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COMMERCIAL AUTO CA 02650116 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. A. If you are an individual and a covered auto you own is of the private passenger type and this Policy covers fewer than five autos and does not insure the motor vehicle hazard of garages motor vehicle sales agencies repair shops service stations or public parking places the Cancellation Common Policy Condition does not apply to that auto. The following condition applies instead Ending This Policy 1. Cancellation a. You may cancel the Policy by mailing or delivering to us advance written notice of cancellation. b. We may cancel this Policy by mailing you notice of cancellation. If we cancel for nonpayment of premium we will mail you at least 10 days notice. If we cancel for any other reason we will mail you at least 30 days written notice. c. When this Policy is in effect 60 days or more or is a renewal or continuation policy we may cancel Covered Autos Liability Coverage and Personal Injury Protection only for one or more of the following reasons 1 Nonpayment of premium. 2 Fraudulent misrepresentation in obtaining this Policy. 3 The insured violates any terms or conditions of the Policy. 4 You or any other operator who either resides in the same household or customarily operates a covered auto a Has had his or her driver s license suspended or revoked during the policy period. b Is or becomes subject to epilepsy or heart attacks and can not produce a physician s certificate stating that he or she can operate a motor vehicle safely. Has been convicted during the policy period or 36 months before it for i Any felony ii Criminal negligence resulting in death homicide or assault arising from the operation of a motor vehicle iii Driving a motor vehicle while intoxicated or under the influence of drugs iv Leaving the scene of an accident without stopping to report v Theft of a motor vehicle vi Making false statements when applying for a driver s license or vii A third moving violation committed within a period of 18 months of c 4 You or any other operator who either resides in the same household or customarily operates a covered auto a Has had his or her driver s license b c suspended or revoked during the policy period. Is or becomes subject to epilepsy or heart attacks and can not produce a physician s certificate stating that he or she can operate a motor vehicle safely. Has been convicted during the policy period or 36 months before it for i Any felony ii Criminal negligence resulting in death homicide or assault arising from the operation of a motor vehicle iii Driving a motor vehicle while intoxicated or under the influence of drugs iv Leaving the scene of an accident without stopping to report v Theft of a motor vehicle vi Making false statements when applying for a driver s license or vii A third moving violation committed within a period of 18 months of i. Any regulation limiting the speed of motor vehicles CA 02650116 Insurance Services Office Inc. 2015 Insured Copy Page 1 of 3 | 2 |
ii. Any of the provisions in the motor vehicle laws of any state the violation of which constitutes a misdemeanor or traffic infraction or Any ordinance traffic infraction or ordinance which prohibits the same acts as a misdemeanor statute of the uniform act regulating traffic on highways whether or not the violations were repetitions of the same offense or were different offenses. 5 We replace this Policy with another one providing similar coverages and the same limits for the covered auto. The replacement policy will take effect when this Policy is cancelled and will end a year after this Policy begins or on this Policy s expiration date whichever is earlier. d. Renewal or continuation of this Policy does not act as a waiver or estoppel of any reasons for cancellation which existed before the effective date of renewal or continuation. e. If this Policy is cancelled we will send you any premium refund due. If we cancel the refund will be pro rata. If you cancel the refund may be less than pro rata. The cancellation will be effective even if we have not offered a refund. f. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 2. Nonrenewal a. If we decide not to renew or continue this Policy we will mail you written notice at least 30 days before the end of the policy period. b. We may not renew or continue this Policy only for one or more of the following reasons 1 When we are required or have been permitted by the commissioner of insurance in writing to reduce premium volume in order to preserve our financial integrity. 2 When we cease to transact such business in this state. 3 When we are able to show competent medical evidence that the insured has a physical or mental disablement that impairs his or her ability to drive in a safe and reasonable manner. When unfavorable underwriting factors pertinent to the risk are existent and of a substantial nature which could not have reasonably been ascertained by us at the initial issuance or the last renewal of the Policy. When the Policy has been continuously in effect for a period of five years provided that such five year period shall begin at the first anniversary date following the policy effective date. When any of the reasons specified as reasons for cancellation are existent. c. If we offer to renew or continue this Policy and you do not accept this Policy will terminate at the end of the policy period. Failure to pay the required renewal or continuation premium when due shall mean that you have not accepted our offer. d. If we fail to mail proper notice of nonrenewal and you obtain other insurance this Policy will end on the effective date of that insurance. 3. Mailing Of Notices We will mail any notice of cancellation or nonrenewal by certified or registered mail United States Post Office certificate of mailing or any other mail tracking method currently used approved or accepted by the United States Postal Service to your last mailing address known to us. Proof of mailing will be sufficient proof of notice. B. For all policies not described in Paragraph A. above the Cancellation Common Policy Condition does not apply. The following condition applies instead Ending This Policy 1. Cancellation a. You may cancel the Policy by returning it to us or by giving us advance notice of the date cancellation is to take effect. b. We may cancel this Policy by mailing you written notice of cancellation stating our reasons for cancellation. If we cancel for nonpayment of premium we will mail you at least 10 days notice. If we cancel for any other reason we will mail you at least 30 days notice. 4 5 6 Page 2 0f 3 Insurance Services Office Inc. 2015 Insured Copy CA 02650116 | 2 |
c. When this Policy is in effect for 90 days or more or is a renewal or continuation policy we may cancel only for one or more of the following reasons 1 Nonpayment of premium. 2 This Policy was issued because of material misrepresentation. 3 Any insured violated any of the material terms and conditions of this Policy. Unfavorable underwriting factors specific to the insured exist that were not present at the inception of this Policy. 5 A determination by the insurance commissioner that continuation of coverage could place us in a hazardous financial condition or in violation of the laws of Kansas. 6 A determination by the insurance commissioner that we no longer have adequate reinsurance to meet our needs. d. The effective date of cancellation stated in the notice shall become the end of the policy period. e. If this Policy is cancelled we will send you any premium refund due. If we cancel the refund will be pro rata. If you cancel the refund may be less than pro rata. The cancellation will be effective even if we have not offered a refund. 4 2. Nonrenewal a. If we decide not to renew or continue this Policy we will mail you written notice at least 60 days before the end of the policy period stating the reasons for nonrenewal. If we offer to renew or continue and you do not accept this Policy will terminate at the end of the current policy period. Failure to pay the required renewal or continuation premium when due shall mean that you have not accepted our offer. b. If we fail to mail proper notice and you obtain other insurance this Policy will end on the effective date of that insurance. 3. Mailing Of Notices Any notice of cancellation or nonrenewal will be mailed by certified or registered mail United States Post Office certificate of mailing or any other mail tracking method currently used approved or accepted by the United States Postal Service to the first named insured s last mailing address known to us. Proof of mailing of any notice will be sufficient proof of notice. 4. Notice To Director Of Vehicles If you are a Vehicle Dealer or Mobile Home Dealer the following provision applies If the Policy is cancelled we will notify the Director of Vehicles 30 days before the effective date of cancellation. CA 02650116 Insurance Services Office Inc. 2015 Insured Copy Page 3 of 3 | 2 |
COMMERCIAL AUTO CA 02680121 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VIRGINIA CHANGES IN POLICY CANCELLATION AND NONRENEWAL For a covered auto licensed or principally garaged in or auto dealer operations conducted in Virginia this endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. A. If you are an individual and a covered auto you c. When this Policy is in effect 60 days or own is of the private passenger type and not used in your occupation profession or business other than farming and is not used as a public or livery conveyance including but not limited to any period of time a covered auto is being used by an insured insured who is logged into a transportation network platform as a driver whether or not a passenger is occupying the covered auto and your business shown in the Declarations is not a garage sales agency repair shop service station or public parking place then the Cancellation Common Policy Condition does not apply. The following conditions apply instead 1. Cancellation a. You or your attorney in fact may cancel the Policy by returning to us or by mailing to us advance written notice of the date cancellation is to take effect. b. We may cancel this Policy by mailing or delivering to the first Named Insured shown in the Declarations written notice of cancellation at least 1 15 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 45 days before the effective date of cancellation if we cancel for any other reason. more or is a renewal or continuation policy we may only cancel for one or more of the following reasons 1 Nonpayment of premium. 2 Your driving privileges or that of a driver who lives with you or customarily uses the covered auto has been suspended or revoked during the policy period or if the Policy is a renewal during its policy period or the 90 days immediately preceding the last effective date. 3 You or your attorney in fact has notified us that you have changed your legal residence to a state other than Virginia and your covered auto will be principally garaged in your new state. 4 We replace this Policy with another one providing similar coverages and the same limits for the covered auto. The replacement policy will take effect when this Policy is cancelled and will end a year after this Policy begins or on this Policy s expiration date whichever is earlier. d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. c. When this Policy is in effect 60 days or more or is a renewal or continuation policy we may only cancel for one or more of the following reasons 1 Nonpayment of premium. 2 Your driving privileges or that of a driver who lives with you or customarily uses the covered auto has been suspended or revoked during the policy period or if the Policy is a renewal during its policy period or the 90 days immediately preceding the last effective date. 3 You or your attorney in fact has notified us that you have changed your legal residence to a state other than Virginia and your covered auto will be principally garaged in your new state. 4 We replace this Policy with another one providing similar coverages and the same limits for the covered auto. The replacement policy will take effect when this Policy is cancelled and will end a year after this Policy begins or on this Policy s expiration date whichever is earlier. d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. CA 02680121 Insurance Services Office Inc. 2020 Insured Copy Page 1 of 3 | 2 |
e. If this Policy is cancelled you may be entitled to a premium refund. If so we will send the first Named Insured the refund. However making or offering to make the refund is not a condition of cancellation. If you or your attorney in fact cancels the refund if any will be computed in accordance with the procedure described in Paragraph C. of this endorsement. f. If notice is mailed proof of mailing will be sufficient proof of notice. 2. Nonrenewal a. If we decide not to renew or continue this Policy we will mail the first Named Insured shown in the Declarations notice at least 45 days before the end of the policy period. If the Policy is written for a period of less than one year or without a fixed expiration date we will have the right not to renew or continue a particular coverage only at the end of any six month period following its original effective date. b. If we or our agent offers to renew or continue this Policy and you or your attorney in fact does not accept this Policy will terminate at the end of the current policy period. Failure to pay the required renewal or continuation premium when due shall mean that you or your attorney in fact has not accepted our offer. 3. Mailing Of Notices a. Any notice of cancellation or nonrenewal will be mailed to the first Named Insured s last known address in accordance with Virginia Law. However we may deliver any notice instead of mailing it. b. The notice of cancellation or nonrenewal will state the specific reasons for cancellation or nonrenewal except when a policy is being cancelled or nonrenewed for nonpayment of premium. B. For all other risks not described in Paragraph A. above 1. Paragraphs 1. and 2. of the Cancellation Common Policy Condition are replaced by the following a. You or your attorney in fact may cancel the Policy by mailing or delivering to us advance written notice of the date cancellation is to take effect. b. We may cancel the Policy by mailing or delivering to the first Named Insured shown in the Declarations written notice of cancellation stating the reasons for cancellation at least 1 15 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 45 days before the effective date of cancellation if we cancel for any other reason. 2. Paragraph 3. of the Cancellation Common Policy Condition does not apply. 3. Paragraph 5. of the Cancellation Common Policy Condition is replaced by the following 5. If this Policy is cancelled you may be entitled to a premium refund. If so we will send the first Named Insured the refund. However making or offering to make the refund is not a condition of cancellation. If you or your attorney in fact cancels the refund if any will be computed in accordance with the procedure described in Paragraph C. of this endorsement. 4. The following conditions are added a. Nonrenewal 1 We may nonrenew the Policy by mailing or delivering to the first Named Insured shown in the Declarations written notice of nonrenewal stating the reason for nonrenewal at least a 15 days before the expiration date of the Policy if we nonrenew for nonpayment of premium or b 45 days before the expiration date of the Policy if we nonrenew for any other reason. 2 If we or our agent offers to renew or continue this Policy and you or your attorney in fact does not accept this Policy will terminate at the end of the current policy period. Failure to pay the required renewal or continuation premium when due shall mean that you or your attorney in fact has not accepted our offer. Page 2 0f 3 Insurance Services Office Inc. 2020 Insured Copy CA 02680121 | 2 |
b. Mailing Of Notices Any notice of cancellation or nonrenewal will be mailed to the first Named Insured s last known address in accordance with Virginia Law. However we may deliver any notice instead of mailing it. C. The following provisions govern the calculation of return premium for all risks 1. We will compute return premium pro rata and round to the next higher whole dollar when a policy is cancelled a. Atour request b. Because you no longer have a financial or insurable interest in the property or business operation that is the subject of insurance c. And rewritten by us or a member of our company group or d. After the first year if it is a prepaid policy written for a term of more than one year. 2. When this Policy is cancelled at your request except when Paragraph 1.b. 1.c. or 1.d. applies we will return 90 of the pro rata unearned premium rounded to the next higher whole dollar. However when such cancellation takes place during the first year of a multiyear prepaid policy we will return the full annual premium for the subsequent years. In addition earned premium will not be less than our policywriting minimum premium. 3. When this Policy is cancelled at your request and is an auto dealer s policy written on a reporting form basis we will calculate the return or additional premium as follows a. Final annual premium will be determined on the basis of the average value reported during the period in which the Policy was in effect. b. Pro rata earned premium will be determined based on the final annual premium for the number of days the Policy was in force as determined by Paragraph 3.a. rounded to the next higher whole dollar. c. Pro rata unearned premium wil be determined by subtracting Paragraph 3.b. from Paragraph 3.a. d. The short rate surcharge will be determined by multiplying the unearned premium by 10 and rounding to the next higher whole dollar. e. Calculate the short rate earned premium by adding Paragraphs 3.b. and 3.d. f. If the short rate earned premium is less than the sum of all payments including any deposit premium the difference is the return premium. g. If the short rate earned premium is greater than the sum of all payments including any deposit premium the difference is the additional premium due. However earned premium will not be less than our policywriting minimum premium. D. Additional Definitions As used in this endorsement 1. Occupying means in upon getting in on out or off. 2. Transportation network platform means an online enabled application or digital network used to connect passengers with drivers using vehicles for the purpose of providing prearranged transportation services for compensation. CA 02680121 Insurance Services Office Inc. 2020 Insured Copy Page 3 of 3 | 2 |
