AAIS Golf Course Coverage

AAIS GOLF COURSE COVERAGE FORM ANALYSIS

(February 2024)

 

Introduction

Eligibility

Policy Construction

IM 7305–Schedule of Coverages–Golf Course Coverage

IM 7300–Golf Course Coverage Analysis

   Agreement

   Definitions

   Property Covered

   Property Not Covered

   Coverage Extensions

   Supplemental Coverages

   Perils Covered

   Perils Excluded

   What Must Be Done in Case of Loss

   Valuation

   How Much We Pay

   Loss Payment

   Other Conditions

Endorsements and Schedules

Underwriting Considerations

INTRODUCTION

Golf course property is a mixture of types of property that can be difficult to cover under other types of coverage forms. The IM 7300–Golf Course Coverage combines coverage for all of the types of property on a typical course. The mats, flags, trees, bunkers, golf carts and even the fairways, tees, and greens are covered.

ELIGIBILITY

Any commercial enterprise that owns or operates a golf course, driving range, has golf course property, or is required to insure golf carts is eligible.

POLICY CONSTRUCTION

AAIS Golf Course coverage requires at least these four forms:

IM 7305–SCHEDULE OF COVERAGES–GOLF COURSE COVERAGE (01 12 changes)

This Schedule of Coverages is used with IM 7300–Golf Course Coverage. IM 7305 contains the following information:

Policy Number (01 12 addition)

The 01 12 edition added a space to enter the policy number.

Covered Golf Course

A description of the covered golf course is entered in the space provided.

Covered Property

The coverages and limits that apply are entered in the spaces provided:

The 01 12 edition added quotation marks around the word Limit (“Limit”) because Limit is a defined word.

Coverage Extensions

The 01 12 edition added the word “Limit” above the spaces where limits are entered.

The limit on the Schedule of Coverages for this coverage applies to all covered locations.

The limit is $5,000 unless a different limit is entered.

Supplemental Coverages

This coverage provides additional limits of coverage or additional coverage. Required entries vary by type of coverage.

The limit is $5,000 unless a different limit is entered.

The limit is $10,000 unless a different limit is entered.

A box for either Coverage Not Provided or Coverage Provided must be checked. If the box for Coverage Provided is checked, the Hail Limit is the most paid for loss in a single occurrence.

Deductible

The deductible amount must be entered in the space provided.

Additional Information (01 12 change)

This section of the schedule of coverages lists endorsements and forms included when the policy is issued.

The previous edition referred to this section as Optional Coverages and Endorsements.

IM 7300–GOLF COURSE COVERAGE FORM ANALYSIS

This analysis is of the 04 04 edition.

Agreement

This section states that the insurance company provides the coverage described in the coverage form and in the schedule of coverages in return for the named insured paying the premium. This is subject to all the coverage form's terms, conditions, endorsements, and definitions.

Definitions

Defined terms are used throughout the coverage form. It is very important to carefully review these definitions because they can restrict or broaden the standard definition of these terms. Seventeen terms are defined:

1. You and your

The party(ies) named on the declarations as the insured.

2. We, us, and our

The insurance company that is providing the coverage.

3. Driving range property

Property that is commonly found on a driving range. Specifically listed are mats, tees, dividers, ball baskets, bag racks, and yard markers, along with ball washers, ball dispensers, and mobile equipment that recover golf balls from the driving range.

4. Earth movement

Earthquake is one type of earth movement. Landslide, mudflow, mudslide, and mine subsidence are also earth movement, as are sinking, rising, or shifting of earth and any other movement or vibration of the earth’s surface. The definition removes sinkhole collapse as earth movement.

5. Fairway

 Located between the tee and the green, this is the area of both cut and long grass on a golf course.

6. Flood

This is flood. It is also surface water, waves, tidal water, or overflow of bodies of water. Spray that comes from any of these regardless of wind-driven or not is also considered flood.

7. Golf course

The defined fairways, greens, and tees are considered golf course. The sand traps, bunkers and any trees, shrubs, and plants that are in the ground beside the fairways are also considered golf course.

