Laserfiche WebLink
202002679 <br />thereof shall be paid by the Owner to the Association upon demand, and payment of such amounts <br />shall be secured by the Assessment Lien. <br />ARTICLE 10 <br />INSURANCE <br />10.1 Scope of Coverage. <br />Commencing no later than the time of the first conveyance of a Lot to a Purchaser, the <br />Association shall maintain, to the extent reasonably available, the following insurance coverage: <br />(a) Comprehensive general liability insurance, including medical payments insurance, <br />in an amount determined by the Board, but not less than $1,000,000. Such <br />insurance shall cover all occurrences commonly insured against for death, bodily <br />injury, and property damage arising out of or in connection with the use, ownership, <br />or maintenance of the Areas of Association Responsibility and all other portions of <br />the Project that the Association is obligated to maintain under this Declaration, and <br />shall also include hired automobile and non -owned automobile coverages with cost <br />liability endorsements to cover liabilities of the Owners as a group to an Owner; <br />(b) Property insurance on all Areas of Association Responsibility, insuring against all <br />risk of direct physical loss in an amount equal to the maximum insurable <br />replacement value of the Areas of Association Responsibility, as determined by the <br />Board; provided, however, that the total amount of insurance after application of <br />any deductibles shall not be less than one hundred percent (100%) of the current <br />replacement cost of the insured property exclusive of land, excavations, <br />foundations, and other items normally excluded from a property policy; <br />(c) Workmen's compensation insurance to the extent necessary to meet the <br />requirements of the laws of Nebraska; and <br />(d) Such other insurance as the Board shall determine from time to time to be <br />appropriate to protect the Association or the Owners. <br />Any insurance policy purchased by the Association pursuant to this Section shall, to the <br />extent reasonably available, contain the following provisions: (a) that there shall be no subrogation <br />with respect to the Association, its agents, servants, and employees, or with respect to Owners and <br />members of their household; (b) that no act or omission by any Owner, unless acting within the <br />scope of his authority on behalf of the Association, will void the policy or be a condition to <br />recovery on the policy; (c) that the coverage afforded by such policy shall not be brought into <br />contribution or proration with any insurance that may be purchased by Owners or their mortgagees <br />or beneficiaries under deeds of trust; (d) a "severability of interest" endorsement that shall preclude <br />the insurer from denying the claim of an Owner because of the negligent acts of the Association <br />or other Owners; (e) a statement of the name of the insured as the Association; and (0 for policies <br />of hazard insurance, a standard mortgagee clause providing that the insurance carrier shall notify <br />the First Mortgagee named in the policy at least ten (10) days in advance of the effective date of <br />any substantial modification, reduction, or cancellation of the policy. <br />The premiums for any insurance obtained by the Association pursuant to this Section shall <br />be included in the budget of the Association and shall be paid by the Association. <br />10.2 Certificates of Insurance. <br />An insurer that has issued an insurance policy under this Article 10 shall issue a certificate <br />or a memorandum of insurance to the Association and, upon request, to any Owner or mortgagee <br />or beneficiary under a deed of trust. Any insurance obtained pursuant to this Article 10 may not <br />be cancelled until thirty (30) days after notice of the purposed cancellation has been mailed to the <br />Association, each Owner, and each mortgagee or beneficiary under a deed of trust to whom <br />certificates of insurance have been issued. <br />10.3 Payment of Insurance Proceeds. <br />With respect to any loss to any Area of Association Responsibility covered by property <br />insurance obtained by the Association in accordance with this Article 10, the loss shall be adjusted <br />Page 38 of 52 <br />