COMMERCIAL AUTO CA 02700118 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ILLINOIS CHANGES CANCELLATION AND NONRENEWAL AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM A. The Cancellation Common Policy Condition is replaced by the following Cancellation 1. The first Named Insured shown in the Declarations may cancel this Policy by mailing us advance written notice of cancellation. 2. When this Policy is in effect 61 days or more or is a renewal or continuation policy we may cancel only for one or more of the following reasons by mailing you written notice of cancellation stating the reasons for cancellation. a. Nonpayment of premium. b. The Policy was obtained through a material misrepresentation. c. Any insured has violated any of the terms and conditions of the Policy. d. The risk originally accepted has measurably increased. e. Certification to the Director of Insurance of the loss of reinsurance by the insurer which provided coverage to us for all or a substantial part of the underlying risk insured. f. A determination by the Director of Insurance that the continuation of the Policy could place us in violation of the lllinois insurance laws. 3. If we cancel for nonpayment of premium we will mail you at least 10 days written notice. 4. If this Policy is cancelled for other than nonpayment of premium and the Policy is in effect a. 60 days or less we will mail you at least 30 days written notice. This endorsement modifies insurance provided under the following With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. b. 61 days or more we will mail you at least 60 days written notice. 5. If this Policy is cancelled we will send you any premium refund due. If we cancel the refund will be pro rata. If you cancel the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. The effective date of cancellation stated in the notice shall become the end of the policy period. 7. Our notice of cancellation will state the reason for cancellation. 8. We will mail our cancellation notice to you at your last address known to us. Proof of mailing will be sufficient proof of notice. 9. Notification of cancellation will also be sent to your broker if known or agent of record if known and to the loss payee listed on the Policy. B. The following is added and supersedes any provision to the contrary Nonrenewal If we decide not to renew or continue this Policy we will mail you written notice stating the reason for nonrenewal at least 60 days before the end of the policy period. Proof of mailing will be sufficient proof of notice. Notification will also be sent to your broker if known or agent of record if known and to the loss payee listed on the Policy. If we offer to renew or continue and you do not accept this Policy will terminate at the end of the current policy period. Failure to pay the required renewal or continuation premium when due shall mean that you have not accepted our offer. b. 61 days or more we will mail you at least 60 days written notice. 5. If this Policy is cancelled we will send you any premium refund due. If we cancel the refund will be pro rata. If you cancel the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. The effective date of cancellation stated in the notice shall become the end of the policy period. 7. Our notice of cancellation will state the reason for cancellation. 8. We will mail our cancellation notice to you at your last address known to us. Proof of mailing will be sufficient proof of notice. 9. Notification of cancellation will also be sent to your broker if known or agent of record if known and to the loss payee listed on the Policy. B. The following is added and supersedes any provision to the contrary Nonrenewal If we decide not to renew or continue this Policy we will mail you written notice stating the reason for nonrenewal at least 60 days before the end of the policy period. Proof of mailing will be sufficient proof of notice. Notification will also be sent to your broker if known or agent of record if known and to the loss payee listed on the Policy. If we offer to renew or continue and you do not accept this Policy will terminate at the end of the current policy period. Failure to pay the required renewal or continuation premium when due shall mean that you have not accepted our offer. CA 02700118 Insurance Services Office Inc. 2017 Insured Copy Page 1 of 2 | 2 |
If we fail to mail proper written notice of nonrenewal and you obtain other insurance this Policy will end on the effective date of that insurance. Page 2 of 2 Insurance Services Office Inc. 2017 Insured Copy CA 02700118 | 2 |
COMMERCIAL AUTO CA 04401013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COLORADO AUTO MEDICAL PAYMENTS COVERAGE AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM A. Coverage We will pay reasonable expenses incurred for necessary medical and funeral services to or for an insured who sustains bodily injury caused by accident. We will pay only those expenses incurred for services rendered within three years from the date of the accident.. Who Is An Insured 1. You while occupying maintaining or using or while a pedestrian when struck by any auto. 2. If you are an individual any family member while occupying maintaining or using or while a pedestrian when struck by any auto. 3. Anyone else occupying maintaining or using a covered auto or a temporary substitute for a covered auto. The covered auto must be out of service because of its breakdown repair servicing loss or destruction.. Exclusions This insurance does not apply to any of the following 1. Bodily injury sustained by an insured while occupying a vehicle located for use as a premises. 2. Bodily injury sustained by you or any family member while occupying or struck by any vehicle other than a covered auto owned by you or furnished or available for your regular use. This endorsement modifies insurance provided under the following With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. 3. Bodily injury sustained by any family member while occupying or struck by any vehicle other than a covered auto owned by or furnished or available for the regular use of any family member.. Bodily injury to your employee arising out of and in the course of employment by you. However we will cover bodily injury to your domestic employees if not entitled to workers compensation benefits. For the purposes of this endorsement a domestic employee is a person engaged in household or domestic work performed principally in connection with a residence premises.. Bodily injury to an insured while working in a business of selling servicing repairing or parking autos unless that business is yours.. Bodily injury arising directly or indirectly out of a. War including undeclared or civil war b. 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 c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these.. Bodily injury to anyone using a vehicle without a reasonable belief that the person is At ad th A e. Bodily injury sustained by any family member while occupying or struck by any vehicle other than a covered auto owned by or furnished or available for the regular use of any family member.. Bodily injury to your employee arising out of and in the course of employment by you. However we will cover bodily injury to your domestic employees if not entitled to workers compensation benefits. For the purposes of this endorsement a domestic employee is a person engaged in household or domestic work performed principally in connection with a residence premises.. Bodily injury to an insured while working in a business of selling servicing repairing or parking autos unless that business is yours.. Bodily injury arising directly or indirectly out of a. War including undeclared or civil war b. 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 c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these.. Bodily injury to anyone using a vehicle without a reasonable belief that the person is entitled to do so. CA 04401013 Insurance Services Office Inc. 2012 Insured Copy Page 1 of 2 | 2 |
8. Bodily injury sustained by an insured while occupying any covered auto while used in any professional racing or demolition contest or stunting activity or while practicing for such contest or activity. This insurance also does not apply to any bodily injury sustained by an insured while the auto is being prepared for such a contest or activity. D. Limit Of Insurance Regardless of the number of covered autos insureds premiums paid claims made or vehicles involved in the accident the most we will pay for bodily injury for each insured injured in any one accident is the Limit Of Insurance for Auto Medical Payments Coverage shown in the Declarations. No one will be entitled to receive duplicate payments for the same elements of loss under this coverage and any Liability Coverage form Uninsured Motorists Coverage endorsement or Underinsured Motorists Coverage endorsement attached to this Coverage Part. E. Changes In Conditions 1. The Conditions are changed as follows a. The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply. b. The reference in Other Insurance in the Auto Dealers and Business Auto Coverage Forms and Other Insurance Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form to other collectible insurance applies only to other collectible auto medical payments insurance. 2. The following is added to the Conditions Assignment Of Payment Of Covered Expenses a. An insured may assign payments due under auto medical payments coverage in writing to a licensed hospital or other licensed health care provider as defined in COLO. REV. STAT. 10 4 601 an occupational therapist as defined in COLO. REV. STAT. 12 40.5 103 or a massage therapist as defined in COLO. REV. STAT. 12 35.5 103. b. If an insured assigns such benefits we will pay covered benefits directly to the licensed healthcare provider. F. Additional Definitions As used in this endorsement 1. Family member means a person related to you by blood marriage or adoption who is a resident of your household including a ward or foster child. 2. Occupying means in upon getting in on out or off. Page 2 of 2 Insurance Services Office Inc. 2012 Insured Copy CA 04401013 | 2 |
COMMERCIAL AUTO CA 20541013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE HIRED AUTOS This endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. A. Changes In Covered Autos Liability Coverage The following is added to the Who Is An Insured Provision An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in an employee s name with your permission while performing duties related to the conduct of your business. B. Changes In General Conditions Paragraph 5.b. of the Other Insurance Condition in the Business Auto and Auto Dealers Coverage Forms and Paragraph 5.f. of the Other Insurance Primary And Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following For Hired Auto Physical Damage Coverage the following are deemed to be covered autos you own 1. Any covered auto you lease hire rent or borrow and 2. Any covered auto hired or rented by your employee under a contract in an employee s name with your permission while performing duties related to the conduct of your business. However any auto that is leased hired rented or borrowed with a driver is not a covered auto. 2. Any covered auto hired or rented by your employee under a contract in an employee s name with your permission while performing duties related to the conduct of your business. However any auto that is leased hired rented or borrowed with a driver is not a covered auto. CA 20541013 Insurance Services Office Inc. 2011 Insured Copy Page 1 0of 1 | 2 |
POLICY NUMBER CPP850079A POLICY NUMBER CPP850079A COMMERCIAL AUTO CA 21121013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IOWA UNINSURED AND UNDERINSURED MOTORISTS COVERAGE For a covered auto licensed or principally garaged in or auto dealer operations conducted in lowa this endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured Endorsement Effective Date SCHEDULE Limit Of Insurance 1000000 Each Accident The definition of uninsured motor vehicle in this endorsement applies in its entirety unless an X is entered below If an X is entered in this box Paragraph b. of the definition of uninsured motor vehicle does not apply. If an X is entered in this box only Paragraph b. of the definition of uninsured motor vehicle applies. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Coverage 1. We will pay all sums the insured is legally 2. With respect to damages resulting from an accident with a vehicle described in entitled to recover as compensatory damages from the owner or driver of an uninsured motor vehicle. The damages must result from bodily injury caused by an accident. The owner s or driver s liability for these damages must result from the ownership maintenance or use of the uninsured motor vehicle. Paragraph b. of the definition of uninsured motor vehicle we will pay under the coverage selected under this endorsement only if Paragraph a. or b. below applies a. The limit of any applicable liability bonds or policies have been exhausted by payment of judgments or settlements or tive Nata CA21121013 Insurance Services Office Inc. 2012 Insured Copy Page 10f 4 | 2 |
b. A tentative settlement has been made between an insured and the insurer of the vehicle described in Paragraph b. of the definition of uninsured motor vehicle and we 1 Have been given prompt written notice of such tentative settlement and 2 Advance payment to the insured in an amount equal to the tentative settlement within 30 days after receipt of notification. B. Who Is An Insured If the Named Insured is designated in the Declarations as 1. Anindividual then the following are insureds a. The Named Insured and any family members. b. Anyone else occupying a covered auto or a temporary substitute for a covered auto. The covered auto must be out of service because of its breakdown repair servicing loss or destruction. c. Anyone for damages he or she is entitled to recover because of bodily injury sustained by another insured. 2. A partnership limited liability company corporation or any other form of organization then the following are insureds a. Anyone occupying a covered auto or a temporary substitute for a covered auto. The covered auto must be out of service because of its breakdown repair servicing loss or destruction. b. Anyone for damages he or she is entitled to recover because of bodily injury sustained by another insured. C. Exclusions This insurance does not apply to any of the following 1. Any claim settled without our consent. However this exclusion does not apply to a settlement made with the insurer of a vehicle described in Paragraph b. of the definition of uninsured motor vehicle in accordance with the procedure described in Paragraph A.2.b. 2. The direct or indirect benefit of any insurer or self insurer under any workers compensation disability benefits or similar law. 3. Anyone using a vehicle without a reasonable belief that the person is entitled to do so. 4. Bodily injury sustained by an individual Named Insured while occupying or struck by any vehicle owned by that Named Insured which is not a covered auto. 5. Punitive or exemplary damages. 6. Bodily injury arising directly or indirectly out of a. War including undeclared or civil war b. 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 c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. D. Limit Of Insurance 1. Regardless of the number of covered autos insureds premiums paid claims made or vehicles involved in the accident the most we will pay for all damages resulting from any one accident is the Limit Of Insurance for Uninsured And Underinsured Motorists Coverage shown in this endorsement. 2. With respect to damages resulting from an accident with an uninsured motor vehicle as defined in Paragraphs F.3.a. c. and d. of the definition of uninsured motor vehicle the Limit of Insurance shall be reduced by a. All sums paid or payable under any workers compensation disability benefits or similar law and b. All sums paid by or for anyone who is legally responsible including all sums paid under this Coverage Form s Covered Autos Liability Coverage. 3. No one will be entitled to receive duplicate payments for the same elements of loss under this Coverage and any Liability Coverage Form. We will not make a duplicate payment under this Coverage for any element of loss for which payment has been made by or for anyone who is legally responsible. We will not pay for any element of loss if a person is entitled to receive payment for the same element of loss under any workers compensation disability benefits or similar law. Page 2 of 4 Insurance Services Office Inc. 2012 Insured Copy CA21121013 | 2 |