8. Golf course property

This list of property is very extensive. It consists of in-ground sprinkler systems and all related equipment along with permanently installed drying fans for greens and cups. It includes flags and flagsticks at greens, ball washers, benches, water coolers, signs, markers, and retaining walls at tees. Paved cart paths, bridges, and fences adjacent to fairways and portable restroom facilities and out-houses are also golf course property.

9. Green

The very short grass area on the golf course that is used to be used for putting.

10. Limit

The amount of coverage that applies to the insured property.

11. Pollutant

This is a broad and expansive term. It is solids, liquids, thermal or radioactive contaminants, and irritants. It includes, but is not limited to, acids, alkalis, chemicals, fumes, smoke, soot, vapor, and waste. Waste includes materials intended for recycling, reclamation, and reconditioning, as well as for disposal. Visible and invisible electrical or magnetic emissions and sound emissions are also considered pollutants.

12. Schedule of coverages

Any page that is labeled as such that contains coverage information, the declarations or supplemental declarations are included as schedule of coverages.

13. Sinkhole collapse

The earth’s surface suddenly settling or collapsing into an underground opening created by water acting upon limestone or some other rock formation. Neither the value of the collapsing land nor the cost to fill the sinkhole is considered sinkhole collapse.

14. Specified perils

The named perils of aircraft, civil commotion, explosion, falling objects, fire, hail, fire extinguishing equipment leakage, lightning, riot, sinkhole collapse, smoke, sonic boom, vandalism, vehicles, volcanic action, water damage, weight of sleet, snow or ice and windstorm. Two terms need further explanation.

Falling objects do not include loss to personal property stored in the open. Unless a falling object first breaches the building's exterior, there is no coverage for damage to the interior of buildings or personal property stored in buildings.

The cracking or breaking of part of the system or appliance that holds water or steam that results in a sudden or accidental discharge or leakage of that water or steam is water damage.

15. Tee

The area at the beginning of each hole where golfers begin to play.

16. Terms

All provisions, limitations, exclusions, conditions, and definitions that apply to this coverage.

17. Volcanic action

An airborne volcanic blast or shock waves, ash, dust, and particulate matter. This does not include the cost to remove dust, ash, or particulate matter when there is no direct damage to covered property. Lava flow is also considered volcanic action.

Property Covered

The following four types of property can be covered. When a limit is entered on the schedule of coverages for that type of property, coverage applies for that type of property subject to any exclusions or limitations.

1. Golf Course

a. The named insured's golf course and its practice putting greens are covered for direct physical loss when caused by a covered peril.

b. Coverage is limited to only the golf course listed and described on the schedule of coverages.

Example: Mountainview Golf Resort contains three different golf courses. The Described Golf Course section of the schedule of coverages describes all three courses. A limit equal to the value of all three courses is entered next to Golf Courses. A tornado strikes Mountainview and causes damage at all three courses. The losses are all covered.

 

2. Golf Course Property

a. The named insured's golf course property and similar property of others in its care, custody, or control is covered for direct physical loss when caused by a covered peril.

b. Coverage is limited to only the location listed and described and for no more than the Golf Course Property limit on the schedule of coverages.

 

Example: Mountainview Golf Resort covers all of the property at all three courses and enters one limit for all property. Some of the property is portable and moves between courses. The good news is that this property is covered wherever it is located because everything is covered under one limit.

3. Driving Range Property

a. The named insured's driving range property is covered for direct physical loss when caused by a covered peril.

b. Coverage applies only if the property is adjacent to the golf course listed and described and for no more than the Driving Range Property limit on the schedule of coverages.

c. Coverage does not apply to ball washing and ball dispensing equipment installed and operated in buildings or structures.

 

Example: Mountainview’s driving range is located at a midpoint between the three courses. A limit is entered so that coverage is provided. The ball washing equipment inside the pro shop is not covered because the pro shop’s commercial property coverage form insures the equipment.

 

4. Golf Carts

a. The named insured's golf carts and similar property of others in its care, custody, or control are covered for direct physical loss by a covered peril. Golf carts are broadly defined. They include those used to transport golfers on the course, the ones that deliver beverages and snacks to golfers on the course, and those used for groundskeeping and other related golf course work. Any electronic range finding equipment and similar electronic equipment that is permanently installed on a golf cart are included.

b. Coverage applies only while the carts are on or adjacent to the golf course listed and described and for no more than the Golf Cart limit on the schedule of coverages.

