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  • JOHNSON, MARK A vs. FLEMING, CORALEA TMatters Involving Claims 15,001 - 50,000 document preview
  • JOHNSON, MARK A vs. FLEMING, CORALEA TMatters Involving Claims 15,001 - 50,000 document preview
  • JOHNSON, MARK A vs. FLEMING, CORALEA TMatters Involving Claims 15,001 - 50,000 document preview
  • JOHNSON, MARK A vs. FLEMING, CORALEA TMatters Involving Claims 15,001 - 50,000 document preview
  • JOHNSON, MARK A vs. FLEMING, CORALEA TMatters Involving Claims 15,001 - 50,000 document preview
  • JOHNSON, MARK A vs. FLEMING, CORALEA TMatters Involving Claims 15,001 - 50,000 document preview
  • JOHNSON, MARK A vs. FLEMING, CORALEA TMatters Involving Claims 15,001 - 50,000 document preview
  • JOHNSON, MARK A vs. FLEMING, CORALEA TMatters Involving Claims 15,001 - 50,000 document preview
						
                                

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Filing # 188072239 E-Filed 12/14/2023 04:30:52 PM EXHIBIT 1 cc ss , , S S 9) Customer shall provide the lock for the rental Space sufficient to secure Customer's personal property unless a permanent lock is already installed on the unit. Operator does not represent the adequacy of any particular lock, Customer shall not provide Operator, Operator's agents, authorized representatives and employees (collectively "Operator’s Agents") with a key or any kind of access code to Customer's Space. 10) Customer grants Operator and Operator's Agents or any governmental authority access to the Space: a) upon three (3) days prior written notice, b) upon default of the Agreement by Customer for thirty (30) days, c) in emergency circumstances (defined as imminent injury to persons or property), or d) as required by law. If Customer fails to grant access, Operator, Operator's Agents or the agents of any governmental authority shall have the right to remove Customer's lock and enter the Space to examine the contents, to make repairs or alterations, to take reasonabl steps to preserve the Space, to comply with the law, or to enforce Operator's rights; including the right to relocate Customer’s belongings if necessary. In the event that Operator must replace the lock, Operator may charge Customer for the lock. 11) Customer shall safeguard any property stored at the Facility. It is Customer's sole responsibility as to those persons who are given access to Customer's Space and Operator shall not be liable for anyone other than Customer entering the Space unless by Operator’s gross negligence. LIMITATIONS ON USE OF THE SPACE AND FACILITY Custom business has any stored and Facility. substances, Customer. Customer hereby waives he Facility. he clearance prinkler head diffuse LIMITATION OF OPERATOR'S LIABILITY AND INDEMNITY 15) OPERATOR IS NOT A WAREHOUSEMAN ENGAGED IN THE BUSINESS OF STORING GOODS FOR HIRE, AND NO BAILMENT IS CREATED BY THIS AGREEMENT. OPERATOR EXERCISES NEITHER CARE, CUSTODY, NOR CONTROL OVER CUSTOMER'S STORED PROPERTY AND ALL PROPERTY STORED WITHIN THE SPACE OR AT THE FACILITY BY CUSTOMER SHALL BE STORED AT CUSTOMER'S SOLE RISK 16) Operator, Operator's Agents, Operator’s affiliates and the Facility’s owner, if different, shall not be liable to Customer for any damage or loss to any person or property at the Facility and to any property stored in the Space, arising from any cause whatsoever, including, but not limited to, theft, fire, mysterious disappearance, mold, mildew, water, rain, rodents, insects, acts of God, partial or sole negligence or failure to act of Operator or Operator's Agents, except for damage or loss resulting from Operator's fraud, gross negligence or willful violation of law. Customer shall indemnify and hold Operator, Operator's Agents, Operator’s affiliates and the Facility’s owner, if different, harmless from any and all damage, loss, or expense arising out of or in connection with any damage to any person or property, occurring in the Space or at the Facility arising in any way out of Customer's use of the Facility, even if such damage or loss is caused entirely or in part by the negligence of Operator, Operator's Agents, erator’s affiliates or the Facility’s owner, if different. Operator, Operator's agents, Operator’s affiliates and the Facility’s owner, if different, shall not be liable whatsoever to any extent to Customer or Customer's invitees, family, employees, agents or servants for any personal injury or death arising from Customer's use of the Space or Facility from any cause whatsoever including, but not limited to, the active or passive acts, omissions or negligence of Operator or Operator's Agents. 