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The Insurer agrees to insure the Master Policyholder and Certificateholders under this Master Policy with respect to Property Damage and physical loss of Insured Goods to which this Master Policy applies. The Master Policyholder will provide each Certificateholder an email Certificate as evidence of insurance under this Master Policy. Each Certificate will set forth the coverage provided under this Master Policy, the Per Claim Limit of Insurance, the applicable Deductible and all material terms and conditions of this insurance. The coverage(s) applicable to a Certificateholder under this Master Policy will be based on the type of services arranged or provided by Master Policyholder to Certificateholder.
A. Coverage A - Transportation Services
If Transportation Services are arranged or provided by Master Policyholder for a Certificateholder, then the Insurer will insure the Certificateholder for Property Damage of Insured Goods resulting from negligent packing services arranged or provided by the Master Policyholder; provided, however, coverage for Transportation Services will only apply:
If the Master Policyholder arranges or provides the Transportation Services for the Certificateholder; and
To the Insured Goods once in the care, custody or control of the Transportation Services Provider and while in transit to their final destination. Coverage ends once the Insured Goods are accepted by the Certificateholder or the Certificateholder’s representative at their final destination.
B. Coverage B – Lumper Services
If Lumper Services are arranged or provided by Master Policyholder for a Certificateholder, then the Insurer will insure the Certificateholder for Property Damage or physical loss of Insured Goods resulting from negligent packing, loading or unloading of Insured Goods by a Lumper providing Lumper Services; provided, however, coverage for Lumper Services will only apply:
If the Master Policyholder arranges or provides the Lumper Services for a Certificateholder; and
To Insured Goods that are damaged or lost as a result of the Lumper Services.
A. Damage to Wood Floors
In the event that wood floors are damaged as a result of Lumper Services or Transportation Services, the Insurer will pay to repair or replace the local area damaged to the extent necessary to restore it to the same condition it was in prior to receipt of the Lumper Services or Transportation Services. The Insurer will not pay to resurface or refinish the entire floor and does not guarantee an exact match with any original pre-services finish. In addition, the Insurer will only offer the reasonable market rate, in its sole discretion, for repair of the local area that was damaged.
B. Damage to Handrails, Walls, Doors, and Drywall
The Insurer may, but shall not be required to, assume liability for damages that the Insurer determines, in its sole discretion, constitutes significant damage to handrails, walls, doors, and/or drywall. In such case, the Insurer will, at its option, either: 1. Repair the damage to the extent necessary to restore it to the same condition prior to receipt of the Lumper Services or Transportation Services; or 2. Pay for the cost of such repairs based on a reasonable market rate for such services, as determined by the Insurer in its sole discretion.
C. Damage to Mailboxes
If a mailbox is damaged while receiving Lumper Services or Transportation Services, the Insurer will, at its option, either: 1. Repair the damage to the extent necessary to restore it to the same condition in which it existed prior to the receipt of the Lumper Services or Transportation Services;
Pay the cost of such repairs based on a reasonable market rate for such services, as determined by the Insurer in its sole discretion;
Replace the damaged mailbox with one of like kind and quality; or
Pay for the cost of a replacement with one of like kind and quality.
Insured Goods does not include:
A. Particleboard, chip-core, or pressboard furniture.
B. Items made exclusively of, or a composite of, natural materials including, but not limited to, marble, slate, and stone.
C. Electronics or appliances that fail to operate after being moved and/or reconnected.
D. Motorized vehicles including automobiles, motorcycles, and boats.
E. Firearms, firearm parts, weaponry, ammunition, and fireworks.
F. Furs, including, but not limited to, fur clothing, fur-trimmed clothing, and fur pelts.
G. Cellular telephones and other cellular devices; desktop, laptop and tablet computers and similar devices; gaming consoles, gaming systems, and handheld electronic gaming devices.
H. Live animals of all varieties.
I. Flowers, trees, plants, and shrubs of all varieties.
J. Artwork, including, but not limited to, items such as paintings, drawings, vases, tapestries, limited-edition prints, fine art, statuary, sculpture, and collector’s items.
K. Film, photographic images, photographic negatives, photographic chromes, and photographic slides.
L. Antiques, or any item that exhibits the style or fashion of a past era and whose history, age, or rarity contributes to its value. These items include, but are not limited to, furniture, tableware, musical instruments, and glassware.
M. Jewelry, including, but not limited to, costume jewelry, watches and their parts, mount gems or stones (precious or semiprecious), industrial diamonds, and jewelry made of precious metal.
N. Precious metals, including, but not limited to, gold and silver bullion or dust, precipitates or platinum, except as an integral part of electronic machinery.
O. Stocks, bonds, cash letters or cash equivalents, including, but not limited to, food stamps, postage stamps, traveler’s checks, lottery tickets, money orders, bond coupons, and bearer bonds.