E. Changes In Conditions The Conditions of the policy are changed for Uninsured And Underinsured Motorists Coverage as follows 1. Other Insurance in the Auto Dealers and Business Auto Coverage Forms and Other Insurance Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form are replaced by the following If there is other applicable insurance available under one or more policies or provisions of coverage a. The maximum recovery under all Coverage Forms or policies combined may equal but not exceed the highest applicable limit for any one vehicle under any Coverage Form or policy providing coverage on either a primary or excess basis. b. Any insurance we provide with respect to a vehicle the Named Insured does not own shall be excess over any other collectible uninsured or underinsured motorists insurance providing coverage on a primary basis. c. If the coverage under this Coverage Form is provided 1 On a primary basis we will pay only our share of the loss that must be paid under insurance providing coverage on a primary basis. Our share is the proportion that our limit of liability bears to the total of all applicable limits of liability for coverage on a primary basis. 2 On an excess basis we will pay only our share of the loss that must be paid under insurance providing coverage on an excess basis. Our share is the proportion that our limit of liability bears to the total of all applicable limits of liability for coverage on an excess basis. 2. Duties In The Event Of Accident Claim Suit Or Loss in the Business Auto and Motor Carrier Coverage Forms and Duties In The Event Of Accident Claim Offense Suit Loss Or Acts Errors Or Omissions in the Auto Dealers Coverage Form are changed by adding the following a. Promptly notify the police if a hit and run driver is involved and b. Promptly send us copies of the legal papers if a suit is brought. c. A person seeking coverage from an insurer owner or operator of a vehicle described in Paragraph b. of the definition of uninsured motor vehicle must also promptly notify us in writing of a tentative settlement between the insured and the insurer and allow us to advance payment to that insured in an amount equal to the tentative settlement within 30 days after receipt of notification to preserve our rights against the insurer owner or operator of such vehicle. 3. The Legal Action Against Us Provision is replaced by the following Legal Action Against Us a. No one may bring a legal action against us under this Coverage Form until there has been full compliance with all the terms of this Coverage Form and b. Any legal action against us under this Coverage Form must be brought within two years after the date of the accident. However this Paragraph 3.b. does not apply if within two years after the date of the accident the insured has filed an action for bodily injury against the owner or operator of a vehicle described in Paragraph b. of the definition of uninsured motor vehicle and such action is 1 Filed in a court of competent jurisdiction and 2 Not barred by the applicable state statute of limitations. In the event that the two year time limitation identified in this condition does not apply the applicable state statute of limitations will govern legal action against us under this Coverage Form. 4. Transfer Of Rights Of Recovery Against Others To Us is replaced by the following Transfer Of Rights Of Recovery Against Others To Us a. With respect to Paragraph b. of the definition of uninsured motor vehicle if any person or organization to or for whom we make payment under this coverage has rights to recover damages from another those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after accident or loss to prejudice them. CA21121013 Insurance Services Office Inc. 2012 Insured Copy Page 3 of 4 | 2 |
b. If we make any payment and the insured recovers from another party the insured shall hold the proceeds in trust for us and pay us back the amount we have paid less our pro rata share of expenses incurred in recovering those damages. However with respect to Paragraph b. of the definition of uninsured motor vehicle we shall be entitled to recovery only after the insured has been fully compensated for damages. Our rights do not apply under this provision with respect to damages caused by an accident with a vehicle described in Paragraph b. of the definition of uninsured motor vehicle if we 1 Have been given prompt written notice of a tentative settiement between an insured and the insurer of a vehicle described in Paragraph b. of the definition of uninsured motor vehicle and 2 Fail to advance payment to the insured in an amount equal to the tentative settlement within 30 days after receipt of notification. If we advance payment to the insured in an amount equal to the tentative settlement within 30 days after receipt of notification 1 That payment will be separate from any amount the insured is entited to recover under the provisions of Uninsured Motorists Coverage and 2 We also have a right to recover the advance payment. F. Additional Definitions As used in this endorsement 1. Family member means a person related to an individual Named Insured by blood marriage or adoption who is a resident of such Named Insured s household including a ward or foster child. 2. 3. Occupying means in upon getting in on out or off. Uninsured motor vehicle means a land motor vehicle or trailer a. For which no liability bond or policy at the time of an accident provides at least the amounts required by the lowa Motor Vehicle and Safety Responsibility Act or b. That is an underinsured motor vehicle. An underinsured motor vehicle is a land motor vehicle or trailer for which the sum of all liability bonds or policies at the time of the accident do not provide at least the amount an insured is legally entitled to recover as damages resulting from bodily injury caused by the accident. c. For which an insuring or bonding company denies coverage or is or becomes insolvent or d. Thatis a hit and run vehicle and neither the driver nor owner can be identified. The vehicle must hit an insured a covered auto or a vehicle an insured is occupying. However uninsured motor vehicle does not include any vehicle a. Owned or operated by a self insurer under any applicable motor vehicle law except a self insurer who is or becomes insolvent and can not provide the amounts required by that motor vehicle law b. Owned by a governmental unit or agency or c. Designed for use mainly off public roads while not on public roads. Page 4 of 4 Insurance Services Office Inc. 2012 Insured Copy CA21121013 | 2 |
COMMERCIAL AUTO CA21211102 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNINSURED MOTORISTS ENDORSEMENT VIRGINIA A. Words And Phrases With Special Meaning The following words and phrases have special meaning throughout this endorsement and appear in quotation marks when used 1. You and your mean the person or organiza tion shown as the named insured in ITEM ONE of the declarations. 2. We us and our mean the company pro viding insurance. 3. Accident includes continuous or repeated exposure to the same conditions resulting in bodily injury or property damage the in sured neither expected nor intended. 4. Available for payment means the amount of liability insurance coverage applicable to the claim of the injured person for bodily injury or property damage reduced by the payment of any other claims arising out of the same acci dent. 5. Bodily injury means bodily injury sickness or disease including death resulting from any of these. 6. Covered auto means a motor vehicle or a temporary substitute with respect to which the bodily injury or property damage liability coverage of the policy applies. 7. Family member means a person related to you by blood marriage or adoption who is a resident of your household including a ward or foster child. 8. Insured means any person or organization qualifying as an insured in the Who Is An In sured section of this endorsement including the personal representative of any insured. Ex cept with respect to our Limit Of Liability the insurance afforded applies separately to each insured who is seeking coverage under this endorsement. 9. Loss means direct and accidental damage or loss. 10. Property damage means damage to or loss of use of tangible property. 11. Occupying means in upon using getting in on out of or off. 12. Temporary substitute means a motor vehicle that is being used in place of a covered auto. The covered auto must be out of service be cause of its breakdown repair servicing loss or destruction. 13. Underinsured motor vehicle means a motor vehicle when and to the extent that the total amount of bodily injury and property dam age coverage applicable to the operation or use of the motor vehicle and available for payment for such bodily injury or property damage including all bonds or deposits of money or securities made pursuant to Article 15 Section 46.2 435 et seq. of Chapter 3 of Ti tle 46.2 of the Code of Virginia is less than the total amount of uninsured motorist coverage af forded any person injured as a result of the operation or use of the motor vehicle. 14. Uninsured motor vehicle means a motor vehi cle a. For which 1. There is no bodily injury liability insur ance and property damage liability in surance in the amounts specified by Section 46.2 472 of the Code of Virginia. 2. There is such insurance but the insurer writing the insurance denies coverage for any reason whatsoever including failure or refusal of the insured to coop erate with the insurer. 3. There is no bond or deposit of money or securities in lieu of such insurance. 4. The owner of the vehicle has not quali fied as a selfinsurer under the provi sions of Section 46.2 368 or 5. The owner or operator of the motor vehicle is immune from liability for negli gence under the laws of the Common wealth or the United States. A motor ve hicle shall be deemed uninsured if its owner or operator is unknown. CA21211102 ISO Properties Inc. 2002 Insured Copy Page 10of 4 | 2 |
If the owner or operator of any motor vehi cle that causes bodily injury or property damage to the insured is unknown and if the damage or injury results from an acci dent where there has been no contact be tween that motor vehicle and the motor ve hicle occupied by the insured or where there has been no contact with the person of the insured if the insured was not oc cupying a motor vehicle then for the in sured to recover under this endorsement pursuant to Paragraph a. of this definition the accident shall be reported promptly to either 1. Theinsurer or 2. A law enforcement officer having juris diction in the county or city in which the accident occurred. If it is not reasona bly practicable to make the report promptly the report shall be made as soon as reasonably practicable under the circumstances. b. Which is an underinsured motor vehicle. B. We Will Pay We will pay in accordance with the Virginia Unin sured Motorists Law all sums the insured is le gally entitled to recover as damages from the owner or operator of an uninsured motor vehicle.. We Will Not Cover Exclusions This insurance does not apply to 1. A bodily injury or property damage claim settled by the insured without our consent with anyone who may be legally liable. 2. The direct or indirect benefit of any insurer of property. 3. The first 200 of the total amount of property damage as the result of any one accident in volving an unidentifiable driver or owner of an uninsured motor vehicle. This exclusion does not apply if the owner or operator of the unin sured motor vehicle causing the damage can be identified. 4. Anyone using the covered auto without a reasonable belief that the person is entitled to do so. D. Who Is Insured 1. You or any family member. 2. Anyone else occupying a covered auto. 3. Anyone for damages he or she is entitled to recover because of bodily injury to which this coverage applies sustained by another in sured under 1. or 2. above. E. Our Limit Of Liability 1. Regardless of the number of covered autos insureds claims made or motor vehicles in volved in the accident the most we will pay for all damages resulting from any one acci dent is the limit of Uninsured Motorists Insur ance shown in the Schedule or Declarations. However if more than one covered auto is in volved in the same accident the limit of Unin sured Motorists Insurance shown in the Schedule or Declarations will apply separately to each of these covered autos. Such limit of insurance shall first provide the separate limits required by the Virginia Motor Vehicle Safety Responsibility Act. 2. Except with respect to an underinsured motor vehicle damages otherwise payable under this coverage a. Shall be reduced by all sums paid because of bodily injury or property damage by or on behalf of persons or organizations who may be legally responsible. b. With respect to an employee of a self insured employer shall be reduced by all sums paid or payable because of bodily injury under a workers compensation law. F. Conditions The conditions applicable to this coverage are as follows 1. Other Insurance a. For bodily injury to an insured while occupying a motor vehicle that is not a covered auto this coverage shall apply only as excess insurance over any other similar insurance available to that insured and applicable to that motor vehicle as pri mary insurance. However this paragraph does not apply to an underinsured motor vehicle. b. Except as provided in Paragraph a. above if the insured has other similar bodily in jury insurance available to him or her and applicable to the accident we shall not be liable for a greater proportion of any loss to which this coverage applies than the limit of liability for this coverage bears to the sum of the applicable limits of liability of this insurance and such other insurance. However this provision does not apply to an underinsured motor vehicle. c. For property damage Uninsured Motorists Insurance is excess over all other collectible insurance of any kind applicable to the property damage. red is unknown and if results from an acci as been no contact be hicle and the motor ve ne insured or where ontact with the person insured was not oc hicle then for the in nder this endorsement ph a. of this definition e reported promptly to nt officer having juris nty or city in which the ed. If it is not reasona to make the report port shall be made as ably practicable under. sured motor vehicle. with the Virginia Unin Page 2 of 4 ISO Properties Inc. 2002 Insured Copy CA21211102 | 2 |
d. If the injured person is entitled to underin sured motorists coverage under more than one policy the following order of priority applies and any amount available for pay ment shall be credited against such policies in the following order of priority 1 The policy covering a motor vehicle occupied by the injured person at the time of the accident. 2 The policy covering a motor vehicle not involved in the accident under which the injured person is a named insured. 3 The policy covering a motor vehicle not involved in the accident under which the injured person is other than a named insured. If there is more than one insurer providing coverage under one of the payment priori ties set forth in Paragraph d. above we will pay only our share of the loss. Our share is the proportion that our limit of li ability bears to the total of all limits applica ble on the same level of priority.. Our Right To Recover From Others If we make any payment we are entitlied to recover what we paid from other parties. Any person to or for whom we make payment must transfer to us his or her rights of recov ery against any other party. The person must do everything necessary to secure these rights and must do nothing that would jeopardize them.. Legal Action Against Us No legal action may be brought against us un til there has been full compliance with all the terms of the policy.. Changes If a change requires a premium adjustment we will adjust the premium as of the effective date of the change.. Transfer Of Rights And Duties Your rights and duties under this endorse ment may not be assigned without our written consent.. Bankruptcy Bankruptcy or insolvency of the insured or the insured s estate shall not relieve us of any obligations under this endorsement.. Policy Period Coverage Territory Under this endorsement we cover accidents and losses occurring a. During the policy period shown in the Dec larations and b. Within the coverage territory. The coverage territory is a. The United States of America b. The territories and possessions of the United States of America. c. Puerto Rico and d. Canada We also cover loss to or accidents involv ing a covered auto while being transported between any of these places. 8. Concealment Misrepresentation Or Fraud Coverage for your claim under this endorse ment is void in any case of fraud by you at any time as it relates to this coverage. It is also void if you at any time intentionally conceal or misrepresent a material fact concerning a. This endorsement b. The covered auto c. Yourinterest in the covered auto or d. A claim under this coverage. 9. Premium Audit a. The estimated premium for this endorse ment is based on the exposures you told us you would have when this policy be gan. We will compute the final premium due when we determine your actual ex posures. The estimated total premium will be credited against the final premium due and the First Named Insured will be billed for the balance if any. If the estimated total premium exceeds the final premium due the First Named Insured will get a refund. b. If this policy is issued for more than one year the premium for this endorsement will be computed annually based on our rates or premiums in effect at the beginning of each year of the policy. 10. Arbitration a. If we and an insured disagree as to the amount of damages that are recoverable by that insured then the matter may be arbi trated. However disputes concerning cov erage under this endorsement may not be arbitrated. CA21211102 ISO Properties Inc. 2002 Insured Copy Page 3 of 4 | 2 |
