However, the mutual exchange of home day care services is not considered a business; b) the rental or holding for rental of property by an insured person. Rental of your residence premises is not considered a business when: 1) it is rented occasionally for residential purposes; 2) a portion is rented to roomers or boarders, provided not more than two roomers or boarders reside on the residence premises at any one time; or 3) a portion is rented as a private garage. 4. Business day —means a day other than a Saturday, Sunday or holiday recognized by the state of Texas. 5. Dwelling —means the single family building structure identified as the insured property on the Policy Declarations, where you reside and which is principally used as a private residence. 6. Insured person(s) —means you and, if a resident of your household: a) any relative; and b) any person under the age of 21 in your care. Under Coverage X — Family Liability Protection and Coverage Y —Guest Medical Protection, insured person also means: a) any person or organization legally responsible for loss caused by animals or watercraft covered by this policy which are owned by an insured person. We do not cover any person or organization using or having custody of animals or watercraft in any business, or without permission of the owner; b) with respect to the use of any vehicle covered by this policy, any person while engaged in the employment of an insured person. Insured premises — means: a) the residence premises; and b) under Section II only: 1) the part of any other premises, other structures and grounds used by you as a residence. This includes premises, structures and grounds you acquire for your use as a private residence while this policy is in effect; 2) any part of a premises not owned by an insured person but where an insured person is temporarily living; 3) cemetery plots or burial vaults owned by an insured person; 4) land owned by or rented to an insured person where a single family dwelling is being built as that person's residence; 5) any premises used by an insured person in connection with the residence premises; 6) any part of a premises occasionally rented to an insured person for other than business purposes. 8. Occurrence —means an accident, including continuous or repeated exposure to substantially the same general harmful conditions during the policy period, resulting in bodily injury or property damage. 9. Property damage — means physical injury to or destruction of tangible property, including loss of its use resulting from such physical injury or destruction. 10. Remediation —means the reasonable and necessary treatment, removal or disposal of mold, fungus, wet rot or dry rot as required to Page 3 ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY complete repair or replacement of property we cover under Coverage A— Dwelling Protection, Coverage B —Other Structures Protection or Coverage C — Personal Property Protection damaged by a covered water loss, including payment for any reasonable increase in living expenses necessary to maintain your normal standard of living if mold, fungus, wet rot or dry rot makes your residence premises uninhabitable. Remediation also includes any investigation or testing to detect, measure or evaluate mold, fungus, wet rot or dry rot. 11. Residence employee —means an employee of an insured person while performing duties arising out of and in the course of employment in connection with the maintenance or use of your residence premises. This includes similar duties performed elsewhere for an insured person, not in connection with the business of an insured person. 12. Residence premises —means the dwelling, other structures and land located at the address stated on the Policy Declarations. 13. We, us, or our —means the company named on the Policy Declarations. 14. You or your —means the person listed under Named Insured(s) on the Policy Declarations as the insured and that person's resident spouse. Insuring Agreement In reliance on the information you have given us, we agree to provide the coverages indicated on the Policy Declarations. In return, you must pay the premium when due and comply with the policy terms and conditions, and inform us of any change in title, use or occupancy of the residence premises. Subject to the terms of this policy, the Policy Declarations shows the location of the residence premises, applicable coverages, limits of liability and premiums. The policy applies only to losses or occurrences that take place during the policy period. The Policy Period is shown on the Policy Declarations. This policy is not complete without the Policy Declarations. This policy imposes joint obligations on the Named Insured(s) listed on the Policy Declarations as the insured and on that person's resident spouse. These persons are defined as you or your. This means that the responsibilities, acts and omissions of a person defined as you or your will be binding upon any other person defined as you or your, except as provided under Losses We Do Not Cover Under Coverage A, Coverage B and Coverage C, A.7.. This policy imposes joint obligations on persons defined as an insured person. This means that the responsibilities, acts and failures to act of a person defined as an insured person will be binding upon another person defined as an insured person. Conformity To State Statutes When the policy provisions conflict with the statutes of the state in which the residence premises is located, the provisions are amended to conform to such statutes. Coverage Changes When we broaden coverage during the premium period without charge, you have the new features if you have the coverage to which they apply. Otherwise, the policy can be changed only by endorsement. The coverage provided and the premium for the policy is based on information you have given us. You agree to cooperate with us in determining if this information is correct and complete. You agree that if this information changes, is incorrect or incomplete, we may adjust your coverage and premium accordingly during the premium period. Any calculation of your premium or changes in your coverage will be made using the rules, rates and forms on file, if required, for our use in your state. The rates in effect at the beginning of your current premium period will be used to calculate any change in your premium. Policy Transfer You may not transfer this policy to another person without our written consent. PROP IIIIIINIIIIIIYIIIIINIIIII�IYIIIIYIYIIIIIUVIIIIIIYII Page 4 ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY Continued Coverage After Your Death If you die, coverage will continue until the end of the premium period for: 1. your legal representative while acting as such, but only with respect to the residence premises and property covered under this policy on the date of your death. 2. an insured person, and any person having proper temporary custody of your property until a legal representative is appointed and qualified. Dividend Provision To the extent and upon the conditions fixed and determined from time to time by our Board of Directors in accordance with the provisions of the Texas Insurance Code of 1951, as amended, you shall be entitled to participate in a distribution of our surplus. Cancellation 1. You may cancel this policy at any time by notifying us of the date cancellation is to take effect. We will send you any refund due when the policy is returned to us. 2. If this policy has been in effect for less than 60 days and is not a renewal we may cancel this policy if: a) we identify a condition that: 1) creates an increased risk of hazard; 2) was not disclosed in the application for insurance coverage; and 3) is not the subject of a prior claim; or b) before the effective date of the policy, we have not accepted a copy of a required inspection report that: 1) was completed by an inspector licensed by the Texas Real Estate Commission or who is otherwise authorized to perform inspections; and 2) is dated not earlier than the 90`h day before the effective date of the policy. An inspection report is deemed accepted, unless we reject it before the 11th day before the effective date of the policy. 3. We may cancel this policy at any time for the following reasons: a) you do not pay the premium or any portion of the premium when due. b) the Department of Insurance determines that continuation of the policy would violate the Texas Insurance Code or any other laws governing the business of insurance in this state. c) you submit a fraudulent claim. d) there is an increase in the hazard covered by this policy that is within your control and that would produce an increase in the premium /rate of this policy. 4. The effective date of cancellation cannot be before the 10`h day after we mail the notice if we cancel for any of the reasons in c. or the 30`h day after we mail the notice if we cancel for any other reason. Our notice of cancellation must state the reason for cancellation. 5. If we cancel, our notice to you will state that if the refund is not included with the notice, it will be returned on demand. 6. We may not cancel this policy solely because you are an elected official. Refusal to Renew 1. We may not refuse to renew this policy because of claims for losses resulting from natural causes. 2. We may not refuse to renew this policy solely because you are an elected official. 3. We may refuse to renew this policy if you have filed three or more claims under the policy in any three year period that do not result from natural causes. If you have filed two claims in a period of less than three years, we may notify you in writing, that if you file a third claim during the three year period, we may refuse to renew this policy by providing you proper notice of our refusal to renew as provided in 4) below. If we do not notify you after the second claim, we Page 5 ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY may not refuse to renew this policy because of losses. A claim does not include a claim that is filed but is not paid or payable under the policy. 4. If we refuse to renew this policy, we must deliver to you, or mail to you at your mailing address shown on the Policy Declarations and any mortgagee named on the Policy Declarations, written notice of our refusal to renew not later than the 30`h day before the date on which this policy expires. Proof of mailing will be sufficient proof of notice. If we fail to give you proper notice of our decision not to renew, you may require us to renew the policy. Charge for Insufficient Funds If at any time, your payment of any premium amount due is made by check, electronic transaction or other remittance which is not honored because of insufficient funds or closed account, you will be charged a fee. Misrepresentation, Fraud or Concealment We may void this policy if it was obtained by misrepresentation, fraud or concealment of material facts. If we determine that this policy is void, all premiums paid will be returned to you since there has been no coverage under this policy. We do not cover any loss or occurrence in which any insured person has concealed or misrepresented any material fact or circumstance. What Law Will Apply This policy is issued in accordance with the laws of Texas and covers property or risks principally located in Texas. Subject to the following paragraph, the laws of Texas shall govern any and all claims or disputes in any way related to this policy. If a covered loss to property, or any other occurrence for which coverage applies under this policy happens outside Texas, claims or disputes regarding that covered loss to property, or any other covered occurrence may be governed by the laws of the jurisdiction in which that covered loss to property, or other covered occurrence happened, only if the laws of that jurisdiction would apply in the absence of a contractual choice of law provision such as this. Where Lawsuits May Be Brought Subject to the following two paragraphs, any and all lawsuits in any way related to this policy, shall be brought, heard and decided only in a state or federal court located in Texas. Any and all lawsuits against persons not parties to this policy but involved in the sale, administration, performance, or alleged breach of this policy, or otherwise related to this policy, shall be brought, heard and decided only in a state or federal court located in Texas, provided that such persons are subject to or consent to suit in the courts specified in this paragraph. If a covered loss to property, or any other occurrence for which coverage applies under this policy happens outside Texas, lawsuits regarding that covered loss to property, or any other covered occurrence may also be brought in the judicial district where that covered loss to property, or any other covered occurrence happened. Nothing in this provision, Where Lawsuits May Be Brought, shall impair any party's right to remove a state court lawsuit to a federal court. Action Against Us No one may bring an action against us unless there has been full compliance with all policy terms. Any action against us to which neither the Action Against Us provision located in Section I Conditions nor the Action