201309222 - Laserfiche WebLink

Browse

ARTICLE 10 INSURANCE Page 50 of 68 201309222 10.1 Scope of Coverage. Commencing no later than the time of the first conveyance of a Lot to a Purchaser, the Association shall maintain, to the extent reasonably available, the following insurance coverage: (a) Comprehensive general liability insurance, including medical payments insurance, in an amount determined by the Board, but not less than $1,000,000. Such insurance shall cover all occurrences commonly insured against for death, bodily injury, and property damage arising out of or in connection with the use, ownership, or maintenance of the Areas of Association Responsibility and all other portions of the Project that the Association is obligated to maintain under this Declaration, and shall also include hired automobile and non -owned automobile coverages with cost liability endorsements to cover liabilities of the Owners as a group to an Owner; (b) Property insurance on all Areas of Association Responsibility, insuring against all risk of direct physical loss in an amount equal to the maximum insurable replacement value of the Areas of Association Responsibility, as determined by the Board; provided, however, that the total amount of insurance after application of any deductibles shall not be less than one hundred percent (100 %) of the current replacement cost of the insured property exclusive of land, excavations, foundations, and other items normally excluded from a property policy; (c) Workmen's compensation insurance to the extent necessary to meet the requirements of the laws of Nebraska; and (d) Such other insurance as the Board shall determine from time to time to be appropriate to protect the Association or the Owners. Any insurance policy purchased by the Association pursuant to this Section shall, to the extent reasonably available, contain the following provisions: (a) that there shall be no subrogation with respect to the Association, its agents, servants, and employees, or with respect to Owners and members of their household; (b) that no act or omission by any Owner, unless acting within the scope of his authority on behalf of the Association, will void the policy or be a condition to recovery on the policy; (c) that the coverage afforded by such policy shall not be brought into contribution or proration with any insurance that may be purchased by Owners or their mortgagees or beneficiaries under deeds of trust; (d) a "severability of interest" endorsement that shall preclude the insurer from denying the claim of an Owner because of the negligent acts of the Association or other Owners; (e) a statement of the name of the insured as the Association; and (f) for policies of hazard insurance, a standard mortgagee clause providing that the insurance carrier shall notify the First Mortgagee named in the policy at least ten (10) days in advance of the effective date of any substantial modification, reduction, or cancellation of the policy.