INSURANCE COMPANY OF NORTH AMERICA v. LEVIN et al. Yachtsman Policy

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Transcript of INSURANCE COMPANY OF NORTH AMERICA v. LEVIN et al. Yachtsman Policy

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    Case 0:10-cv-60130-JAL Document 5-1 Entered on FLSD Docket 02/11/2010 Page 2 of 29

    YachtsmanPolicy &creadonlll MlIrlne JnrurllnceOne o/the ACE Groupo/CompanicsPoHcyNumber: YltR Y06742208 RBNBWALAgency Code, Name & Address

    227475ROYAL KARINE UNDBRWRITBRS8300 EXECUTIVE CENTBR DR.KIAla, PL 33166

    This is your Yachtsman Policy's Declarations Page. Please read carefully. It gives you imponant factsabout your coverage.The Company Providing This Insurance

    The Named Insured Under This Policy:

    Address:

    The Vessel Covered By This Policy(YEARBUlL1) (UNOTH) (MAUl

    INSURANCB COMPANY OP NORTH AMERICA1601 Chestnut Stree t

    Phi lade lph ia , PA 19103(NAME)

    PRBD ANTIQUE AUTO, INCPRBDRXCX G. LEVIN AND HARILYN LEVIN316 SOUTH BAYLBN STREETPENSACOLA, PL 32501

    (NAME)'PHOENIX II'

    (MODEl.)1986 70 ' ImGNUH PLYBRIDGB SPORTThis policy will take effect on 5/16/2004 and end on 5/16/2005Itwill begin and end at 12:01 A.M. standard time, at the place where this policy was issued.

    (DOC. OR. HULL IDENT. )10)KAG70001C787

    In return for the ''Total Premiwn." listed below. we agree to provide the insurance coverages for which a premium is shown in the chartbelow.COVERAGE PROVIDED--PARTS

    ACOVERAGES

    AMOUNTOF INSURANCE

    DEDUCTIBLEAMOUNT

    Property Damage S 2,700,000 S 54,000

    BCDEFG

    Wmdstonn Deductible (Applicable ifMA-3W43c attached)Commercial Towing" Assistance S 10,000 SLiabilityCovcrage S 10,000,000 SMedical Payments S 100, 000 SUninsured Boater S 2,000,000 SUHeA SStannory Limits STrailer $ Not Covered SPersonal Property $ ~ , 100 , 000 SPremium Bearing Endt(s): See Attached EndoISements

    Lay-up Warranty - It is warranted the vessel will be laid up for part of the year, the dates are:From noon: To noon:

    oooo250

    Laid up Ashore 0 If this box is marked, you agree to layup your vessel ashore during the above period.LOSS PAVEE: We will make payments for Part A: Property Damage losses to the Assured and

    Countersigned atthis day ofMA'1N39a(l2J03) IHS11RBI) COPY

    PREMIUMS 19,608s$SS

    o5,894oo

    Exhibit A Page 2 Agent

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    Case 0:10-cv-60130-JAL Document 5-1 Entered on FLSD Docket 02/11/2010 Page 3 of 29

    ACE USA PRIVACY POLICY

    ACE USA values its relationship with you. Protecting the privacy of information we have about you is of great importance to us. Wewant you to understand how we protect the confidentialityof that infonnation about you as well as how and why we use and disclose itThe following provides details of our practices and procedures for protecting the security of nonpublic personal information about youboth while you are our customer and when you are no longer ourcustomer. This privacy policy applies to:

    Insurance Company ofNorlh AmericaACE Insurance Company of OhioAtlantic Employers Insurance CompanyACE Property & Casualty Insurance CompanyBankers Standard Insurance CompanyIndemnity Insurance Company of North America

    ACE American Insurance CompanyPacific Employers Insurance CompanyACE Insurance Company of TexasACE Insurance Company of the MidwestACE Insurance Company ofnIinois

    INFORMATION WE COLLECTThe information we collect about you will vary depending on the type of product or service you seek or purchase. and may include:

    Infonnation we receive from you. such as your name, address, age, phone number. social security number, assets. income. orbeneficiaries;Infonnation about your transactions with us. with our affiliates, or with others. such as your policy coverage. premium. paymenthistory. motor vehicle records; andInformation we receive from a conswner reporting agency. such as your credit history.

    INFORMAnO N WE DISCLOSEWe do not disclose any personal infonnation about you to anyone except as is necessary in order to provide our products or services toyou or otherwise as we are required or permitted by law.We may disclose any of the infonnation that we collect to companies that perform marketing services on our behalf or to other financialinstitutions with whom we have joint marketing agreements.

    YOUR RIGHT TO VERIFY THE ACCURACY OF INFORMATION WE COLLECTKeeping your information accurate and up to dale is important to us. You may see and correct personal information about you that wecollect except for information relating to a claim or a criminal or civil proceeding.

    CONFIDENTIALITY AND SECURITYWe restrict access to personal information about you to our employees, our affiliates' employees, or others who need to know thatinformation to service your account We maintain physical, electronic, and procedural safeguards to prolect your personal information.

    CONTACTING USIf you have any questions about this privacy statement or would like to learn more about how we protect your privacy. please consultour web site, www.ace-ina.com. or write to us at ACE USA Customer Services. Two Liberty Place. TL30K. P.O. Box 41484.Philadelphia. PA 19101-1484. Please refer to your policy number in any cOlTCspondence.

    Rce. Marine Exhibit A Page 3

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    Case 0:10-cv-60130-JAL Document 5-1 Entered on FLSD Docket 02/11/2010 Page 4 of 29

    POLICYHOLDER DISCLOSURE NOTICEOF TERRORISM INSURANCE COVERAGENamed IIIS1IRCl l'RBD ANTIQUE AUTO. INC

    l'RBDlUCK G. LEVIN AND MARILYN LEVINPolicy Symbol IPolicyNumber IPolicy PeriodY1tJt Y06742208 5/16/2004 TO 5/16/2005IssuedBy (Name ofhIswaIIccCompauy)INSURANCB COMPANY OF NORTH AMERICA

    EndolJClllClllNumber

    Effective Dale ofEndonanenl5/16/2004

    Tm s ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

    You should be aware that under the Terrorism Risk Insurance Act of 2002 (liThe Act lt ) effective November 26, 2002, anylosses caused by certified acts of terrorism under your existing coverage may be partially reimbursed by the United Statesunder a formula established by federal law (applicability is subject to the terms and conditions of each individual policy). TheAct was specifically designed to address the ability of businesses and individuals to obtain property and casualty insurance forterrorism and to protect consumers by addressing market disruptions and ensure the continued availability of terrorismcoverage.Under the terms of The Act, you may now have the right to purchase insurance coverage for losses arising out of acts ofterrorism, as defined in Section 102(1) of the Act: The term "act of terrorism" means any act that is certified by the Secretaryof the Treasury, in concurrence with the Secretary of State, and the Attorney General of the United Statesto be an act ofterrorism; to be a violent act or an act that is dangerous to human life, property; or infrastructure; to have resulted in damagewithin the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United Statesmission; and to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest,as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of theUnited States Government by coercion.