Against Us provision located in Section II Conditions applies must be commenced within two years and one day of the date the cause of action accrues. If an action is brought asserting claims relating to the existence or amount of coverage, or the amount of loss for which coverage is sought, under different coverages of this policy, the claims relating to each coverage shall be treated as if they were separate actions for the purpose of the time limit to commence action. PROP 111111 1111111VIIIIIIIAIIIRIIII11111111111YVIIIIIIIVI� Page ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY Arbitration Any claim or dispute in any way related to this policy, by an insured person against us or us against an insured person, may be resolved by arbitration only upon mutual consent of the parties. Arbitration pursuant to this provision shall be subject to the following: 1. no arbitrator shall have the authority to award punitive damages or attorney's fees; 2. neither of the parties shall be entitled to arbitrate any claims or disputes in a representative capacity or as a member of a class; and 3. no arbitrator shall have the authority, without the mutual consent of the parties, to consolidate claims or disputes in arbitration. Residential Community Property Clause This policy, subject to all other terms and conditions, when covering residential community property, as defined by state law, shall remain in full force and effect as to the interest of each spouse covered, irrespective of divorce or change of ownership between the spouses unless excluded by endorsement attached to this policy, until the expiration of the policy or until cancelled in accordance with the terms and conditions of this policy. SECTION I - YOUR PROPERTY Coverage A Dwelling Protection Property We Cover Under Coverage A: 1. Your dwelling including attached structures. Structures connected to your dwelling by only a fence, utility line, or similar connection are not considered attached structures. 2. Construction materials and supplies at the residence premises for use in connection with your dwelling. 3. Wall -to -wall carpeting fastened to your dwelling. Property We Do Not Cover Under Coverage A: 1. Any structure including fences or other property covered under Coverage B —Other Structures Protection. 2. Land. 3. Satellite dish antennas and their systems, whether or not attached to your dwelling. 4. Construction materials and supplies at the residence premises for use in connection with structures other than your dwelling. Coverage B Other Structures Protection Property We Cover Under Coverage B: 1. Structures at the address shown on the Policy Declarations separated from your dwelling by clear space. 2. Structures connected to your dwelling by only a fence, utility line, or similar connection. 3. Construction materials and supplies at the address of the residence premises for use in connection with structures other than your dwelling. 4. Wall -to -wall carpeting fastened to building structures on the residence premises other than your dwelling. Property We Do Not Cover Under Coverage B. 1. Structures used in whole or in part for business purposes. 2. Any structure or other property covered under Coverage A—Dwelling Protection. 3. Land. 4. Construction materials and supplies at the address of the residence premises for use in connection with the dwelling. Page 7 ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY 5. Satellite dish antennas and their systems, whether or not attached to building structures. COVERAGE C Personal Property Protection Property We Cover Under Coverage C: 1. Personal property owned or used by an insured person anywhere in the world. When personal property is located away from the residence premises, coverage is limited to 10% of Coverage C — Personal Property Protection. 2. At your option, personal property owned by a guest or residence employee while the property is in a residence you are occupying. Limitations On Certain Personal Property: Limitations apply to the following groups of personal property. If personal property can reasonably be considered a part of two or more of the groups listed below, the lowest limit will apply. These limitations do not increase the amount of insurance under Coverage C — Personal Property Protection. The total amount of coverage for each group in any one loss is as follows: 1. $50— Money, bullion, bank notes, coins and other numismatic property, scrip, stored value cards and smart cards. 2. $200— Property used or intended for use in a business while the property is away from the residence premises. This does not include electronic data processing equipment or the recording or storage media used with that equipment. 3. $250— Theft of any recording or storage media while such property is away from the residence premises, whether or not it is used with electronic data processing equipment or in a business. Recording or storage media includes, but is not limited to: a) tapes; b) CDs, DVDs and other discs; c) records; d) disks; e) reels; f) cassettes; g) cartridges; or h) programs. 4. $500 — Theft of tools and their accessories. 5. $1,000 —Theft of jewelry, watches, precious and semi - precious stones, gold other than goldware, silver other than silverware, pewter other than pewterware, platinum other than platinumware and furs, including any item containing fur which represents its principal value. 6. $1,000 — Property used or intended for use in a business, including property held as samples or for sale or delivery after sale, while the property is on the residence premises. This does not include electronic data processing equipment or the recording or storage media used with that equipment. 7. $1,000 — Trading cards, subject to a maximum amount of $250 per card. 8. $1,000— Accounts, bills, deeds, evidences of debt, letters of credit, notes other than bank notes, checks, cashier's checks, traveler's checks, passports, securities, tickets, and stamps, including philatelic property. 9. $1,000— Manuscripts, including documents stored on electronic media. 10. $1, 000 — Watercraft, including their attached or unattached trailers, furnishings, equipment, parts, and motors. 11. $1,000 — Trailers not used with watercraft. 12. $1,000 —Any motorized land vehicle parts, equipment or accessories not Page 8 PROP IIIIIIYIIII' lllllllfllllllAllllllllllllllll lllllllfill ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY attached to or located in or upon any motorized land vehicle. 13. $1,500 — Electronic data processing equipment and the recording or storage media used with that equipment whether or not the equipment is used in a business. Recording or storage media will be covered only up to: a) the retail value of the media, if pre - programmed; or b) the retail value of the media in blank or unexposed form, if blank or self - programmed. 14. $2,000 —Theft of firearms, their related equipment, and accessories. 15. $2,500 — Motorized land vehicles used solely for the service of the insured premises and not licensed for use on public roads. This does not include motorized land vehicles designed for assisting the disabled. 16. $2,500 —Theft of goldware, silverware, pewterware and platinumware. Property We Do Not Cover Under Coverage C. 1. Personal property specifically described and insured by this or any other insurance. 2. Animals. 3. Motorized land vehicles, including, but not limited to, any land vehicle powered or assisted by a motor or engine. We do not cover any motorized land vehicle parts, equipment or accessories attached to or located in or upon any motorized land vehicle. We do cover motorized land vehicles designed for assisting the disabled or used solely for the service of the insured premises and not licensed for use on public roads, subject to Limitations On Certain Personal Property, item 15. 4. Aircraft and aircraft parts. This does not include model or hobby craft not designed to carry people or cargo. 5. Property of roomers, boarders, or tenants not related to you. 6. Property located away from the residence premises and rented or held for rental to others. 7. Satellite dish antennas and their systems. Losses We Cover Under Coverage A, Coverage B and Coverage C. We will cover sudden and accidental direct physical loss to the property described in Coverage A— Dwelling Protection, Coverage B —Other Structures Protection and Coverage C — Personal Property Protection, except as limited or excluded in this policy, caused by: 1. Fire or Lightning. 2. Windstorm, Hurricane or Hail. We do not cover: a) loss to covered property inside a building structure, caused by rain, snow, sleet, sand or dust unless the wind or hail first damages the roof or walls and the wind forces rain, snow, sleet, sand or dust through the damaged roof or wall; b) loss to watercraft and their trailers, furnishings, equipment and motors unless inside a fully enclosed building structure. However, we do cover canoes and rowboats on the residence premises. 3. Explosion. 4. Riot or Civil Commotion, including pillage and looting during, and at the site of, the riot or civil commotion. 5. Aircraft, including self - propelled missiles and spacecraft. 6. Vehicles. Page 9 ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY 7. Smoke. We do not cover loss caused by smoke from the manufacturing of controlled substances, agricultural smudging or industrial operations. 8. Vandalism and Malicious Mischief. We do not cover vandalism or malicious mischief if your dwelling has been vacant or unoccupied for more than 30 consecutive days immediately prior to the vandalism or malicious mischief. A dwelling under construction is not considered vacant or unoccupied. 9. Falling objects. We do not cover loss to personal property inside a building structure unless the falling object first damages the exterior walls or roof of the building structure. 10. Weight of ice, snow or sleet which causes damage to personal property in a building structure, but only if the building structure is damaged due to the weight of ice, snow or sleet. 11. Increase or decrease of artificially generated electrical current to electronics, electrical appliances, fixtures and wiring. 12. Bulging, burning, cracking or rupture of a steam or hot water heating system, an air conditioning system, an automatic fire protection system or an appliance for heating water. 13. Water or steam that escapes from a plumbing, heating or air conditioning system, an automatic fire protection system, or from a household appliance due to accidental discharge or overflow. However, we do not cover loss, including ensuing loss or the cost of tearing out and replacing any part of your dwelling, caused by the discharge or overflow of water or steam from within a plumbing, heating or air conditioning system, household appliance or fire protective sprinkler system where the source of the discharge or overflow is either below the surface of the ground or within or below the slab or foundation of the dwelling except as specifically provided in Section I, Additional Protection, under item 14, "Foundation Water Damage ". We do not cover loss to the system or appliance from which the water or steam escapes, or loss from water which backs up through sewers or drains or overflows from a sump pump, sump pump well or other system designed for the removal of subsurface water which is drained from the foundation area of a structure. 14. Freezing of a plumbing, heating or air conditioning system or a household appliance. We do not cover loss at the residence premises under perils 12), 13), and 14) caused by or resulting from freezing while the building structure is vacant, unoccupied or under construction unless you have used reasonable care to: a) maintain heat in the building structure; or b) shut off the water supply and drain the water from the systems and appliances. 15. Theft, or attempted theft, including disappearance of property from a known place when it is likely that a theft has occurred. Any theft must be promptly reported to the police. We do not cover: a) theft or attempted theft committed by an insured person; b) theft in or from the residence premises while under construction or of materials and supplies for use in construction, until the dwelling is completed and occupied; c) theft of any property while at any other residence owned, rented to or occupied by an insured person unless the insured person is temporarily residing there; d) theft of trailers, campers, watercraft, including furnishings, equipment and outboard motors, away from the residence premises; ROIIINIIIIIIInIIIIIIIIIII�IIIIIII�I111111Nlllllnllll Page 0 ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY e) theft from that part of the residence premises rented by you to other than an insured person. 