P. Collector’s items such as coins, stamps, sports cards, souvenirs, and memorabilia.
Q. Any commodity or item that by its inherent nature is particularly susceptible to damage or the market value of which is particularly variable or difficult to ascertain.
R. Vehicles(s), trailer(s), and container(s) carrying the Insured Goods.
T. Illegal drugs as determined by federal law.
U. Prescription and medical devices.
V. Perishable items, including, but not limited to, frozen or refrigerated foods, plants and produce.
W. Flammable or combustible items, including, but not limited to, alcohol, acids, oils, paints, ammonia, bleach, gasoline, motor oil and petroleum products.
X. Items with compressed gases, including, but not limited to aerosols, engine starter fluid, propane tanks and scuba diving tanks.
A. The following applies to all coverages under this Master Policy:
This insurance does not apply to:
Any special, incidental, or consequential damages arising from any claim, including, but not limited to, loss of market share, loss of revenues or profits, loss of use, claims of customers, interest charges, or increased costs of any nature whatsoever.
Any Property Damage or physical loss caused by the irretrievability of data stored on media of any type, or for loss of information, including without limitation personal, health, or financial information.
Any Property Damage or physical loss caused by ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the Insured Goods.
Claims attributable to the wilful misconduct of the Certificateholder.
Any Property Damage or physical loss caused by rust, oxidation, or discoloration of unpacked or unprotected cargo.
Any Property Damage or physical loss caused by inherent vice or nature of the Insured Goods.
Any Property Damage or physical loss caused by war, civil war, revolution, rebellion, insurrection, or civil strife, or any hostile act by or against a belligerent power, acts of public authorities acting with actual or apparent authority, or any acts or omissions of customs or similar authorities.
Any Property Damage or physical loss to wood floors, handrails, walls, drywall, doors, or mailboxes except to the extent such coverage is provided under Section III – Additional Coverage for Damages To Real and Certain Other Related Property.
Any Property Damage or physical loss to real property, including, but not limited to, lawns; landscaping; sprinklers; sidewalks; driveways including, without limitation, any cosmetic damage to driveways or other concrete or paved areas.
Any Property Damage or physical loss to property which is stolen or which the Certificateholder does not have a lawful right to possess.
Any physical loss to property that is not inventoried by the Certificateholder and provided to the Master Policyholder, Lumper and/or Transportation Services Provider prior to receiving such Lumper Services and/or Transportation Services.
Any Property Damage or physical loss to property that weighs in excess of 300 pounds or for any items that exceed the clearance of hallways, stairways, or doorways when such items are not disassembled prior to being moved. Common oversized or extremely heavy items include, but are not limited to, certain musical equipment such as grand pianos, pool tables, hot tubs, ceramic grills, full-size copiers, fireproof cabinets/safes, grandfather clocks, workbenches, and exercise equipment.
Any pre-existing damages to Insured Goods.
Any Property Damage or physical loss caused by any Lumper Services or Transportation Services to Insured Goods resulting only in minor dents, nicks or scratches, including but not limited to, paint damage.
Repair or replacement of Insured Goods without the Insurer’s prior written consent.
Any Property Damage or physical loss to Insured Goods which are not properly protected prior to receiving Lumper Services or Transportation Services.
Any Property Damage or physical loss caused by Acts of God, rioting, fire, explosion, flood, sabotage, transportation or labor strike, lockouts, or injunctions, compliance with governmental laws, regulations, or orders, or any other cause whether or not of the same class or kind enumerated herein which affects performance of this Master Policy arising from or attributable to acts, events, omissions, or accidents beyond the reasonable control of the Insurer or the provider providing the Lumper Services or Transportation Services.
Any Property Damage or physical loss to Insured Goods caused by a motor vehicle accident.
Any claim for bodily injury.
B. The following only applies to Coverage A.:
This insurance does not apply to:
C. The following only applies to Coverage B.:
This insurance does not apply to:
Any Property Damage or physical loss to Insured Goods that occurs in transit when the Certificateholder has only elected coverage for Lumper Services.
Any Property Damage or physical loss to any electronics or appliances that occurs during or as a result of disconnection by a Lumper. This includes any damage to structural plumbing, an electrical system, or water damage that may occur.
Any Property Damage or physical loss caused by the insufficiency or unsuitability of packing or preparing Insured Goods to withstand the ordinary incidents of transit where such packing or preparation is carried out by anyone other than a Lumper Services employee.
A. Per Claim Limit of Insurance
The most the Insurer will pay per claim is the Per Claim Limit shown on the Schedule of each Certificate. The Insurer shall not be obligated to pay any claim after the applicable Per Claim Limit shown on the Declarations Page has been exhausted by the payment of a claim.
The Insurer will subtract the Deductible shown on the Schedule of each Certificate from the amount of the loss payable under each Certificate.