    Responsibility for Compensation under The Act is shared between insurance companies covered by The Act and the UnitedStates. Under the formula set forth in The Act, the United States pays 90% of covered terrorism losses exceeding thestatutorily established deductible, which is paid by the insurance company providing the coverage.

    We are providing you with the terrorism coverage required by The Act The premium for the coverage is set forth below.

    Terrorism Risk Insurance Act premium: $ ....iLS1*"01t.-___ _

    Authorized Agent

    TlUA.I t (tlO3) ExhibitA Page 4

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    Case 0:10-cv-60130-JAL Document 5-1 Entered on FLSD Docket 02/11/2010 Page 5 of 29

    UNSCHEDULED ELECTRONIC NAVIGATION AND COMMUNICATIONEQUIPMENTDEDucrmLE ENDORSEMENTNamed Insured FRED ANTIQUE AtrrO I DlC

    ' l I t 1 P n I l t T ~ a T .VUTU ,un . . . . . . . . . . . . . . . T.121fTNPolicy Symbol Policy Number Policy PeriodYXR Y0S742208 5/16/2004 TO 5/16/2005

    IssuedBy (Name of IIIsunIIce Company)INSURANCB COMPANY OP NORTH AMERICA

    , Endorsement NumberVessel 1

    !Eil'caive Date ofEndorsemcnt5/16/2004In consideration of an additional premium of S0 in the event of a covered loss to only the unsheduledelectronic navigation and communication equipment, it is agreed that a S5 0 0 deductible shall apply to eachoccurrence and is applicable to all losses, partial as well as total/constructive total losses of the equipmenL The unsheduledelectronic navigation and communication equipment covered by this endorsement is that which is designed for, and nonnallyattached to and fonning a pennancnt part of the insured yacht

    Should a covered loss to both the unscheduled electronic navigation and communication equipment and the insured yachtshown on the Declarations Page exceed the Part A: Property Damage deductible amount, the deductible(s) shown in thisendorsement shall not apply.

    LIMIT OF LIABILITYIt is agreed that the value of the electronic navigation and communication equipment is included and is part of the total amountof insurance shown in Part A: Property Damage on the policy Declarations Page. The most we will pay for anyone item shallnot exceed SI0,OOO.

    ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.

    W,lW79a (Si97) ExhibitA Page 5

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    Case 0:10-cv-60130-JAL Document 5-1 Entered on FLSD Docket 02/11/2010 Page 7 of 29

    ATLANTIC COAST NAVIGATION WARRANTYNameclloswed II'RBD ANTIQUE AU'l'O, IN C

    t:! T.1l'I7T It.Nn Mit. V TT.V1IT . LRVl:N' IEndoISClllCllt NumberVessel 1Policy Symbol Policy Number Policy PeriodYXR Y0674220e 5/16/2004 TO 5/1612005 IEffective Date ofEndorscmenl5/16/2004IssuedBy (NIUIIC orlnswance Company)INStJRANCB COMPANY OF NORTH AMERICA

    Warranted confined to Atlantic and Gulfcoastwise and inland tributary waters of theUnited States and Canada between Sl John, New Brunswick and Brownsville, Texas,including the waters of the Bahamas.

    ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.

    MA-1N13b (4103) l'td.ln u.s.A. I:JtnlDII ,. . ...age I

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    Case 0:10-cv-60130-JAL Document 5-1 Entered on FLSD Docket 02/11/2010 Page 8 of 29

    NlUIIcd Insured

    CAPTAIN AND CREW LIMITATIONENDORSEMENTPRED AN'l'IQtJB AUTO I IHC

    , - ~ T.1nTTt.T 1I.'Nn v" .........., LRVTNPolicy Symbol Policy NW1lber Policy PeriodYJCR Y06742208 5/16/2004 TO 5/16/2005ImIed By (Nameof Insuranco Company)

    INSURANCE COMPANY OP NORTH AMERICA

    IEftdonemeat NumberVessel 1IEffecUve Dare ofEndoISClllClll5/16/2004In consideration of the additional premium of S 1 , 050 , it is warranted that there shall not be more than (2 ) crewmember(s), including the captain, employed aboard the vessel at anyone time. The maximum limit of liability for coverageapplicable to the Jones Act or under general Maritime Law, per each accident or occuaence is $10 , 000 , 000

    It is further understood and agreed that in the event additional crew are to be employed, the Insured shall give prior notice tothis Company and pay such additional premium as is required. If the Insured shall fail to give such prior notice and at the timeofloss in respects to crew there is a greater number employed than that which is stated above, the insurance shall respond onlyin the proportion that the stated number of crew bears to the number on board at the time of the accident.

    Notwithstanding the aforementioned, the Company's maximum limit of liability under PART B: Liability Coverage shall notexceed the amount of insurance shown for Liability Coverage on the Declarations Page or endorsements attached thereto.

    ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.

    MA830lf (12103)Mil l U.S.A.cxmolt A I"'age "

    -'.:.

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    Case 0:10-cv-60130-JAL Document 5-1 Entered on FLSD Docket 02/11/2010 Page 9 of 29

    PERSONAL PROPERTY COVERAGE ENDORSEMENTNamed Insuml FRED AHTIQ'DB AUTO, INC Endorsement NumberPolicy Symbol

    YXR Y06742208ImIedBy (Namo ofJnsumncc Company)IHSORAN'CB COMPANY OF HORTH AMERICA

    ian orlbo pollcy.

    In consideration of the premium charged, the LOSS SETTLEMENT section under PART G: PERSONAL PROPERTYCOVERAGE is deleted, and replaced with the following:LOSS SETI'LEMENT: In the event of loss or damage to your insured property, we will pay the lowest of the followingamounts:a. the Part G: Personal Property Coverage limit as shown on the Declarations Page, not to exceed S10,000 for anyone iremb. actual cash value at the time of lossc. the cost to repair subject to depreciationd. the cost of replacement

    ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED

    MA3TIS (3197)

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    Case 0:10-cv-60130-JAL Document 5-1 Entered on FLSD Docket 02/11/2010 Page 10 of 29

    UNSCHEDULED DINGHY - TENDER ENDORSEMENTN ~ I n s u d PRBD ANTIQUB AUTO, INC

    ." ' t:: r.1nTTN' llN'n M 1 U ~ T T . Y N ' T.RVTt.TPolicy Symbol PoBey Number Policy PeriodiXR Y06742208 5/16/2004 TO 5/16/2005

    IssuedBy (Name of IIIsurance Company)INstJRAHCB COMPANY OF NORTH AMERICA

    IEndomemem NumberVessel 1IEffective Dare ofEndorsemeDt5/16/2004In considemion of the premium charged, covered losses to a dinghy/tender (including propulsion unit) included as InsuredProperty under this policy sball be subject to a $250.00 deductible, providing the overall length of the dinghy/tender shall notexceed 17' and the maximum horsepower for any propulsion unit shall not exceed 40 hp.