16. Breakage of glass, meaning damage to covered personal property caused by breakage of glass constituting a part of any building structure on the residence premises. This does not include damage to the glass. Additional Protection 1. Additional Living Expense We will pay the reasonable increase in living expenses necessary to maintain your normal standard of living when a direct physical loss we cover under Coverage A— Dwelling Protection, Coverage B —Other Structures Protection or Coverage C — Personal Property Protection makes your residence premises uninhabitable. However, additional living expense due to remediation of mold, fungus, wet rot or dry rot will not be paid in addition to any amounts paid or payable under Section I, Conditions —Mold, Fungus, Wet Rot and Dry Rot Remediation as a Direct Result of a Covered Water Loss. Payment for additional living expense as a result of a covered loss under Coverage A— Dwelling Protection, Coverage B —Other Structures Protection or Coverage C — Personal Property Protection will be limited to the least of the following: a) the time period required to repair or replace the property we cover, using due diligence and dispatch; b) if you permanently relocate, the shortest time for your household to settle elsewhere; or c) 12 months. In no event shall our payment for additional living expenses exceed an amount equal to 10% of the Limit Of Liability shown on the Policy Declarations under Coverage A— Dwelling Protection. The periods of time referenced above are not limited by the termination of this policy. No deductible applies to this protection. 2. Credit Card, Debit Card or Automated Teller Machine Card, Bank Fund Transfer Card, Check Forgery and Counterfeit Money We will pay for loss: a) that an insured person is legally required to pay for the unauthorized use of any 1) credit card; 2) debit or automated teller machine card; 3) bank fund transfer card; 4) code; 5) account number; 6) personal identification number; or 7) other means of account access that can be used, alone or in conjunction with items 1) through 7) above, to obtain money, goods, services, or any other thing of value, or that can be used to initiate a transfer of funds. b) caused by forgery or alteration of a check or negotiable instrument made or drawn upon an insured person's account; c) to an insured person through acceptance in good faith of counterfeit United States or Canadian paper currency. Our maximum limit of liability for any one loss is $1,000, regardless of the number of persons involved. All loss due to forgery or unauthorized use by or involving any one person is considered one loss. We do not cover: a) loss arising from any business of an insured person; b) loss caused by or at the direction of an insured person or any other person who has been entrusted with any credit card, debit or automated teller machine card, or bank fund transfer card; c) loss arising out of dishonesty of an insured person. When loss is discovered, the insured person must give us immediate notice. If the loss involves a credit card, debit or automated teller machine card, or bank fund transfer card, the insured person must also give Page 11 ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY immediate notice to the company or bank that issued the card. Failure to comply with the terms and conditions of the card voids this protection. We will pay only for loss occurring during the policy period, including those losses discovered and reported to us within one year after the policy has terminated. We have the right to investigate and settle any claim or suit as we deem appropriate. Full payment of the amount of insurance for any one loss ends our obligation under each claim or suit arising from the loss. When this coverage applies, we will defend any suit brought against an insured person for the enforcement of payment that an insured person is legally required to make as a result of the unauthorized use of any credit card, debit or automated teller machine card, or bank fund transfer card issued to or registered in the name of an insured person. The defense will be at our expense, with counsel of our choice. When this coverage applies, we have the option to defend an insured person or the insured person's bank against a suit for the enforcement of payment legally required to be made as a result of forgery or alteration of a check or negotiable instrument made or drawn upon an insured person's account. The defense will be at our expense, with counsel of our choice. No deductible applies to this protection. Debris Removal We will pay reasonable expenses you incur to remove debris of covered property damaged by a loss we cover. If the loss to the covered property and the cost of debris removal are more than the Limit Of Liability shown on the Policy Declarations for the covered property, we will pay up to an additional 5% of that limit for debris removal. 4. Emergency Removal Of Property We will pay for sudden and accidental direct physical loss to covered property from any cause while removed from a premises because of danger from a loss we cover. Protection is limited to a 30 -day period from date of removal. This protection does not increase the limit of liability that applies to the covered property. 5. Fire Department Charges We will pay up to $500 for service charges made by fire departments called to protect your property from a loss we cover at the residence premises. No deductible applies to this protection. Temporary Repairs After A Loss We will reimburse you up to $5,000 for the reasonable and necessary cost you incur for temporary repairs to protect covered property from further imminent covered loss following a loss we cover. This coverage does not increase the limit of liability applying to the property being repaired. Trees, Shrubs, Plants and Lawns We will pay up to 5% of the Limit Of Liability shown on the Policy Declarations under Coverage A— Dwelling Protection for loss to trees, shrubs, plants and lawns at the address of the residence premises. We will not pay more than $500 for any one tree, shrub, or plant including expenses incurred for removing debris. This coverage applies only to direct physical loss caused by fire or lightning, explosion, riot or civil commotion, aircraft, vehicles not owned by an occupant of the residence premises, vandalism or malicious mischief, theft or collapse of a building structure or any part of a building structure. We will pay up to $500 for reasonable expenses you incur for the removal of debris of trees at the address of the residence premises for direct physical loss caused by windstorm, hail, or weight of ice, snow or sleet. The fallen tree must have caused damage to property covered under Coverage A— Dwelling Protection or Coverage B —Other Structures Protection. iiiiinnininniiinniiimiiiniiiminiimiu Page 12 ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY We do not cover trees, shrubs, plants, or lawns loss we cover to another part of the grown for business purposes. dwelling; or c) the remodeling, removal or replacement This coverage does not increase the limit of of the portion of the undamaged part of liability applying to the damaged property. the dwelling necessary to complete the remodeling, repair or replacement of that 8. Temperature Change part of the dwelling damaged by a direct We will pay for loss to covered personal physical loss we cover. property in a building structure at the residence premises resulting from a change in This additional coverage will not apply: temperature. The change in temperature must a) until the dwelling is actually repaired or result from a covered loss to the building rebuilt at the same residence premises. structure. b) if the rebuilt or repaired dwelling is not intended for similar occupancy at the This coverage does not increase the limit of same residence premises. liability applying to the damaged property. c) unless the rebuilding or repairs are made as soon as reasonably possible after the 9. Power Interruption loss or damage, not to exceed 365 days We will pay up to $500 for loss to the contents after loss unless you have requested in of freezers and refrigerated units on the writing that this time limit be extended for residence premises caused by the interruption an additional 180 days. of power which occurs off the residence premises. If a power interruption is known to We do not cover: an insured person, all reasonable means must a) the loss in value to any dwelling due to be used to protect the contents of freezers and the requirements of any ordinance or law; refrigerated units. or b) the costs to comply with any ordinance or This coverage does not increase the limit of law which requires an insured person or liability applying to the damaged property. others to test for, monitor, clean up, remove, contain, treat, detoxify or 10. Building Codes neutralize, or in any way respond to or We will pay up to $5,000 to comply with local assess the effects of vapors, fumes, building codes after a covered loss to the acids, toxic chemicals, toxic gasses, toxic dwelling or when repair or replacement results liquids, toxic solids, waste materials or in increased cost due to the enforcement of other irritants, contaminants or pollutants. any building codes, ordinances or laws regulating the construction, reconstruction, If the insured property is located in an area maintenance, repair or demolition of the which is eligible for coverage through the dwelling. Texas Windstorm Insurance Association, the coverage described above also applies to the We will pay for: increased cost you incur due to the repair, a) the construction, demolition or repair of replacement or demolition required for the that part of a covered building or other dwelling to comply with the building structure damaged by a direct physical specifications contained in the Texas loss we cover; Windstorm Insurance Association's plan of b) the demolition and reconstruction of the operation. undamaged part of the dwelling, when the dwelling must be totally demolished 11. Arson Reward because of damage by a direct physical We will pay up to $5,000 for information leading to an arson conviction in connection Page 13 ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY with a fire loss to property covered under Section I of this policy. The $5,000 limit applies regardless of the number of persons providing information. 12. Collapse We will cover at the residence premises: a) the entire collapse of a covered building structure; b) the entire collapse of part of a covered building structure; and c) direct physical loss to covered property caused by a) orb) above. For coverage to apply, the collapse of a building structure specified in a) or b) above must be a sudden and accidental direct physical loss caused by one or more of the following: a) a loss we cover under Section I; b) weight of persons, animals, equipment or contents; c) weight of rain, snow or ice which collects on a roof; d) defective methods or materials used in construction, repair, remodeling or renovation, but only if the collapse occurs in the course of such construction, repair, remodeling or renovation. Collapse as referenced herein means the covered building structure or part of the covered building structure has actually fallen down or fallen into pieces unexpectedly and instantaneously. It does not include settling, cracking, shrinking, bulging, expansion, sagging, or bowing. Furthermore, collapse does not include or mean substantial structural impairment or imminent collapse. Loss to an awning, fence, patio, deck, pavement, swimming pool, underground pipe, flue, drain, cesspool, fuel oil tank, septic tank, cistern or similar system, foundation, retaining wall, bulkhead, pier, wharf or dock is not included, unless the loss is a direct result of the collapse of a building structure or part of a building structure that is a sudden and accidental direct physical loss caused by one or more of the following: a) a loss we cover under Section I; b) weight of persons, animals, equipment or contents; weight of rain, snow or ice which collects on a roof; c) defective methods or materials used in construction, repair, remodeling or renovation, but only if the collapse occurs in the course of such construction, repair, remodeling or renovation. This coverage does not increase the limit of liability applying to the covered property. 13. Lock Replacement When a key to a lock is stolen as part of a covered theft loss, we will pay under Coverage A— Dwelling Protection the reasonable expenses you incur to replace or re -key exterior door locks at the residence premises with locks or cylinders of like kind and quality. The limit of liability under this coverage following any one theft loss is $500. This coverage does not increase the limit of liability that applies to the covered property. 14. Foundation Water Damage In the event of the sudden and accidental discharge or overflow of water or steam from within a plumbing, heating or air conditioning system, household appliance, fire protection or sprinkler system where the source of the discharge or overflow is located within or below the slab or foundation of the dwelling, we will pay up to the amount shown on the Policy Declarations for: a) tearing out and replacing any part of the dwelling necessary to access, repair or replace that part of such system, and b) loss to property covered under Coverage A— Dwelling Protection and Coverage C — Personal Property Protection that results from the sudden and accidental escape of water or steam from within a plumbing, heating or air conditioning system, household appliance, fire protection or sprinkler system located within the slab or foundation of the dwelling. PROP IIIIIIpiIInIIIIIIIIIIIIIIIIYIIIIIII €IIIIIII�II�IIII� Page 14 ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY This coverage does not include damage to the other substance which exerts pressure system from which the water or steam on, or flows, seeps or leaks through any escaped. part of the residence premises. 