You are not required to arbitrate however if both parties agree to arbitrate each party will select an arbitrator. The two arbitrators will select a third. If they can not agree within 30 days either may request that se lection be made by a judge of a court hav ing jurisdiction. We will pay all arbitration expenses if we request arbitration. If an insured requests the arbitration each party will pay the expenses it incurs and bear the expenses of the third arbitrator equally. b. Unless both parties agree otherwise arbi tration will take place in the county in which the insured lives. Local rules of law as to arbitration procedure and evidence will ap ply. A decision can be reached by two of the arbitrators but will not be binding. Page 4 of 4 ISO Properties Inc. 2002 Insured Copy CA21211102 | 2 |
POLICY NUMBER CPP850079A POLICY NUMBER CPP850079A COMMERCIAL AUTO CA 21240520 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINNESOTA UNINSURED AND UNDERINSURED MOTORISTS COVERAGE For a covered auto licensed or principally garaged in or auto dealer operations conducted in Minnesota this endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured THE SCOULAR COMPANY SCOULAR PROPERTIES INC THE Endorsement Effective Date 05312021 SCHEDULE Limit Of Insurance Uninsured Motorists Coverage 1000000 Each Accident Underinsured Motorists Coverage 1000000 Each Accident Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Coverage 2. Any judgment for damages arising out of a 1. We will pay all sums the insured is legally sut brought against an qmrjsured or entitled to recover as compensatory damages underinsured motorist is not binding on us from the owner or driver of an uninsured motor unless we have vehicle or underinsured motor vehicle. The a. Received reasonable notice of the damages must result from bodily injury commencement of the suit resulting in sustained by the insured caused by an judgment and accident. The owner s or driver s liability for these damages must result from the ownership maintenance or use of the uninsured motor vehicle or underinsured motor vehicle. b. Had a reasonable opportunity to protect our interests in the suit. CA 21240520 Insurance Services Office Inc. 2019 Insured Copy Page 1 of 6 | 2 |
B. Who Is An Insured If the Named Insured is designated in the Declarations as 1. Anindividual then the following are insureds a. The Named Insured and any family members. b. Anyone else occupying a covered auto or a temporary substitute for a covered auto. The covered auto must be out of service because of its breakdown repair servicing loss or destruction. c. Anyone for damages he or she is entitled to recover because of bodily injury sustained by another insured. 2. A partnership limited liability company corporation or any other form of organization then the following are insureds a. Anyone occupying a covered auto or a temporary substitute for a covered auto. The covered auto must be out of service because of its breakdown repair servicing loss or destruction. b. Anyone for damages he or she is entitled to recover because of bodily injury sustained by another insured. C. Exclusions This insurance does not apply to any of the following 1. Any claim settled with the owner or operator of an uninsured motor vehicle without our consent. 2. The direct or indirect benefit of any insurer or self insurer under any workers compensation disability benefits or similar law. 3. Bodily injury under Uninsured Motorists Coverage if that bodily injury is sustained by a. An individual Named Insured while occupying a vehicle owned by that Named Insured that is not a covered auto for Uninsured Motorists Coverage or b. Any family member while occupying any vehicle owned by that family member that is not a covered auto for Uninsured Motorists Coverage. 4. Bodily injury under Underinsured Motorists Coverage if that bodily injury is sustained by a. An individual Named Insured while occupying a vehicle owned by that Named Insured that is not a covered auto for Underinsured Motorists Coverage or b. Any family member while occupying any vehicle owned by that family member that is not a covered auto for Underinsured Motorists Coverage. 5. Anyone using a vehicle without a reasonable belief that the person is entitled to do so. However this exclusion does not apply to a family member who is not identified by name in any other contract for a plan of reparation security complying with the Minnesota No fault Automobile Insurance Act while using a covered auto which is owned by the Named Insured. 6. Punitive or exemplary damages. 7. Bodily injury arising directly or indirectly out of a. War including undeclared or civil war b. 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 c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. D. Limit Of Insurance 1. Regardless of the number of covered autos insureds premiums paid claims made or vehicles involved in the accident the most we will pay for all damages resulting from any one accident a. With an uninsured motor vehicle is the limit of Uninsured Motorists Coverage shown in the Schedule. b. With an underinsured motor vehicle is the limit of Underinsured Motorists Coverage shown in the Schedule. We will apply the Limit Of Liability for each of these coverages as shown in the Schedule to provide separate limits required by law for uninsured and underinsured bodily injury liability. 2. Any amounts otherwise payable for damages under this insurance shall be reduced by all sums paid or payable or which would be paid or payable except for the application of a deductible under Personal Injury Protection applicable to the same element of loss. Page 2 of 6 Insurance Services Office Inc. 2019 Insured Copy CA 21240520 | 2 |
3. We will not make a duplicate payment under this Coverage for any element of loss for which payment has been made by or for anyone who is legally responsible. 4. No one will be entitled to receive duplicate payments for the same elements of loss under this Coverage Form any Liability Coverage form or any Medical Payments Coverage endorsement attached to this Coverage Part. E. Changes In Conditions The Conditions are changed for Uninsured Motorists Coverage and Underinsured Motorists Coverage as follows 1. The reference in Other Insurance in the Auto Dealers and Business Auto Coverage Forms and Other Insurance Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form to other applicable insurance applies only to other collectible uninsured motorists insurance and is replaced by the following a. With respect to coverage we provide when a covered auto the Named Insured owns is involved in an accident only 1 The Limit of Insurance for Uninsured Motorists Coverage applicable to that auto will apply for damages for which the owner or operator of the uninsured motor vehicle is legally responsible. The Limit of Insurance for Underinsured Motorists Coverage applicable to that auto will apply for damages for which the owner or operator of the underinsured motor vehicle is legally responsible. b. If an insured sustains bodily injury while 2 1 Occupying a vehicle not owned by that person or while not occupying any vehicle or 2 Occupying a vehicle owned by the Named Insured or any family member if the Named Insured is an individual and such vehicle is insured under one or more separate policies providing uninsured motorists or underinsured motorists insurance the following priorities of recovery apply First The policy affording Uninsured Motorists Priority Coverage or Underinsured Motorists Coverage to the vehicle the insured was occupying at the time of the accident. Second Any Coverage Form or policy affording Priority Uninsured Motorists Coverage or Underinsured Motorists Coverage to the insured as an individual Named Insured or family member. 1 Where there is no applicable insurance available under the first priority the maximum recovery under all Coverage Forms or policies in the second priority shall not exceed the highest applicable limit for any one vehicle under any one Coverage Form or policy. 2 Where there is applicable insurance available under the first priority a The Limit of Insurance applicable to the vehicle the insured was occupying under the Coverage Form or policy in the first priority shall first be exhausted and If there is other applicable insurance available under one or more policies or provisions of coverage The maximum recovery in the second priority under all Coverage Forms or policies combined may equal but not exceed the highest applicable limit for any one vehicle under any Coverage Form or policy providing coverage on either a primary or excess basis. Any insurance we provide with respect to a vehicle the Named Insured does not own shall be excess over any collectible uninsured or underinsured motorists insurance providing coverage on a primary basis. b CA 21240520 Insurance Services Office Inc. 2019 Insured Copy Page 3 of 6 | 2 |
If the coverage under this Coverage Form is provided i On a primary basis we will pay only our share of the loss that must be paid under insurance providing coverage on a primary basis. Our share is the proportion that our limit of liability bears to the total of all applicable limits of liability for coverage on a primary basis. ii On an excess basis we will pay only our share of the loss that must be paid under insurance providing coverage on an excess basis. Our share is the proportion that our limit of liability bears to the total of all applicable limits of liability for coverage on an excess basis. 3 We will pay only our share of the loss not to exceed our share of the maximum recovery. Our share is the proportion that our Limit of Insurance bears to the total of all applicable limits in the same level of priority. 2. Duties In The Event Of Accident Claim Suit Or Loss in the Business Auto and Motor Carrier Coverage Forms and Duties In The Event Of Accident Claim Offense Suit Loss Or Acts Errors Or Omissions in the Auto Dealers Coverage Form are changed by adding the following a. Promptly notify the police if a hit and run driver is involved and b. Promptly send us copies of the legal papers if a suit is brought. For an underinsured motor vehicle Duties In The Event Of Accident Claim Suit Or Loss in the Business Auto and Motor Carrier Coverage Forms and Duties In The Event Of Accident Claim Offense Suit Loss Or Acts Errors Or Omissions in the Auto Dealers Coverage Form are also changed by adding the following a. Promptly notify us in writing of a tentative settlement between the insured and the insurer of an underinsured motor vehicle. Such notice shall 1 Identify the insured the owner or driver of the underinsured motor vehicle and the insurer of the underinsured motor vehicle 2 Disclose the limits of the automobile liability insurance available to the owner or driver of the underinsured motor vehicle and 3 Disclose the agreed upon amount of the tentative settlement and b. Allow us 30 days to advance payment to that insured in an amount equal to the tentative settlement to preserve our rights against the insurer owner or operator of such underinsured motor vehicle. 3. Transfer Of Rights Of Recovery Against Others To Us is replaced by the following and supersedes any provision to the contrary Transfer Of Rights Of Recovery Against Others To Us a. If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after accident or loss to impair them. b. If we make any payment and the insured recovers from another party the insured shall hold the proceeds in trust for us and pay us back the amount we have paid. c. For an underinsured motor vehicle Paragraph 3.a. of the Transfer Of Rights Of Recovery Against Others To Us Condition does not apply if 1 We have been given prompt written notice of a tentative settlement between an insured and the insurer of an underinsured motor vehicle and We fail to advance payment to the insured in an amount equal to the tentative settlement within 30 days after receipt of such notification. If we advance payment to the insured in an amount equal to the tentative settlement within 30 days after receipt of written notification 2 1 That payment will be separate from any amount the insured is entited to recover under the provisions of Underinsured Motorists Coverage and 2 We also have a right to recover the advance payment. Page 4 of 6 Insurance Services Office Inc. 2019 Insured Copy CA 21240520 | 2 |
d. Our rights under Paragraph 3.a. of this condition do not apply against any person or organization insured under this or any other Coverage Form we issue with respect to the same accident or loss. e. Our rights under this condition do not apply against a person who is 21 years of age or older who 1 Had control over the premises and being in a reasonable position to prevent the consumption of alcoholic beverages knowingly or recklessly permitted the consumption of alcoholic beverages that caused the intoxication of a person under 21 years of age or Sold bartered furnished or gave to or purchased alcoholic beverages for a person under 21 years of age that caused the intoxication of a person under 21 years of age and that intoxicated person caused the injury loss or damage for which payment was made under this policy. f. Our rights are subject to any applicable limitations contained in the Minnesota statutes. 4. The following condition is added Arbitration a. If we and an insured disagree whether the insured is legally entited to recover damages from the owner or driver of an uninsured motor vehicle or underinsured motor vehicle or do not agree as to the amount of damages that are recoverable by that insured then the matter may be arbitrated. However disputes concerning coverage under this endorsement may not be arbitrated. Both parties must agree to arbitration. If so agreed each party will select an arbitrator. The two arbitrators will select a third. If they can not agree within 30 days either may request that selection be made by a judge of a court having jurisdiction. Each party will pay the expenses it incurs and bear the expenses of the third arbitrator equally. b. Unless both parties agree otherwise arbitration will take place in the county in which the insured lives. Local rules of law as to arbitration procedure and evidence will apply. A decision agreed to by two of the arbitrators will be binding. 2 However we will not pay the insured any interest other than the interest that accrues between the time that it is determined that a loss shall be payable in accordance with this Arbitration Condition and before we pay tender or deposit in court payment for the loss. F. Additional Definitions As used in this endorsement 1. Family member means a person related to an individual Named Insured by blood marriage or adoption who is a resident of such Named Insured s household including a ward or foster child. 2. Occupying means in upon getting in on out or off. 3. Uninsured motor vehicle means a land motor vehicle or trailer a. To which 1 no bodily injury liability bond or policy applies at the time of an accident or 2 a bodily injury liability bond or policy applies at the time of the accident but its limit for bodily injury liability is less than the minimum limit for bodily injury liability specified by the Minnesota No fault Automobile Insurance Act b. For which an insuring or bonding company denies coverage or is or becomes insolvent or c. Thatis a hit and run vehicle and neither the driver nor owner can be identified. The vehicle must hit an insured a covered auto or a vehicle an insured is occupying or must cause an accident resulting in bodily injury to an insured without hitting a covered auto or a vehicle an insured is occupying. However uninsured motor vehicle does not include any vehicle or equipment a. Owned or operated by a self insurer under any applicable motor vehicle law except a self insurer who 1 denies coverage 2 is or becomes insolvent or 3 can not provide the amounts required by that motor vehicle law b. Designed for use mainly off public roads while not on public roads c. Thatis an underinsured motor vehicle CA 21240520 Insurance Services Office Inc. 2019 Insured Copy Page 5 of 6 | 2 |
d. Owned by or furnished or available for the regular use of an insured e. Operated on rails or crawler treads or f. While located for use as a residence or premises. 4. Underinsured motor vehicle means a land motor vehicle or trailer for which a bodily injury liability bond or policy applies at the time of the accident in limits equal to or greater than the minimum limits specified by the Minnesota No fault Automobile Insurance Act but its limit for bodily injury liability is not enough to pay the full amount the insured is legally entitled to recover as damages caused by the accident. However underinsured motor vehicle does not include any vehicle or equipment a. For which a liability bond or policy applies at the time of the accident but the bonding or insuring company 1 denies coverage or 2 is or becomes insolvent b. Designed for use mainly off public roads while not on public roads c. Thatis an uninsured motor vehicle d. Owned by or furnished or available for the regular use of an insured e. Operated on rails or crawler treads or f. While located for use as a residence or premises. Page 6 of 6 Insurance Services Office Inc. 2019 Insured Copy CA 21240520 | 2 |