A. Certificateholder means a customer of the Master Policyholder who has elected coverage for Insured Goods under a Certificate.
B. Certificate means the Insurance Certificate that is issued to a Certificateholder that provides proof of coverage under this Master Policy.
C. Insured Goods means the lawful goods and merchandise of a Certificateholder being transported under the Master Policyholder’s terms of service, an order form, a bill of lading, tariff, services agreement, shipping receipt, or contract of carriage.
D. Insurer means Centerline Property and Insurance Company.
E. Lumper means the third-party, or other service provider authorized by Master Policyholder, providing services to a Certificateholder to:
F. Lumper Services means the services provided by a Lumper, as described in Section VII.E.
G. Master Policyholder means the Master Policyholder identified in Item 2. of the Declarations Page.
H. Property Damage means physical injury to the Insured Goods.
I. Transportation Services Provider means the third-party, or other service provider authorized by Master Policyholder, providing services to a Certificateholder to transport Insured Goods by either vehicle, truck, trailer or semitrailer to a destination specified in an order form, a bill of lading, tariff, services agreement, shipping receipt, or contract of carriage.
J. Transportation Services means the services provided by a Transportation Services Provider, as described in Section VII.I.
A. Premium Reporting and Remittance
The Master Policyholder agrees to provide the Insurer a monthly report of all Insured Goods in a form reasonably satisfactory to the Insurer. The Master Policyholder shall deliver said report no later than fifteen (15) days after month end for which coverage applied. Master Policyholder further agrees to remit the applicable premiums to the broker identified in Item 8. of the Declarations no later than thirty (30) days after month end for which coverage applied.
B. Coverage Territory
The United States of America, including its territories and possessions.
The Insurer’s liability for Property Damage or physical loss is the lesser of the Insured Goods’ repair cost or replacement cost and never more than the policy limit on the Declarations Page.
D. Loss Payment
The Insurer will pay or make good any loss covered under this Master Policy within thirty (30) days after:
The Certificateholder has complied with all of the policy conditions;
The Insurer reaches agreement with the Certificateholder;
The entry of final judgment; or
The filing of an appraisal award.
The Certificateholder has paid the Master Policyholder, in full, for all services rendered or arranged.
The Insurer will not be liable for any part of a loss that has been paid or made good by others absent the prior written consent of the Insurer.
When the Insurer pays a claim, all rights, title to, and interest in the applicable Insured Goods shall thereupon pass to the Insurer, unless otherwise agreed by Insurer and Certificateholder.
E. Duties in the Event of Loss to Insured Goods
The Certificateholder must do the following in the event of loss to Insured Goods:
The Certificateholder shall give notice in writing or via email using the Notice of Claim contact information shown in the Certificate.
The Certificateholder shall take all reasonable steps necessary to protect the Insured Goods from further damage. Also, keep a record of expenses paid to any unrelated third party for consideration in the settlement of the claim. This will not increase the Per Claim Limit of Insurance. If possible, set the damaged property aside for examination.
The Certificateholder shall file a police report and provide a copy of the filed report to the Insurer in support of the claim when required by the Insurer.
The Certificateholder shall fully comply with all terms and conditions of this Master Policy before asserting a claim due to a loss to which this insurance applies.
The Certificateholder shall fully cooperate in the investigation of all claims asserted by such person or persons as the Insurer may appoint and shall provide records and documents, as may be reasonably requested, including submitting to examinations under oath by such persons as we designate as often as reasonably requested and producing for inspection at such reasonable place all documents in your possession or control which relate to the matters in question and shall permit extracts or copies thereof to be made.
The Certificateholder shall permit the Insurer to inspect all of the property, operations, or records and make copies of same as often as may be reasonably requested at any time whether before or after a loss or claim.
The Certificateholder shall send the Insurer a signed, sworn statement of loss. It shall contain all the information the Insurer requests in order to investigate and settle the claim. This must be done by the Certificateholder within 60 days after the Insurer’s request. The Insurer will provide the Certificateholder with the necessary forms.
Except in the case of concealed damage, receipt of the shipment by the recipient without written notice of damage within the applicable claims period is prima facie evidence that the shipment was delivered in good condition.
F. Pair, Sets or Parts
In the event of loss of or damage to a pair or set of articles, the Insurer’s liability is limited to the value of that part of the pair or set which is lost or damaged, and the Insurer shall not be liable for the value of the whole pair or set. In the event of loss of or damage to any part of property which, when complete for sale or use, consists of several parts, the Insurer shall be liable only for the value of the part lost or damaged. In no event shall the Insurer be liable for the value of the complete item.
The titles of paragraphs, sections, of provisions of this Master Policy are intended solely for convenience and reference and are not deemed in any way to limit or expand the provisions to which they relate and are not part of the Master Policy. Whenever the singular form of a word is used herein, the same shall include the plural when required by context.