15. Civil Authority We do cover sudden and accidental direct We will pay you up to $100 per day, for up to physical loss caused by fire, explosion or theft two weeks, to assist with the reasonable and resulting from items 1 through 3 listed above. necessary increase in living expenses paid by by a cause of loss we cover. you should civil authorities prohibit the use of 4. Earth movement of any type, including, the residence premises due to a loss at a but not limited to, earthquake, volcanic neighboring premises caused by a loss we eruption, lava flow, landslide, subsidence, insure against. However, payments for mudflow, pressure, sinkhole, erosion, or increase in living expenses due to remediation the sinking, rising, shifting, creeping, of mold, fungus, wet rot or dry rot will not be expanding, bulging, cracking, settling or paid in addition to any amounts paid or contracting of the earth. This exclusion payable under Section I, Conditions —Mold, applies whether or not the earth movement is combined with water. Fungus, Wet Rot and Dry Rot Remediation as Page 15 a Direct Result of a Covered Water Loss. We do cover sudden and accidental direct physical loss caused by fire, explosion, The two week period of time referenced above theft or breakage of glass or safety is not limited by the termination of this policy. glazing materials resulting from earth movement. No deductible applies to this protection. 5. Enforcement of any building codes, Losses We Do Not Cover Under Coverage ordinances or laws regulating the A, Coverage B and Coverage C construction, reconstruction, A. We do not cover loss to the property described maintenance, repair, placement or in Coverage A— Dwelling Protection, demolition of any building structure, Coverage B —Other Structures Protection or other structure or land at the residence Coverage C — Personal Property Protection premises, except as specifically provided consisting of or caused by the following: in Section I, Additional Protection under 1. Flood, including, but not limited to, item 10 —"Building Codes". surface water, waves, tidal water or We do cover sudden and accidental direct overflow of any body of water, or spray physical loss to covered property caused from any of these, whether or not driven by actions of civil authority to prevent the by wind. spread of fire. 2. Water or any other substance that: 6. The failure by any insured person to take a) backs up through sewers or drains; all reasonable steps to save and preserve or property when the property is endangered b) overflows from a sump pump, sump by a cause of loss we cover. pump well or other system designed for the removal of subsurface water 7. Loss intentionally caused by an insured which is drained from a foundation person. This exclusion will not apply to an area of a structure. innocent spouse or insured person who did not contribute to such loss or to the 3. Water or any other substance on or below interest of an innocent spouse or insured the surface of the ground, regardless of person in the damaged property. its source. This includes water or any Page 15 ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY 8. Weather Conditions that contribute in any otherwise be covered by this policy, except as way with a cause of loss excluded under specifically provided in Section I, Conditions — Losses We Do Not Cover Under Coverage Mold, Fungus, Wet Rot and Dry Rot A, Coverage B and Coverage C to produce Remediation as a Direct Result of a Covered a loss. Water Loss. 9. Planning, Construction or Maintenance, D. We do not cover loss to the property described meaning faulty, inadequate or detective: in Coverage A — Dwelling Protection, a) planning, zoning, development, Coverage B —Other Structures Protection or surveying, siting; Coverage C — Personal Property Protection . b) design, specifications, workmanship, consisting of or caused by the following. These repair, construction, renovation, exclusions apply regardless of whether any remodeling, grading, compaction; other cause contributed concurrently or in any c) materials used in repair, sequence to produce the loss: construction, renovation or 1. Nuclear action, meaning nuclear reaction, remodeling; or discharge, radiation or radioactive d) maintenance of property whether on contamination, or any consequence of any or off the residence premises by any of these. Loss caused by nuclear action is person or organization. not considered loss by fire, explosion or smoke. 10. Vapors, fumes, acids, toxic chemicals, toxic gasses, toxic liquids, toxic solids, We do cover sudden and accidental direct waste materials or other irritants, physical loss by fire resulting from nuclear contaminants or pollutants. action. B. We do not cover loss to the property described 2. War or warlike acts, including, but not in Coverage A— Dwelling Protection, limited to, insurrection, rebellion or Coverage B —Other Structures Protection or revolution. Coverage C — Personal Property Protection when: Section 1- Conditions 1. there are two or more causes of loss to 1. Deductible the covered property; and We will pay when a covered loss exceeds the 2. the predominant cause(s) of loss is (are) applicable deductible shown on the Policy excluded under items A.1 through A.10 Declarations. We will then pay only the excess above. amount, unless we have indicated otherwise in this policy. C. We do not cover loss to the property described in Coverage A— Dwelling Protection, 2. Insurable Interest and Our Liability Coverage B —Other Structures Protection or In the event of a covered loss, we will not pay Coverage C — Personal Property Protection for more than an insured person's insurable consisting of or caused by mold, fungus, wet interest in the property covered, nor more than rot, dry rot or other microbes. This includes the amount of coverage afforded by this policy. any loss which, in whole or in part, arises out of, is aggravated by or results from mold, Section 862.053 Policy A Liquidated Demand. fungus, wet rot, dry rot or other microbes. Afire insurance policy, incase of a total loss by fire of property insured, shall be held and This exclusion applies regardless of whether considered to be a liquidated demand against the company for the full amount of such policy. mold, fungus, wet rot, dry rot or other The provisions of this article shal I not apply to microbes arises from any other cause of loss, personal property. including but not limited to a loss involving water, water damage or discharge, which may Page 16 PROP ' 1100042120120I5IP000243II626N`� I I �I�IIII III II NIIIIINIINN III�I NIIIIIIIII � IIIIIN I N IuI I 'Nnt IIIIIIIIIIII ICI VIII III ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY 3. What You Must Do After A Loss 3) the actual cash value and amount of In the event of a loss to any property that may loss for each item damaged, be covered by this policy, you must: destroyed or stolen; a) promptly give us or our agent notice. 4) any other insurance that may cover Report any theft to the police as soon as the loss; possible. If the loss involves a credit card, 5) any changes in title, use, occupancy debit or automated teller machine card, or or possession of the property that bank fund transfer card, give notice to the have occurred during the policy company or bank that issued the card. period; b) protect the property from further loss. 6) at our request, the specifications of Make any reasonable repairs necessary to any damaged building structure or protect it. Keep an accurate record of any other structure; and 7) evidence supporting any claim under repair expenses. the Credit Card, Debit or Automated c) separate damaged from undamaged Teller Machine Card, Bank Fund personal property. Give us a detailed list Transfer Card, Check Forgery and of the damaged, destroyed or stolen Counterfeit Money protection. State property, showing the quantity, cost, the cause and amount of loss. actual cash value and the amount of loss claimed. We have no duty to provide coverage to you or d) give us all accounting records, bills, an insured person under this section if you, an invoices and other vouchers, or certified insured person, or a representative of either copies, which we may reasonably request fail to comply with items a) through g) above, to examine and permit us to make copies. and this failure to comply is prejudicial to us. e) produce receipts for any increased costs to maintain your standard of living while 4. Our Duties After Loss you reside elsewhere, and records a) Within 15 days after we receive your supporting any claim for loss of rental written notice of claim, we must: income. 1) acknowledge receipt of the claim. If f) as often as we reasonably require: our acknowledgment of the claim is 1) show us the damaged property. not in writing, we will keep a record 2) at our request, submit to of the date, method and content of examinations under oath, separately our acknowledgment. 2) begin any investigation of the claim; and apart from any other person and defined as you or insured person 3) specify the information you must and sign a transcript of the same. provide in accordance with Section 1, 3) produce representatives, employees, Conditions 3, "What You Must Do members of the insured person's After A Loss" . household or others to the extent it is within the insured person's power to We may request more information, if do so; and during the investigation of the claim g) within 91 days after the loss, give us a such additional information is signed, sworn proof of the loss. This necessary. statement must include the following information: b) After we receive the information we 1) the date, time, location and cause of request, we must notify you in writing loss; whether the claim will be paid or has 2) the interest insured persons and been denied or whether more information others have in the property, including is needed: any encumbrances; 1) within 15 business days; or Page 17 ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY 2) within 30 days if we have reason to Declarations shows that the Personal believe the loss resulted from arson. Property Reimbursement provision applies, and the property is not c) If we do not approve payment of your excluded from the Personal Property claim or require more time for processing Reimbursement provision. your claim, we must: 1) give the reasons for denying your b) Actual Cash Value. If you do not repair or claim; or replace the damaged, destroyed or stolen 2) give the reasons we require more property, payment will be on an actual time to process your claim. But, we cash value basis. This means there may must either approve or deny your be a deduction for depreciation. Payment claim within 45 days after requesting will not exceed the Limit Of Liability more time. shown on the Policy Declarations for the coverage that applies to the damaged, 5. Our Settlement Options destroyed or stolen property, regardless of In the event of a covered loss, we have the the number of items involved in the loss. option to: You may make claim for additional a) repair, rebuild or replace all or any part of payment as described in paragraph c) and the damaged, destroyed or stolen paragraph d) below, if you repair or property with property of like kind and replace the damaged, destroyed or stolen quality within a reasonable time; or covered property within 365 days after b) pay for all or any part of the damaged, the loss unless you request in writing that destroyed or stolen property as described this time limit be extended for an in Condition 6 " How We Pay For A Loss". additional 180 days. 6. How We Pay For A Loss c) Building Structure Reimbursement. Under Under Coverage A— Dwelling Protection, Coverage A— Dwelling Protection and Coverage B —Other Structures Protection and Coverage B —Other Structures Coverage C — Personal Property Protection, Protection, we will make additional payment for covered loss will be by one or payment to reimburse you for cost in more of the following methods: excess of actual cash value if you repair, a) Special Payment. At our option, we may rebuild or replace damaged, destroyed or make payment for a covered loss before stolen covered property within 365 days you repair, rebuild or replace the after the loss unless you request in damaged, destroyed or stolen property if: writing that this time limit be extended for 1) the whole amount of loss for property an additional 180 days. This additional covered under Coverage A— payment includes the reasonable and Dwelling Protection and Coverage B necessary expense for treatment or —Other Structures Protection, removal and disposal of contaminants, without deduction for depreciation, is toxins or pollutants as required to less than $2,500 and if the property complete repair or replacement of that is not excluded from the Building part of a building structure damaged by a Structure Reimbursement provision; covered loss. This additional payment or shall not include any amounts which may 2) the whole amount of loss for property be paid or payable under Section I, covered under Coverage C — Conditions —Mold, Fungus, Wet Rot and Personal Property Protection, Dry Rot Remediation as a Direct Result without deduction for depreciation, is of a Covered Water Loss, and shall not be less than $2,500 and if your Policy payable for any losses excluded in Section I —Your Property, under Losses Page 18 PROP 111111111111111 '11000421201205P000243627` 1111111111111 I I Nllllln �IIIIIIIIIIIIII�� IIIII ul ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY We Do Not Cover Under Coverage A, 2) property covered under Coverage B — Coverage B and Coverage C, section C. Other Structures Protection that is not a building structure; Building Structure Reimbursement will not 3) wall -to -wall carpeting, fences, exceed the smallest of the following awnings and outdoor antennas amounts: whether or not fastened to a building 1) the replacement cost of the part(s) of structure; or the building structure(s) for 4) land. equivalent construction for similar use on the same residence Payment under a), b), or c) above will not premises; include any increased cost due to the 2) the amount actually and necessarily enforcement of building codes, ordinances or spent to repair or replace the laws regulating the construction, damaged building structure(s) with reconstruction, maintenance, repair, relocation equivalent construction for similar or demolition of building structures or other use on the same residence structures except as provided under Section 1, premises; or Additional Protection 10 —"Building Codes". 