 

Example: Mountainview Resort owns 25 golf carts that it rents out. It also stores 25 golf carts that individual members own and use. All carts are covered under the limit of insurance entered on the schedule of coverages.

Property Not Covered

Five specific types of property are excluded:

1. Buildings

Permanent structures, as well as shelters and permanent restroom facilities, are not covered and, therefore, should be covered under a commercial property coverage form.

2. Contraband

Property that is illegal to possess is not covered. Property that is legal to possess but is being used as part of an illegal trade or transported illegally is also not covered.

3. Land and Water

The golf course's land and water. There are no exceptions to this. All of the land and all of the water, artificial or natural, without exception, are not covered.

Note: Greens and fairways are covered, but the land upon which or into which they are planted is not.

Example: The greenskeeper at Fun Golf Course wants to rid the course of gophers. He becomes crazed, and Fun Golf fires him because he is neglecting his other duties. He returns one evening to get revenge and places explosives in the gopher hole. An underground explosion occurs that causes a large hole in the course but does not injure the gopher. The filling of the hole, its leveling, and preparation are not covered. However, the damage to the fairway, which is golf course property, is covered.

4. Money and Securities

A number of types of property are not covered under this item. Accounts, bills, currency, food stamps, evidence of debt, and lottery tickets not held for sale, in addition to money, notes, or securities, are all not covered.

Note: This property is more correctly insured under commercial crime coverage forms.

Related Article: Commercial Crime Coverage Analysis

5. Vehicles

A vehicle licensed for road use or designed and intended to be used on public highways.

Note: This could be a serious limitation in communities where golf carts are increasingly being licensed for road use.

Example: A number of roads run through Mountainview. Many members find it more convenient to travel on those roads between the courses instead of relying only on the golf paths. The state requires that any golf cart used on public roads be licensed, and some of the golf carts have been so licensed. If one of those golf carts is damaged, this restriction could deny coverage.

Coverage Extensions

Provisions That Apply To Coverage Extensions

There is one coverage extension. Its limit is either the limit on the schedule of coverages or the default limit included in the coverage form. This limit is part of the applicable limit for covered property and not in addition to it unless otherwise indicated. This limit is not added to or combined with limits for any other coverage extension or supplemental coverage and is not subject to any coinsurance provisions that apply elsewhere in the coverage form.

Debris Removal

a. When a covered peril damages or destroys covered property, the cost to remove any created debris is covered under this extension.

b. Debris removal does not include any costs for removing, restoring, or replacing polluted land or water or extracting pollutants.

c. There are two parts of the Limit section. The first is restricting any debris removal payment to no more than 25% of the amount paid for the actual direct physical loss or damage. The second part is that when the debris removal and the physical damage loss are added together, no more than the limit of insurance is paid.

d. An additional $5,000 (or a higher amount entered on the schedule of coverages) is available if the debris removal expense is more than 25% of the loss amount or if the combined cost of loss and debris removal is more than the limit of insurance for the covered property.

e. The named insured must report debris removal expenses to the insurance company within 180 days of the loss date for this coverage extension to apply.

Supplemental Coverages

Provisions That Apply To Supplemental Coverages

There are three supplemental coverages. The limit for each is the limit for the supplemental coverage unless there is a limit for that coverage on the schedule of coverages. Limits for any supplemental coverage are separate from and not part of the applicable limit for covered property.

The limit available for coverage described under a supplemental coverage is the only limit available for it. It is not the total of the limit for a supplemental coverage and the limit for covered property. The limits are not added to or combined with limits for any other supplemental coverage or coverage extension. They also are not subject to any coinsurance provisions that apply elsewhere in the coverage form.

1. Hail Coverage

The Perils Excluded lists hail as excluded. This Supplemental coverage gives that peril back but only when a check is displayed in the Coverage Provided box on the schedule of coverages, along with a limit in the space provided.

Note: To avoid confusion, if hail coverage is not provided, check the "Coverage Not Provided" box and enter "none" in the limits space.