    The most we wilJ pay for any dinghy/tender andlor propulsion unit is their actual cash value, which is defined as replacement costless depreciation.Should a covered loss to both the dinghy/tender and the insured yacht shown in the Declarations Page exceed the Part A: PropertyDamage Deductible Amount, the $250.00 deductible applicable to the dinghy/tender shall not apply.

    ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.

    Aulho&Uccl Agent

    MA3ZS8 (7100) l'td. In U.S.A.

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    Case 0:10-cv-60130-JAL Document 5-1 Entered on FLSD Docket 02/11/2010 Page 11 of 29

    HVRJUCANE HAULOVT COVERAGENamecilnsured FRBD ANTIQUE AUTO, INC

    nnl ' f t 'qTt!1t ~ T.RVTN II.Nn M'I.VTT.VV T.1lVTNPoUcy Symbol Polity Nwubc:r Polity PeriodYlCR Y06742208 5/16/2004 TO 5/16/2005fUlled By (Name ofh\sulancc Compally)I:NSURAHCB COMPANY 01 ' NORTH AMBRICA

    IEndoIscment NumberVessel 1IEffective Date ofEadofsemcot5/16/2004

    InIcrtIho policy 1IUmbcr. The rcm8lndcr ofthc information illO be complctcd only wIImlhll cndoncmeQI il imcd IIIbscqUCIIIIOIbc JIICPanlion orllle policy.

    In consideration of the premium charged it is understood and agreed that coverage under Pan A: Property Damage Coverage isextended to cover the following:If the National Weather Service issues a hurricane walCh or warning for the area where your vessel is located, we will shareequally (50%) in the reasonable expenses you incur to:

    1. have your insured vessel hauled out of the water and then launched in the same general area after the watch or warninghas ended; or

    2. hire a qualified individual who is not an insured under this policy to navigate your insured vessel to a safe harbor as aresult of the hurricane watch or warning.Expenses for the acquisition of lines, anchors and additional equipment to secure your insured vessel are not included in thiscoverage.Costs incurred within the twenty-four (24) hour period prior to the walCh or warning being issued are included, providing thewatch or warning is subsequently issued. The most we will pay for anyone hurricane is S500., and for anyone policY period isS) ,000. The Part A: Property Damage Deductible Amount does not apply to this coverage.

    ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.

    MA3Z59 Pt4. In USA

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    NUlled Insured

    CAPTAIN AND CREW LIABILITY COVERAGEENDORSEMENTFRBD ANTIQUE AUTO, INCP1I1tnDT"" (, I I.RVTN' A.N'n M1'DTT.YW r.RVTW IEndorranent NIIIDbcrVessel 1

    Policy Symbol Policy Number Policy PeriodYltR Y06742208 5/16/2004 TO 5/16/2005 IEf1'ecIive Date of EadOlXmcnt5/16/2004Issued By (Name ofIlISlUDIICC Company)INSURANCB COMPANY OF NORTH AMERICA

    In consideration of the premium charged, the definition of "Covered Person" is amended to include the paid Captain (Master)and paid Crew while acting in their capacity as Captain and Crew of the insured vessel.We will defend the Captain and Crew as co-defendenlS with the named insured if necessary. {or any suit brought against thenamed insured andlor the paid captain andlor paid crew for liability arising out of the operation of the insured vessel.

    This coverage extension applies only to PART 8: LIABILITY COVERAGE, and docs not increase this Company's limit ofliability under this policy.

    ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.

    MA-9S92 (9196)~ " ' U " M -ay", "

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    Case 0:10-cv-60130-JAL Document 5-1 Entered on FLSD Docket 02/11/2010 Page 13 of 29

    INAMAROne of the ACE Group ofCompanies

    IMPORTANT NOTICEThis is the new INAMAR Recreational Marine policy form, and there are a number ofchanges from your current policy form that you need to be aware of. If you have anyquestions regarding any of the changes, or how it might affect your coverage, pleasecontact your insurance agent.Effective date: We are amending our policy to begin at 12:01 a.m., rather than 12noon. This corresponds to industry practices. If this policy is a renewal for you, there willbe no gap in coverage.Insured Property: We have broadened our coverage to automatically cover anadditional vessel, regardless of cost, as long as you report it to us within thirty (30) days.We will cover it up to the purchase price, subject to a one per cent (1 %) deductible ifthere is a loss before you report it.DinghylTender: We have added a definition for dinghy, which are automaticallycovered in the property value. If you wish to insure a dinghy separately or insure asecond vessel under our policy, you may request this coverage by providing your agentwith the specific details.Personal Watercraft: We have added a definition of personal watercraft, and specifiedthat a personal watercraft is not considered included as Insured Property. If you havesuch a watercraft, you must submit a request to your agent for this coverage.Windstorm deductible: If your mooring location is on the Atlantic (includingChesapeake Bay), Gulf of Mexico or Pacific coast, a windstorm deductible equal tothree (3) per cent of your property value shown on the declarations page (but not lessthan $1,000), will be applied on any loss caused by wind, rain or flood. This deductibleis applied even if your vessel suffers a total or constructive total loss. Our definition ofWindstorm has been added to the policy definitions.Covered Person: We have removed the exclusion for paid captain or crewmembers inour definition of Covered Person. This means that the liability of a captain orcrewmember to a third party may be covered under our policy in the event of a loss.This does not change the Limit of Liability shown on the Declarations page.Overland Transport: We have specified the terms for overland transport of yourvessel. If you are transporting it on your trailer, which is insured under this policy, thereare no restrictions on distance except your navigation limits. If someone else istransporting your vessel, there is automatic coverage within 250 miles of your homeport. If the vessel is being transported beyond that distance, you may request acoverage extension from your agent.