3) the Limit Of Liability applicable to the building structure(s) as shown on d) Personal Property Reimbursement. Under the Policy Declarations for Coverage Coverage C — Personal Property A — Dwelling Protection or Coverage Protection, we will make additional B —Other Structures Protection, payment to reimburse you for cost in regardless of the number of building excess of actual cash value if you repair, structures and structures other than rebuild or replace damaged, destroyed or building structures involved in the stolen covered personal property or wall - loss. to -wall carpeting within 365 days of the If you replace the damaged building loss. structure(s) at an address other than Personal Property Reimbursement shown on the Policy Declarations through payment will not exceed the smallest of construction of a new structure or purchase of an existing structure, such the following amounts: replacement will not increase the amount 1) the amount actually and necessarily payable under Building Structure spent to repair or replace the Reimbursement described above. The property with similar property of like amount payable under Building Structure kind and quality; Reimbursement described above does not 2) the cost of repair or restoration; or includes the value of any land associated 3) the Limit Of Liability shown on the with the replacement structure(s). Policy Declarations for Coverage C — Personal Property Protection, or any Building Structure Reimbursement special limit of liability described in payment will be limited to the difference the policy, regardless of the number between any actual cash value payment of items of personal property involved made for the covered loss to building in the loss. structures and the smallest of 1), 2) or 3) above. Personal Property Reimbursement will be limited to the difference between any Building Structure Reimbursement will not actual cash value payment made for the apply to: covered loss to personal property and the 1) property covered under Coverage C — smallest of 1), 2) or 3) above. Personal Property Protection; Page 19 ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY Personal Property Reimbursement will not apply to: 1) property insured under Coverage A— Dwelling Protection and Coverage B —Other Structures Protection, except wall -to -wall carpeting; 2) antiques, fine arts, paintings, statuary and similar articles which, by their inherent nature, cannot be replaced; 3) articles whose age or history contribute substantially to their value. This includes, but is not limited to, memorabilia, souvenirs and collector's items; 4) property that was obsolete or unusable for the originally intended purpose because of age or condition prior to the loss; or 5) motorized land vehicles used solely for the service of the insured premises and not licensed for use on public roads. This does not include motorized land vehicles designed for assisting the disabled. appraisers are unable to agree upon an umpire within 15 days, you or we can ask a judge of a court of record in the state where the residence premises is located to select an umpire. The appraisers shall then determine the amount of loss, stating separately the actual cash value and the amount of loss to each item. If the appraisers submit a written report of an agreement to you and to us the amount agreed upon shall be the amount of loss. If they cannot agree, they will submit their differences to the umpire. A written award agreed upon by any two will determine the amount of loss. Each party will pay the appraiser it chooses, and equally bear expenses for the umpire and all other appraisal expenses. 9. Abandoned Property We are not obligated to accept any property or responsibility for any property abandoned by an insured person. Our Settlement Of Loss 10 We will settle any covered loss with you unless some other person or entity is named in the policy. This amount may be determined by an agreement between you and us, an appraisal award or a court judgment. If we notify you that we will pay your claim, or part of your claim, we must pay within 5 business days after we notify you. If payment of your claim or part of your claim requires the performance of an act by you, we must pay within 5 business days after the date you perform the act. Appraisal If you and we fail to agree on the amount of loss, either party may make written demand for an appraisal. Upon such demand, each party must select a competent and impartial appraiser and notify the other of the appraiser's identity within 20 days after the demand is received. The appraisers will select a competent and impartial umpire. If the Permission Granted To You a) The residence premises may be vacant or unoccupied for any length of time, except where a time limit is indicated in this policy for specific perils. A building structure under construction is not considered vacant. b) You may make alterations, additions or repairs, and you may complete structures under construction. 11. Our Rights To Recover Payment When we pay for any loss, an insured person's right to recover from anyone else becomes ours up to the amount we have paid. An insured person must protect these rights and help us enforce them. You may waive your rights to recover against another person for loss involving the property covered by this policy. This waiver must be in writing prior to the date of the loss. 12. Our Rights to Obtain Salvage We have the option to take all or any part of the damaged or destroyed covered property ROiniiuiiuioiiiiioiNwmuii�iimiii�miimiiiuuui Page 20 ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY upon replacement by us or payment of the agreed or appraised value. We will notify you of our intent to exercise this option within 30 days after we receive your signed, sworn proof of loss. If no signed, sworn proof of loss is requested by us, we will notify you of our intent to exercise this option within 60 days after the date you report the loss to us. When we settle any loss caused by theft or disappearance, we have the right to obtain all or part of any property which may be recovered. An insured person must protect this right and inform us of any property recovered. We will inform you of our intent to exercise this right within 10 days of your notice of recovery to us. 13. Action Against Us No one may bring an action against us in any way related to the existence or amount of coverage, or the amount of loss for which coverage is sought, under a coverage to which Section I Conditions applies, unless: a) there has been full compliance with all policy terms; and b) the action is commenced within two years and one day after the inception of loss or damage. 14. Loss To A Pair Or Set If there is a covered loss to a pair or set, we may: a) repair or replace any part of the pair or set to restore it to its actual cash value before the loss; or b) pay the difference between the actual cash value of the pair or set before and after the loss. Such loss will not be considered a total loss of the pair or set. 15. Glass Replacement Payment for loss to covered glass includes the cost of using safety glazing materials when required by law. 16. No Benefit To Bailee This insurance will not benefit any person or organization who may be caring for or handling your property for a fee. 17. Other Insurance If both this insurance and other insurance apply to a loss, we will pay the proportionate amount that this insurance bears to the total amount of all applicable insurance. However, in the event of a loss by theft, this insurance shall be excess over any other insurance that covers loss by theft. 18. Property Insurance Adjustment When the Policy Declarations indicates that the Property Insurance Adjustment Condition applies, you agree that, at each policy anniversary, we may increase the limit of liability shown on the Policy Declarations for Coverage A— Dwelling Protection to reflect one of the following: a) the rate of change in the Index identified in the " Important Payment and Coverage Information" section of the -Policy Declarations. The limit of liability for Coverage A — Dwelling Protection for the succeeding premium period will be determined by changing the existing limit in proportion to the change in the Index between the time the existing limit was established and the time the change is made. The resulting amount will be rounded to the nearest $1000; or b) the minimum amount of insurance coverage we are willing to issue for the succeeding premium period under CoverageA — Dwelling Protection for your dwelling and other property we cover under Coverage A— Dwelling Protection. Any adjustment in the limit of liability for CoverageA — Dwelling Protection will result in an adjustment in the limit of liability for Coverage B —Other Structures Protection and Coverage C — Personal Property Protection in accordance with our manual of Rules and Rates. Page 21 ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY Any adjustment in premium resulting from the application of this condition will be made based on premium rates in use by us at the time a change in limits is made. We will not reduce the limit of liability shown on the Policy Declarations without your consent. You agree that it is your responsibility to ensure that each of the limits of liability shown on the Policy Declarations are appropriate for your insurance needs. If you want to increase or decrease any of the limits of liability shown on the Policy Declarations, you must contact us to request such a change. 19. Mortgagee A covered loss will be payable to the Mortgagee(s) named on the Policy Declarations, to the extent of their interest and in the order of precedence. All provisions of Section I of this policy apply to these mortgagees. We will: a) protect the mortgagee's interest in a covered building structure in the event of an increase in hazard, intentional or criminal acts of, or directed by, an insured person, failure by any insured person to take all reasonable steps to save and preserve property after a loss, a change in ownership, or foreclosure if the mortgagee has no knowledge of these conditions; and b) give the mortgagee at least 10 days notice if this policy is cancelled. The mortgagee will: a) furnish proof of loss within 91 days after notice of the loss if an insured person fails to do so; b) pay upon demand any premium due if an insured person fails to do so; c) notify us in writing of any change of ownership or occupancy or any increase in hazard of which the mortgagee has knowledge; d) give us the mortgagee's right of recovery against any party liable for loss; and e) after a loss, and at our option, permit us to satisfy the mortgage requirements and receive full transfer of the mortgage. This mortgagee interest provision shall apply to any trustee or loss payee or other secured party. 20. Catastrophe Claims If a claim results from a weather related catastrophe or a major natural disaster, each claim handling deadline shown under the What You Must Do After A Loss, Our Duties After Loss and Our Settlement of Loss provisions is extended for an additional 15 days. Catastrophe or Major Natural Disaster means a weather related event which: a) is declared a disaster under the Texas Disaster Act of 1975; or b) is determined to be a catastrophe by the State Board of Insurance. 