Limited Coverage For Loss By Wet Rot, Dry Rot, Bacteria, Fungi, or ...

This endorsement changes 

the policy 

-- PLEASE READ THIS CAREFULLY -- 

WN HO 65 02 11 

LIMITED COVERAGE FOR LOSS BY WET ROT, DRY ROT, 

BACTERIA, FUNGI, OR PROTISTS 

1. The following exclusion is added under item 1. 

of Exclusions That Apply To Property Coverages: 

Wet Rot, Dry Rot, Bacteria, Fungi, or Protists 

-- "We" do not pay for loss that results 

from or consists of: 

1) wet rot; dry rot; a bacterium; a fungus, including 

but not limited to mildew and mold; 

or a protist, including but not limited to algae 

and slime mold; or 

2) a chemical, matter, or a compound produced 

or released by wet rot, dry rot, a 

bacterium, a fungus, or a protist, including 

but not limited to toxins, spores, fragments, 

and metabolites such as microbial 

volatile organic compounds; 

except as provided under Limited Wet Rot, Dry 

Rot, Bacteria, Fungi, and Protists Property 

Coverage. 

This exclusion applies even if the wet rot, dry 

rot, bacterium, fungus, or protist results from or 

is aggravated by a loss that may be covered 

by this policy, including but not limited to loss 

caused by the accidental discharge of liquids 

or steam from a plumbing, heating, airconditioning, 

or automatic fire protective sprinkling 

system; water heater; or domestic appliance. 

However, this exclusion does not apply to wet 

rot, dry rot, a bacterium, a fungus, or a protist 

that results from fire or lightning. 

2. Under Exclusions That Apply To Property Coverages, 

Wear and Tear is deleted and replaced 

by the following: 

Wear and Tear -- "We" do not pay for loss that 

results from wear and tear, marring, deterioration, 

inherent vice, latent defect, mechanical 

breakdown, rust, corrosion, contamination, or 

smog. 

3. The following provisions are added under Exclusions 

That Apply To Coverages L and M: 

a. This policy does not apply to: 

1) actual or alleged "bodily injury" or 

"property damage" that results directly 

or indirectly from ingestion of, inhalation 

of, physical contact with, or exposure 

to: 

a) wet rot; dry rot; a bacterium; a fungus, 

including but not limited to 

mildew and mold; or a protist, including 

but not limited to algae and 

slime mold; or 

b) a chemical, matter, or a compound 

produced or released by wet rot, 

dry rot, a bacterium, a fungus, or a 

protist, including but not limited to 

toxins, spores, fragments, and metabolites 

such as microbial volatile 

organic compounds; 

except as provided under Limited Wet 

Rot, Dry Rot, Bacteria, Fungi, and Protists 

Liability Coverage; 

2) any loss, cost, or expense arising out 

of any request, demand, or order that 

any "insured" or others test for, monitor, 

clean up, remove, contain, treat, 

detoxify, neutralize, or in any way respond 

to or assess the effects of: 












organic compounds; or 

WN HO 65 02 11 Page 1 of 6 

Includes Copyrighted Material With Permission of American Association of Insurance Services

3) any loss, cost, or expense arising out 

of any claim or suit by or on behalf of 

any governmental authority relating to 

testing for, monitoring, cleaning up, 

removing, containing, treating, detoxifying, 

neutralizing, or in any way responding 

to or assessing the effects 

of: 












organic compounds. 

b. However, exclusion 3.a.1) above does not 

apply to: 

1) "bodily injury" that results from a fungus 

cultivated or harvested for human 

consumption or a food-borne or beverage-borne 

bacterium that causes illness 

commonly known as food poisoning 

(Food-borne or beverageborne 

bacteria that cause illness 

commonly known as food poisoning 

include but are not limited to Staphylococcus 

aureus, Salmonella, Clostridium 

perfringens, Campylobacter, Listeria 

monocytogenes, Vibro parahaemolyticus, 

Bacillus cereus, and 

Escherichia coli.); or 

2) "bodily injury" to a "farm employee" to 

the extent that coverage for "bodily injury" 

to "farm employees" is provided 

by this policy. 

4. (Applies only when Coverage L has been extended 

to pay for damages for which an "insured" 

is liable by law because of "personal injury".) 