    Exhlbl tA Page 13

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    Case 0:10-cv-60130-JAL Document 5-1 Entered on FLSD Docket 02/11/2010 Page 14 of 29

    Property subject to Depreciation: On a covered loss, we will apply an agedepreciation on machinery inside the vessel if the vessel is over seven years of age.You may already have this restriction on your policy.Commercial Towing: We have broadened this clause by stating that the OtherInsurance Clause does not apply.Salvage Charges: We will pay up to the Property Damage limit on the policy forsalvage payments we make on a covered claim; these are in addition to payments wemake for property damage, and no deductible is applied.Zebra Mussels: We have broadened this coverage to include damage caused by zebramussels to your engine(s), generator(s) and pump(s) for the insured vessel.Medical Payments: We have broadened this coverage so that any payments madeunder this section of the policy Will not reduce the coverage limit under Liability orUninsured Boater.Personal Property: We will no longer cover mysterious disappearance or theft forpersonal property aboard your vessel unless there is visible evidence of forcible entry orremoval from the vessel, or theft of the entire vessel.Operating Other Vessels: We have changed the exclusions for this extension of yourliability coverage. Our contract will cover non-owned vessels except: (1) if they areowned wholly or partly by you, (2) if they are rented or chartered to you, (3) if they arefurnished by someone for your regular use, (4) if the vessel length is five feet or largerthan the vessel covered by this policy, (5) if the vessel is deSigned for, or capable ofspeeds in excess of 55 miles per hour or (6) if the vessel is a personal watercraft. If youhave any questions, please contact your insurance agent.War, Confiscation and Contamination: We have extended the exclusions in thisclause to specify that no coverage is provided for loss, damage, liability or expense dueto war, confiscation or contamination from radioactivity. chemical, biological, biochemical or electromagnetic causes. Please read this clause in its entirety for the fullexclusion.Our Right to Recover: We have broadened this coverage to protect your right to befully compensated if we receive recovery from another party after we have paid a loss.We recommend that you read your complete policy, and contact your agent if youhave any questions regarding your policy.

    Exhibit A Page 14

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    Case 0:10-cv-60130-JAL Document 5-1 Entered on FLSD Docket 02/11/2010 Page 16 of 29

    YACHTSMAN / WINDJAMMER / BOATSMAN POLICYQUICK REFERENCE

    DECLARATIONS PAGE Your Name and Address. . . . . . .. . .. .. .. 1 Your Insured Property . . . . . . . .. . . . . . .. . 1 Policy Period . . . . . . . . . . .. . . .. . .. .. . .... 1 Coverages. . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Amounts of Insurance . . . . . . . . . . . . . . . . . 1 Deductible. . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Lay-Up Warranty. . . . . . . . . . . . . . . . . . . . . . 1 Limits on Use. . . . . . . . . . . . . . . . . . . . . . . . . 1 Loss Payee. . . . . .. . . . . . . . . .. . . .. .. . . . . 1AGREEMENT AND DEFINITIONS Agreement . . . . . . . . . . . . . . . . . . . . . . : . . . . 3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . 3PART A:PROPERTY DAMAGE COVERAGE Perils Insured Against. . . . . . .. . . .. . .. . .. 3 Overland Transport. . . . . . . . .. . . . . . . . . . . 3 Exclusions. . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Equipment on Shore. . . . . . . . . . . . . . . . . . . 4 Deductible Amount. . . . . . . . . . . . . . . . . . . . 4 Loss Settlement. . . . . . . . . . . . . . . . . . . . . . . 4 Property Subject to Depreciation. . . . . . . . 4 Salvage Charges... . . . . . . . . . . . .. . . . . . . 4 Commercial Towing and Assistance..... 5PART B:LIABILITY COVERAGE Perils Insured Against. . . . .. .. . . .. .. . . . . 5 exclusions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Limits of Liability . . . . . . . . . . . . . . . . . . . . . . 5PARTe:MEDICAL PAYMENTS COVERAGE Perils Insured Against. . .. .. .. .. .. . . .. . . 5 exclusions. . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Loss Settlement. . . . . . . . . . . . . . . . . . . . . . . 5 Medical Payments Proof-ot-Loss . . . . . . . . 6 Additional Requirements. . . . . . . . . . . . . . . 6 Admission of Uabili ty . . . . . . . . . . . . . . . . . . 6PARTD:UNINSURED BOATER COVERAGE Perils Insured Against. . .. . .. .. .. . . .. . .. 6 Exclusions. . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Loss Settlement. . . . . . . . . . . . . . . . . . . . . . . 6

    PART E:FEDERAL LONGSHOREMEN'S AN'DHARBOR WORKERS'COMPENSATION INSURANCE..... . . . 6PARTF:VESSEL TRAILER COVERAGE Perils Insured Against. . . . . . . . . . . . . . . . . . .. 6 Exc lusions . . . . . .. . . . .. . . . . .. . . . .. . . . . .. . 7 Deductible Amount. . . . . . . . . . . . . . . . . . . . .. 7 Loss Settlement. . . . . . . . . . . . . . . . . . . . . . . .. 7PARTG:PERSONAL PROPERTY COVERAGE Property Covered .. . . . . . . . . . . . . . . . . . . . .. 7 Exclusions.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Mysterious Disappearance and/or Theft. . .. 7 Causes of Loss Which are Covered. . . . . . .. 7 Deductible ... . . . . . . . . . . . . . . . . . . . . . . . . .. 7 Loss Settlement. . . . . . . . . . . . . . . . . . . . . . . .. 7GENERAL CONDITIONS AND EXCLUSIONS -Policy Period . . . . . . " . . . . . . . . . . . . . . . . . . 8 Extension of Coverage. . . . . . . . . . . . . . . . . .. 8 Broadening Coverage '. . . . . . . . . . . . . . . . . .. 8 Policy Premium and Renewal. . . . . . . . . . . .. 8 Changes in Policy. . . . . . . . . . . . . . . . . . . . . . . 8 Conformity To State Law. . . .. . . . . . . . . . . .. 8 Cancelling the Policy . . . . . . . . . . . . . . . . . . .. 8 Return Premiums. . . . . . . . . . . . . . . . . . . . . . .. 8 Operating Other Vessel . . . . . . . . . . . . . . . . . . 8 Use of Vessel. . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Transfer of Interest. . . . . . . . . . . . . . . . . . . . . . 9 Concealment, Misrepresentation or Fraud.. 9 Dishonest, Illegal or Jntentional Acts. . . . . . . 9 No Benefits to Others. . . . . ; . . . . . . . . . . . . . . 9 War, Confiscation and Contamination...... 9GENERAL PROVISIONS INTHE EVENT OF LOSS Protection Against Loss. . . . . . . . . . . . . .. . .. 9 Aba ndon me nt. . . .. . . . .. . . . .. . . . .. . . .. . . 9 Notice of Loss . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Proof-of-Loss.. . . . . . . . . . . . . . . . . . . . . . . . . . 9 Claim of Suit Against You . . . . . . . . . . . . . . .. 10 Assistance and Cooperation . . . . . . . . . . . . . . 10 Payment of Loss . . . . . . . . . . . . . . . . . . . . . . .. 10 Our Rightto Recover . . . . . . . . . . . . . . . . . . .. 10 Salvage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Suit Against Us . . . . . . . . . . . . . . . . . . . . . . . .. 10

    ~ Other Insurance. . . . , . . . . . . . . . . . . . . . . . . . . 10Exhibit A Page 16

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    Case 0:10-cv-60130-JAL Document 5-1 Entered on FLSD Docket 02/11/2010 Page 17 of 29

    DECLARATIONS PAGE(Attach Here)

    ThIs is not a complete and valid Insurance policy withoutan accompanying Declarations Page.