17) Climate controlled spaces are heated and cooled depending on outside temperature. These spaces do not provide constant int rnal temperature or humidity control. Operator does not warrant or guarantee temperature or humidity ranges in the Space due to changes in outside temperature and humidity, or due to other considerations, and Customer understands and assumes the risk of climate controlled spaces not meeting certain temperature and humidity requirements. Customer agrees that the total value of the property stored shall not exceed $5,000 unless Operator has agreed in writing for Customer to store property exceeding $5,000; provided that Customer agrees that Operator's maximum liability to Customer for any claim or suit by Customer, including but not limited to any suit alleging wrongful foreclosure or sale of Customer’s property is $5,000. This section shall not create any liability on the part of Operator to Customer for any loss or damage to Customer's property, regardless of cause 19) No promises or representations of safety or security have been made to Customer by Operator or Operator's Agents. Operat makes no representation that video surveillance is present at any location or in any portion of a Facility and video surveillance equipment may be changed or removed at any time by Operator. There shall be no liability to Operator, Operator's Agents, Operator’s affiliates or the Facility’s owner, if different, in the event alarm, video system or sprinkler system, or any components thereof, shall fail or malfunction. Video recording devices are not monitored. 20) Operator’s Agents are not authorized or permitted to make any warranties about the Space or the Facility. Operator’s Agents’ ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES and shall not be relied upon by Customer. The entire agreement and understanding of the parties hereto are embodied in this writing and NO OTHER WARRANTIES are given. INSURANCE 21) Customer shall maintain comprehensive insurance coverage of at least 100% of the actual cash value of all personal property stored in the Space against damage by water, fire, extended coverage perils, vandalism and burglary. To the extent Customer does not main insurance for the full value of the personal property stored, or fails to maintain insurance at all, Customer bears all risk of loss or damage. Customer hereby releases Operator, Operator's Agents, Operator’s affiliates and the Facility’s owner, if different, from any and all claims for damage or loss to personal property that are caused by or result from perils that are, or would be, covered under the required insurance policy and hereby waives any and all rights of recovery against Operator, Operator's Agents, Operator’s affiliates and the Facility’s owner, if different, in connection with any damage which is or would be covered by any such insurance policy. CUSTOMER’S PERSONAL PROPERTY STORED IN THE SPACE OR AT THE FACILITY IS NOT INSURED BY OPERATOR AGAINST LOSS OR DAMAGE. 3 – Florida Lease - 201907311 tt CUSTOMER PROTECTION PLAN THE SMART WAY TO INSURE VALUABLES Ensure your peace of mind. Insure your valuables. When it comes to putting your important belongings in storage, some things are out of your control like flood, fire, windstorms and vandalism. Homeowner’s or renter’s insurance policies may provide insurance coverage for property in a storage space, but it might not be enough. With the Customer Protection Plan, you have the insurance you need to store your valuables with confidence and peace of mind. Easy and affordable. The Customer Protection Plan features affordable rates and no deductible. It is a primary pay policy, meaning this coverage may work with a homeowner’s policy that has a high deductible, possibly eliminating out of pocket expenses for a covered loss. When the time comes to make a claim, you’ll have the help of a customer service professional. In addition to covering many losses, the Customer Protection Plan also includes In-Transit Protection providing coverage for some mishaps while you move your items from home to storage. If you have questions about which items are covered, consult your policy certificate of insurance for details. Important information for our customers. Your self-storage facility is not responsible for any damage or loss to the property you store. All customers are required by the rental agreement to insure property stored at this facility. Contact your insurance agent to find out if your property stored at this location could have duplicate coverage under an existing policy. The insurance company may reinsure a substantial part of your insurance coverage with an affiliate of Extra Space Storage, which could then benefit from your purchase of this insurance. To review a Customer Protection Plan, call Beecher Carlson Insurance Services LLC at 1- -6071 or email at ESSCPP@beechercarlson.com Comprehensive water damage Almost all standard homeowner’s, renter’s and storage insurance policies not cover rises like that a flood or major thunderstorm, water main br or spills from an adjacent unit. At Extra Space Flood Protection is included with each standard policy. Pest protection. homeowner’s, renter’s, and other storage insurance products do not cover rodent, insect, or vermin damage up to policy limits. The Customer Protection Plan offers this coverage for you - just another way to help bring you peace of mind (some exclusions apply). We take the worry away. Insurance Rates STANDARD POLICY RATES Limits Premium Rates** $16.50 Underwritten by companies of IAT Insurance Group Monthly premium includes premium taxes Filing a claim is simple. Step 1: Contact your storage Site Manager as soon as your loss is discovered. Step 2: Contact a trained customer service representative at Beecher Carlson Insurance Services LLC at 1- 0- at esclaims@ACMclaims.com; or at https://www.acmclaims.com/secureforms2/claim/extraspace Step 3: Protect your items from further damage. Do