H2O Insurance Certifcate/Divers PAC

Certificate / Diver's PAC

1. Property Insured

This policy insures Scuba and Camera Equipment as described in the Declarations to which this form is attached.

2. Property Excluded

This policy does not insure the following property or property otherwise eligible for coverage while in the situations described hereunder:

Personal property of yours or others, unless specifically scheduled and declared to us;
Property that you lease, loan, or rent to others.

3. Territorial Limits

We will cover property wherever located in the world.

4. Perils Insured

This policy insures against risks of direct physical loss of or damage to the insured property from any external cause, except as otherwise provided.

5. Perils Excluded

We will not pay for loss or damage caused directly or indirectly by any of the following. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss or damage.

Loss or damage which is due and confined to wear and tear, inherent vice, gradual deterioration, corrosion, insects, vermin, freezing, extremes of temperature, mechanical or electrical breakdown or failure, unless such damage is the result of other loss covered by this policy;
Loss or damage caused by or resulting from delay, loss of market, loss of use or interruption of business;
Unexplained loss, mysterious disappearance, or shortage disclosed upon taking inventory.
Items lost while in your Care, Custody or Control - while in use both in and out of the water, dropped overboard or swept overboard.
Loss or damage caused by or resulting from Nuclear Hazard;

Any weapon employing atomic fission or fusion; or
Nuclear reaction or radiation, or radioactive contamination from any other cause. But if nuclear reaction or radiation, or radioactive contamination results in fire, we will pay for the direct loss or damage caused by that fire if the fire would be covered under this coverage form.

Loss or damage caused by or resulting from War and Military Action;

War, including undeclared or civil war;
Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or
other agents; or
Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering

Loss or damage caused by or resulting from Fungi, Wet Rot And Dry Rot;

Presence, growth, proliferation, spread or any activity of "fungi", or wet or dry rot.
But if "fungi", or wet or dry rot results in a Covered Cause of Loss, we will pay for the loss or damage caused by that Covered Cause of Loss.

This exclusion does not apply:

When "fungi", or wet or dry rot results from fire or lightning; or
To the extent that coverage is provided in the Additional Coverage – Limited Coverage For "Fungi", Wet Rot And Dry Rot with respect to loss or damage by a cause of loss other than fire or lightning.

Loss or damage caused by or resulting from Voluntary parting with any property by you or anyone entrusted with the property if induced to do so by any fraudulent scheme, trick, device or false pretense.

6. Limit of Liability

The maximum liability of the Company for any one loss, disaster, or casualty, including expenses and charges, or all combined; shall not exceed the Limit of Liability specified in the Declarations.

7. Deductible Clause

Claim for loss or damage to each item insured hereunder shall be adjusted separately, and from the total of all such adjusted claim, or the amount of insurance upon each item, whichever is the lesser, the deductible amount specified in the Declarations shall be deducted. The Deductible for loss or damage caused by Water, Moisture, Condensation or Flood is 10% of the Loss Amount, but no less than $250.

8. Valuation Clause

The following Agreed Amount clause supersedes Paragraph F.1, Valuation, of Conditions form NIM 1050 01
10:
Agreed Amount: Covered property described will be valued at the limit indicated for the described property, but no more than the lesser of the following amounts:

The cost of reasonably restoring that property to its condition immediately before loss or damage;
The cost of replacing that property with substantially identical property.

9. Loss Payable Clause

Loss, if any, shall be adjusted with you and made payable to you and Loss Payee specified in the Declarations.

10. Loss Adjustment Provisions

The following clause supersedes Paragraph F. 1-2., Other Insurance, of Conditions form NIM 1050 01 01:
The coverage provided by this policy shall be considered primary insurance.

The following clause supersedes Paragraph K., Reinstatement of Limit of Insurance, of Conditions form NIM 1050 01 10:
The Limit of Insurance will not be reduced by the payment of any claim, except for the total loss or damage of a scheduled item. No refunds are provided for unearned premium.