2. Off-Site Property

Golf carts, golf course, and driving range property are covered only while on premises. This supplemental coverage provides for off-site coverage for that same property but only for repair and maintenance work. The property is also covered while in transit to and from that off-site location. The most paid in a single occurrence is $5,000. This limit can be increased.

An off-site location is one that is not on or adjacent to the described golf course property.

3. Pollutant Cleanup and Removal

a. The insurance company pays the named insured's expenses to extract pollutants from land or water if a covered peril that occurred during the policy period caused the pollutants to be released or discharged.

b. This is immediate coverage so any expenses to extract pollutants are paid only when reported to the insurance company within 180 days of the date of loss.

c. Costs related to testing, evaluating, observing, or recording pollutants are excluded except for those costs that are part of the extraction process.

d. The most paid at any one location is $10,000 for all such expenses that a covered peril that occurs at that location during each separate 12-month policy period causes. This limit can be increased.

Perils Covered

Perils Covered is based on the coverage provided.

1. Golf Course

The Golf Course is covered only for direct risks of physical loss from the following:

 

2. All Other Coverages

Risks of direct physical loss or damage to Golf Course Property, Driving Range Property and Golf Carts are covered, except as limited or excluded.

Perils Excluded

1. Primary Exclusions

The first group of exclusions is essentially absolute. Subject to specific exceptions, loss or damage by each is totally excluded, regardless of any other cause or event that contributes to a loss, either concurrently or in any other sequence. The insurance company does not pay for any direct or indirect loss or damage caused by or results from any of these events.

Related Article: Concurrent Causation and Anti-Concurrent Causation Clauses–A Discussion

a. Civil Authority

There is no coverage for loss that results from an order any civil or government authority issues. These orders may include seizure, confiscation, destruction, or quarantine of property, but this exclusion is not limited to only these. The only exception is when the loss or damage is caused by a civil authority destroying property to control a fire. This exception applies only if the fire results from a covered peril.

b. Earth Movement or Volcanic Eruption

Earth movement is not covered except for the following five exceptions:

c. Flood

The insurance company does not pay for loss caused by flood.

There are two exceptions:

d. Nuclear Hazard

The insurance company does not cover loss or damage caused by or resulting from any nuclear reaction, radiation, or contamination. This is absolute and applies whether or not the nuclear incident was controlled, and by whatever means caused. Any loss the nuclear hazard causes is not treated as a loss that fire, explosion, or smoke causes. The only exception is when a fire results from the nuclear fire. Direct loss or damage from that fire is covered, but the damage from the nuclear hazard remains excluded.

e. Ordinance or Law

There is no coverage for any loss or increased construction costs because of enforcing any government regulation that controls the use, construction, or repair of any property. Loss because of a requirement to demolish the property and remove its debris is also excluded. This exclusion also applies to enforcement that takes place even if the property was not damaged and to increased costs incurred due to complying with such a regulation.

f. Sewer Backup and Water below the Surface

Coverage does not apply to loss caused by water that backs up from a sewer or drain. It also does not apply when water below the surface of the ground that exerts pressure on covered buildings or structures causes damage.

There are two exceptions:

g. War and Military Action

The insurance company does not pay for loss or damage caused by any act of war. Undeclared and civil war or warlike action by a military force is all considered war. All actions taken to hinder or defend against an actual or expected attack by any government or sovereign authority that uses military personnel or other agents are also considered war and excluded. In addition, acts of insurrection, rebellion, revolution, or unlawful seizure of power and any action any government authority takes to prevent or defend against any such acts are excluded. If any action within the terms of this exclusion involves nuclear reaction, radiation, or contamination, this exclusion applies in place of the nuclear hazard exclusion.

Note: This means that the exception for resulting fire under the nuclear hazard is not covered when it results from war.

2. Secondary Exclusions

The second group of exclusions applies to loss or damage caused by or resulting from any of the following loss events. Some of these exclusions have exceptions, conditions, or limitations that should be noted and reviewed carefully. The insurance company does not pay for any loss or damage caused by or that results from any of these events.

a. Animals

There is no coverage for loss to covered property that insects, birds, vermin, rodents, or other animals cause.

 

Example: Over the winter, a large family of mice decided to make their homes in the golf carts stored in the golf cart shed. When Mountainview tried to move the carts out for spring servicing, none moved because their electrical wiring had been stripped. In addition, the seat cushions had been nibbled through, and waste products were everywhere. There is no coverage for any of the mice-caused damage to the carts.