not throw out or remove the damaged property until you have reported the incident and spoken with a Beecher claims adjuster. If possible, take photos or video. Time is valuable. Don’t wait. The unexpected can happen in an instant; but with the Customer Protection Plan, you can be ready. Call today to give your valuables the insurance protection they deserve. Beecher Carlson Insurance Services LLC Toll-free: 1- Insurance Questions: ESSCPP@beechercarlson.com Claim Questions: esclaims@ACMclaims.com 24/7 claim reporting: 1- Adjusters are available Mon : 10 a.m. 8 p.m., EST The purchase of insurance through the Customer Protection Plan is not required to lease a rental space. Most items in securely locked storage spaces are covered by the Customer Protection Plan and any purchased rider(s). The items not covered include, but are not limited to: deeds, legal documents, money, jewelry, watches, and furs, as well as any item(s) that are kept outside of a securely locked storage unit. Burglary is a covered risk when it’s the result of forced entry into a securely locked storage space. Any unearned premium will be returned to insured if policy is cancelled. This brochure is a summary of coverage only and is not a policy or a certificate of insurance. Please refer to the Certificate of Insurance itself for coverage terms, conditions, and exclusions, which apply in the event of loss. This plan is available to customers of: Extra Space Storage You deserve Extra Space. -STORAGE www.extraspace.com 7 Extra Space Storage LLC CERTIFICATE OF STORAGE INSURANCE OCCIDENTAL FIRE & CASUALTY COMPANY OF NORTH CAROLINA CUSTOMER PROTECTION PLAN UNDER MASTER POLICY NUMBER: IM00002000 This is to certify that the undersigned has arranged insurance as hereinafter specified and underwritte Occidental Fire & Casualty Company of North Carolina DEFINITIONS: When used in reference to this insurance, “you” and “your” refer to the person(s) named as tenant in the Rental Agreement. “We,” “us” and “our” refer to the insurance company. In addition, certain words and phrases are defined as follows: OWNER – shall mean the owner, landlord, lessor or operator of the self storage facility. RENTAL AGREEMENT – means the Rental Agreement executed and in effect between you and the “owner”. INSURANCE APPLICATION – means the “Application For or Rejection of Insurance under the Customer Protection Plan” form you completed. AMOUNT OF INSURANCE – means the amount of insurance that you designated by your initials in the application for coverage. PREMIUM – means the amount shown in the insurance application as premium for your insurance. INSURING AGREEMENT: We will provide insurance under The Master Policy in consideration of your payment of the premium shown in the Insurance Application. EFFECTIVE DATE: This insurance attaches on the date shown in the Rental Agreement. This insurance shall remain in effect until terminated or cancelled as provided by this certificate. PROPERTY INSURED: We cover your personal property or the personal property of others for which you may be liable or have assumed liability prior to a loss: 1) while in storage within the enclosed storage space described in the Rental Agreement; or 2) while stored in a securely enclosed and locked vehicle or trailer and parked in a designated parking space. Vehicle, trailer and parking space are as described in the Rental Agreement. Vehicle or trailer will not be covered for any type of loss or damage, this coverage applies only to personal property securely stored inside a vehicle or trailer. PERILS INSURED AGAINST: We cover direct loss to property insured by the following perils, except as otherwise excluded but limited to the amount of insurance. Fire or Lightning Vandalism or Malicious Mischief Windstorm or Hail Falling objects, provided the exterior of the building containing the property is first damaged by such falling Explosion or Sonic Boom objects Strikes, Riot or Civil Commotion Weight of Ice, Snow or Sleet Aircraft, Self propelled Missiles or Spacecraft Collapse of Buildings containing the property insured, other than by earthquake Vehicles Water Damage except as excluded under Paragraphs (b) and (c) “Exclusions” Smoke Flood, surface water, waves, tides, tidal waves, overflow of any body of water, or their spray, all whether driven Landslide, including sink hole collapse by wind or not ADDITIONAL COVERAGES: We will also provide these additional coverages up to the amounts stated below. These additional coverages do not increase the Amount of Insurance. BURGLARY: 100% of the amount of insurance for each insured loss by burglary or holdup. The term Burglary shall mean the act of stealing property by forcible entry into the storage space described in the Rental Agreement; however, this coverage only applies when such storage space is securely locked at the time of the forcible entry. DEBRIS REMOVAL: 20% of the amount of your insurance under the Master Policy to cover the necessary expense incurred in the removal of debris from the property insured following an insured loss. TRANSI 100% of the amount of your insurance under the Master Policy for loss by fire or by the collision or overturn of a motor vehicle or trailer upon which covered property is being transported while such property is in