    Exhibit A Page 17

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    Case 0:10-cv-60130-JAL Document 5-1 Entered on FLSD Docket 02/11/2010 Page 18 of 29

    This page intentionally left blank.

    exhibit A Page 18

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    YACHTSMAN / WINDJAMMER / BOATSMANPOLICY

    AGREEMENT AND DEFINITIONSAGREEMENTThis is a legal contract between you and us. We will provide the insurance coverage described in this policy inreturn for the premium and the compliance by all covered persons with all applicable provisions of this policy.DEFINITIONSThroughout this policy, you and your refer to the named Insured as shown on the Declarations Page, andwe, us and our refer to the company provIdIng this Insurance. In addition, certain words and phrases aredefined as follows:Insured Property is defined as:a the vessel(s) shown on the Declarations Page, including spars, sails, machinery, furniture, dinghies/tenders, outboard motors, fittings and other equipment normally required for the operation ormaintenance of the vessel; personal watercraft, mooring and cradles are excluded;b any vessel that you acquire ownership of during the Policy Period: however, you must notify us within 30days of the time you acquire the vessel and pay any additional premium required; in the event of lossduring this period, we will pay no more than Its cost to you subject to a deductible of one (1 %) percent ofthe hull value or $250., whichever is greater.Covered Person is defined as you or any person or legal entity operating your vessel(s) as shown on theDeclarations Page for private pleasure use with your direct and prior permission. It does not include anyperson or legal entity employed by, or the agent of a marina, boat repair yard, yacht club, sales agency, boatservice station or other similar organization. However, we will cover your liability for bodily injury or propertydamage caused by any of these persons or organizations. :Horsepower is defined as that amount stated by the manufacturer as peak-developed horsepower asmeasured at the flywheel.Dinghy/Tender is defined as a small craft owned by you which is used to service and maintain the insuredvessel.Personal Watercraft is defined as a vessel less than 13' in length upon which the owner sits or stands astride,and is powered by an internal water jet propulsion.Latent Defect is a flaw in the material which is existing at the time of the building of the vessel or hermachinery and which is not discoverable by the Insured through ordinary methods of testing.Tropical Depressions, Tropical Storms and Hurricanes are defined as those so deSignated by the NationalWeather Service and/or the National Hurricane Center.Uninsured Boater and Uninsured Owner-Operator means any owner or operator of a vessel, other than thevessel named in this policy, who is legally responsible for the accident and:a. to whom no liability policy applies;b. who cannot be identified, such as a hit-and-run operator.PART A: PROPERTY DAMAGE COVERAGEPERILS INSURED AGAINST: We will provide coverage for accidental. direct physical loss or damage toyour insured vessel as well as salvage charges, except as speCifically excluded in this policy.OVERLAND TRANSPORT: We y/ill provide coverage while your vessel is being transported overland,including l o a ~ l i n g and unloading, provided the distance is 250 miles or less. Distances greater than 250 milesrequire our prior written permission unless the means of conveyance is a trailer owned by y s ~ i b i t A Page 19

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    Case 0:10-cv-60130-JAL Document 5-1 Entered on FLSD Docket 02/11/2010 Page 20 of 29

    EXCLUSIONS: We do not provide coverage under Part A: Property' Damage Coverage against loss orTesulting damage from:a wear and tear, gradual deterioration, weathering, insects, mold, animals or marine life; however, coverageis provided for accidental damage resulting from zebra mussels, but only applies to engines, generators,and pumps that are attached to the insured vessel;b. marring, scratching or denting;c. osmosis or blistering;d. manufacturer's defects or defects in designs;e the cost of replacing or repairing any item having a latent defect that causes damage to your insuredproperty, however, r e s u l ~ i n g damage wou.ld be covered;f. corrosion, except electrolytic (stray current) corrosion.EQUIPMENT ON SHORE: We will provide coverage for all insured property removed temporarily from yourvessel for storage on shore. The amount of insurance on the vessel will be reduced by the amount covered onshore.DEDUCTIBLE AMOUNTa we will adjust each claim separately for a covered loss to your insured property; the amount of eachadjusted claim will be automatically reduced by the Deductible Amount shown on the Declarations Page;

    no deductible will be applied in the event of a total loss to your vessel, except for conditions outlined inparagraph b below; for deductible purposes, we will treat any two or more covered losses resulting fromthe same accident or occurrence as one claim;b if a Windstorm Deductible Amount is shown on the Declarations Page, we will apply that deductible tocovered losses caused by wind, rain, wave or hail when those losses are the result of either a TropicalDepression, Tropical Storm or Hurricane. This deductible will be in lieu of the Part A: Deductible Amountshown on the Declarations Page and will be applied to the amount of each loss. It will be applicable to allpartial, total or constructive total losses.lOSS SETTLEMENT: In the event of loss c,r damage to your insured property, we will pay the lowest of thefollowing amounts: ...a. the Part A: Property Damage Coverage limit as shown on the Declarations Page;b. the cost of replacement;c the cost to repair with no deduction for depreciation, except as specified in Part A: Property DamageCoverage and as shown in the Property Subject to Depreciation section.We will pay for a total loss to your vessel and other covered property only if:a. the vessel is completely lost or destroyed;b the cost of recovering and/or repairing the vessel is greater than the amount of insurance shown on theDeclarations Page.The cost of repairs shall be determined by yacht repair yards, equipment.repairers or surveyors agreeable tous.The amount we will pay for a total loss shall be reduced by the amount paid for repairs of prior covereddamage not completed at the time of the total loss.PROPERTY SUBJECT TO DEPRECIATION: In the event of loss or damage to your insured plastic orcanvas coverings, inclusive of all-weather bridge and cockpit enclosures, and dodgers, sails, outboard motorsor outdrive units. machinery inside the vessel which is over seven (7) years old. or components of any of thepreceding items which requires replacement or repair, we will pay the lesser of:a the actual cash value at the time of loss; .b. the cost to repair subject to depreciation;c. the cost of replacement.S A L V A ~ E CHARGES: We will pay for salvage charges you incur arising from a covered loss. Payments forsalvage charges will be in addition to any other payments we make for losses covered by this policy. However.the most we will pay for salvage charges is the Part A: Property Damage Coverage limit shown on theDeclarations Page. The Part A: Property Damage Coverage Deductible. AJ110unt does not apply to thiscoverage.