11. Definition of Loss

Wherever the term Loss shall appear in this policy, it shall include damage caused by or resulting from physical loss, disaster or casualty to insured property from any external cause.

12. Additional Conditions

In the event of a loss by theft, you will notify the police authorities nearest to the loss location immediately upon discovery of the loss. Failure to do so shall render this insurance null and void with respect to the loss.
Form NIM 1050 01 10: Page 3. Control of Property is deleted in its entirety.
Form IM 8006 03 20 is added (see form for details).
Form IM 8035 04 20 is added (see form for details).

Sanctions

Whenever coverage provided by this policy would be in violation of any U.S. economic or trade sanctions such as, but not limited to, those sanctions administered and enforced by the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC"), such coverage shall be null and void.

----------------------------------------------------------------------------------------------------------------------------------------------------------

Form IM 8006 03 20

Virus, Bacterium, or Other Microorganism Exclusion

We will not pay for loss or damage caused directly or indirectly by any virus, bacterium or other microorganism that induces or is capable of inducing physical distress, illness or disease.

However, this exclusion does not apply to loss or damage caused by or resulting from "fungi", wet rot or dry rot. Such loss or damage is addressed in the previous exclusion.

The terms of this exclusion, or the inapplicability of this exclusion to a particular loss, does not serve to create coverage for any loss that would otherwise be excluded under this Coverage Part.

This exclusion applies to all coverage under all forms and endorsements that comprise this Coverage Part, including but not limited to forms or endorsements that cover business income, extra expense or action of civil authority.

Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss or damage.

----------------------------------------------------------------------------------------------------------------------------------------------------------

Form IM 8035 04 20

Electronic Data Exclusion Endorsement
Notwithstanding any provision to the contrary within the policy or any endorsements thereto, it is understood and agreed that this endorsement will apply to all coverage forms, coverage extensions, supplemental coverage options, and endorsements that may be attached to this policy, including, but not limited to those that provide coverage for property, earnings, business income, extra expense, or interruption by civil authority.
This policy does not insure loss, damage, destruction, distortion, erasure, corruption or alteration of “Electronic Data” from any cause whatsoever (including but not limited to “Computer Virus”) or loss or use, reduction in functionality, cost, expense of whatsoever nature resulting there from, regardless of any other cause or event contributing concurrently or in any other sequence of loss.

Exceptions to Endorsement

Fire and/or Explosion that results from any of the items described above, this policy, subject to all its terms, conditions, and exclusions, will cover direct physical loss or damage to property insured caused by or resulting from such Fire and/or Explosion.
Virus and Hacking coverage as provided for under the Supplemental Inland Marine Coverage Section of the Commercial Output policy, if attached
Hacking coverage as provided for under the Electronic Data Processing policy, if attached.

Definitions
Electronic Data includes but is not limited to facts, concepts and information converted to a form useable for communications, interpretation or processing of electronic and electromechanical data processing or electronically controlled equipment and includes programs, software and other coded instructions for the “processing” and manipulation of data or the direction and manipulation of such equipment.
Computer Virus includes but is not limited to a set of corrupting, harmful or otherwise unauthorized instructions or code including a set of maliciously introduced unauthorized instructions or code, programmatic or otherwise, that propagate themselves through a computer system or network of whatsoever nature. Computer Virus includes but is not limited to Trojan Horses, worms, and time or logic bombs.
Hacking includes but is not limited to an unauthorized intrusion by an individual or group of individuals, whether employed by you or not, into a computer, a Web site, or a computer network and that results in but is not limited to deletion, destruction, generation, or modification of software; alteration, contamination, corruption, degradation, or destruction of the integrity, quality, or performance of software; observation, scanning, or copying of data records, programs and applications, and proprietary programs; damage, destruction, inadequacy, malfunction, degradation, or corruption of any hardware or media used with hardware; or denial of access to or denial of services from computers, computer network, or Web site including related software.

Processing includes but is not limited to any operation or set of operations which is performed on data or on sets of data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

All other terms and conditions remain unchanged.