transit to or from the storage space, provided the property is within 50 miles of the described storage facility. There is no coverage for damage to a motor vehicle or trailer in transit. EXTRA RENTAL SPACE: 20% of the amount of your insurance under the Master Policy to cover the extra expense necessarily incurred by you for the rental of substitute storage when occupancy of the described storage space is prevented as a result of loss or damage to storage facility building by a peril insured against in this policy. VERMIN (RODENTS AND INSECT PESTS): 100% of the amount of insurance for each insured loss by damage from vermin. This additional coverage only applies when no food or food residue is stored within the storage unit or if the vermin are not brought in to the storage unit by the storage unit tenant. EXCLUSIONS: We do not insure: Accounts, bills, currency, deeds, evidence of debt, evidence of ownership, contracts and titles, securities, negotiable instruments, money, lottery tickets, notes, animals, jewelry, watches, precious or semi precious stones, furs, or garments trimmed with fur, breakage of glass or similar fragile articles, illegal drugs, food, alcohol and explosives. Against loss or damage caused by or resulting from wear and tear, gradual deterioration, maintenance, inherent vice, latent defect, vermin (moths, insects, rodents), mold, mildew, wet or dry rot, atmospheric condition and /or changes in temperature, delay, loss of use or loss of market. Exclusion for vermin applies only if food or food residue was stored in storage unit or if tenant brought vermin on to the insured premises. Against loss or damage caused by, resulting from, contributing to or aggravated by earthquake, unless fire or explosion ensues, and then we will pay only for the ensuing loss. Loss or damage caused by cigarettes or other smoking materials, unless fire ensues. Loss or damage caused by the neglect of the Insured to use all reasonable means to save and preserve the insured property at and after the occurrence of any peril insure against, or when the insured property is endangered by an insured peril. Loss or damage caused intentionally by the Insured or at the direction of the Insured. Loss or damage of contraband, or caused by illegal transportation or trade. Loss or damage resulting from activity in violation of the Lease Agreement. Loss or damage caused by theft or mysterious disappearance, except burglary as covered herein. Losses caused by nuclear hazards: “Nuclear Hazard” means any nuclear reaction, radiation or radioactive contamination, all whether controlled or uncontrolled of however caused or any consequence of any of them. Loss caused by the nuclear hazard shall not be considered loss caused by fire, explosion, or smoke, whether these perils are specifically named in or otherwise included within the “Perils Insured Against” clause. The insurance evidenced by this policy does not apply to loss caused directly or indirectly by nuclear hazard, except that direct loss by fire resulting from the nuclear hazard is covered War risk and governmental action: The insurance evidenced by this policy does not apply to loss caused directly or indirectly by or due to any act or condition incident to the following: Hostile or warlike action in time of peace or war, including action in hindering, combating, or defending against an actual , impending or expected attack, By any government or sovereign power (de jure or de facto), or by any authority maintaining or using military, naval or air forces; or By military, naval or air forces or By an agent of any such government, power, authority or forces, it being understood that any discharge, explosion or use of any weapon of war employing nuclear fission or fusion shall be conclusively presumed to be such a hostile or warlike action by such governmental power, authority or forces. Insurrection, rebellion, revolution, civil war, usurped power or action taken by governmental authority in hindering, combating or defending against such an occurrence, and seizure or destruction under quarantine, or customs regulations, confiscation by order of any government or public authority, or risks of contraband or illegal transportation or trade. COI CPP Base 160601 TERMINATION OF INSURANCE: This insurance shall automatically terminate without notice to you: On the date your Rental Agreement is terminated; On the first day you fail to pay the premium in full for this insurance by the monthly anniversary day, or As provided in the Cancellation clause shown below. VALUATION: The value of the property will be determined at the time of loss and will be the least of the following amounts: The actual cash value of that property; The cost of reasonably restoring that property to the condition immediately before loss; or The cost of replacing that property of like kind and quality. OTHER INSURANCE: If a loss is also covered by other insurance, we will pay only the proportion of the loss that this amount of insurance bears to the total amount of insurance covering the loss. DUTIES YOU HAVE AFTER A LOSS: u will give prompt notice to Owner at site location and to our authorized representative, listed below, and in case of Burglary also to the police. The notice should include: How, when and where the loss