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ISO Coverage Form

Summary: Insurance Services Office (ISO) has developed a personal umbrella form. Since many member companies have already developed their own forms, this program will not be filed on behalf of member companies. Each individual company can determine whether to adopt the form, and, if so, when to make it effective. Individual companies will also determine underlying limit requirements, deductibles, retention amounts, and coverage limits.

The personal umbrella policy DL 98 01 10 06 may be used as a stand-alone form, or in combination with homeowners and auto forms to cover most insureds needs. It is a true umbrella in that it provides excess limits following underlying coverage forms, and also provides coverage for situations excluded or not addressed by underlying forms. The form was updated in 2006 to correspond to changes made to the current Homeowners forms. Following is a discussion of the form, and a listing of endorsements that can be used to modify coverage.

Topics covered:Definitions CoveragesExclusions Maintenance of underlying insuranceDuties after lossGeneral provisionsEndorsements

Definitions

I. Definitions

A. Throughout this policy, “you” and “your” refer to:

1. The “named insured” shown in the Declarations; and

2. The spouse if a resident of the same household.

B. “We,” “us” and “our” refer to the Company providing this insurance.

C. For purposes of this policy, a private passenger type auto, pickup or van shall be deemed to be owned by a person if leased:

1. Under a written agreement to that person; and

2. For a continuous period of at least 6 months.

Other words and phrases are defined. They are in quotation marks when used.

D. “Aircraft Liability”, “Hovercraft Liability”, “Recreational Motor Vehicle Liability” and “Watercraft Liability”, subject to the provisions in 2. below, mean the following:

1. Liability for “bodily injury” or “property damage” arising out of:

a. The ownership of such vehicle or craft by an “insured”;

b. The maintenance, occupancy, operation, use, loading or unloading of such vehicle or craft by any person;

c. The entrustment of such vehicle or craft by an “insured” to any person;

d. The failure to supervise or negligent supervision of any person involving such vehicle or craft by an “insured”; or

e. Vicarious liability, whether or not imposed by law, for the actions of a child or minor involving such vehicle or craft.

2.For the purpose of this definition:

a.Aircraft means any contrivance used or designed for flight, except model or hobby aircraft not used or designed to carry people or cargo;

b.Hovercraft means a self-propelled motorized ground effect vehicle and includes, but is not limited to, flarecraft and air cushion vehicles;

c.Watercraft means a craft principally designed to be propelled on or in water by wind, engine power or electric motor; and

d.Recreational Motor Vehicle means a “recreational motor vehicle” as defined in Paragraph N.

E. “Auto” means:

1. A private passenger motor vehicle, motorcycle, moped or motor home;

2. A vehicle designed to be pulled by a private passenger motor vehicle or motor home; or

3. A trailer, farm wagon or farm implement while towed by a private passenger motor vehicle.

F. “Bodily injury” means bodily harm, sickness or disease, including required care, loss of services and death that results.

G. “Business” means:

1.A trade, profession or occupation engaged in on a full-time, part-time or occasional basis; or

2.Any other activity engaged in for money or other compensation, except the following:

a.One or more activities, not described in b. through d. below, for which no “insured” receives more than $2000 in total compensation for the 12 months before the beginning of the policy period;

b.Volunteer activities for which no money is received other than payment for expenses incurred to perform the activity;

c.Providing home day care services for which no compensation is received, other than the mutual exchange of such services; or

d.The rendering of home day care services to a relative of an “insured”.

H. “Family member” means a resident of your household who is:

1. Your relative, including a ward or foster child; or

2. Under the age of 21 and in the care of you or an “insured” who is age 21 or over.

Analysis

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