5.6 Limitations Copy

Building Ordinance or Law Coverage Limitations

The insurer will not pay for the increased cost of construction:

• If the building or structure is not rebuilt or repaired;
• If the rebuilt or repaired building or structure is not intended for similar occupancy as the current building or structure;
• Until the building or structure is actually repaired or rebuilt at the same premises; or
• Unless the rebuilding or repairs are made as soon as reasonably possible after the loss or damage, not to exceed 365 days after loss unless the insured has requested in writing that this time limit be extended for an additional 180

The insurer does not cover:

• The loss in value to any covered building or other structure due to the requirements of any ordinance or law; or
• The costs to comply with any ordinance or law which requires any “insured” or others to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, assess the effects of, pollutants on any covered building or other structure.

Pollutants mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes material to be recycled, reconditioned or reclaimed.

• If the insured property is located in an area which is eligible for coverage through the Texas Windstorm Insurance Association, the coverage described above also applies to the increased cost the insured incurs due to the repair, replacement or demolition required for the dwelling to comply with the building specifications contained in the Texas Windstorm Insurance Association’s plan of operation.
• War Damage – The insurer does not cover loss directly or indirectly from war. This includes undeclared war, civil war, insurrection, rebellion, revolution, warlike, act by military personnel, destruction or seizure or use for military purpose, and including any consequence of these. Discharge of a nuclear weapon will be deemed a warlike act even if accidental.
• Nuclear Damage – The insurer does not cover loss resulting directly or indirectly from nuclear reaction, radiation or radioactive contamination, all whether controlled or uncontrolled or however caused. The insurer covers loss by fire resulting from nuclear reaction, radiation or radioactive contamination.

DEDUCTIBLE (THE INSURED’S CONTRIBUTION) – The insurer will deduct from the amount of the loss or damage to each item of insurance in any one occurrence the deductible amount shown on the declarations page.