 

b. Contamination or Deterioration

Loss or damage that is caused by contamination or deterioration is excluded. This applies to corrosion, decay, fungus, mildew, mold, rot, and rust. It also applies to any quality, fault, or weakness in covered property that causes it to damage or destroy itself. However, this exclusion is not limited to only these described causes.

 c. Criminal, Fraudulent, Dishonest, or Illegal Acts

Coverage does not apply to loss caused by, or that results from criminal, fraudulent, dishonest, or illegal acts that any of the following commit alone or in collusion with another:

Coverage applies if employees destroy property. It does not apply if employees steal.

Coverage for this exposure should be purchased using a commercial crime coverage form.

Related Article: ISO Commercial Crime Coverage Forms and Policies Analysis

d. Hail

There is no coverage for loss to covered property that hail causes. There are two exceptions:

Example: A sudden hailstorm forced all players to run away and seek shelter. A grill had been set up and was left unattended. The hail was so violent that it knocked over the grill. This caused the burning coals to be thrown on golf carts parked nearby and into some nearby trees. The hail damage to the grill was not covered, but the resulting fire damage was.

e. Loss of Use

There is no coverage for loss caused by or resulting from delay, loss of use, or loss of market.

f. Mechanical Breakdown

When mechanical, structural, or electrical breakdown or malfunction causes a loss, it is excluded. The loss is excluded even if a breakdown results from a structural, mechanical, or reconditioning process. There are no exceptions.

g. Missing Property

The unexplained or mysterious disappearance of the covered property is excluded when there is no physical evidence to suggest what happened to it, and the only proof that a loss occurred is based on an audit or physical inventory. The one exception is that this does not apply to covered property in the custody of carriers for hire.

 

Example: Jeremy unlocked the golf cart shed on Monday morning. He counted the carts and noticed that three were missing. He checked the inventory to determine the ones that were not there. There was no sign of forced entry, and he could not remember when he had last seen the particular carts or even if they had been returned to the shed earlier. There is no coverage for the carts that disappeared because there is no physical evidence as to what happened to them.

 

h. Pollutants

There is no coverage for loss caused by or that results from any release, discharge, seepage, migration, dispersal, or escape of pollutants. There are three exceptions:

i. Temperature/Humidity

Coverage does not apply to loss that dryness, dampness, humidity, changes in, or extremes of temperature causes. However, if a specified peril occurs due to any of these, coverage applies to the loss or damage that specified peril causes.

j. Voluntary Parting

Loss to covered property voluntarily given to others is not covered, even if the surrender was due to a fraudulent scheme, trick, or false pretense.

 

Example: Carla is approached by a police officer who demands that she provide him with a golf cart so that he can pursue a thief on the course. She asks for his identification, is satisfied, and provides him with the keys. Later she asked her supervisor about the police-related incident and was told there had not been one. She then explained her actions, and immediately a search was started for the cart. The next day, it was discovered in a wooded area near the course, but it had been totally destroyed. There was no coverage because Carla had voluntarily given the golf cart away.

 

k. Wear and Tear

Loss or damage caused by wear, tear, marring, or scratching is excluded.

What Must Be Done In Case Of Loss

1. Notice

The named insured must promptly notify the insurance company or its agent of a loss. The notice must include a description of the property lost or damaged. If a criminal act caused the loss, the appropriate law enforcement agency must also be notified. The insurance company has the right to require that any notice to it be in writing.

2. You Must Protect Property

During and after a loss, the named insured must take all reasonable steps to protect covered property from further loss. The insurance company pays reasonable costs the named insured incurs, but to do so, the named insured must maintain accurate records to substantiate the costs. Paying these costs is not in addition to the policy limits. There is no coverage for any repairs or emergency measures performed on property not already damaged by a covered peril.

Note: Such costs incurred reduce the amount available to pay the actual loss.

3. Proof of Loss

The named insured must complete and return the insurance company's prescribed proof of loss forms within 60 days after the company requests it. The information provided must include the time, place, and circumstances involved with the loss and information on any other insurance coverage that may apply. It must also include the named insured’s interest and the interest of others with respect to the property involved, including lienholders, loss payees, and mortgagees. Any changes in the title to the property during the policy period must be disclosed, in addition to providing any other reasonable information the company may require to adjust and settle the loss.