21. Mold, Fungus, Wet Rot and Dry Rot Remediation as a Direct Result of a Covered Water Loss In the event of a covered water loss under Coverage A— Dwelling Protection, Coverage B —Other Structures Protection or Coverage C — Personal Property Protection, we will pay up to $5,000 for mold, fungus, wet rot or dry rot remediation. This Condition does not increase the limits of liability under Coverage A— Dwelling Protection, Coverage B —Other Structures Protection or Coverage C — Personal Property Protection. Section 11- Family Liability and Guest Medical Protection Coverage X Family Liability Protection Losses We Cover Under Coverage X. Subject to the terms, conditions and limitations of this policy, we will pay damages which an insured PROP IIIIdIIlilItlRIiIIIIIIIIIIIIIRIrIIIIIIIIYYIIIIIIIdlll�l Page 22 ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY person becomes legally obligated to pay because of bodily injury or property damage arising from an occurrence to which this policy applies, and is covered by this part of the policy. We may investigate or settle any claim or suit for covered damages against an insured person. If an insured person is sued for these damages, we will provide a defense with counsel of our choice, even if the allegations are groundless, false or fraudulent. We are not obligated to pay any claim or judgment after we have exhausted our limit of liability. Coverage Y Guest Medical Protection Losses We Cover Under Coverage Y. We will pay the reasonable expenses incurred for necessary medical, surgical, x -ray and dental services; ambulance, hospital, licensed nursing and funeral services; and prosthetic devices, eye glasses, hearing aids, and pharmaceuticals. These expenses must be incurred and the services performed within three years from the date of an occurrence causing bodily injury to which this policy applies, and is covered by this part of the policy. Each person who sustains bodily injury is entitled to this protection when that person is: 1. on the insured premises with the permission of an insured person; or 2. off the insured premises, if the bodily injury: a) arises out of a condition on the insured premises or immediately adjoining ways; b) is caused by the activities of an insured person or a residence employee; c) is caused by an animal owned by or in the care of an insured person; or d) is sustained by a residence employee. Additional Protection We will pay, in addition to the limits of liability: 1. Claim Expense We will pay: a) all costs we incur in the settlement of any claim or the defense of any suit against an insured person; b) interest accruing on damages awarded until such time as we have paid, formally offered, or deposited in court the amount for which we are liable under this policy; interest will be paid only on damages which do not exceed our limits of liability; c) premiums on bonds required in any suit we defend; we will not pay bond premiums in an amount that is more than our limit of liability; we have no obligation to apply for or furnish bonds; d) up to $150 per day for loss of wages and salary, when we ask you to attend trials and hearings; e) any other reasonable expenses incurred by an insured person at our request. 2. Emergency First Aid We will pay reasonable expenses incurred by an insured person for first aid to other persons at the time of an accident involving bodily injury covered under this policy. Damage To Property Of Others At your request, we will pay up to $500 each time an insured person causes property damage to someone else's property. At our option, we will pay the cost to either repair or replace the property damaged by an insured person, without deduction for depreciation. We will not pay for property damage: a) to property covered under Section I of this policy; b) to property intentionally damaged by an insured person who has attained the age of 13; c) to property owned by or rented to an insured person, any tenant of an insured person, or any resident in your household; or d) arising out of: 1) past or present business activities; 2) any act or omission in connection with a premises, other than an insured premises, owned, rented or controlled by an insured person; or 3) the ownership or use of a motorized land vehicle, trailer, aircraft, hovercraft or watercraft. Page 23 ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY Losses We Do Not Cover Under Coverage X and Coverage Y A. Losses We Do Not Cover Under Coverage X.• 1. We do not cover bodily injury to an insured person or property damage to property owned by an insured person whenever any benefit of this coverage would accrue directly or indirectly to an insured person. 2. We do not cover any property damage consisting of or caused by vapors, fumes, acids, toxic chemicals, toxic gasses, toxic liquids, toxic solids, waste materials or other irritants, contaminants or pollutants. We do not cover any bodily injury or property damage arising out of any liability statutorily imposed upon any insured person in any manner, consisting of or caused by vapors, fumes, acids, toxic chemicals, toxic gasses, toxic liquids, toxic solids, waste materials or other irritants, contaminants or pollutants. 4. We do not cover any liability an insured person assumes arising out of any contract or agreement. 5. We do not cover property damage to property rented to, occupied or used by, or in the care of, an insured person. This exclusion does not apply if the property damage is caused by fire, explosion or smoke. 6. We do not cover any liability imposed upon any insured person by any governmental authority for bodily injury or property damage which, in whole or in part, arises out of, is aggravated by or results from mold, fungus, wet rot, dry rot or other microbes. B. Losses ft Do Not Cover Under Coverage Y. 1. We do not cover bodily injury to any insured person or regular resident of the insured premises. However, this exclusion does not apply to a residence employee. 2. We do not cover bodily injury to any person on the insured premises because of a business activity or professional service conducted there. C. Losses We Do Not Cover Under Coverage X and Coverage Y.• Coverage under Coverage X — Family Liability Protection will be excluded for bodily injury and property damage and coverage under Coverage Y —Guest Medical Protection will be excluded for bodily injury as follows: 1. We do not cover bodily injury or property damage which is caused intentionally by or at the direction of an insured person. 2. We do not cover bodily injury to any person eligible to receive benefits required to be provided or voluntarily provided by an insured person under any worker's compensation, non - occupational disability or occupational disease law. I We do not cover bodily injury or property damage arising out of the ownership, maintenance, use, occupancy, renting, loaning, entrusting, loading or unloading of aircraft. This exclusion does not apply to bodily injury to a residence employee. 4. We do not cover bodily injury or property damage arising out of the ownership, maintenance, use, occupancy, renting, loaning, entrusting, loading or unloading of any motor vehicle or trailer. However, this exclusion does not apply to: a) a motor vehicle in dead storage or used exclusively on an insured premises; b) any motor vehicle designed principally for recreational use off public roads, unless that vehicle is owned by an insured person and is Page g. „ iiiiiiiminihnflniiininuimnniimflmiiimi ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY being used away from an insured apply to bodily injury to a residence premises; employee. c) a motorized wheel chair; d) a vehicle used to service an insured 7. We do not cover bodily injury or property premises which is not designed for damage arising out of: use on public roads and not subject a) the negligent supervision by any to motor vehicle registration; insured person of any person; or e) a golf cart owned by an insured b) any liability statutorily imposed on person when used for golfing any insured person purposes; f) a trailer of the boat, camper, home or arising from the ownership, maintenance, utility type unless it is being towed or use, occupancy, renting, loaning, carried by a motorized land vehicle; entrusting, loading or unloading of any g) lawn or garden implements under 40 aircraft, watercraft, hovercraft, motorized horsepower; land vehicle or trailer which is not covered h) bodily injury to a residence under Section II of this policy. employee. 8. We do not cover any bodily injury which results in any manner from the discharge, 5. We do not cover bodily injury or property dispersal, release or escape of vapors, damage arising out of the ownership, fumes, acids, toxic chemicals, toxic maintenance, use, occupancy, renting, gasses, toxic liquids, toxic solids, waste loaning, entrusting, loading or unloading materials or other irritants, contaminants of watercraft away from an insured or pollutants. premises if the watercraft: a) has inboard or inboard - outboard We do cover bodily injury which results motor power of more than 50 from such discharge if the discharge is horsepower; sudden and accidental. b) is a sailing vessel 26 feet or more in length; 9. We do not cover bodily injury or property c) is powered by one or more outboard damage arising out of the rendering of, or motors with more than 25 total failure to render, professional services by horsepower; an insured person. d) is designated as an airboat, air cushion, or similar type of watercraft; 10. We do not cover bodily injury or property or damage arising out of the past or present e) is a personal watercraft, meaning a business activities of an insured person. craft propelled by a water jet pump engine and designed to be operated We do cover the occasional or part -time by a person or persons sitting, business activities of an insured person standing or kneeling on the craft. who is a student under 21 years of age who is self - employed and has no This exclusion does not apply to bodily employees. injury to a residence employee. 11. We do not cover bodily injury or property 6. We do not cover bodily injury or property damage arising out of any premises, other damage arising out of the ownership, than an insured premises, owned, rented maintenance, use, occupancy, renting, or controlled by an insured person. This loaning, entrusting, loading or unloading exclusion does not apply to bodily injury of hovercrafts. This exclusion does not to a residence employee. Page 25 ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY 12. We do not cover bodily injury or property damage which, in whole or in part, arises out of, is aggravated by or results from mold, fungus, wet rot, dry rot or other microbes. 13. We do not cover bodily injury or property damage caused by war or warlike acts, including, but not limited to, insurrection, rebellion or revolution. Section tt - Conditions 1, What You Must Do After An Accidental Loss In the event of bodily injury or property damage, you must do the following: a) Promptly notify us or our agent stating: 1) your name and policy number; 2) the date, the place and the circumstances of the loss; 3) the name and address of anyone who might have a claim against an insured person; 4) the names and addresses of any witnesses. b) Promptly send us any legal papers relating to the accident. c) At our request, an insured person will: 1) cooperate with us and assist us in any matter concerning a claim or suit; 2) help us enforce any right of recovery against any person or organization who may be liable to an insured person; 3) attend any hearing or trial. d) Under the Damage To Property Of Others protection, give us a sworn statement of the loss. This must be made within 91 days after the date of loss. Also, an insured person must be prepared to show us any damaged property under that person's control. Any insured person will not voluntarily pay any money, assume any obligations or incur any expense, other than for first aid to others at the time of the loss as provided for in this policy. 2. What An Injured Person Must Do — Coverage Y —Guest Medical Protection If someone is injured, that person, or someone acting for that person, must do the following: a) Promptly give us written proof of the loss. If we request, this must be done under oath. b) Give us written authorization to obtain copies of all medical records and reports. c) Permit doctors we select to examine the injured person as often as we may reasonably require. 3. Our Payment Of Loss — Coverage Y —Guest Medical Protection We may pay the injured person or the provider of the medical services. Payment under this coverage is not an admission of liability by us or an insured person. 4. Our Limits Of Liability Regardless of the number of insured persons, injured persons, claims, claimants or policies involved, our total liability under Coverage X — Family Liability Protection for damages resulting from one occurrence will not exceed the Limit Of Liability shown on the Policy Declarations. All bodily injury and property damage resulting from continuous or repeated exposure to the same general conditions is considered the result of one occurrence. Our total liability under Coverage Y —Guest Medical Protection for all medical expenses payable for bodily injury, to any one person, shall not exceed the "each person" Limit Of Liability shown on the Policy Declarations. 