POLICY NUMBER CPP850079A POLICY NUMBER CPP850079A COMMERCIAL AUTO CA 21300115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ILLINOIS UNINSURED MOTORISTS COVERAGE For a covered auto licensed or principally garaged in or auto dealer operations conducted in lllinois this endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the Policy effective on the inception date of the Policy unless another date is indicated below. Named Insured Endorsement Effective Date SCHEDULE Limit Of Insurance 1 000000 Each Accident Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Coverage 1. We will pay all sums the insured is legally b. Anyone else occupying a covered auto or a temporary substitute for a covered entitled to recover as compensatory damages from the owner or driver of an uninsured motor vehicle. The damages must result from bodily injury sustained by the insured caused by an accident. The owner s or driver s liability for these damages must result from the ownership maintenance or use of the uninsured motor vehicle. 2. Any judgment for damages arising out of a suit brought without our written consent is not binding on us. B. Who Is An Insured If the Named Insured is designated in the Declarations as 1. Anindividual then the following are insureds a. The Named Insured and any family members. auto. The covered auto must be out of service because of its breakdown repair servicing loss or destruction. c. Anyone else occupying an auto you do not own who is an insured for Covered Autos Liability under the Coverage Form but only at times when that person is an insured for Covered Autos Liability under the Coverage Form. d. Anyone for damages he or she is entitled to recover because of bodily injury sustained by another insured. 2. A partnership limited liability company corporation or any other form of organization then the following are insureds a. Anyone occupying a covered auto or a temporary substitute for a covered auto. The covered auto must be out of service because of its breakdown repair servicing loss or destruction. CA 21300115 Insurance Services Office Inc. 2014 Insured Copy Page 10f 4 | 2 |
b. Anyone else occupying an auto you do not own who is an insured for Covered Autos Liability under the Coverage Form but only at times when that person is an insured for Covered Autos Liability under the Coverage Form. c. Anyone for damages he or she is entitled to recover because of bodily injury sustained by another insured. C. Exclusions This insurance does not apply to any of the following 1. Any claim settled without our consent. 2. The direct or indirect benefit of any insurer or self insurer under any workers compensation disability benefits or similar law. 3. Bodily injury sustained by a. An individual Named Insured while occupying or when struck by any vehicle owned by that Named Insured that is not a covered auto for Uninsured Motorists Coverage under this Coverage Form b. Any family member while occupying or when struck by any vehicle owned by that family member that is not a covered auto for Uninsured Motorists Coverage under this Coverage Form or c. Any family member while occupying or when struck by any vehicle owned by the Named Insured that is insured for Uninsured Motorists Coverage on a primary basis under any other Coverage Form or policy. 4. Anyone using a vehicle without a reasonable belief that the person is entitled to do so. 5. Punitive or exemplary damages. 6. Bodily injury arising directly or indirectly out of a. War including undeclared or civil war b. 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 c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. D. Limit Of Insurance 1. Regardless of the number of covered autos insureds premiums paid claims made or vehicles involved in the accident the most we will pay for all damages resulting from any one accident is the Limit Of Insurance for Uninsured Motorists Coverage shown in the Schedule or Declarations. We will apply the limit shown in the Declarations to first provide the separate limits required by the lllinois Safety Responsibility Law as follows a. 25000 for bodily injury to any one person caused by any one accident and b. 50000 for bodily injury to two or more persons caused by any one accident. This provision will not change our total limit of liability. 2. No one will be entitled to receive duplicate payments for the same elements of loss under this Coverage Form and any Liability Coverage form Medical Payments Coverage endorsement or Underinsured Motorists Coverage endorsement attached to this Coverage Part. We will not make a duplicate payment under this coverage for any element of loss for which payment has been made by or for anyone who is legally responsible. We will not pay for any element of loss if a person is entitled to receive payment for the same element of loss under any workers compensation disability benefits or similar law. E. Changes In Conditions The Conditions are changed for Uninsured Motorists Coverage as follows 1. Other Insurance in the Auto Dealers and Business Auto Coverage Forms and Other Insurance Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form are replaced by the following If there is other applicable insurance available under one or more policies or provisions of coverage a. The maximum recovery under all Coverage Forms or policies combined may equal but not exceed the highest applicable limit for any one vehicle under any Coverage Form or policy providing coverage on either a primary or excess basis. Page 2 of 4 Insurance Services Office Inc. 2014 Insured Copy CA 21300115 | 2 |
b. Any insurance we provide with respect to a vehicle the Named Insured does not own shall be excess over any other collectible uninsured motorists insurance providing coverage on a primary basis. c. If the coverage under this Coverage Form is provided 1 On a primary basis we will pay only our share of the loss that must be paid under insurance providing coverage on a primary basis. Our share is the proportion that our limit of liability bears to the total of all applicable limits of liability for coverage on a primary basis. 2 On an excess basis we will pay only our share of the loss that must be paid under insurance providing coverage on an excess basis. Our share is the proportion that our limit of liability bears to the total of all applicable limits of liability for coverage on an excess basis. 2. Duties In The Event Of Accident Claim Suit Or Loss in the Business Auto and Motor Carrier Coverage Forms and Duties In The Event Of Accident Claim Offense Suit Loss Or Acts Errors Or Omissions in the Auto Dealers Coverage Form are changed by adding the following a. Promptly notify the police if a hit and run driver is involved and b. Promptly send us copies of the legal papers if a suit is brought. 3. Legal Action Against Us is replaced by the following Legal Action Against Us a. No one may bring a legal action against us under this Coverage Form until there has been full compliance with all the terms of this Coverage Form. b. Any legal action against us must be brought within two years after the date of the accident. However this Paragraph 3.b. does not apply to an insured if within two years after the date of the accident arbitration proceedings have commenced in accordance with the provisions of this Coverage Form. 4. Transfer Of Rights Of Recovery Against Others To Us does not apply. 5. The following conditions are added Reimbursement And Trust If we make any payment and the insured recovers from another party the insured shall hold the proceeds in trust for us and pay us back the amount we have paid. Arbitration a. If we and an insured disagree whether the insured is legally entited to recover damages from the owner or driver of an uninsured motor vehicle or do not agree as to the amount of damages then the disagreement will be arbitrated. If the insured requests we and the insured will each select an arbitrator. The two arbitrators will select a third. If the arbitrators are not selected within 45 days of the insured s request either party may request that arbitration be submitted to the American Arbitration Association. We will bear all the expenses of the arbitration except when the insured s recovery exceeds the minimum limit specified in the lllinois Safety Responsibility Law. If this occurs the insured will be responsible for payment of his or her expenses and an equal share of the expenses of the third arbitrator up to the amount by which the insured s recovery exceeds the statutory minimum. b. Unless both parties agree otherwise arbitration will take place in the county in which the insured lives. c. If arbitration is submitted to the American Arbitration Association then the American Arbitration Association rules shall apply to all matters except medical opinions. As to medical opinions if the amount of damages being sought 1 Is equal to or less than the minimum limit for bodily injury liability specified by the lllinois Safety Responsibility Law then the American Arbitration Association rules shall apply. Exceeds the minimum limit for bodily injury liability specified by the lllinois Safety Responsibility Law then rules of evidence that apply in the circuit court for placing medical opinions into evidence shall apply. 2 CA 21300115 Insurance Services Office Inc. 2014 Insured Copy Page 3 of 4 | 2 |
In all other arbitration proceedings local rules of law as to arbitration procedure and evidence will apply. d. If the arbitration involves three arbitrators a decision agreed to by two of the arbitrators will be binding for the amount of damages not exceeding the lesser of either 1 75000 for bodily injury to any one person150000 for bodily injury to two or more persons caused by any one accident or 2 The Limit Of Uninsured Motorists Insurance shown in the Schedule or Declarations. F. Additional Definitions As used in this endorsement 1. Family member means a person related to an individual Named Insured by blood marriage or adoption who is a resident of such Named Insured s household including a ward or foster child. 2. Occupying means in upon getting in on out or off. 3. Uninsured motor vehicle means a land motor vehicle or trailer a. For which no liability bond or policy at the time of an accident provides at least the amounts required by the applicable law where a covered auto is principally garaged b. For which an insuring or bonding company denies coverage or is or becomes insolvent or c. Thatis a hit and run vehicle and neither the driver nor owner can be identified. The vehicle must hit or cause an object to hit an insured a covered auto or a vehicle an insured is occupying. If there is no physical contact with the hit and run vehicle the facts of the accident must be proved. However uninsured motor vehicle does not include any vehicle a. Owned or operated by a self insurer under any applicable motor vehicle law except a self insurer who is or becomes insolvent and can not provide the amounts required by that motor vehicle law b. Owned by a governmental unit or agency or c. Designed for use mainly off public roads while not on public roads. Page 4 of 4 Insurance Services Office Inc. 2014 Insured Copy CA 21300115 | 2 |
POLICY NUMBER CPP850079A POLICY NUMBER CPP850079A COMMERCIAL AUTO CA 21341013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON UNDERINSURED MOTORISTS COVERAGE For a covered auto licensed or principally garaged in or for auto dealer operations conducted in Washington this endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. Named Insured Endorsement Effective Date SCHEDULE Bodily Injury And Property Damage 1000 000 Each Accident Oor Bodily Injury Each Accident This endorsement provides bodily injury and property damage Underinsured Motorists Coverage unless an X is entered below If an X is entered in this box this endorsement provides bodily injury Underinsured Motorists Coverage only for the following autos Description Of Autos Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Coverage B. Who Is An Insured 1. We will pay all sums the insured is legally If the Named Insured is designated in the entitled to recover as compensatory damages Declarations as from the owner or driver of an underinsured oW 1. Anindividual then the following are insureds motor vehicle. The damages must result from bodily injury or property damage sustained a. The Narped Insured and any family by the insured caused by an accident. The members. owner s or driver s liability for these damages b. Anyone else occupying a covered auto or must result from the ownership maintenance or a temporary substitute for a covered auto. use of the underinsured motor vehicle. The covered auto must be out of service because of its breakdown repair servicing loss or destruction. tive Data CA 21341013 Insurance Services Office Inc. 2012 Insured Copy Page 10f5 | 2 |
c. Anyone for damages he or she is entitled to recover because of bodily injury sustained by another insured. 2. A partnership limited liability company corporation or any other form of organization then the following are insureds a. Anyone occupying a covered auto or a temporary substitute for a covered auto. The covered auto must be out of service because of its breakdown repair servicing loss or destruction. b. Anyone for damages he or she is entitled to recover because of bodily injury sustained by another insured. c. The Named Insured for property damage only. C. Exclusions This insurance does not apply to 1. The benefit of any insurer or self insurer under any workers compensation law or any similar disability benefits law. 2. The benefit of any insurer of property. 3. Bodily injury sustained by a. An individual Named Insured while occupying any vehicle owned by that Named Insured or made available for that Named Insured s regular use that is not a covered auto for Covered Autos Liability Coverage under this Coverage Form b. Any family member while occupying any vehicle owned by that family member or available for that family member s regular use that is not a covered auto for Covered Autos Liability Coverage under this Coverage Form or c. Any family member while occupying any vehicle owned by the Named Insured or made available for the Named Insured s regular use that is insured for Liability Coverage on a primary basis under any other Coverage Form or policy. 4. Property contained in or struck by any vehicle owned by or available for the regular use of the Named Insured or any family member if the Named Insured is an individual which is not a covered auto for Covered Autos Liability Coverage under this Coverage Form. 5. The first 300 of the amount of property damage to the property of each insured as the result of any one accident caused by a hit and run vehicle as described in Paragraph 5.d. of the definition of underinsured motor vehicle. In all other cases this insurance does not apply to the first 100 of the amount of property damage to the property of each insured as the result of any one accident. 6. Anyone using a vehicle without a reasonable belief that the person is entitled to do so. odily injury or property damage to an insured while operating or occupying a motorcycle or motor driven cycle which is not a covered auto for Covered Autos Liability Coverage under this Coverage Form. 8. Punitive or exemplary damages. 9. Bodily injury or property damage arising directly or indirectly out of a. War including undeclared or civil war b. 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 c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. D. Limit Of Insurance 1. Regardless of the number of covered autos insureds premiums paid claims made or vehicles involved in the accident the most we will pay for all damages resulting from any one accident is the limit shown in the Schedule or in the Declarations. 2. No one will be entitled to receive duplicate payments for the same elements of loss under this Coverage Form and any Liability Coverage form Medical Payments Coverage endorsement or Personal Injury Protection Coverage endorsement attached to this Coverage Part. We will not make a duplicate payment under this coverage for any element of loss for which payment has been made by or for anyone who is legally responsible. Page 2 of 5 Insurance Services Office Inc. 2012 Insured Copy CA 21341013 | 2 |
E. Changes In Conditions The Conditions are changed for Washington Underinsured Motorists Coverage as follows 1. Other Insurance in the Auto Dealers and Business Auto Coverage Forms and Other Insurance Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form are replaced by the following If there is other applicable insurance available under one or more policies or provisions of coverage a. The maximum recovery under all Coverage Forms or policies combined may equal but not exceed the highest applicable limit for any one vehicle under any Coverage Form or policy providing coverage on either a primary or excess basis. b. Any insurance we provide with respect to a vehicle the Named Insured does not own shall be excess over any other collectible underinsured motorists insurance providing coverage on a primary basis. c. If the coverage under this Coverage Form is provided 1 On a primary basis we will pay only our share of the loss that must be paid under insurance providing coverage on a primary basis. Our share is the proportion that our limit of liability bears to the total of all applicable limits of liability for coverage on a primary basis. 2 On an excess basis we will pay only our share of the loss that must be paid under insurance providing coverage on an excess basis. Our share is the proportion that our limit of liability bears to the total of all applicable limits of liability for coverage on an excess basis. 2. Duties In The Event Of Accident Claim Suit Or Loss in the Business Auto and Motor Carrier Coverage Forms and Duties In The Event Of Accident Claim Offense Suit Loss Or Acts Errors Or Omissions in the Auto Dealers Coverage Form are changed by adding the following a. A person seeking Underinsured Motorists Coverage must also promptly notify us in writing of a tentative settlement between the insured and the insurer of an underinsured motor vehicle and allow us 30 days to advance payment to that insured in an amount equal to the tentative settlement to preserve our rights against the insurer owner or operator of such underinsured motor vehicle. However this provision does not apply if failure to notify us does not prejudice our right to recover payment from the person legally responsible for the accident. 3. Legal Action Against Us is replaced by the following Legal Action Against Us a. No one may bring a legal action against us under this Coverage Form until there has been full compliance with all the terms of this Coverage Form. b. Any legal action against us under this Coverage Form must be brought within one year after the date on which the cause of action accrues. If this action is brought pursuant to Sec. 3 of RCW 48.30 then 20 days prior to filing such an action you are required to provide written notice of the basis for the cause of action to us and the Office of the Insurance Commissioner. Such notice may be sent by regular mail registered mail or certified mail with return receipt requested. CA 21341013 Insurance Services Office Inc. 2012 Insured Copy Page 30of 5 | 2 |