4. Examination

Examination under oath may be required in matters that relate to the loss. The insurance company may request these examinations more than once, but such requests must be reasonable. If multiple persons are examined, the company has the right to examine each individual separately.

5. Records

The named insured must produce any records related to the loss. The insurance company must be allowed to make copies and take extracts of them as often as it reasonably requests. Records include tax returns and bank microfilms of all related cancelled checks, but records are not limited to just these.

6. Damaged Property

Both damaged and undamaged property must be made available for the insurance company's inspection as often as reasonably necessary. It must also be allowed to take samples of the property to the extent necessary to adjust and settle the loss.

7. Volunteer Payments

The named insured may not voluntarily make payments, assume obligations, pay or offer rewards, or incur other expenses without the insurance company's express approval. If it does, it does so at its own expense. The only exceptions are those costs incurred to protect property, as item 2. above describes.

8. Abandonment

The named insured may not abandon damaged property to the insurance company without its written consent.

9. Cooperation

The named insured must cooperate with the insurance company and perform all acts this coverage form requires.

Valuation

1. Actual Cash Value

The value of covered property is its actual cash value at the time of loss. Actual cash is replacement cost new minus depreciation.

2. Pair or Set

The value of a loss that involves damage to or loss of one part of a pair or set is based on a reasonable proportion of the value of the entire pair or set. However, the loss of one part of a pair or set is not considered a total loss.

Note: This recognizes that the value of the whole is greater than the value of individual parts but that the remaining parts still have value as separates.

3. Loss to Parts

The value of a lost or damaged part of property that consists of several parts is the cost to repair or replace only the lost or damaged part.

How Much We Pay

1. Insurable Interest

The insurance company does not pay more than the named insured's insurable interest in the covered property at the time of loss.

Note: This coverage form provides coverage for golf carts that belong to others. The named insured has no insurable interest in those carts, so this condition could be a problem.

2. Deductible

The insurance company pays only the amount of loss that exceeds the deductible amount on the schedule of coverages.

3. Loss Settlement Terms

Subject to other items in this section, the insurance company pays the least of the following:

4. Insurance under More Than One Coverage

Two or more coverages in the coverage form may apply to the same loss. In that case, the insurance company does not pay more than the value of the actual claim, loss, or damage sustained.

5. Insurance under More Than One Policy

a. Proportional Share

The named insured may have other coverage subject to the same terms as this coverage form. In that case, this coverage form pays only its share of the covered loss. That share is the proportion that its limit of insurance bears to the limits of insurance of all insurance that covers on the same basis.

b. Excess Amount

There may be other coverage available to pay for the loss other than as described in 7. a. above. In that case, this coverage form pays on an excess basis. It pays only the amount of covered loss that exceeds the amount due from the other coverage, whether collectible or not. Any payment is subject to the limit of insurance that applies.

Loss Payment

1. Loss Payment Options

a. Our Options

The insurance company has the following four loss payment options if a covered loss occurs.

b. Notice of Our Intent to Rebuild, Repair, or Replace

The insurance company must notify the named insured of its intent to rebuild, repair, or replace within 30 days after it receives a properly completed proof of loss.

2. Your Losses

a. Adjustment and Payment of Loss

The insurance company adjusts all losses with and pays the named insured unless another loss payee named in the policy is involved.

b. Conditions for Payment of Loss

The insurance company pays a covered loss within 30 days after it receives a properly prepared proof of loss and the amount of loss is established. The amount of loss is determined by either a written agreement between the company and the named insured or after an appraisal award is filed with the company.

3. Property of Others

a. Adjustment and Payment of Loss to Property of Others

The insurance company has the option to adjust and pay losses that involve property of others either to the named insured acting on the property owner’s behalf or to the property owner.

b. We Do Not Have to Pay You if We Pay the Owner

The insurance company is not obligated to pay the named insured when it pays the property owner. In addition, if the property owner sues the named insured, the company has the option to defend the named insured in that suit.