    Exhibit A Page 20.... --- ....-.., . f"'\ __ _ A _$."..-'.:--'

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    Case 0:10-cv-60130-JAL Document 5-1 Entered on FLSD Docket 02/11/2010 Page 21 of 29

    COMMERCIAL TOWING AND ASSISTANCE: We will provide additional protection in the event there isan emergency situation where you and your vessel are not in imminent danger. The. coverage shall bedeemed excess over all other valid and collectible towing assistance benefits. We will reimburse you for thereasonable costs you incur, not to exceed the Commercial Towing And Assistance Amount of Insuranceshown on the Declarations Page, resulting from the following services to your vessel if help is not availableand you must obtain commercial assistance:a. towing to the nearest place where necessary repairs can be made;b delivery of fuel, 011. parts or loaned battery (excluding the cost of these items themselves) and emergencylabor, while away from safe harbor.Neither the policy deductible nor the OTHER INSURANCE paragraph under GENERAL PROVISIONS IN THEEVENT OF LOSS apply to this coverage.PART B: LIABILITY COVERAGEPERILS INSURED AGAINST: We will pay sums that you or a covered person become legally obligated topay as a result of the ownership, operation or maintenance of your Insured vessel because of:a. attempted or actual raising, removal or destruction of the wreck of your insured property;b. failure to raise, remove or destroy the wreck of your insured property;c. bodily Injury or loss of l i fe ; ' .d. your liability to paid crew as defined In the Jones Act or under general Maritime Law;e. loss or damage to any property;f. pollution or contamination of any kind.EXCLUSIONS: We do not provide coverage under Part 8: Uabili ty Coverage for:a. liability of other covered persons to you, your spouse, or other persons who reside in your household;b. your liability to your spouse, or other persons who reside in your household;c. liability assumed by you under any contract or agreement;d liability that arises while your insured property is being.conveyed except at the point the vessel is hauledout of the water or launched;e. fines or other penalties that any government unit requires you to pay;1. punitive damages.LIMITS OF LIABILITY: We will pay no more than the amount of insurance shown on the Declarations Pagefor all damage or losses result ing from:a anyone accident or occurrence; with respect to pollution or contamination of any kind, we will pay up tothe Part 8: Uability Coverage l imit shown on the Declarations Page, or $500,000, whichever Is greater;b any series of accidents or occurrences arising out of the same event; this is the most. we will payregardless of the number of covered persons Involved, claims made, vessels or premiums shown on theDeclarations Page or the number of vessels involved.PART C: MEDICAL PAYMENTS COVERAGEPERILS INSURED AGAINST: We will pay for reasonable medical, ambulance, hospital, professionalnursing and funeral costs that become necessary due to accidental bodily injury to persons injured while in,u!)on, boarding, leaving or towed behind your insured vessel. We will pay only for those costs incurred withinone year of the date of accident.EXCLUSIONS: We do not provide coverage under Part C: Medical Payments Coverage for:a any employee of yours injured while in the course of employment or while using, maintaining or repairingyour Insured property;b. any responsibility for payment assumed by you under contract or agreement;c. anyone who is injured while your insured property is being conveyed, hauled out or launched;d. anyone to or for whom benefits are payable under any state or federal compensation law or act.LOSS SETTLEMENT: We will pay no more than the amount of insurance shown for Part C: MedicalPayments Coverage on the Declarations Page for all covered costs of each person Injured as a result of anyone accident or series of accidents arising out of the same event. Exhibit A Page 21

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    Case 0:10-cv-60130-JAL Document 5-1 Entered on FLSD Docket 02/11/2010 Page 22 of 29

    .; ,..

    nMEDICAL PAYMENTS PROOF-OF-LOSS: A written, sworn proof-of-Ioss must be filed with us by anyperson seeking payment by us under Part C: Medical Payments Coverage, or by someone on their behalf. Thisproof-at-loss must include:a. the name and address of each person and organization performing covered services;b. the nature, extent and dates of these services; andc. itemized charges and any sums already paid.This proof-of-Ioss must be filed:a. as soon as reasonably possible after completion of services;b as soon as reasonably possible atter the cost of services being provided equals the amount of our liabilityunder Part C: Medical Payments Coverage on the Declarations Page;c. within one year of the date of the accident, whichever of the above occurs first.ADDITIONAL REQUIREMENTS: Each person seeking payment by us under Part C: Medical PaymentsCoverage must:a submit to a physical examination by a physician selected by us when and as often as we reasonablyrequire; we will pay for the cost of the examination; andb. provide us with written authorization for release to us of copies of pertinent medical reports and records.ADMISSION OF LIABILITY: Any payinent made under this section is not an admission of liability by you orus.PART D: UNINSURED BOATER COVERAGEPERILS INSURED AGAINST: We will pay for the damages which, because of bodily injury received aboardyour vessel, you are legally entitled to recover from the uninsured owner or operator of another vessel.EXCLUSIONS: We do not provide coverage under Part D: Uninsured Boater Coverage:a. for claims settled without our written consent;b. if the uninsured vessel is owned by a government agericy or unit;c for vessels owned by or furnished for your regUlar use, or the use of a member of your immediate family orany person insured by this policy;d. for an insured person using a vessel without permission;e where no evidence of physical contact exists between your vessel and an unidentified vessel, or where noevidence of physical contact exists between your vessel and an uninsured vessel.LOSS SETTLEMENT: The amount shown for Part D: Uninsured Boater Coverage on the Declarations Pageis the most we will pay under Part 0, regardless of the number of insured persons, claims made or vesselsinvolved in anyone accident or series of accidents arising out of the same event. This coverage will not applydirectly or indirectly to the benefit of any insured under any state or federal compensation law or act. Paymentmade for this coverage to or for an insured person will reduce the amount that person is entitled to recoverfrom the Part B: Uability Coverage of this policy.PART E: FEDERAL LONGSHOREMEN'S AND HARBOR WORKERS'COMPENSATION INSURANCEWhen insurance is provided under Part B: Liability Coverage, insurance is also provided under this section. Wewill provide coverage for any liability which you, as owner of the insured property, incur during the term of thepolicy under Part E: Federal Longshoremen's and Harbor Workers' Compensation Insurance.PART F: VESSEL TRAILER COVERAGEPERILS INSURED AGAINST: We will provide coverage for aU accidental, direct physical loss or damage toany trailer listed on the Declarations Page, but only:a. If used exclusively for transporting the vessel; andb. while located in the continental United States Including Alaska, Hawaii, Puerto Rico or Canada.