4. Transfer Of Rights Of Recovery Against Others To Us is changed by adding the following If we make any payment and the insured recovers from another party the insured shall hold the proceeds in trust for us and pay us back the amount we have paid. We shall be entitled to recovery only after the insured has been fully compensated for damages. Our rights do not apply under this provision with respect to damages caused by an accident with an underinsured motor vehicle if we a. Have been given prompt notice of a tentative settlement between an insured and the insurer of an underinsured motor vehicle and b. Fail to advance payment to the insured in an amount equal to the tentative settlement within 30 days after receipt of notification. If we advance payment to the insured in an amount equal to the tentative settlement within 30 days after receipt of notification 1 That payment will be separate from any amount the insured is entited to recover under the provisions of Underinsured Motorists Coverage and 2 We also have a right to recover the advanced payment. 5. The following condition is added Arbitration a. If we and an insured disagree whether the insured is legally entitled to recover damages from the owner or driver of an underinsured motor vehicle or do not agree as to the amount of damages that are recoverable by that insured then the matter may be arbitrated. However disputes concerning coverage under this endorsement may not be arbitrated. Both parties must agree to arbitration. If so agreed each party will select an arbitrator. The two arbitrators will select a third. If they can not agree within 30 days either may request that selection be made by a judge of a court having jurisdiction. We will pay all arbitration expenses. Arbitration expenses will not include the insured s attorney s fees or any expenses incurred in producing evidence or witnesses. b. Unless both parties agree otherwise arbitration will take place in the county in which the insured lives. Local rules of law as to arbitration procedure and evidence will apply. A decision agreed to by two of the arbitrators will be binding. F. Additional Definitions As used in this endorsement 1. Property damage means injury to or destruction of the property of an insured. 2. Family member means a person related to an individual Named Insured by blood marriage or adoption who is a resident of such Named Insured s household including a ward or foster child. 3. Occupying means in upon getting in on out or off. 4. Suit means a civil proceeding in which a. Damages because of bodily injury or property damage or b. A covered pollution cost or expense to which this insurance applies are alleged. Suit includes 1 An arbitration proceeding in which such damages or covered pollution costs or expenses are claimed or 2 Any other alternative dispute resolution proceeding in which such damages or covered pollution costs or expenses are claimed. 5. Underinsured motor vehicle means a land motor vehicle or trailer a. For which no liability bond or policy applies at the time of an accident or b. For which liability bonds or policies apply at the time of the accident but the amount paid under all of the bonds or policies to an insured is not enough to pay the full amount an insured is legally entitled to recover as damages caused by the accident or c. For which all insuring or bonding companies deny coverage or are or become insolvent or d. Thatis a hit and run vehicle and neither the driver nor owner can be identified. The vehicle must either 1 Hit an insured a covered auto or a vehicle an insured is occupying or Page 4 of 5 Insurance Services Office Inc. 2012 Insured Copy CA 21341013 | 2 |
2 Cause bodily injury or property damage with no physical contact with the insured or the vehicle the insured was occupying at the time of the accident provided a The facts of the accident can be corroborated by competent evidence other than the testimony of any person having an underinsured motorists coverage claim as a result of such accident and b Someone reports the accident to the police within 72 hours of the accident. However underinsured motor vehicle does not include any vehicle 1 For which the Covered Autos Liability Coverage of this Coverage Form applies. However if the Named Insured is an individual and that Named Insured or any family member sustains damages while occupying or when struck by an auto which is a covered auto for Covered Autos Liability Coverage under this Coverage Form this exception to this definition of an underinsured motor vehicle does not apply to that Named Insured or any such family member. 2 Owned by a governmental unit or agency. This provision does not apply if the governmental unit or agency is unable to pay damages because of financial inability or insolvency. 6. Whenever the terms uninsured motorists coverage or uninsured motor vehicle appear in the Coverage Form or any endorsements attached to the Coverage Form they are replaced by the terms underinsured motorists coverage and underinsured motor vehicle for covered autos licensed in or auto dealer operations conducted in Washington. CA 21341013 Insurance Services Office Inc. 2012 Insured Copy Page 50f 5 | 2 |
POLICY NUMBER CPP850079A POLICY NUMBER CPP850079A COMMERCIAL AUTO CA 21361013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UTAH UNINSURED MOTORISTS COVERAGE PROPERTY DAMAGE For a covered auto licensed or principally garaged in or auto dealer operations conducted in Utah this endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured Endorsement Effective Date SCHEDULE Limit Of Insurance Actual Cash Value or 3500 the Limit Of Insurance provision. whichever is less for each accident in accordance with Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Coverage 1. We will pay all sums the insured is legally This insurance does not apply to any of the entitled to recover as compensatory damages following from the owner or operator of an uninsured 1. Any claim settled without our consent. motor vehicle. The damages must result from B. Exclusions property damage caused by an accident 2. The first 250 of the amount of property arising out of actual physical contact with a covered auto. The owner s or driver s liability for these damages must result from the ownership maintenance or use of the uninsured motor vehicle. 2. Any judgment for damages arising out of a suit brought without our written consent is not binding on us. damage to a covered auto as a result of any one accident. 3. In the event that the owner operator or license plate number of the uninsured motor vehicle can not be identified. 4. The direct or indirect benefit of any insurer of property. 5. Punitive or exemplary damages. tive Nata CA 21361013 Insurance Services Office Inc. 2012 Insured Copy Page 10f 3 | 2 |
6. Property damage arising directly or indirectly out of a. War including undeclared or civil war b. 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 c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. C. Limit Of Insurance 1. Regardless of the number of covered autos premiums paid claims made or vehicles involved in the accident the most we will pay for all damages resulting from any one accident will be the lesser of the actual cash value of your damaged auto at the time of the accident or the amount shown in the Schedule. 2. We will not make a duplicate payment under this coverage for any element of loss for which payment has been made by or for anyone who is legally responsible. D. Changes In Conditions The Conditions are changed for Utah Uninsured Motorists Coverage Property Damage as follows 1. Other Insurance in the Auto Dealers and Business Auto Coverage Forms and Other Insurance Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form are replaced by the following If there is other applicable insurance available under one or more policies or provisions of coverage a. The maximum recovery under all Coverage Forms or policies combined may equal but not exceed the highest applicable limit for any one vehicle under any Coverage Form or policy providing coverage on either a primary or excess basis. b. Any insurance we provide with respect to a vehicle you do not own shall be excess over any other collectible property damage uninsured motorists insurance providing coverage on a primary basis. c. If the coverage under this Coverage Form is provided 1 On a primary basis we will pay only our share of the loss that must be paid under insurance providing coverage on a primary basis. Our share is the proportion that our limit of liability bears to the total of all applicable limits of liability for coverage on a primary basis. On an excess basis we will pay only our share of the loss that must be paid under insurance providing coverage on an excess basis. Our share is the proportion that our limit of liability bears to the total of all applicable limits of liability for coverage on an excess basis. 2. Duties In The Event Of Accident Claim Suit Or Loss in the Business Auto and Motor Carrier Coverage Forms and Duties In The Event Of Accident Claim Offense Suit Loss Or Acts Errors Or Omissions in the Auto Dealers Coverage Form are changed by adding the following a. Promptly send us copies of the legal papers if a suit is brought. b. Provide us within 10 days of the accident with the name and address of the owner or operator of the uninsured motor vehicle or a license plate number and description of such vehicle or any other available information to establish that there is no applicable motor vehicle property damage liability coverage. 3. Transfer Of Rights Of Recovery Against Others To Us is changed by adding the following a. We shall be entitled to a recovery only after the insured has been fully compensated for damages. b. If we make any payment and the insured recovers from another party the insured shall hold the proceeds in trust for us and pay us back the amount we have paid. 2 Page 2 0f 3 Insurance Services Office Inc. 2012 Insured Copy CA 21361013 | 2 |
4. The following condition is added Arbitration a. If we and an insured disagree whether the insured is legally entitled to recover property damage from the owner or driver of an uninsured motor vehicle or do not agree as to the amount of such damages that are recoverable by the insured then the matter may be arbitrated. However disputes concerning coverage under this endorsement may not be arbitrated. Either party may make a written demand for arbitration. In this event unless otherwise agreed to in writing we and the insured shall agree on the selection of a single arbitrator. If we and the insured are unable to agree on the selection of a single arbitrator each party will select an arbitrator. The two arbitrators will select a third. If the two arbitrators are unable to agree on the selection of the third arbitrator within 30 days either may request that selection be made by a judge of a court having jurisdiction. Each party will bear the expenses for a single arbitrator equally or pay the expenses for the arbitrator each party selects and bear the expenses of the third arbitrator equally. b. Unless both parties agree otherwise arbitration will take place in the county in which the insured lives. Local rules of law as to arbitration procedure and evidence will apply. A written decision agreed to by the single arbitrator or agreed to by two of the arbitrators will be binding unless either party demands a trial. This demand must be made within 20 days of service of the arbitration award. If this demand is not made the amount of damages agreed to by the arbitrators will be binding. However this condition does not apply if a small claims court having jurisdiction resolves the matter or matters upon which we and an insured do not agree. E. Additional Definitions As used in this endorsement 1. Property damage means injury to or destruction of a covered auto. However property damage does not include loss of use of the covered auto or damage to personal property contained in the covered auto. 2. Uninsured motor vehicle means a land motor vehicle or trailer a. For which no liability bond or policy at the time of an accident provides at least the applicable minimum limit for property damage liability specified by UTAH CODE ANN. Section 31A22 304. The applicable minimum limit is 1 80000 for each accident if the limit of liability is a single limit that applies for each accident or 2 15000 for each accident if the limit of liability is indicated as a split limit. b. For which an insuring or bonding company 1 Denies coverage 2 Is or becomes insolvent or 3 Fails to confirm coverage within 60 days from the date such company receives notification of a claim by or on behalf of the insured. However uninsured motor vehicle does not include any vehicle a. Owned or operated by a self insurer under any applicable motor vehicle law except a self insurer who is or becomes insolvent and can not provide the amounts required by that motor vehicle law b. Owned or operated by a self insurer under Utah motor vehicle law except a self insurer who is or becomes insolvent and can not provide the applicable minimum limit for property damage liability specified by UTAH CODE ANN. Section 31A22 304. The applicable minimum limit is 1 80000 for each accident if the limit of liability is a single limit that applies for each accident or 2 15000 for each accident if the limit of liability is indicated as a split limit c. Owned by a governmental unit or agency or d. Designed for use mainly off public roads while not on public roads. CA 21361013 Insurance Services Office Inc. 2012 Insured Copy Page 30f 3 | 2 |
POLICY NUMBER CPP850079A POLICY NUMBER CPP850079A COMMERCIAL AUTO CA 21370220 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS UNINSURED MOTORISTS COVERAGE For a covered auto licensed or principally garaged in or auto dealer operations conducted in Kansas this endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the Policy effective on the inception date of the Policy unless another date is indicated below. Named Insured THE SCOULAR COMPANY SCOULAR PROPERTIES INC THE Endorsement Effective Date 05312021 SCHEDULE Limit Of Insurance 1000000 Each Accident Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Coverage 1. We will pay all sums the insured is legally b. A tentative settlement has been made between an insured and the insurer of a entitled to recover as damages from the owner or driver of an uninsured motor vehicle. The damages must result from bodily injury sustained by the insured caused by an accident. The owner s or driver s liability for these damages must result from the ownership maintenance or use of the uninsured motor vehicle. 2. With respect to damages resulting from an accident with a vehicle described in Paragraph b. of the definition of uninsured motor vehicle we will pay under this coverage only if a. or b. below applies a. The limit of any applicable liability bonds or policies has been exhausted by payment of judgments or settlements or vehicle described in Paragraph b. of the definition of uninsured motor vehicle and we 1 Have been given prompt written notice of such tentative settlement and 2 Advance payment to the insured in an amount equal to the tentative settiement within 60 days after receipt of notification. B. Who Is An Insured If the Named Insured is designated in the Declarations as 1. Anindividual then the following are insureds a. The Named Insured and any family members. CA 21370220 Insurance Services Office Inc. 2019 Insured Copy Page 1 of 4 | 2 |
