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20050670'7 <br />15.0.2 Liability insurance in an amount determined by the Executive Board, but <br />not less than $1,000,000 covering all occurrences commonly insured against for death, <br />bodily injury and property damage arising out of or in connection with the use, ownership <br />or maintenance of the common elements. <br />Insurance policies carried pursuant to this Section shall provide the following: <br />(a) Each unit owner is an insured person under the policy with respect to liability <br />arising out of his interest in the common elements or membership in the Association. <br />(b) The insurer waives its right to segregation under the policy against any unit <br />owner or members of his household. <br />(c) No act or omission by any unit owner, unless acting within the scope of his <br />authority on behalf of the Association, will void the policy or be a condition to recovery <br />under the policy. <br />(d) If, at the time of a loss under the policy, there is other insurance in the name <br />of a unit owner covering the same property by the policy, the Association's policy <br />provides primary insurance. <br />15.1 Coverage of Insurance. To the extent of available, the insurance maintained <br />under Section 15.0.1 of this Section, if determined by the Executive Board, may include <br />the units or any portions of those units, but need not include improvements and <br />betterments installed by unit owners or the personal property of unit owners. <br />15.2 Nonavailability of Insurance and Additional Insurance. If the insurance <br />described in Section 15.0 of this Section is not reasonably available, the Association <br />promptly shall cause notice of that fact to be hand - delivered or sent prepaid by United <br />States Mail to all unit owners. The Association may carry any other insurance it deems <br />appropriate to protect the Association or the unit owners. <br />15.3 Payment _of Insurance Proceeds. Any loss covered by the property policy <br />under Section 15.0.1 and 15.1 of this Article shall be adjusted with the Association, but <br />the insurance proceeds for that loss are payable to any insurance trustee designated for <br />that purpose, or otherwise, to the Association, and not to any mortgagee or beneficiary <br />under a deed of trust. The insurance trustee or the Association shall hold any insurance <br />proceeds in trust for unit owners and lien holders as their interest may appear. Subject to <br />the provisions of Section 15.6 of this Article, the proceeds shall be disbursed First for the <br />repair or restoration of the damaged property, and unit owners and lien holders are not <br />entitled to receive payment of any portion of the proceeds unless there is a surplus of <br />proceeds after the property has been completely repaired or restored, or the condominium <br />is terminated. <br />-19- <br />