Other Conditions

1. Appraisal

The insurance company and the insured may not always agree on the value of a covered claim. This condition provides one method to resolve disputed claims.

Either party can request an appraisal to determine the value of a disputed claim. Once requested, the parties have 20 days to obtain their own independent and competent appraisers and give their appraiser's name to the other party. The two appraisers then have 15 days to select a competent impartial umpire. If they cannot agree on an umpire within that time period, either can request that a judge in the court of record in the state where the property is located appoint one.

The appraisers then determine the claim’s value. They submit any differences to the umpire. Once any two of the three parties agree, the amount of loss is set.

Each party pays its own appraiser. Both parties share the umpire’s cost and other expenses equally.

2. Benefit to Others

The insurance provided does not directly or indirectly benefit any party with custody of the named insured's property.

3. Conformity with Statute

Any condition in this coverage form that conflicts with any applicable law is amended to conform to that law.

4. Estates

Note: This condition only applies if the named insured is an individual.

a. Your Death

If the named insured dies, the person who has custody of the named insured's property is an insured until a qualified legal representative is appointed. The named insured’s legal representative becomes an insured once he or she is appointed. Both are insureds, but only with respect to the property this coverage form insures.

b. Policy Period is not Extended

This coverage does not extend past the policy’s expiration date.

5. Misrepresentation, Concealment, or Fraud

This coverage is void if any insured at any time willfully concealed or misrepresented a material fact that relates to the insurance provided, the property covered, or its interest in the property. It is also void if fraud or false swearing by any insured took place concerning the insurance provided or the property covered.

Note: The named insured must deal with the insurance company honestly. Its rights of recovery may be voided if it intentionally misrepresents or conceals a material fact or information. This means the insurance is treated as simply having never existed versus denying a particular claim.

6. Policy Period

Only covered losses that occur during the policy period are paid.

7. Recoveries

Paying the loss does not end the obligations of the named insured and the insurance company toward one another. Additional provisions apply if the insurance company pays a loss and the lost or damaged property is subsequently recovered, or the parties responsible for the loss pay for it.

Either party that recovers property or payment must inform the other. Recovery expenses that either party incurred are reimbursed first. If the named insured keeps the recovered property, it must refund the amount of the claim the insurance company paid unless the company agrees to a different amount. If the claim paid is less than the agreed loss due to applying a deductible or another limitation, any recovery is prorated between the named insured and the insurance company based on the company's respective interest in the loss.

8. Restoration of Limits

Payment of a claim does not reduce the limit available for future claims.

9. Subrogation

The insurance company acquires the named insured's rights of recovery from third parties after it pays a loss. The named insured must help the insurance company secure those rights. The company is not obligated to pay a loss if the named insured hinders or impairs the company's rights of subrogation. However, the named insured can agree in writing to waive recovery rights from others before a loss occurs.

Note: The waiver in advance may be particularly important if golf carts are rented to members. A golf course normally would not want to subrogate against its own members, so part of the cart rental could waive rights of recovery. However, this waiver must take place prior to a loss and not after.

10. Suit against Us

The insurance company cannot be sued by anyone for any coverage until all the terms of the coverage form are met. Suits must be brought within two years after the named insured first knew about a loss. If a state law invalidates this condition, any suit brought must comply with the provisions of that law and begin within the shortest period of time allowed by law.

Note: It is normal for a basic coverage form to be modified by mandatory state-specific endorsements that address issues related to that specific state.

11. Territorial Limits

Covered property must be located in the United States, its territories and possessions, Canada, or Puerto Rico for coverage to apply.

ENDORSEMENTS AND SCHEDULES

AAIS has not developed any specific endorsements or schedules to use with this coverage form.

UNDERWRITING CONSIDERATIONS

This coverage form does not insure buildings, personal property, or property under construction. This means that occupancy, public and private protection, and (to a great extent) exposure-underwriting considerations do not apply. With this class of business, each individual golf course must be evaluated based on its exposure to certain perils.

Golf Course Property, Driving Range Property, and Golf Carts, as defined, are insured for risks of direct physical loss unless the loss is limited or caused by an excluded peril. Golf Courses themselves include only fairways, greens, tees, sand traps, bunkers, trees, shrubs, and plants in the ground along the fairways and are insured for only certain stated perils. Despite this distinction in coverage between different classes of property, all covered property is most susceptible to the stated perils, so this examination directs itself primarily to those perils and their related issues.

