Laserfiche WebLink
relating to this insurance or the claim, <br />including an insured's books and <br />records. In the event of an <br />examination, an insured's answers <br />must be signed. <br />4. Legal Action Against Us <br />No one may bring a legal action against us <br />under this insurance unless: <br />a. There has been full compliance with all <br />of the terms of this insurance; and <br />b. The action is brought within 2 years <br />after the date on which the direct <br />physical loss or damage occurred. The <br />2 year limitation also applies to indirect <br />or consequential loss covered under <br />this Coverage Form. <br />5. Loss Payment <br />In the event of loss or damage covered by <br />this Coverage Form: <br />a. At our option, we will either: <br />(1) Pay the value of lost or damaged <br />property; <br />(2) Pay the cost of repairing or <br />replacing the lost or damaged <br />property; <br />(3) Take all or any part of the property <br />at an agreed or appraised value; or <br />(4) Repair, rebuild or replace the <br />property with other property of like <br />kind and quality, subject to <br />paragraph d., subparagraph (1)(d) <br />below. <br />b. We will give notice of our intentions <br />within 30 days after we receive the <br />sworn proof of loss. <br />c. We will not pay you more than your <br />financial interest in the Covered <br />Property. <br />d. We will determine the value of Covered <br />Property as follows: <br />(1) At replacement cost without <br />deduction for depreciation except <br />as provided in paragraphs (2), (3), <br />(12),((13), (14), (15) and (18)lbelow.I) <br />(a) You may make a claim for loss <br />or damage covered by this <br />insurance on an actual cash <br />value basis instead of a <br />replacement cost basis. In the <br />event you elect to have loss or <br />damage settled on an actual <br />cash value basis, you may still <br />make a claim on a replacement <br />cost basis if you notify us of <br />your intent to do so within 180 <br />days after the loss or damage. <br />(2) <br />(b) We will not pa on a replacement <br />cost basis for any loss or <br />damage: <br />(1) Until the loss or damaged <br />property is actually repaired <br />or replaced; <br />(ii) Unless the repairs or <br />replacement are made as <br />soon as reasonably possible <br />after the loss or damage; and <br />(iii) Unless the repairs or <br />replacement are completed <br />within 24 months for personal <br />property or for buildings and <br />other real property after the <br />loss or damage, unless <br />extended in writing by us. <br />However, if the cost to repair or <br />replace a damaged building is <br />$2,500 or less we will determine <br />the value at replacement cost <br />without deduction for <br />depreciation. <br />(c) We will not pay more for loss or <br />damage on a replacement cast <br />basis than the least of the <br />following amounts: <br />(i) The cost to replace, on the <br />same premises, the lost or <br />damaged property with other <br />property: <br />1) Of comparable material <br />and quality; and <br />2) Used for the same <br />purpose; or <br />The amount that you actually <br />spend that is necessary to <br />repair or replace the lost or <br />damaged property. <br />If a building is rebuilt at a new <br />location, the recoverable amount <br />is limited to the cost which would <br />have been incurred had the <br />building been built at the original <br />premises. <br />(d) The cost to repair, rebuild or <br />replace does not include the <br />increased cost attributable to <br />enforcement of any ordinance or <br />law regulating the construction, <br />use or repair of any property. <br />If the Declarations indicate the Actual <br />Cash Value applies to Building or <br />Personal Property, paragraph (1) <br />above does not apply to that <br />property. Instead. we will determine <br />the value of <br />actual cash va <br />391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission <br />DWIslan <br />REVIEWm^fi APPR^w®av: <br />�,, rt�C Flcw41a <br />Risk Management SpeaMut <br />