By acceptance of this Master Policy, the Master Policyholder agrees that the statements contained in the application, any application for insurance if this Master Policy is a renewal, and any supplemental materials submitted therewith are their agreements and representations, which shall be deemed material to the risk assumed by the Insurer, and that this Master Policy is issued in reliance upon the truthfulness thereof. Further, no coverage will be provided in any case of fraud, intentional concealment or misrepresentation of a material fact, by the Master Policyholder or a Certificateholder, at any time, concerning:
This Master Policy;
A Certificate under this Master Policy;
The Insured Goods;
The Certificateholder’s interest in the Insured Goods; or
A claim under this Master Policy including any Certificate.
In the event of payment under this Master Policy, the Insurer shall be immediately subrogated to all rights and remedies as the Certificateholder may have against any third party with respect to such payment. The Certificateholder shall execute and deliver such instruments and papers as may be necessary to secure such rights and agrees to perform all such things as may be necessary, including providing testimony and court appearances. Any recoveries shall be applied first to subrogation expenses, second to damages, third to claims expenses, and lastly to the Deductible.
J. Other Insurance
This insurance shall be primary to any other valid and collectible insurance available to the Certificateholder , including any retention or deductible portion thereof, unless such other insurance is written only as specific excess insurance over the limit of this insurance.
K. Entire Agreement
The Master Policy and Certificates contain all agreements between the Master Policyholder, the Certificateholder and the Insurer relating to this insurance. Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this Master Policy or a Certificate or estop the Insurer from asserting any right under the terms of this insurance; nor shall the terms of this insurance be waived or changed, except in writing by endorsement issued to form a part of this Master Policy and signed by the Insurer.
L. Assignment The interest hereunder is not assignable by the Master Policyholder or a Certificateholder.
M. Cancellation of the Master Policy 1. The Master Policyholder shown in the Declarations may cancel this Master Policy by mailing (including by email) or delivering to the Insurer advance written notice of cancellation.
a. Ten (10) days before the effective date of cancellation if the Insurer cancels for non-payment of premium; or
b. Forty-five (45) days before the effective date of cancellation if the Insurer cancels for any other reason.
N. Nonrenewal of the Master Policy The Insurer may non-renew this Master Policy by mailing or delivering to the Master Policyholder shown in the Declarations written notice at least thirty (30) before the expiration date of this Master Policy.
O. Cancellation and Nonrenewal of a Certificate Once a Certificate is issued, the premium is considered fully earned and the Certificate cannot be cancelled by the Insurer or the Certificateholder. Upon expiration, a Certificate will not be renewed.
P. Choice of Law Any disputes involving this Master Policy shall be resolved under the laws of the State identified in Item 6. of the Declarations PageAny disputes involving a Certificate shall be resolved under the laws of the State identified on the Declarations Page.
Q. Legal Action Against Insurer No one may bring a legal action against the Insurer under this Master Policy unless:
There has been full compliance with all the terms of this Master Policy; and
The action is brought within one year after the Certificateholder reports the loss to the Insurer.
R. Appraisal In case the Certificateholder and the Insurer shall fail to agree as to the replacement value or the amount of loss, then on the written demand of either, each shall select a competent and disinterested appraiser and notify the other of the appraiser selected within twenty (20) days of such demand. The appraisers shall first select a competent and disinterested umpire; and failing for fifteen (15) days to agree upon such umpire, then, on request of the Certificateholder or the Insurer, such umpire shall be selected by a judge of a court of record in the state in which the property is located. The appraisers shall then appraise the loss, stating separately replacement value and loss to each item; and failing to agree, shall submit their differences, only, to the umpire. An award in writing, so itemized, of any two when filed with the Insurer shall determine the amount of replacement value and loss. Each appraiser shall be paid by the party selecting him and the expenses of appraisal and umpire shall be paid by the parties equally.
S. Abandonment There can be no abandonment of any property to the Insurer.
T. No Benefit to Bailee No person or organization, other than the Certificateholder, will benefit from this insurance.
U. Trade or Economic Sanctions This insurance does not provide any coverage, and the Insurer shall not make payment of any claim or provide any benefit hereunder, to the extent that the provision of such coverage, payment of such claim or provision of such benefit would expose the Insurer to a violation of any applicable trade or economic sanctions, laws or regulations, including but not limited, to those administered and enforced by the United States Treasury Department’s Office of Foreign Assets Control (OFAC).
Whenever coverage provided by this Master Policy would be in violation of any U.S. economic or trade sanctions such as, but not limited to, those sanctions administered and enforced by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC), such coverage or payment requirement shall be null and void. Similarly, any coverage relating to or referred to in any Certificates or other evidences of insurance or any claim that would be in violation of U.S. economic or trade sanctions as described above shall also be null and void.