    Exhibit A Page 22- ..-.,,'

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    Case 0:10-cv-60130-JAL Document 5-1 Entered on FLSD Docket 02/11/2010 Page 23 of 29

    EXCLUSIONS: We do not provide coverage for wear and tear, gradual deterioration or manufacturer's. defects.DEDUCTIBLE AMOUNT: We will adjust each claim separately for a covered loss to your insured property.The amount of adjusted claim will be automatically reduced by the Deductible Amount shown on theDeclarations Page. We will treat each covered loss as a separate claim. For deductible purposes, we will treattwo or more covered losses resulting from the same accident or occurrence as one claim.LOSS SETTLEMENT: In the event of loss or damage to the vessel trailer, we will pay the lowest of thefollowing amounts:a. the Part F: Vessel Trailer Coverage limit as shown on the Declarations Page;b. the actual cash value at the time of loss;c. the cost to repair subject to depreciation;d. the cost of replacement.PART G: PERSONAL PROPERTY COVERAGEPROPERTY COVERED: We will cover clothing. personal effects. fishing gear and sports equipment thatbelong to you or members of your family while these items are on board your vessel, or are being loaded orunloaded. If you choose, we will provide the same coverage to guests and unpaid crew members. We will notcover money, jewelry, traveler's checks or any other valuable papers or documents.EXCLUSIONS: We do not provide coverage under Part G: Personal Property Coverage against loss orresulting damage from:a wear and tear, mechanical breakdown, gradual deterioration, weathering. insects, mold, animals, marinelife. ice, freezing or extremes of temperature;b. marring, scratching or denting;c. osmosis, blistering. electrolysis or corrosion;d. manufacturer's defects, defects in deSigns or l a t ~ n t defetts.MYSTERIOUS DISAPPEARANCE AND/OR THEFT: The coverages provided herein do not insure themysteriOUS disappearance and/or theft of any covered property unless:a. there is visible evidence of forcible entry into the cabin of the insured vessel;b. there is visible evidence of forcible removal of covered properties from the insured vessel;c. there is a theft of the entire vessel.CAUSES OF LOSS WHICH ARE COVERED: We will cover direct physical loss or damage from anyexternal cause, except as specifically excluded in this policy.DEDUCTIBLE: We will adjust each claim separately for a covered loss to your insured property. The amountof adjusted claim will be automatically reduced by the Deductible Amount shown on the Declarations Page.We will treat each covered loss as a separate claim. For deductible purposes, we will treat two or morecovered losses resulting from the same accident or occurrence as one claim.LOSS SETTLEMENT: In the event of loss or damage to your insured property, we will pay the lowest of thefollowing amounts:a. the Part G: Personal Property Coverage limit as shown on the Declarations Page;b. the actual cash value at the time of loss;c. the cost to repair subject to depreciation;d. the cost of replacement.The OTHER INSURANCE paragraph under GENERAL PROVISIONS IN THE EVENT OF LOSS does not applyto PART G: PERSONAL PROPERTY COVERAGE.

    Exhibit A Page 23

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    GENERAL CONDITIONS AND EXCLUSIONSPOLICY PERIOD: This policy applies only in the event of an accident or loss which occurs during the PolicyPeriod as shown on the Declarations Page.EXTENSION OF COVERAGE: If the Navigation Warranty included in this policy, or the Lay-Up Warrantyshown on the Declarations Page, are breached due to matters beyond your control, the policy will remain ineffect, but only if you give us written notice of the breach within ten (10) days after the breach and pay anyadditional premiums due for this extension of coverage. If the Navigation Warranty or Lay-Up Warranty arebreached voluntarily there shall be no coverage under this policy without both prior notice to us and approvalby us.BROADENING COVERAGE: If, during the Policy Period, we make any revision to this policy whichbroadens the coverage without additional premium, the broadened coverage will apply as of the effective dateof such revision.POLICY PREMIUM AND RENEWAL: The premium shown on the Declarations Page Is the initial premiumfor this policy. If we agree to renew or continue the policy, then at the time of each renewal or continuation of,on the policy anniversary date. the premium for the renewal or continuation wil l be computed by us accordingto our premium rules, forms and guidelines then in use.CHANGES IN POLICY: This policy contains all of the agreements between you and us. Its terms may notbe changed or waived except by an endorsement issued by us. If a change requires a premium adjustment,we will adjust the premium as of the effective date of the policy change.CONFORMITY TO STATE LAW: When a provision of this policy is in conflict with the applicable law of thestate in which this policy is issued, then the law of the state shall apply.CANCELLING THE POLICY: You may cancel this policy by returning it to us or our authorized agent, orby advising us or our authorized agent in writing. stating the future date you want it to be cancelled. We maycancel this policy by delivering or mailing to you at your last address shown on our records. written noticestating when, not less than 15 days after mailing, the policy will be cancelled. Delivery or mailing of this noticeto you shall be sufficient proof that notice of cancellation was given. The date of the cancellation stated in thenotice shall become the end of the Policy Period.RETURN PREMIUMS: If this policy is cancelled, you may be entitled to a premium refund. If we cancel thepolicy, any return premium will be computed on a pro-rata basis. If you cancel the policy, any return premiumwill be computed on a 90% pro-rata basis. No premiums will be returned to you i1 we have paid you for a totalor constructive total loss of the vessel insured under this policy. Any return premium will be paid to you assoon as possible after the cancellation. .OPERATING OTHER VESSELS: We will extend the liability coverage provided by Part B: UabilityCoverage If you are operating another vessel with the permission of its owner. In addit ion, if there is a coveredproperty loss, we will pay at the time of the loss up to the amount of insurance shown on Part A: PropertyDamage Coverage of the Declarations Page. Both amounts are subject to the deductible amount as shown. Ifthere is any other insurance against a loss covered by this provision, we will provide coverage only as excessover such other insurance. We do not provide any coverage while you operate other vessels if:a. the vessel is owned wholly or in part by you;b. the vessel is rented or under charter to you, or being used for purposes other than private pleasure use;c. the vessel is furnished for your regular use;d. the vessel length exceeds that of the insured vessel by at least five (5) feet;e.the vessel is designed for, or capable of, speeds in excess of 55 miles per hour;f. the vessel is a personal watercraft.