The following is added to the definition 

of "personal injury": 

"Personal injury" does not mean false arrest, 

false imprisonment, wrongful eviction, wrongful 

entry, wrongful detention, malicious prosecution, 

misrepresentation, libel, slander, defamation 

of character, or invasion of privacy that results 

directly or indirectly from ingestion of, inhalation 

of, physical contact with, or exposure 

to: 

1) wet rot; dry rot; a bacterium; a fungus, including 

but not limited to mildew and mold; 

or a protist, including but not limited to algae 

and slime mold; or 

2) a chemical, matter, or a compound produced 

or released by wet rot, dry rot, a 

bacterium, a fungus, or a protist, including 

but not limited to toxins, spores, fragments, 

and metabolites such as microbial 

volatile organic compounds. 

5. Limited Wet Rot, Dry Rot, Bacteria, Fungi, 

and Protists Coverages 

This policy is extended to provide the following 

coverages. These coverages are subject to all 

of the "terms" of the policy, except as 

amended by this endorsement. 

a. Limited Wet Rot, Dry Rot, Bacteria, 

Fungi, and Protists Property Coverage - 

- The coverage set forth under item 5.a.1) 

below and the limitations set forth under 

items 5.a.4) and 5.a.5) below do not apply 

to wet rot, dry rot, a bacterium, a fungus, 

or a protist that results from fire or lightning. 

1) Subject to the Wet Rot, Dry Rot, Bacteria, 

Fungi, and Protists Aggregate 

Property Limit, "we" pay for: 

a) direct physical loss to property 

covered under Coverages A, B, or 

C, if provided by this policy, or the 

Incidental Property Coverage for 

Tenant's Improvements, if provided 

by this policy, caused by or 

consisting of wet rot; dry rot; a 

bacterium; a fungus, including mildew 

and mold; or a protist when 

the presence of the wet rot, dry 

rot, bacterium, fungus, or protist is 

the direct result of a peril insured 

against that applies to the damaged 

property and all reasonable 

means were used to save and 

preserve the property at and after 

the time of loss; and 

WN HO 65 02 11 Page 2 of 6 


) an increased cost, an expense, 

loss of income, or loss of earnings, 

if covered by a form, a coverage 

part, or an endorsement attached 

to this policy, resulting from wet 

rot; dry rot; a bacterium; a fungus, 

including mildew and mold; or a 

protist when the presence of the 

wet rot, dry rot, bacterium, fungus, 

or protist is the direct result of a 

peril insured against that applies 

to property for which the coverage 

for increased cost, expenses, loss 

of income, or loss of earnings is 

provided and all reasonable 

means were used to save and 

preserve the property at and after 

the time of loss. 

This coverage does not increase the 

"limits" shown for the property, increased 

cost, expense, loss of income, 

or loss of earnings covered. 

2) The coverage set forth under item 

5.a.1) above includes: 

a) direct physical loss caused by or 

consisting of a chemical, matter, or 

a compound produced or released 

by such wet rot, dry rot, bacterium, 

fungus, or protist; and 

b) the reasonable cost or expense to: 

(1) clean up, remove, contain, 

treat, detoxify, neutralize, respond 

to, monitor, or assess 

the effects of the wet rot, dry 

rot, bacterium, fungus, or protist 

or a chemical, matter, or a 

compound produced or released 

by it; 

(2) remove and replace those 

parts of covered property necessary 

to repair or replace the 

damage or to clean up, remove, 

contain, treat, detoxify, 

neutralize, respond to, monitor, 

or assess the effects of 

the wet rot, dry rot, bacterium, 

fungus, or protist or a chemical, 

matter, or a compound 

produced or released by it; 

and 

(3) test for wet rot; dry rot; a bacterium; 

a fungus, including 

mildew and mold; or a protist 

that is hidden from view or a 

chemical, matter, or a compound 

produced or released 

by it. "We" pay for such testing 

only to the extent that there is 

reason to believe that wet rot, 

dry rot, a bacterium, a fungus, 

a protist, or a chemical, matter, 

or a compound produced 

or released by it is present. 