5. Bankruptcy We are not relieved of any obligation under this policy because of the bankruptcy or insolvency of an insured person. 6. Our Rights to Recover Payment — Coverage X — Family Liability Protection When we pay any loss, an insured person's right to recover from anyone else becomes ours up to the amount we have paid. An insured person must protect these rights and help us enforce them. PROP IIIIIIIIIIIIIIIIIIIIIYVIIIIIIIIIIIYIIIII�INYIIII�IIII! Page 26 ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY Action Against Us a) No one may bring an action against us in any way related to the existence or amount of coverage, or the amount of loss for which coverage is sought, unless there has been full compliance with all policy terms. b) No one may bring an action against us in any way related to the existence or amount of coverage, or the amount of loss for which coverage is sought, under Coverage X — Family Liability Protection, unless the obligation of an insured person to pay has been finally determined either by judgment against the insured person after actual trial, or by written agreement of the insured person, injured person and us, and the action against us is commenced within two years and one day of such judgment or agreement. c) No one may bring an action against us in any way related to the existence or amount of coverage, or the amount of loss for which coverage is sought, under Coverage Y —Guest Medical Protection, unless such action is commenced within two years and one day after the date the expenses for which coverage is sought were actually incurred and not less than 30 days after any required proofs of claim have been filed with us. d) No one may bring an action against us in anyway related to the existence or amount of coverage, or the amount of loss for which coverage is sought, under Section II — Additional Protection, unless such action is commenced within two years and one day after the date the claim expenses or emergency first aid expenses for which coverage is sought were actually incurred, or within two years and one day after the date of loss to the property if coverage is being sought under the Damage to Property of Others provision. e) No one shall have any right to make us a party to an action to determine the liability of an insured person. 8. Other Insurance — Coverage X — Family Liability Protection This insurance is excess over any other valid and collectible insurance except insurance that is written specifically as excess over the limits of liability that apply to this policy. Notice of Settlement of Liability Claim a) We will notify the insured person in writing of any initial offer to compromise or settle a claim against the insured person under the liability section of this policy. We will give the insured person notice within 10 days after the date the offer is made. b) We will notify the insured person in writing of any settlement of a claim against the insured person under the liability section of this policy. We will give the insured person notice within 30 days after the date of the settlement. Section A/ - Optional Protection Optional Coverages You May Buy The following Optional Coverages may supplement coverages found in Section I or Section II and apply only when they are indicated on the Policy Declarations. The provisions of this policy apply to each Optional Coverage in this section unless modified by the terms of the specific Optional Coverage. Coverage BP Increased Coverage On Business Property The limitation on business property located on the residence premises, under Coverage C — Personal Property Protection, is increased to the amount shown on the Policy Declarations. This increased coverage includes property held as samples or for sale or delivery after sale, while the property is on the residence premises. 2. Coverage DP Increased Coverage On Electronic Data Processing Equipment The limitation on electronic data processing equipment under Coverage C — Personal Page 27 ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY Property Protection, and the recording or storage media used with that equipment, is increased to the amount shown on the Policy Declaratio ns. 3. Coverage F Fire Department Charges The $500 limit applying to the fire department service charges under Additional Protection is increased to the amount shown on the Policy Declaratio ns. Coverage G Loss Assessments If your residence premises includes a building structure which is constructed in common with one or more similar buildings, and you are a member of, and subject to the rules of, an association governing the areas held in common by all building owners as members of the association, the insured premises means the building structure occupied exclusively by your household as a private residence, including the grounds, related structures and private approaches to them. We will pay your share of any special assessments charged against all building owners by the association up to the Limit Of Liability shown on the Policy Declarations, when the assessment is made as a result of: a) sudden and accidental direct physical loss to the property held in common by all building owners caused by a loss we cover under Section I of this policy; or b) bodily injury or property damage covered under Section II of this policy. Any reduction or elimination of payments for losses because of any deductible applying to the insurance coverage of the association of building owners collectively is not covered under this protection. We will pay only when the assessment levied against the insured person, as a result of any one loss, for bodily injury or property damage exceeds $250 and then only for the amount of such excess. This coverage is not subject to any deductible applying to Section I of this policy. In the event of an assessment, this coverage is subject to all the exclusions applicable to Sections I and 11 of this policy and the Section and II Conditions, except as otherwise noted. This coverage is excess over any insurance collectible under any policy or policies covering the association of building owners. 5. Coverage JT Increased Coverage on Theft of Jewelry, Watches and Furs The limitation on theft of jewelry, watches, precious and semi - precious stones, gold other than goldware, silver other than silverware, pewter other than pewterwa re, platinum other than platinumware or furs under Coverage C — Personal Property Protection is increased to the amount shown on the Policy Declarations, subject to a maximum amount of $1,000 per item. 6. Coverage K Incidental Office, Private School Or Studio a) The limits applying to property used or intended for use in a business under Coverage C — Personal Property Protection do not apply to equipment, supplies and furnishings used in a described office, private school or studio at your residence premises. This does not include electronic data processing equipment or the recording or storage media used with that equipment. The Coverage K limits are shown on the Policy Declarations. The first limit applies to property on the residence premises. The second limit applies to property while away from the residence premises. These limits are not in addition to Coverage C — Personal Property Protection, Limitations On Certain Personal Property on property used or intended for use in a business. The increased coverage does not include property held for sample, sale or delivery after sale. �`e a iiiii�iiiiin�limnnimiinirimminmmm�i ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY b) Coverage X — Family Liability Protection and Coverage Y —Guest Medical Protection are extended to cover a described office, private school or studio occupied by an insured person. The occupancy of the described property shall not be considered a business. We do not cover bodily injury to: a) any employee other than a residence employee; or b) any person arising out of corporal punishment administered by or at the direction of an insured person. Coverage M Increased Coverage On Money The limitation on money, bullion, bank notes, coins and other numismatic property, scrip, stored value cards and smart cards under Coverage C — Personal Property Protection is increased to the amount shown on the Policy Declaratio ns. 8. Coverage P Business Pursuits Coverage X — Family Liability Protection and CoverageY —Guest Medical Protection are extended to cover specified business pursuits of an insured person. We do not cover: a) bodily injury or property damage arising out of the business pursuits of an insured person when the business is owned or financially controlled by the insured person. This also means a partnership or joint venture of which an insured person is a partner or member; b) bodily injury or property damage arising out of the rendering of or failure to render a professional service of any nature, other than teaching; c) bodily injury to a fellow employee of an insured person arising out of and in the course of employment; d) bodily injury or property damage when an insured person is a member of a teaching staff or faculty of any school or college and the bodily injury or property damage arises out of the maintenance or use of saddle animals, vehicles used with saddle animals, motorized land vehicles, hovercrafts, aircraft or watercraft when owned, hired or operated by an insured person or used for the purpose of instruction; or e) bodily injury to any person arising out of corporal punishment administered by or at the direction of an insured person when an insured person is a member of the teaching staff orfaculty of any school of instruction. Coverage S Increased Coverage On Securities The $1,000 limitation on accounts, bills, deeds, evidences of debt, letters of credit, notes other than bank notes, checks, cashier's checks, traveler's checks, passports, securities, tickets, and stamps, including philatelic property, covered under Coverage C — Personal Property Protection, is increased to the amount shown on the Policy Declarations. 10. Coverage SO Satellite Dish Antennas Coverage C — Personal Property Protection is extended to pay for sudden and accidental direct physical loss to satellite dish antennas and their systems on your residence premises, subject to the provisions of Coverage C — Personal Property Protection. The amount of coverage is shown on the Policy Declaratio ns. 11. Coverage ST Increased Coverage On Theft Of Silverware The limitation on theft of goldware, silverware, pewterware and platinumware under Coverage C — Personal Property Protection is increased to the amount shown on the Policy Declaratio ns. Page 29 Allstate Fire and Casualty Insurance Company Policy Number: 8 16 319406 01/17 Your Agent: Steven Thomas (817) 820 -0015 For Premium Period Effective: Jan. 17, 2012 Policy Endorsement The following endorsement changes your policy. Please read the following document carefully and keep it with your policy. Scheduled Personal Property Endorsement —AFH14 8 16 319406 01/17 Effective Date Jeffery and Ashley of Endorsement: Jan. 17, 2012 Guarnieri For your additional premium, Allstate will pay for loss of or damage to the personal property of an insured person as scheduled below from all risks of direct physical loss, except as limited or excluded in this endorsement. The amount of insurance and the premium are shown on the declarations page. Jewelry HAND MADE LADIES DIAMOND ENGAGEMENT RING IIIIIVII IIIBIIIIIIIIIIIIIIIIIIIIIdRllllllllflflllllfll l Amount $27,000 Allstate Fire and Casualty Insurance Company Policy Number: 8 16 319406 01/17 Your Agent: Steven Thomas (817) 820 -0015 For Premium Period Effective: Jan. 17, 2012 Policy Endorsement The following endorsement changes your policy. Please read this document carefully and keep it with your policy. Scheduled Personal Property Endorsement- AFH1 4 WHERE COVERAGE APPLIES WE will cover the described property anywhere in the world. HOWEVER, COVERAGE ON FINE ARTS, FIREARMS AND BUSINESS PERSONAL PROPERTY IS LIMITED TO WITHIN THE UNITED STATES OF AMERICA AND CANADA. SPECIAL PROVISIONS AND CONDITIONS: 1. Musical Instruments: YOU agree that none of the musical instruments covered will be played for remuneration unless this is indicated in the schedule and an additional premium paid. 2. Silverware: This classification includes silverware, silver-plated ware, goldware, gold - platedware and pewterware. IT DOES NOT INCLUDE PENS, PENCILS, FLASKS, SMOKING IMPLEMENTS OR ACCESSORIES, OR ITEMS OF JEWELRY. 3. Fine Arts: YOU agree that covered fine arts will be packed and unpacked by competent packe rs. 4. Golfer's Equipment: Coverage on golfer's equipment owned by an INSURED PERSON includes golf clubs, golf clothing and equipment, BUT DOES NOT INCLUDE JEWELRY, WATCHES AND EQUIPMENT FOR SALE. Coverage also applies to YOUR other clothing while contained in any locker at the premises where YOU are playing golf. GOLF BALLS ARE COVERED ONLY FOR LOSS BY FIRE OR BY BURGLARY PROVIDED, IN THE CASE OF BURGLARY, THERE ARE VISIBLE MARKS OF FORCIBLE ENTRY INTO THE BUILDING, ROOM OR LOCKER CONTAINING THE GOLF BALLS. 