    Exhibit A Page 24

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    Case 0:10-cv-60130-JAL Document 5-1 Entered on FLSD Docket 02/11/2010 Page 25 of 29

    USE OF V E S S ~ L : We do not provide any coverage while your insured property is used for any type ~ f charter, to carry passengers for hire, to carry property for a fee or for any other commercial use. We willprovide coverage while you are attempting to aid other vessels in distress. provided there is no considerationfor your services.TRANSFER OF INTEREST: All coverage provided by us will terminate upon the sale, assignment,transfer or pledge of the insured property or of this contract unless prior written consent has been obtainedfrom us.CONCEALMENT, MISREPRESENTATION OR FRAUD: All coverage provided by us will be voidedfrom the beginning of the Policy Period if you intentionally conceal or misrepresent any material fact orcircumstance relating to this contract of insurance. or the application for such insurance. whether before oratter a loss.DISHONEST, ILLEGAL OR INTENTIONAL ACTS: We do not pay for loss or damage caused by thedishonest, Illegal or intentional acts of any covered person, or any person to whom your insured property isentrusted, regardless of whether or not such person Is convicted of such an act by a criminal court.NO BENEfiT TO OTHERS: No person or organization which has custody of your insured property and isto be paid for services will benefit from this insurance.WAR, CONfiSCATION AND CONTAMINATION: We do not provide any coverage for loss. damage,liability or expense due to:a war, including undeclared war, civil war, insurrection, rebellion. revolution, warlike act by military force ormilitary personnel, destruction or seizure for military purpose and including any consequence of these;b the lawful or unlawful capture, seizure, confiscation, requisition or detainment of your vessel by a civil ormilitary authority or an attempt at any of these;c. radioactive. chemical, biological, bio-chemical or electromagnetic contamination.GENERAL PROVISIONS IN THE EVENT OF LOSSPROTECTION AGAINST LOSS: If your vessel or other property covered by this policy is damaged, youmust take all reasonable steps to protect it from further damage. We will reimburse you for reasonableexpenses for protecting the property from further damage. Payments for protecting damaged property will bein addition to any other payments we make for losses covered by this policy. However, the most we will payfor protecting damaged property is the coverage limit which applies to that property.ABANDONMENT: If we take any steps to protect damaged property, this does not mean we are acceptingan abandonment of the property. And, if you take steps to protect damaged property, this does not meanyou are waiving any rights you have to abandon the property.NOTICE OF LOSS: You must report in writing to us, or our authorized agent, as soon as possible after theoccurrence of any accident, loss, damage or expense that may be covered under this policy. This noticeshould state when. where and how the event occurred, and should include the names and addresses of anywitnesses. Y6u are also required to notify the police and file a police report as soon as you are aware thatyour propertY has been stolen or vandalized. If you do not provide the notice to us as required by thissection as soon as possible, any claim for such loss under this policy will be voided.PROOF-Of-lOSS: You must file with us or our authorized agent, as soon as possible after our writtenrequest, a detailed proof-of-Ioss signed and sworn to by you setting forth to the besfof your knowledge. thefacts of the loss. We may also require you to submit to an examination under oath. See Part C: MedicalPayments Coverage for special proof-of-Ioss requirements for medical payments claims.

    Exhibit A Page 25P $ l n ~ Q n f ~ ?

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    CLAIM OR SUIT AGAINST YOU: If a claim is made or suit is brought against you or a Covered person for liability that may be covered under this pOlicy, you must Immediately notify us and send us everydemand, notice, summons or other legal papers received by you or your representative. We will pay theensuing cost of the suit. We will also have the option of naming attorneys to represent you. Payments for thecost of your legal defense will be in addition to payments we make under your coverage for liability claimsagainst you.ASSISTANCE AND COOPERATION: Any person making a claim must:a cooperate with us in the investigation, settlement or defense of any claim or suit under this policy;b assist us In the enforcement of any right of contribution or indemnity against any person or organizationwhich may be liable to any covered person;c allow us to inspect and appraise all damaged property, not stolen or otherwise unrecoverable, before it.is repaired or disposed of;d. sign a written authorization permitting us to obtain medical files and other pertinent records; .e submit, at our expense and as often as we reasonably require, to a physical examination by physicianswe select and at the time and place we select;f not assume any obligation or admit any fault or liability that you or we may be liable for without firstobtaining our written consent; andg not incur any expenses that we may be liable for without first obtaining our written consent; the onlyexpenses you may incur without obtaining our written consent are those covered under Part C: MedicalPayments Coverage of this policy, or as described in General Provisions In The Event Of Loss in theProtection Against Loss section.

    PAYMENT OF LOSS: Unless a claim has been paid by others, we will pay for any loss covered under thispolicy within thirty (30) days after both the detailed sworn proof-of-Ioss and proof of your interest in theinsured property are given to us. However, should a covered loss to your insured vessel result in a total orconstructive total loss, the poliCy premium shall be paid in full prior to the final claim payment.OUR RIGHT TO RECOVER:If we make a payment under this policy and the person to or for whom payment was made recovers or hasthe right to recover from another for the covered loss, we will be subrogated to that right: however, our rightto recover is subordinate to the insured's right to be fully compensated.SALVAGE: If we have made payment under this policy for loss or damage, and if there is salvage orrecovery as a result of that loss or damage, we have the right to recover that salvage or recovery to theextent of our payment.SUIT AGAINST US: You may not bring a suit against us unless you have complied with all terms andconditions of this policy. In addition:a with respect to any claim or loss to insured property, any suit against us must commence within one (1)year of the date of loss or damage;b with respect to any other claim for loss, no suit may be brought against us until the amount of thecovered person's obligation to pay has been determined by final judgments after trial or by writtenagreement signed by you, us and the claimant; any such legal action against us must commence within

    one year of the date of judgment or written agreement;c no one shall have any right to join us as a party to any action against a covered person:d if any time limitations of this policy are prohibited or Invalid under the law, then legal action against usmust commence within the shortest limitation of time permitted by such law.OTHER INSURANCE: If any covered person has any other insurance against a property damage losscovered under this policy, we will not pay for any greater proportion of the loss than our applicable amountof insurance stated on the Declarations Page bears to the total amount of insurance covering the loss. Withrespect to a liability, medical payments and/or uninsured boater loss, any Insurance provided by thiScontract shall be deemed excess over all other valid and collectible insurance.

    Exhibit A Page 26

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    SIGNATURESThe only signatures applicable to this policy are those representing the company named on theDeclarations Page.By signing and delivering the policy to you, we state that it is a valid contract when countersigned by ourauthorized representative.

    Insurance Company of North AmericaPhiladelphia. Pennsylvania ACE American Insurance CompanyPhiladelphia, Pennsylvania

    Exhibit A Page 27""___ ., .. _ 4 .. "

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    Exhibit A Page 28. '" .

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