b. Anyone else occupying a covered auto or a temporary substitute for a covered auto. The covered auto must be out of service because of its breakdown repair servicing loss or destruction. c. Anyone for damages he or she is entitled to recover because of bodily injury sustained by another insured. 2. A partnership limited liability company corporation or any other form of organization then the following are insureds a. Anyone occupying a covered auto or a temporary substitute for a covered auto. The covered auto must be out of service because of its breakdown repair servicing loss or destruction. b. Anyone for damages he or she is entitled to recover because of bodily injury sustained by another insured. C. Exclusions This insurance does not apply to any of the following 1. Any claim settled or judgment reached without our consent if the settlement or judgment prejudices our right to recover payment. However this exclusion does not apply to a settlement made with the insurer of a vehicle described in Paragraph b. of the definition of uninsured motor vehicle. 2. The direct or indirect benefit of any insurer or self insurer under any workers compensation disability benefits or similar law. 3. Anyone using a vehicle without a reasonable belief that the person is entitled to do so. 4. Bodily injury sustained by an insured while occupying or when struck by any motor vehicle that is owned by or provided for the regular use of that insured for which the security required by Kansas law is not in effect. D. Limit Of Insurance 1. Regardless of the number of covered autos insureds premiums paid claims made or vehicles involved in the accident the most we will pay for all damages resulting from any one accident is the limit of Uninsured Motorists Insurance shown in the Schedule or Declarations. We will apply the limit shown in the Schedule or Declarations to first provide the separate limits required by Kansas law as follows a. 25000 for bodily injury to any one person caused by any one accident and b. 50000 for bodily injury to two or more persons caused by any one accident. This provision will not change our total limit of liability. 2. The limit for damages resulting from bodily injury caused by a vehicle described in Paragraph b. of the definition of uninsured motor vehicle applies separately from the limit for a vehicle described in Paragraphs a. c. and d. of that definition. 3. No one will be entitled to receive duplicate payments for the same elements of loss under this coverage and any Liability Coverage form Medical Payments Coverage endorsement Uninsured Motorists Coverage endorsement or Underinsured Motorists Coverage endorsement attached to this Coverage Part. We will not make a duplicate payment under this coverage for any element of loss for which payment has been made by or for anyone who is legally responsible. We will not pay for any element of loss if the person is entitled to receive payment for the same element of loss under any workers compensation disability benefits or similar law or personal injury protection coverage. 4. The Limit of Insurance under this coverage shall be reduced by all sums paid or payable by or for anyone who is legally responsible. This does not include all sums paid under this Coverage Form s Covered Autos Liability Coverage. E. Changes In Conditions The Conditions are changed for Uninsured Motorists Coverage as follows 1. Other Insurance in the Auto Dealers and Business Auto Coverage Forms and Other Insurance Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form are changed by addition of the following a. The reference to other collectible insurance applies only to other collectible uninsured motorists insurance. b. If there is other applicable insurance available under one or more policies or provisions of coverage the maximum recovery under all Coverage Forms or policies combined may equal but not exceed the highest applicable limit for any one vehicle under any Coverage Form or policy providing coverage on either a primary or excess basis. Page 2 of 4 Insurance Services Office Inc. 2019 Insured Copy CA 21370220 | 2 |
2. Duties In The Event Of Accident Claim Suit Or Loss in the Business Auto and Motor Carrier Coverage Forms and Duties In The Event Of Accident Claim Offense Suit Loss Or Acts Errors Or Omissions in the Auto Dealers Coverage Form are changed by adding the following a. Promptly notify the police if a hit and run driver is involved. b. Promptly send us copies of the legal papers if a suit is brought. c. A person seeking Uninsured Motorists Coverage must also 1 Notify us in writing by certified mail of a tentative settlement between the insured and the insurer of a vehicle described in Paragraph b. of the definition of uninsured motor vehicle and Allow us 60 days after receipt of the written notice to advance payment to that insured in an amount equal to the tentative settlement to preserve our rights against the insurer owner or operator of such vehicle described in Paragraph b. of the definition of uninsured motor vehicle. Such written notice shall include written documentation of all damages incurred copies of all medical bills and written authorization or a court order to obtain reports from all employers and medical providers. 3. Transfer Of Rights Of Recovery Against Others To Us is changed by adding the following a. If we make any payment and the insured recovers from another party the insured shall hold the proceeds in trust for us and pay us back the amount we have paid. b. We do not have a right of recovery with respect to damages resulting from an accident with a vehicle described in Paragraphs a.. and d. of the definition of uninsured motor vehicle to which a liability bond or policy applies at the time of the accident but the bonding or insuring company is or becomes insolvent. 2 c. Our rights do not apply under this provision with respect to damages caused by an accident with a vehicle described in Paragraph b. of the definition of uninsured motor vehicle if we 1 Have been given written notice by certified mail of a tentative agreement between the insured and the insuring company of the owner or operator of the underinsured motor vehicle to settle for liability limits and Fail to advance payments to the insured in an amount equal to the tentative settlement within 60 days after receipt of the notice. If we advance payment to the insured in an amount equal to the tentative settlement within 60 days after receipt of notification 1 That payment will be separate from any amount the insured is entited to recover under the provisions of Uninsured Motorists Coverage and 2 We also have a right to recover the advance payment. 4. The Two Or More Coverage Forms Or Policies Issued By Us General Condition does not apply. 5. The Concealment Misrepresentation Or Fraud General Condition does not apply. 6. The following condition is added Arbitration a. If we and an insured disagree whether the insured is legally entitled to recover damages from the owner or driver of an uninsured motor vehicle or do not agree as to the amount of damages that are recoverable by that insured then the matter may be arbitrated. However disputes concerning coverage under this endorsement may not be arbitrated. Both parties must agree to arbitration. If so agreed each party will select an arbitrator. The two arbitrators will select a third. If they can not agree within 30 days either may request that selection be made by a judge of a court having jurisdiction. Each party will pay the expenses it incurs and bear the expenses of the third arbitrator equally. 2 CA 21370220 Insurance Services Office Inc. 2019 Insured Copy Page 3 of 4 | 2 |
b. Unless both parties agree otherwise arbitration will take place in the county in which the insured lives. Local rules of law as to procedure and evidence will apply. A decision agreed to by two of the arbitrators will be binding. c. Once arbitration is agreed to by both parties either party has the right to bring arbitration under K.S.A. Sections 5 201 5 213 inclusive in lieu of the arbitration procedure provided in this condition. F. Additional Definitions As used in this endorsement 1. Family member means a person related to an individual Named Insured by blood marriage or adoption who is a resident of such Named Insured s household including a ward or foster child. 2. Occupying means in upon getting in on out or off. 3. Uninsured motor vehicle means a land motor vehicle or trailer a. For which no liability bond or policy at the time of an accident provides at least the amounts required by Kansas law b. That is an underinsured motor vehicle. An underinsured motor vehicle is a land motor vehicle or trailer for which the sum of all liability bonds or policies at the time of an accident provides at least the amounts required by Kansas law but their limits are less than the limit of this insurance c. d. For which an insuring or bonding company denies coverage or is or becomes insolvent For which neither the driver nor owner can be identified. The vehicle must either 1 Hit an insured a covered auto or a vehicle an insured is occupying or 2 Cause bodily injury to an insured without hitting an insured a covered auto or a vehicle an insured is occupying provided the facts of the accident can be corroborated by competent evidence other than the testimony of any person having a claim under this or any other similar insurance as the result of such accident. However uninsured motor vehicle does not include any vehicle Owned or operated by a self insurer under any applicable motor vehicle law except a self insurer who is or becomes insolvent and can not provide the amounts required by that motor vehicle law. b. Owned by a governmental unit or agency.. Designed for use mainly off public roads while not on public roads. Page 4 of 4 Insurance Services Office Inc. 2019 Insured Copy CA 21370220 | 2 |
POLICY NUMBER CPP850079A POLICY NUMBER CPP850079A COMMERCIAL AUTO CA 21381013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ILLINOIS UNDERINSURED MOTORISTS COVERAGE For a covered auto licensed or principally garaged in or auto dealer operations conducted in lllinois this endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured Endorsement Effective Date SCHEDULE Limit Of Insurance 1000 000 Each Accident Information required to complete this Schedule if not shown above will be shown in the Declarations. b. We and an insured have reached a A. Coverage settlement agreement. 1. We will pay all sums the insured is legally entitled to recover as compensatory damages from the owner or driver of an underinsured motor vehicle. The damages must result from bodily injury sustained by the insured caused by an accident. The owner s or driver s liability for these damages must result from the ownership maintenance or use of the underinsured motor vehicle. 2. We will pay only after all liability bonds or policies have been exhausted by payment of judgments or settlements unless a. We have been given prompt written notice of a tentative settlement and decide to advance payment to the insured in an amount equal to that tentative settlement within 30 days after receipt of notification or 3. Any judgment for damages arising out of a suit brought without written notice to us is not binding on us. B. Who Is An Insured If the Named Insured is designated in the Declarations as 1. Anindividual then the following are insureds a. The Named Insured and any family members. b. Anyone else occupying a covered auto or a temporary substitute for a covered auto. The covered auto must be out of service because of its breakdown repair servicing loss or destruction. tive Nata CA 21381013 Insurance Services Office Inc. 2012 Insured Copy Page 10f 4 | 2 |
c. Anyone else occupying an auto you do not own who is an insured for Covered Autos Liability Coverage under the Coverage Form but only at times when that person is an insured for Covered Autos Liability Coverage under the Coverage Form. d. Anyone for damages he or she is entitled to recover because of bodily injury sustained by another insured. 2. A partnership limited liability company corporation or any other form of organization then the following are insureds a. Anyone occupying a covered auto or a temporary substitute for a covered auto. The covered auto must be out of service because of its breakdown repair servicing loss or destruction. b. Anyone else occupying an auto you do not own who is an insured for Covered Autos Liability Coverage under the Coverage Form but only at times when that person is an insured for Covered Autos Liability Coverage under the Coverage Form. c. Anyone for damages he or she is entitled to recover because of bodily injury sustained by another insured. C. Exclusions This insurance does not apply to any of the following 1. The direct or indirect benefit of any insurer under any workers compensation disability benefits or similar law.. Bodily injury sustained by a. An individual Named Insured while occupying or when struck by any vehicle owned by that Named Insured that is not a covered auto for Underinsured Motorists Coverage under this Coverage Form b. Any family member while occupying or when struck by any vehicle owned by that family member that is not a covered auto for Underinsured Motorists Coverage under this Coverage Form or c. Any family member while occupying or when struck by any vehicle owned by the Named Insured that is insured for Underinsured Motorists Coverage on a primary basis under any other Coverage Form or policy. 3. Anyone using a vehicle without a reasonable belief that the person is entitled to do so. 4. Punitive or exemplary damages. 5. Bodily injury arising directly or indirectly out of a. War including undeclared or civil war b. 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 c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. D. Limit Of Insurance 1. Regardless of the number of covered autos insureds premiums paid claims made or vehicles involved in the accident the most we will pay for all damages resulting from any one accident is the Limit Of Insurance for Underinsured Motorists Coverage shown in this endorsement. 2. Except in the event of a settlement agreement the Limit of Insurance for this coverage shall be reduced by all sums paid or payable a. By or for anyone who is legally responsible including all sums paid under this Coverage Form s Covered Autos Liability Coverage. b. Under any workers compensation disability benefits or similar law. However the Limit of Insurance for this coverage shall not be reduced by any sums paid or payable under Social Security disability benefits. c. Under any automobile medical payments coverage. 3. In the event of a settlement agreement the maximum Limit of Insurance for this coverage shall be the amount by which the Limit of Insurance for this coverage exceeds the limits of bodily injury liability bonds or policies applicable to the owner or operator of the underinsured motor vehicle. 4. No one will be entitled to receive duplicate payments for the same elements of loss under this Coverage Form and any Liability Coverage form. Page 2 of 4 Insurance Services Office Inc. 2012 Insured Copy CA 21381013 | 2 |
E. Changes In Conditions The Conditions are changed for Underinsured Motorists Coverage as follows 1. Other Insurance in the Auto Dealers and Business Auto Coverage Forms and Other Insurance Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form are replaced by the following If there is other applicable insurance available under one or more policies or provisions of coverage a. The maximum recovery under all coverage forms or policies combined may equal but not exceed the highest applicable limit for any one vehicle under any Coverage Form or policy providing coverage on either a primary or excess basis. b. Any insurance we provide with respect to a vehicle the Named Insured does not own shall be excess over any other collectible underinsured motorists insurance providing coverage on a primary basis. c. If the coverage under this Coverage Form is provided 1 On a primary basis we will pay only our share of the loss that must be paid under insurance providing coverage on a primary basis. Our share is the proportion that our limit of liability bears to the total of all applicable limits of liability for coverage on a primary basis. 2 On an excess basis we will pay only our share of the loss that must be paid under insurance providing coverage on an excess basis. Our share is the proportion that our limit of liability bears to the total of all applicable limits of liability for coverage on an excess basis. 2. Duties In The Event Of Accident Claim Suit Or Loss in the Business Auto and Motor Carrier Coverage Forms and Duties In The Event Of Accident Claim Offense Suit Loss Or Acts Errors Or Omissions in the Auto Dealers Coverage Form are changed by adding the following a. Give us written notice of a tentative settlement and allow us to advance payment in an amount equal to that settlement within 30 days after receipt of notification to preserve our rights against the owner or operator of the underinsured motor vehicle. b. File suit against the owner or operator of the underinsured motor vehicle prior to the conclusion of a settlement agreement. Such suit can not be abandoned or settled without giving us written notice of a tentative settlement and allowing us 30 days to advance payment in an amount equal to that settlement to preserve our rights against the owner or operator of the underinsured motor vehicle. c. Promptly send us copies of the legal papers if a suit is brought. 3. Legal Action Against Us is replaced by the following Legal Action Against Us a. No one may bring a legal action against us under this Coverage Form until there has been full compliance with all the terms of this Coverage Form. b. Any legal action against us under this Coverage Form must be brought within two years after the date of the accident. However this Paragraph 3.b. does not apply if within two years after the date of the accident 1 Arbitration proceedings have commenced in accordance with the provisions of this Coverage Form or 2 The insured has filed an action for bodily injury against the owner or operator of an underinsured motor vehicle and such action is a Filed in a court of competent jurisdiction and b Not barred by the applicable state statute of limitations. In the event that the two year time limitation identified in this condition does not apply the applicable state statute of limitations will govern legal action against us under this Coverage Form. 4. The following is added to Transfer Of Rights Of Recovery Against Others To Us Transfer Of Rights Of Recovery Against Others To Us does not apply to damages caused by an accident with an underinsured motor vehicle if we a. Have been given written notice of a tentative settlement between an insured and the insurer of an underinsured motor vehicle and CA 21381013 Insurance Services Office Inc. 2012 Insured Copy Page 3 of 4 | 2 |