3) With respect to Limited Wet Rot, Dry 

Rot, Bacteria, Fungi, and Protists 

Property Coverage, the following is 

added to the first paragraph under Incidental 

Property Coverages: 

However, except for Emergency Removal 

and, if provided by this policy, 

Collapse, any coverage provided under 

these Incidental Property Coverages 

for loss caused by or consisting 

of: 

a) wet rot; 

b) dry rot; 

c) a bacterium; 

d) a fungus, including but not limited 

to mildew and mold; 

e) a protist; or 

f) a chemical, matter, or a compound 



protist; 

is subject to the Wet Rot, Dry Rot, 

Bacteria, Fungi, and Protists Aggregate 

Property Limit. 



Property Coverage, the "terms" of 

each coverage part or endorsement 

attached to this policy that covers direct 

physical loss, increased cost, expense, 

loss of income, or loss of earnings 

are amended to include the following. 

WN HO 65 02 11 Page 3 of 6 


Any coverage provided under this coverage 

part or endorsement for loss 

caused by or consisting of: 

a) wet rot; 

b) dry rot; 








protist; 

is subject to the Wet Rot, Dry Rot, 


Property Limit. 



Property Coverage, the following is 

added under How Much We Pay For 

Loss Or Claim, Property Coverages: 

Wet Rot, Dry Rot, Bacteria, Fungi, 

and Protists Aggregate Property 

Limit -- The Wet Rot, Dry Rot, Bacteria, 

Fungi, and Protists Aggregate 

Property Limit is the most "we" pay for 

the total of: 

a) all loss covered under Principal 

Property Coverages A, B, C, and 

D; loss covered under all Incidental 

Property Coverages except 

Emergency Removal and, if provided 

by this policy, Collapse; and 

all direct physical loss, increased 

costs, expenses, loss of income, 

and loss of earnings covered by 

coverage part or endorsement attached 

to this policy, including all 

cost or expense to: 

(1) clean up, remove, contain, 



the effects of wet rot, dry rot, a 

bacterium, a fungus, or a protist 



by it; and 

(2) remove and replace parts of 

covered property necessary to 

repair or replace damage or to 

clean up, remove, contain, 



the effects of the wet rot, dry 

rot, bacterium, fungus, or protist 



by it; and 

b) all cost or expense to test for wet 

rot, dry rot, a bacterium, a fungus, 

or a protist or a chemical, matter, 

or a compound produced or released 

by it; 

regardless of the number of occurrences, 

claims made, assessments 

made, or locations insured under this 

policy. 

This "limit" is the most that "we" pay 

for each consecutive annual period 

and for any remaining period of less 

than 12 months, beginning with the inception 

date of this policy as shown on 

the "declarations". If, however, the policy 

period is extended for an additional 

period of less than 12 months, this additional 

period will be considered part 

of the preceding period for the purpose 

of determining the "limit". 

The Wet Rot, Dry Rot, Bacteria, Fungi, 

and Protists Aggregate Property Limit 

is $2,500 unless a higher Wet Rot, Dry 

Rot, Bacteria, Fungi, and Protists Aggregate 

Property Limit is shown on the 

"declarations". 



Property Coverage, Restoration of 

Limits under How Much We Pay For 

Loss Or Claim does not apply. 

WN HO 65 02 11 Page 4 of 6 


. Limited Wet Rot, Dry Rot, Bacteria, 

Fungi, and Protists Liability Coverage 

1) This coverage does not apply to: 

a) "bodily injury" that results from a 

fungus cultivated or harvested for 

human consumption or a foodborne 

or beverage-borne bacterium 

that causes illness commonly 

known as food poisoning (Foodborne 

or beverage-borne bacteria 

that cause illness commonly 

known as food poisoning include 

but are not limited to Staphylococcus 

aureus, Salmonella, Clostridium 

perfringens, Campylobacter, 

Listeria monocytogenes, Vibro 

parahaemolyticus, Bacillus cereus, 

and Escherichia coli.); or 

b) "bodily injury" to a "farm employee" 

to the extent that coverage 

for "bodily injury" to "farm employees" 

is provided by this policy. 

