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D. The Concealment, Misrepresentation Or Fraud If there is an appraisal, we will still retain our right <br /> Condition is replaced by the following with respect to deny the claim. <br /> to loss of damage.caused by fire: H. With respect to an. "Open Policy", the Loss <br /> We do not provide coverage to the insured who, Payment Condition of the.Standard and Special <br /> whether before or after a loss, has committed Property Form is amended by the following: <br /> fraud or intentionally concealed or misrepresented 1. The following changes are made to Section•E. <br /> any material fact or circumstance concerning: PROPERTY LOSS CONDITIONS: <br /> 1. This Coverage Part; a. Paragraph 5.d.(1)(b) of the Loss Payment <br /> 2. The Covered Property; condition is deleted and replaced by: <br /> 3. That insured's interest in the Covered (b) We will not pay on a replacement <br /> Property; or cost basis ' for any loss or <br /> 4. A claim under this Coverage Part or Coverage damage until the lost or damaged <br /> property is actually repaired or <br /> Form. replaced, and then only subject to <br /> E. The Concealment, Misrepresentation Or Fraud deduction for depreciation. Prior <br /> Condition is replaced by the following with respect to such repair or replacement, <br /> to loss of damage caused by a Covered Cause of and in accordance with.the:terms <br /> Loss other than fire: applicable in this Paragraph S., <br /> This Coverage Part is void if any insured, whether Loss Payment, we will pay the <br /> before or after a loss, has committed fraud or actual cash value of the. lost or <br /> intentionally concealed or misrepresented any damaged property as described in <br /> material fact or circumstance concerning: Paragraph 2. below. If the actual <br /> cash value does not exhaust the <br /> !. This Coverage Part; applicable Limit of Insurance, we <br /> 2. The Covered Property; will then pay the difference <br /> 3. That insured's interest in the Covered between the actual cash value <br /> Property; or and the replacement cost, <br /> provided that the repair or <br /> 4. A claim under this Coverage Part or Coverage replacement is completed: <br /> Form. (1) Within 12 months after our <br /> F. The Other Insurance - Property Coverage payment of the actual cash <br /> Condition is replaced by the following: value; or <br /> If there is other insurance covering the same loss (ii) Within 36 months after our <br /> or damage, we will pay our share of the covered payment of the actual cash <br /> loss or damage. Our share is the proportion that value if the loss or damage <br /> the applicable limit of insurance bears to the limits relates. to a state of <br /> of insurance of all insurance covering on same emergency under California <br /> basis. Law. <br /> G. Paragraph E.2., Appraisal of the Standard and The following provision applies to <br /> real property which is used <br /> Special Property Form is deleted and replaced predominantly for residential <br /> by the following: purposes and consisting of not <br /> 2. If we and you disagree on the value of the more than four-dwelling units, and <br /> property or the amount of loss, either may to coverage on tenants' <br /> make written request for an appraisal of the household personal.property in a <br /> loss. If the request is accepted, each party will residential unit. <br /> select a competent and impartial appraiser. if you acting in good: <br /> Each party shall notify the other of the with reasonable diligence,. <br /> appraiser selected within 20 days of the encounter a delay or. delays in <br /> request. The two appraisers will select an approval for, or reconstruction of, <br /> umpire. If they cannot agree within 15 days, the residence that are beyond <br /> either may request that selection be made by your control, we shall provide one <br /> a judge of a court having jurisdiction. The or more .additional extensions of <br /> appraisers will state separately the value of six months for good cause. <br /> the property and amount of loss. If they fail to Circumstances beyond your <br /> agree, they will submit their differences to the control include, but are not limited <br /> umpire. A decision agreed to by any two will to: <br /> be binding. Each party will: (i) Unavoidable construction <br /> a. Pay its chosen appraiser; and permit delays; <br /> b. Bear the other expenses of the appraisal (ii) The lack of necessary <br /> and umpire equally. construction materials; or <br /> Page 4 of 5 Form SS 01 2102 20 <br />