Fire is a minor loss concern, but it could be a significant factor if the course is located in an arid area subject to wildfires. If there is a major wildfire incident, public fire protection is used to protect persons and other property, such as commercial buildings and residential subdivisions. Because golf courses are far down this priority list, a given course's exposure to uncontrolled wildfires in areas prone to them must be seriously considered.

Lightning strikes are common and frequent on golf courses. These strikes can badly damage or destroy man-made covered property as well as trees, in addition to occasionally causing fires. This peril must be considered from the standpoint of small and repairable losses as well as the rare (but possible) strike that leads to other losses that occur as a result of it.

Vehicle damage can occur from a number of sources and can result in a variety of potential losses. In all cases, fences or barriers should be used to restrict access by unauthorized vehicles to the golf course at other than intended locations or points. On the course itself, to avoid damage to grounds, shrubs, and other plantings, golf cart paths should be wide enough and clearly marked for use by golf carts and other golf course maintenance vehicles.

Vandalism and theft are issues almost everywhere but possibly more so with golf courses. There is little to deter vandals or thieves after normal operating hours or during certain seasons of the year when operations are suspended or limited. Adequate fencing around the entire facility and security lighting in key areas deters vandals and minimizes damage from this peril. Property storage should be inside well-constructed buildings with adequate doors, locks with appropriate security systems and alarms. Outside unprotected storage should be minimized and restricted to bulk items like landscape timbers, soils, and mulch or property not usually highly valued or attractive to thieves.

Civil commotion or riot are not usually problems or underwriting concerns but could be during times of general unrest or protests. Golf courses could be considered elitist and the realm of the privileged and potentially a target if there is general civil unrest. Losses could range from trampling the grounds and damaging plants and the course itself to driving range property to arson, break-ins, and theft of covered property and equipment. Golf courses in more rural settings removed from urban and population centers may be less susceptible to such unrest. However, courses located within the metropolitan boundaries of larger cities should be more concerned about loss or damage from these perils.

Soot from adjacent industrial or farming operations must be considered. Soot can cause damage because of potentially corrosive properties in some of its forms or simply a nuisance that deposits a layer of dust on the property. At the very least, golf courses in the planning stage should consider this peril. Any golf course should investigate and determine the zoning for the land surrounding it that may be developed in the future.

Volcanic action is not usually an issue or an active peril to deal with, but it may be a consideration in parts of the Pacific Northwest, Alaska, and Hawaii when it comes to planning or developing golf courses.

Damage from falling aircraft may be a concern if the golf course is situated next to or reasonably close to an airport or an airplane glide path. Damage from an aircraft crash or debris and parts that fall from the aircraft are remote occurrences, but a golf course could be an attractive alternative landing area for an aircraft in an emergency because of its reasonably large amount of open space. Such an incident could cause considerable damage to the ground and much of the covered golf course property. Such incidents are rare, but the possibility of them taking place cannot be ignored.

Hail coverage is available as a Supplemental Coverage. Some parts of the country are more prone to hail storms and the damage that comes with them, such that some insurance companies may decline to provide the coverage at all if the golf course is in one of them. This coverage is written more freely in other parts of the country. Knowledge of local weather conditions concerning this peril and recognizing potential problems is essential to successfully underwrite it.

Other issues to consider that may or may not be covered include Sinkhole Collapse and Mine Subsidence. The incidence of sinkhole collapse is usually restricted to certain parts of the country where the underlying rock is prone to this type of event taking place. It is important to at least consider this peril since golf courses take up a large amount of land. A sinkhole collapse is more likely if that land is on an underlying layer of limestone or other soft rock where the action of water can create the conditions that lead to sinkhole collapse. On the other hand, mine subsidence occurs on land with abandoned coal or other types of mines beneath it. This condition can occur anywhere in the country, but coverage for land that gives way because an old underground mine collapses is available in only a few states, primarily in the Midwest. A golf course operator (or one planning a golf course) should check with public and governmental agencies to determine the location of any old mines that might be under the land used or planned for a golf course.