2) Subject to the Coverage L Wet Rot, 

Dry Rot, Bacteria, Fungi, and Protists 

Limit and the Wet Rot, Dry Rot, Bacteria, 

Fungi, and Protists Aggregate Liability 

Limit, "we" pay for the "bodily injury" 

or "property damage" that results 

from ingestion of, inhalation of, physical 

contact with, or exposure to: 

a) wet rot; 

b) dry rot; 








protist. 

The Coverage L Wet Rot, Dry Rot, 

Bacteria, Fungi, and Protists Limit is 

$25,000 unless a higher Coverage L 

Wet Rot, Dry Rot, Bacteria, Fungi, and 

Protists Limit is shown on the "declarations". 

Subject to the Wet Rot, Dry Rot, 


Liability Limit, this "limit" is the 

most "we" pay per "occurrence" under 

Coverage L for Limited Wet Rot, Dry 

Rot, Bacteria, Fungi, and Protists Liability 

Coverage. 



Coverage, the following is 

added to the first paragraph under Incidental 

Liability Coverages: 

Except for Claims and Defense Cost 

and First Aid Expense, any coverage 

provided under these Incidental Liability 

Coverages for "bodily injury", "property 

damage", damages, or legal fees 

arising from ingestion of, inhalation of, 

physical contact with, or exposure to: 

a) wet rot; 

b) dry rot; 








protist; 

is subject to the Coverage L Wet Rot, 


Limit and the Wet Rot, Dry Rot, Bacteria, 


Limit. 



Coverage, under How Much We 

Pay For Loss Or Claim, Coverage L -- 

Personal Liability is deleted and replaced 

by the following: 

WN HO 65 02 11 Page 5 of 6 


Coverage L -- Personal Liability -- 

Subject to the Wet Rot, Dry Rot, Bacteria, 


Limit, the Coverage L Wet Rot, 


Limit is the most "we" pay for loss for 

each "occurrence" covered under Limited 


and Protists Liability Coverage. This 

applies regardless of the number of: 

a) persons insured under this policy; 

b) parties who sustain injury or damage; 

or 

c) claims made or suits brought. 



Coverage, under How Much We 

Pay For Loss Or Claim, Coverage M -- 

Medical Payments To Others is deleted 

and replaced by the following: 

Subject to the Wet Rot, Dry Rot, Bacteria, 


Limit, the "limit" shown on the 

"declarations" per person for Coverage 

M is the most "we" pay for all medical 

expenses payable for "bodily injury" to 

one person as the result of one accident 

covered under Limited Wet Rot, 


Liability Coverage. 

Any per accident "limit" shown on the 

"declarations" for Coverage M does 

not apply with respect to Limited Wet 

Rot, Dry Rot, Bacteria, Fungi, and Protists 

Liability Coverage. 

The payment of a claim under Coverage 

M does not mean "we" admit "we" 

are liable under Coverage L. 



Coverage, the following is 

added under How Much We Pay For 

Loss Or Claim: 


and Protists Aggregate Liability 

Limit -- Regardless of the number of: 

a) "occurrences"; 

b) "insureds"; 

c) claims made or suits brought; 

d) persons injured; or 

e) assessments made; 

"our" total "limit" for Limited Wet Rot, 


Liability Coverage in any one policy 

year will not exceed the Wet Rot, Dry 


Liability Limit. However, this 

"limit" does not apply to coverage provided 

under Claims and Defense Cost 

and First Aid Expense under the Incidental 

Liability Coverages. 


and Protists Aggregate Liability Limit is 

the most that "we" pay for each consecutive 

annual period and for any remaining 

period of less than 12 months, 

beginning with the inception date of 

this policy as shown on the "declarations". 

If, however, the policy period is 

extended for an additional period of 

less than 12 months, this additional 

period will be considered part of the 

preceding period for the purpose of 

determining the "limit". 


and Protists Aggregate Liability Limit is 

$25,000 unless a higher Wet Rot, Dry 


Liability Limit is shown on the 

"declarations". 

7) With respect to this Limited Wet Rot, 


Liability Coverage, Restoration of Limits 

under How Much We Pay For Loss 

Or Claim does not apply. 

6. All other "terms" of the policy apply. 

WN HO 65 02 11 Page 6 of 6

Limited Coverage For Loss By Wet Rot, Dry Rot, Bacteria, Fungi, or ...

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