occurred; The property involved and your interest in it; and The names and addresses of any witnesses. IF YOU HAVE A LOSS: Beecher Carlson Insurance Services LLC Phone # 800 – 423 - 6071 Telephone, write or fax: AMERICAN CLAIMS MANAGEMENT (New claim reporting 24/7) Or email to: esclaims@ACMclaims.com 8390 E. Crescent Parkway, Suite 200 (Adjusters are available from 10:00 or on line at: https://www.acmclaims.com/secureforms2/claim/extraspace Greenwood Village, CO 80111 AM to 8:00 PM EST) CONCEALMENT, MISREPRESENTATION AND FRAUD: If you commit fraud by intentionally concealing or misrepresenting a material fact concerni The insurance evidenced by this Certificate, Covered property or Your interest in the covered property You will void your insurance under this policy and be subject to prosecution. EXAMINATION UNDER OATH: Before recovering for any loss, if requested, you: Will permit us to inspect the damaged property before it is disposed of or repaired; Will send us a sworn statement of loss containing the information we request to settle your claim within 60 days of our request; Will agree to examinations under oath at our request; Will produce others for examination under oath at our request; Will provide us with all pertinent records needed to prove the loss; and Will cooperate with us in the investigation or settlement of the loss APPRAISAL: If you and we do not agree as to the amount of loss, then you and we will select a competent appraiser upon receiving a written request from the other. The appraisers will select an umpire. If they do not agree on an umpire, the appraisers will ask a judge of a court of record of the state in which the appraisal is pending to make the selection. The written agreement of any two will be binding and set the amount of loss. You will pay the expense of your appraiser and we will pay for ours. You and we will share equally the expense of the umpire and the other expenses of the appraisal. LOSS PAYMENT/OTHER RECOVERIES: We will pay or make good any insured loss under the insurance evidenced by this certificate within 30 days after we reach agreement with you, the entry of final judgment or the filing an arbitration award, whichever is earlier. We will not be liable for any part of a loss which has been paid or made good by others. LEGAL ACTION AGAINST US: No one may bring legal action against us unless: There has been full compliance with all terms of the insurance evidenced by this certificate; an Such action is brought within two years after you first have knowledge of a loss. TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS TO US: If any person or organization to or from whom we make payment under the insurance evidenced by this certificate has a right to recover damages from another, that right must be transferred to us. That person or organization must do everything necessary to assist us, and must do nothing after the loss to hinder us in our recovery. PAIR, SET OR PARTS: Pair or Set. In case of loss to any part of a pair or set we may: Repair or replace any part to restore the pair or set to its valuation before the loss; or Pay the difference between the valuation of the pair or set before and after the loss. Parts. In case of loss to any part of covered property, consisting of several parts when complete, we will pay only for the valuation of the lost or damaged part. OPTIONAL ARBITRATION: Except for decisions made under the appraisal condition, in the event you and we fail to agree as to the interpretation or applicability of any of the terms of our Insurance, you may elect to resolve the disagreement by binding arbitration in accordance with the statutory rules and procedures of the state in which the property is located or in accordance with the Commercial Arbitration Rules of the American Arbitration Association. This option is granted to you subject to the following terms and conditions: Any arbitration instituted to determine coverage for a specific loss must be started within one year after the occurrence causing loss or damage. This optional arbitration clause is intended to grant an additional right to you. All other terms and conditions of this contract remain the same, and no rights or duties of yours or ours shall be diminished or negated by reason of this clause or exercise of this option. CANCELLATION: The insurance evidenced by this Certificate may be canceled at any time by you, upon providing advanced notice in writing to us or Beecher Carlson Insurance Services LLC. Beecher Carlson will send notice to your address shown on the Rental Agreement prior to the effective date of cancellation of this certificate. The insurance evidenced by this policy shall automatically terminate in event of non payment or partial payment of premium as provided above without further notice to you. Premium for the month of cancellation is fully earned and there shall be no return premium due you for such month. If any part of this paragraph is in conflict with s ecific state requirements the state requirements will apply. CHANGES: This Certificate and the Master Policy contains agreements between you and us concerning the insurance afforded. This policy’s terms can be amended or waived only by endorsement issued by us and made a part of The Master Policy. COI CPP Base 160601