5. Stamp and Coin Collections: Coverage on postage stamps includes due, envelope, official, revenue, match and medicine stamps, covers, locals, reprints, essays, proofs and other philatelic property an INSURED PERSON owns or controls. This includes the books, pages and mountings. Coverage on rare and current coins includes medals, paper money, bank notes, tokens or money and other numismatic property an INSURED PERSON owns or controls. This includes albums, containers, frames, cards, and display cabinets used with the coin collections. 6. Business Personal Property: This classification includes hand tools and portable power tools owned by an INSURED PERSON and used in that person's BUSINESS. WE WILL NOT COVER THE FOLLOWING PROPERTY: (A) SPARE PARTS, UNLESS ATTACHED TO THE COVERED PROPERTY OR SPECIFICALLY DESCRIBED IN THIS ENDORSEMENT; (B) ELECTRICAL APPLIANCES OR DEVICES, INCLUDING WIRING, DAMAGED DUE TO ELECTRICAL INJURY OR DISTURBANCES, CAUSED BY ARTIFICIALLY GENERATED ELECTRICAL CURRENTS, UNLESS FIRE FOLLOWS AND THEN ONLY LOSS OR DAMAGE CAUSED BY FIRE IS COVERED. 7. DOUBLE RECOVERY: WE WILL NOT PAY FOR ANY LOSS IF AN INSURED PERSON HAS COLLECTED FOR THE SAME LOSS FROM OTHERS. Page 1 Allstate Fire and Casualty Insurance Company Policy Number: 8 16 31 940 6 01/17 Your Agent: Steven Thomas (817) 820 -0015 For Premium Period Effective: Jan. 17, 2012 NEWLY ACQUIRED PROPERTY THIS PROVISION APPLIES ONLY TO THE JEWELRY, FURS, CAMERAS AND MUSICAL INSTRUMENTS CLASSES WHEN SIMILAR PROPERTY IS ALREADY DESCRIBED AND SCHEDULED IN THIS ENDORSEMENT. WE WILL ONLY COVER NEWLY ACQUIRED PROPERTY OF AN INSURED PERSON FOR ITS ACTUAL VALUE PROVIDED YOU REPORT THE NEWLY ACQUIRED PROPERTY TO US WITHIN 90 DAYS OF ACQUISITION AND PAY THE ADDITIONAL PREMIUM FROM THE DATE ACQUIRED. COVERAGE FOR EACH CLASS OF PROPERTYTO WHICH THIS PROVISION APPLIES WILL NOT EXCEED 25% OF THE AMOUNT OF INSURANCE FOR THAT CLASS OF PROPERTY OR $10,000, WHICHEVER IS LESS. EXCLUSIONS — LOSSES WE DO NOT COVER 1. WE WILL NOT COVER LOSS OR DAMAGE TO THE DESCRIBED PROPERTY CAUSED BY WEAR AND TEAR, GRADUAL DETERIORATION, INSECTS, VERMIN OR INHERENT VICE. 2. WE WILL NOT COVER LOSS OR DAMAGE CAUSED BY NUCLEAR ACTION, MEANING NUCLEAR REACTION, DISCHARGE OR RADIATION OR RADIOACTIVITY, OR ANY CONSEQUENCE OF ANY OF THESE. LOSS BY NUCLEAR ACTION IS NOT CONSIDERED LOSS BY FIRE, EXPLOSION OR SMOKE. DIRECT LOSS BY FIRE RESULTING FROM NUCLEAR ACTION IS COVERED. 3. WE WILL NOT COVER LOSS OR DAMAGE CAUSED BY WAR OR WARLIKE ACTS, INCLUDING INSURRECTION, REBELLION, OR REVOLUTION. 4. If Fine Arts are covered, WE WILL NOT COVER: (A) LOSS OR DAMAGE CAUSED BY ANY REPAIRING, RESTORATION OR RETOUCHING PROCESS; (B) BREAKAGE OF ART GLASS WINDOWS, STATUARY, MARBLES, GLASSWARE, BRIC- A -BRAC, PORCELAINS AND SIMILAR FRAGILE ITEMS, UNLESS CAUSED BY FIRE, LIGHTNING, WINDSTORM, AIRCRAFT, THEFT OR ATTEMPTED THEFT, EXPLOSION, MALICIOUS DAMAGE, OR COLLISION, DERAILMENT OR OVERTURN OF CONVEYANCE, OR UNLESS COVERAGE FOR BREAKAGE IS INDICATED IN THE SCHEDULE AND AN ADDITIONAL PREMIUM IS PAID; (C) PROPERTY ON EXHIBITION AT FAIR GROUNDS OR ON ANY NATIONAL OR INTERNATIONAL EXPOSITION PREMISES, UNLESS OTHERWISE INDICATED IN THIS ENDORSEMENT. If Sports Equipment, other than golf equipment, is covered, WE WILL NOT COVER LOSS OR DAMAGE CAUSED BY: (A) ANY REFINISHING, RENOVATING OR REPAIRING PROCESS; DAMPNESS OR EXTREMES OF TEMPERATURE; OR, RUST FOULING OR EXPLOSION OF FIREARMS; (B) BREAKAGE, MARRING, SCRATCHING, TEARING OR DENTING UNLESS CAUSED BY FIRE, THEFT OR ACCIDENTS TO CONVEYANCES; OR (C) DISHONEST ACTS OF AN INSURED PERSON'S EMPLOYEES OR PERSONS TO WHOM THE COVERED PROPERTY MAY BE ENTRUSTED OR RENTED. 6. If Stamp or Coin Collections are covered, WE WILL NOT COVER LOSS OR DAMAGE RESULTING FROM: (A) FADING, CREASING, DENTING, SCRATCHING, TEARING, THINNING, TRANSFER OF COLORS, INHERENT DEFECT, DAMPNESS, EXTREMES OF TEMPERATURE, GRADUAL DEPRECIATION, OR DAMAGE SUSTAINED FROM HANDLING OR WHILE BEING ACTUALLY WORKED ON; (B) MYSTERIOUS DISAPPEARANCE OF INDIVIDUAL STAMPS, COINS OR OTHER INDIVIDUAL ITEMS WE COVER UNLESS SPECIFICALLY DESCRIBED WITH A DEFINITE AMOUNT SET OPPOSITE THEIR DESCRIPTION, OR IF Page 2 PROP Inlulllllllllll Allstate Fire and Casualty Insurance Company Policy Number: 816 319406 01/17 Your Agent: Steven Thomas (817) 820 -0015 For Premium Period Effective: Jan. 17, 2012 NOT SPECIFICALLY DESCRIBED, UNLESS MOUNTED IN A VOLUME, AND THE PAGE TO WHICH THEY ARE ATTACHED IS ALSO LOST; (C) THEFT FROM ANY UNATTENDED AUTOMOBILE EXCEPT WHILE BEING SHIPPED BY REGISTERED MAIL UNLESS COVERAGE FOR EXTENDED THEFT IS INDICATED IN THE SCHEDULE AND AN ADDITIONAL PREMIUM IS PAID; (D) LOSS TO PROPERTY IN THE CUSTODY OF TRANSPORTATION COMPANIES; NOR SHIPMENTS BY MAIL UNLESS BY REGISTERED MAIL; OR (E) LOSS TO ANY PROPERTY DESCRIBED IN THE SCHEDULE WHICH IS NOT AN ACTUAL PART OF A STAMP, COIN OR NUMISMATIC COLLECTION. If Business Personal Property is covered, WE WILL NOT COVER LOSS OR DAMAGE RESULTING FROM: (A) FREEZING, CONTAMINATION, DAMPNESS OF ATMOSPHERE, EXTREMES OF TEMPERATURES, CORROSION OR RUST; (B) BREAKAGE, MARRING, SCRATCHING, CHIPPING OR DENTING, UNLESS CAUSED BY FIRE, EXPLOSION, THEFT, WINDSTORM, VANDALISM, MALICIOUS MISCHIEF, OR COLLISION, DERAILMENT OR OVERTURNING OF THE TRANSPORTING CONVEYANCE; (C) DISHONEST ACTS OF AN INSURED PERSON'S EMPLOYEES, WHETHER IN THE SCOPE OF EMPLOYMENT OR NOT, OR ANY PERSON TO WHOM THE PROPERTY IS ENTRUSTED (EXCEPT CARRIERS FOR HIRE); (D) MECHANICAL OR STRUCTURAL FAILURE OF TOOLS, OR BREAKDOWN, DEFECT OR FAILURE OF MACHINES OR POWER TOOLS; (E) THEFT OF TOOLS FROM AN UNATTENDED VEHICLE UNLESS THE VEHICLE IS SECURELY CLOSED AND LOCKED AND EVIDENCE OF FORCIBLE ENTRY IS VISIBLE OR THE ENTIRE VEHICLE IS STOLEN OR UNLESS THE INSURED PROPERTY IS IN THE CUSTODY OF A COMMON CARRIER; (F) ANY PROCESS OR SERVICE RESULTING IN SHRINKAGE, CHANGE IN COLOR, FINISH OR OTHER CHANGE IN THE DESCRIBED PROPERTY; OR (G) DISCLOSURE OF ANY INVENTORY SHORTAGE. HOW WE SETTLE A LOSS 1. UNLESS OTHERWISE PROVIDED IN THIS ENDORSEMENT: (A) THE VALUE OF THE COVERED PROPERTY WILL BE DETERMINED AT THE TIME OF LOSS; AND (B) LOSS OR DAMAGE TO COVERED PERSONAL PROPERTY WILL BE SETTLED ON AN ACTUAL CASH VALUE BASIS. THIS MEANS THERE MAY BE A DEDUCTION FOR DEPRECIATION. PAYMENT WILL NOT EXCEED THE AMOUNT NECESSARY TO REPAIR OR REPLACE THE DAMAGED ITEMS(S) WITH PROPERTY OF LIKE KIND AND QUALITY, OR THE AMOUNT OF INSURANCE, WHICHEVER IS LESS. 2. Loss to covered Fine Arts will be settled as follows: (A) WE WILL PAY THE AMOUNT OF INSURANCE SHOWN FOR EACH DESCRIBED ITEM AND WE AGREE IT IS THE VALUE OF THE ITEM FOR THE PURPOSE OF LOSS SETTLEMENT. (B) IF THERE IS A LOSS TO A PAIR OR SET, WE AGREE TO PAY THE AMOUNT OF INSURANCE FOR THE DESCRIBED PAIR OR SET. YOU AGREE TO GIVE US THE REMAINING ITEM OR ITEMS. Loss to covered Stamps and Coins will be settled as follows: (A) WE WILL PAY UP TO BUT NOT EXCEEDING THE AMOUNT OF INSURANCE SET OPPOSITE ANYONE STAMP, COIN OR OTHER INDIVIDUAL ITEM IN CASE OF LOSS OR DAMAGE TO THAT ITEM. (B) Loss to covered property described as pairs, strips, blocks, series, sheets, covers, frames or cards will be settled as follows: (1) IF THERE IS A TOTAL LOSS, WE WILL PAY UP TO BUT NOT EXCEEDING THE AMOUNT OF INSURANCE SET OPPOSITE THE ITEM INVOLVED. Page 3 Allstate Fire and Casualty Insurance Company Policy Number: 8 16 319406 01/17 Your Agent: Steven Thomas (817) 820 -0015 For Premium Period Effective: Jan. 17, 2012 (2) IF THERE IS A PARTIAL LOSS, WE WILL PAY THE ACTUAL CASH MARKET VALUE OF THE WHOLE SET, LESS THE CASH MARKET VALUE OF THE REMAINDER AT THE TIME OF LOSS, BUT NOT MORE THAN THE AMOUNT OF INSURANCE SET OPPOSITE THE PROPERTY INVOLVED. HOWEVER, IF THE COVERED PROPERTY INVOLVED IS INSURED FOR LESS THAN THE CASH MARKET VALUE, WE WILL ONLY PAY THE PROPORTION THAT THE AMOUNT OF INSURANCE BEARS TO THE CASH MARKET VALUE. (C) When coins or stamps are covered on a blanket basis, WE WILL PAY THE CASH MARKET VALUE AT THE TIME OF LOSS NOT EXCEEDING $1,000 ON ANY UNSCHEDULED NUMISMATIC PROPERTY, AND NOT MORE THAN $250 FOR ONE STAMP, COIN OR INDIVIDUAL ITEM, OR ANY PAIR, STRIP BLOCK, SERIES, SHEET, COVER, FRAME OR CARD. (D) WE WILL NOT PAY FOR A GREATER PROPORTION OF ANY LOSS TO PROPERTY COVERED ON A BLANKET BASIS THAN THE TOTAL AMOUNT OF INSURANCE ON THE PROPERTY BEARS TO THE ACTUAL CASH MARKET VALUE OF THE PROPERTY AT THE TIME OF LOSS. Loss to covered Business Personal Property will be settled as follows: (A) WE WILL PAY UP TO BUT NOT EXCEEDING THE AMOUNT OF INSURANCE SET OPPOSITE ANY INDIVIDUAL HAND OR POWER TOOL IN CASE OF LOSS OR DAMAGE TO THAT ITEM. (B) SUBJECT TO THE AMOUNT OF INSURANCE, WE will pay for loss to property described as a pair, set or parts as follows: (1) WE MAY ELECT TO REPAIR OR REPLACE ANY PART TO RESTORE THE PAIR OR SET TO ITS VALUE BEFORE THE LOSS; OR PAY THE DIFFERENCE BETWEEN THE ACTUAL CASH VALUE OF THE PROPERTY BEFORE AND AFTER THE LOSS. (2) IN THE CASE OF A LOSS TO ANY PART OF COVERED PROPERTY, CONSISTING OF SEVERAL PARTS WHEN COMPLETE, WE WILL PAY FOR THE ACTUAL CASH VALUE OF THE PART LOST OR DAMAGED. POLICY CONDITIONS THAT APPLY THIS ENDORSEMENT IS SUBJECT TO THE PROVISIONS AND CONDITIONS OF THE POLICY WHICH APPLY TO THE PERSONAL PROPERTY PROTECTION COVERAGE OTHER THAN: 1. Limits of Liability; 2. Losses We Do Not Cover under Coverage A, Coverage B and Coverage C, sections C -F when the Extended Protection Amendatory Endorsement applies to this policy or Losses We Do Not Cover under Coverage A, Coverage B, Coverage C and Coverage FC, sections C -F the Extended Protection Amendatory Endorsement/Country Endorsement applies to this policy; 3. Losses We Do Not Cover under Coverage A, Coverage B and Coverage C, sections A -D when the Extended Protection Amendatory Endorsement does not apply to this policy; 4. Deductible; 5. Other Insurance; and 6. Any provisions or conditions which are inconsistent with this endorsement. Page 4 PROP IIIIIIIIIIiIIIIIIIRIIIIIflipl IIIIIIIIIIIIIIIIIIIIIIIIII Allstate Fire and Casualty Insurance Company Policy Number: 8 16 319406 01/17 Your Agent: Steven Thomas (817) 820 -0015 For Premium Period Effective: Jan. 17, 2012 Policy Endorsement The following endorsement changes your policy. Please read this document carefully and keep it with your policy. Texas Amendatory Endorsement- AFH17-1 A. In the General Section, the Cancellation provision is replaced by the following: Cancellation 1. You may cancel this policy at any time by notifying us of the date cancellation is to take effect. We will send you any refund due when the policy is returned to us. If this policy has been in effect for less than 60 days and is not a renewal we may cancel this policy if: a) we identify a condition that: 1) creates an increased risk of hazard; 2) was not disclosed in the application for insurance coverage; and 3) is not the subject of a prior claim; or b) before the effective date of the policy, we have not accepted a copy of a required inspection report that: 1) was completed by an inspector licensed by the Texas Real Estate Commission or who is otherwise authorized to perform inspections; and 2) is dated not earlier than the 90`h day before the effective date of the policy. An inspection report is deemed accepted, unless we reject it before the 11th day after the date the report is received by us. 3. We may cancel this policy at any time for the following reasons: a) you do not pay the premium or any portion of the premium when due. b) the Department of Insurance determines that continuation of the policy would violate the Texas Insurance Code or any other laws governing the business of insurance in this state. c) you submit a fraudulent claim. d) there is an increase in the hazard covered by this policy that is within your control and that would produce an increase in the premium rate of this policy. 4. The effective date of cancellation cannot be before the 10`h day after we mail the notice if we cancel for any of the reasons in paragraph 3, or the 30`h day after we mail the notice if we cancel for any other reason. Our notice of cancellation must state the reason for cancellation. 5. If we cancel, our notice to you will state that if the refund is not included with the notice, it will be returned on demand. 6. We may not cancel this policy solely because you are an elected official. B. In Section III — Optional Protection, Coverage JT — Increased Coverage on Theft of Jewelry, Watches and Furs is replaced by the following: Page 1 iiniifl�iiiiiiiiiiiuniiimummiiinrimm�iu Allstate Fire and Casualty Insurance Company Policy Number: 816 319406 01/17 Your Agent: Steven Thomas (817) 820 -0015 For Premium Period Effective: Jan. 17, 2012 5. Coverage JT — Increased Coverage on Theft of Jewelry, Watches and Furs The limitation on theft of jewelry, watches, precious and semi - precious stones, gold other than goldware, silver other than silverware, pewter other than pewterwa re, platinum other than platinumware or furs under Coverage C — Personal Property Protection is increased to the amount shown on the Policy Declarations. All other policy terms and conditions apply. Page 2