b. Fail to advance payment to the insured in an amount equal to the tentative settlement within 30 days after receipt of the notice. If we advance payment to the insured in an amount equal to the tentative settlement within 30 days after receipt of notice a. That payment will be separate from any amount the insured is entitled to recover under the provisions of Underinsured Motorists Coverage and b. We will also have a right to recover the advanced payment. However in the event of a settlement agreement we shall be entitled to recover only for amounts which exceed the limit of bodily injury liability bonds or policies applicable to the owner or operator of the underinsured motor vehicle.. The following conditions are added Reimbursement And Trust If we make any payment and the insured recovers from another party the insured shall hold the proceeds in trust for us and pay us back the amount we have paid. However in the event of a settlement agreement we shall be entitled to recover only for amounts which exceed the limit of bodily injury liability bonds or policies applicable to the owner or operator of the underinsured motor vehicle. Arbitration a. If we and an insured disagree whether the insured is legally entitled to recover damages from the owner or driver of an underinsured motor vehicle or do not agree as to the amount of damages that are recoverable by that insured then the matter may be arbitrated. However disputes concerning coverage under this endorsement may not be arbitrated. Either party may make a written demand for arbitration. In this event each party will select an arbitrator. The two arbitrators will select a third. If they can not agree within 30 days either may request that selection be made by a judge of a court having jurisdiction. Each party will pay the expenses it incurs and bear the expenses of the third arbitrator equally. b. Unless both parties agree otherwise arbitration will take place in the county in which the insured lives. Local rules of law as to arbitration procedure and evidence will apply. A decision agreed to by two of the arbitrators will be binding. F. Additional Definitions As used in this endorsement 1. Family member means a person related to an individual Named Insured by blood marriage or adoption who is a resident of such Named Insured s household including a ward or foster child. 2. Occupying means in upon getting in on out or off. 3. Settlement agreement means we and an insured agree that the insured is legally entitled to recover from the owner or operator of the underinsured motor vehicle damages for bodily injury and without arbitration agree also as to the amount of damages. Such agreement is final and binding regardless of any subsequent judgment or settlement reached by the insured with the owner or operator of the underinsured motor vehicle. 4. Tentative settlement means an offer from the owner or operator of the underinsured motor vehicle to compensate an insured for damages incurred because of bodily injury sustained in an accident involving an underinsured motor vehicle. Underinsured motor vehicle means a land motor vehicle or trailer for which the sum of all liability bonds or policies at the time of an accident provides at least the amounts required by the applicable law where a covered auto is principally garaged but that sum is either less than the Limit of Insurance of this coverage or reduced by payments to other persons resulting from the same accident to an amount less than the Limit of Insurance of this coverage. However underinsured motor vehicle does not include any vehicle a. Owned or operated by any self insurer under any applicable motor vehicle law. b. Owned by a governmental unit or agency. c. Designed for use mainly off public roads while not on public roads. d. Which is an uninsured motor vehicle. Page 4 of 4 Insurance Services Office Inc. 2012 Insured Copy CA 21381013 | 2 |
POLICY NUMBER CPP850079A POLICY NUMBER CPP850079A COMMERCIAL AUTO CA 215007 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COLORADO UNINSURED MOTORISTS COVERAGE BODILY INJURY For a covered auto licensed or principally garaged in or auto dealer operations conducted in Colorado this endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the Policy effective on the inception date of the Policy unless another date is indicated below. SCHEDULE Limit Of Insurance 1000000 Each Accident Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Coverage b. A tentative settlement has been made 1. We will pay all sums the insured is legally between an Insured and the Insurer of a entitied to recover as compensatory damages vehicle descnbed in Paragraph b. 1 the from the owner or driver of an uninsured motor dem of uninsured motor vehicle and vehicle. The damages must result from bodily we injury sustained by the insured caused by an 1 Have been given prompt written notice accident. The owner s or driver s liability for of such tentative settlement and these damages must result from the WeSPv maec or use of the amount equal to the tentative settlement uninsured motor vehicle. within 30 days after receipt of 2. With respect to damages resulting from an notification. accident with a vehicle described in B. Who Is An Insured Paragraph b. of the definition of uninsured 2 Advance payment to the insured in an motor vehicle we will pay under this coverage It the Named Insured is designated in the only if a. or b. below applies Declarations as a. The limits of any applicable liability bonds 1. Anindividual then the following are insureds or policies have been exhausted by a. The Named Insured and any family payment of judgments or settlements or members. CA 21500717 Insurance Services Office Inc. 2017 Insured Copy Page 1 0of 5 | 2 |
b. Anyone else while occupying or using a covered auto or a temporary substitute for a covered auto. The covered auto must be out of service because of its breakdown repair servicing loss or destruction. c. Anyone for damages he or she is entitled to recover because of bodily injury sustained by another insured. 2. A partnership limited liability company corporation or any other form of organization then the following are insureds a. Anyone occupying or using a covered auto or a temporary substitute for a covered auto. The covered auto must be out of service because of its breakdown repair servicing loss or destruction. b. Anyone for damages he or she is entitled to recover because of bodily injury sustained by another insured. C. Exclusions This insurance does not apply to any of the following 1. Any claim settled without our consent. However this exclusion does not apply to a settlement made with the insurer of a vehicle described in Paragraph b. of the definition of uninsured motor vehicle in accordance with the procedure described in Paragraph A.2.b. 2. The direct or indirect benefit of any insurer or self insurer under any workers compensation disability benefits or similar law. 3. Anyone using a vehicle without a reasonable belief that the person is entitled to do so. 4. Punitive or exemplary damages. 5. Bodily injury arising directly or indirectly out of a. War including undeclared or civil war b. 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 c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. D. Limit Of Insurance 1. Regardless of the number of covered autos insureds premiums paid claims made or vehicles involved in the accident the most we will pay for all damages resulting from any one accident is the least of the following a. The Limit Of Insurance for Uninsured Motorists Coverage shown in the Declarations or b. The amount of damages sustained but not recovered. 2. No one will be entitled to receive duplicate payments for the same elements of loss under this Coverage Form and any Liability Coverage form attached to this Coverage Part. We will not pay for any element of loss if a person is entitled to receive payment for the same element of loss under any workers compensation disability benefits or similar law. E. Changes In Conditions The Conditions are changed for Colorado Uninsured Motorists Coverage Bodily Injury as follows 1. Other Insurance in the Auto Dealers and Business Auto Coverage Forms and Other Insurance Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form are revised as follows a. The last paragraph is replaced by the following When this Coverage Form and any other Coverage Form or policy covers on the same basis either excess or primary the loss will be paid in accordance with the following method 1 All applicable policies will pay on an equal basis until the Policy with the lowest limit of insurance is exhausted. 2 If any loss remains and there a Are two or more remaining policies whose applicable limits of insurance have not been exhausted then such policies will continue to pay in accordance with Paragraph 1 or b Is one remaining policy then such policy will continue to pay until its limits of insurance have been exhausted. Page 2 of 5 Insurance Services Office Inc. 2017 Insured Copy CA 21500717 | 2 |
b. The following provisions are added 1 The reference to other collectible insurance applies only to other collectible uninsured motorists insurance. 2 If there is other applicable insurance available under one or more policies or provisions of coverage any insurance we provide with respect to a vehicle owned by the Named Insured or if the Named Insured is an individual any family member that is not a covered auto for Uninsured Motorists Coverage under this Coverage Form shall be excess over any other collectible uninsured motorists insurance providing coverage on a primary basis. 2. Duties In The Event Of Accident Claim Suit Or Loss in the Business Auto and Motor Carrier Coverage Forms and Duties In The Event Of Accident Claim Offense Suit Loss Or Acts Errors Or Omissions in the Auto Dealers Coverage Form are changed by adding the following b. Promptly notify the police if a hit and run driver is involved and Promptly send us copies of the legal papers if a suit is brought.. A person seeking coverage from an insurer owner or operator of a vehicle described in Paragraph b. of the definition of uninsured motor vehicle must also promptly notify us in writing of a tentative settlement between the insured and the insurer and allow us to advance payment to that insured in an amount equal to the tentative settlement within 30 days after receipt of notification to preserve our rights against the insurer owner or operator of such vehicle. d. The following replaces the lead in paragraph in the Duties In The Event Of Accident Claim Suit Or Loss Condition in the Business Auto and Motor Carrier Coverage Forms and Duties In The Event Of Accident Claim Offense Suit Loss Or Acts Errors Or Omissions in the Auto Dealers Coverage Form with respect to an owner or operator of a vehicle described in Paragraph b. of the definition of uninsured motor vehicle We have no duty to provide coverage under this Policy if the failure to comply with the following duties is prejudicial to us 3. The Legal Action Against Us Provision is replaced by the following Legal Action Against Us a. No one may bring a legal action against us under this Coverage Form until there has been full compliance with all the terms of this Coverage Form. b. In accordance with COLO. REV. STAT. 13 80 107.5 an action or arbitration of an uninsured motorist insurance claim or an underinsured motorist insurance claim shall be commenced or demanded by arbitration demand within three years after the cause of action accrues except 1 If the underlying bodily injury liability claim against the uninsured motorist is preserved by commencing an action against the uninsured motorist within the two year time limit specified in COLO. REV. STAT. 13 80 1021d for a wrongful death action or the three year time limit specified in COLO. REV. STAT. 13 80 1011n for all other tort actions to which this insurance applies then an action or arbitration of an uninsured motorist claim shall be timely if such action is commenced or such arbitration is demanded within two years after the insured knows that the particular tortfeasor is not covered by any applicable insurance or CA 21500717 Insurance Services Office Inc. 2017 Insured Copy Page 3 of 5 | 2 |
2 If the underlying bodily injury liability claim against the underinsured motorist is preserved by commencing an action against the underinsured motorist or by payment of either the liability claim settlement or judgment within the two year time limit specified in COLO. REV. STAT. 13 80 1021d for a wrongful death action or the three year time limit specified in COLO. REV. STAT. 13 80 1011n for all other tort actions to which this insurance applies then an action or arbitration of an underinsured motorist claim shall be timely if such action is commenced or such arbitration is demanded within two years after the insured received payment of the settlement or judgment on the underlying bodily injury liability claim. c. For purposes of Paragraph 3.b. above a cause of action accrues after both the existence of the death injury or damage giving rise to the claim and the cause of the death injury or damage are known to the insured or should have been known by the exercise of reasonable diligence.. Transfer Of Rights Of Recovery Against Others To Us is changed by adding the following If we make any payment and the insured recovers from another party the insured shall hold the proceeds in trust for us and pay us back the amount we have paid. We shall be entitled to recovery only after the insured has been fully compensated for damages. However any recovery made by us shall be reduced by our proportionate share of attorneys fees and expenses incurred in bringing the claim. Our rights do not apply under this provision with respect to damages caused by an accident with a vehicle described in Paragraph b. of the definition of uninsured motor vehicle if we a. Have been given prompt written notice of a tentative settiement between an insured and the insurer of a vehicle described in Paragraph b. of the definition of uninsured motor vehicle and b. Fail to advance payment to the insured in an amount equal to the tentative settlement within 30 days after receipt of notification. If we advance payment to the insured in an amount equal to the tentative settlement within 30 days after receipt of notification a. That payment will be separate from any amount the insured is entitied to recover under the provisions of Uninsured Motorists Coverage and b. We also have a right to recover the advanced payment.. The Two Or More Coverage Forms Or Policies Issued By Us Condition is changed by adding the following a. This provision does not apply to Uninsured Motorists Coverage. b. No one will be entitled to receive duplicate payments for the same elements of loss under Uninsured Motorists Coverage.. The following condition is added Arbitration a. If we and an insured disagree whether the insured is legally entitled to recover damages from the owner or driver of an uninsured motor vehicle or do not agree as to the amount of damages that are recoverable by that insured then the matter may be arbitrated. However disputes concerning coverage under this endorsement may not be arbitrated. Both parties must agree to arbitration. If so agreed each party will select an arbitrator. The two arbitrators will select a third. If they can not agree within 30 days either may request that selection be made by a judge of a court having jurisdiction. Each party will pay the expenses it incurs and bear the expenses of the third arbitrator equally. b. Unless both parties agree otherwise arbitration will take place in the county in which the insured lives. Local rules of law as to arbitration procedure and evidence will apply. A decision agreed to by two of the arbitrators will be binding. F. Additional Definitions As used in this endorsement 1. 2. Action means a lawsuit commenced in a court of competent jurisdiction. Arbitration demand means a written demand for arbitration delivered to us that reasonably identifies the person making the claim the identity of the uninsured or underinsured motorists if known and the fact that arbitration is being demanded. Page 4 of 5 Insurance Services Office Inc. 2017 Insured Copy CA 21500717 | 2 |
. Family member means a person related to an individual Named Insured by blood marriage or adoption who is a resident of such Named Insured s household including a ward or foster child.. Occupying means in upon getting in on out or off.. Uninsured motor vehicle means a land motor vehicle or trailer a. For which no liability bond or policy at the time of an accident provides at least the amounts required by the applicable law where a covered auto is principally garaged b. That is an underinsured motor vehicle. An underinsured motor vehicle means a land motor vehicle or trailer for which the sum of all liability bonds or policies at the time of an accident provides a limit that is less than the amount an insured is legally entitled to recover as damages caused by the accident c. For which an insuring or bonding company denies coverage or is or becomes insolvent d. Thatis a hit and run vehicle and neither the driver nor owner can be identified. The vehicle must hit an insured a covered auto or a vehicle an insured is occupying or e. Whose owner or operator can not be located after a reasonable attempt for service of process and either 1 Service of process on the insurer as authorized by COLO. REV. STAT. 42 7 414 is determined by a court to be insufficient or ineffective after reasonable effort has failed or 2 The report of a law enforcement agency investigating the accident fails to disclose the insurer covering the vehicle and the insurance coverage of such owner or operator when the accident occurred is not actually known by the person attempting to serve process. However uninsured motor vehicle does not include any vehicle a. Owned or operated by a self insurer under any applicable motor vehicle law except a self insurer who is or becomes insolvent and can not provide the amounts required by that motor vehicle law or b. Designated for use mainly off public roads while not on public roads. CA 21500717 Insurance Services Office Inc. 2017 Insured Copy Page 5 of 5 | 2 |
COMMERCIAL AUTO CA 21531013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ILLINOIS UNINSURED MOTORISTS COVERAGE PROPERTY DAMAGE For a covered auto licensed or principally garaged in or auto dealer operations conducted in lllinois this endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. A. Coverage 6. Property damage arising directly or indirectly 1. We will pay all sums the insured is legally entitled to recover as damages from the owner or driver of an uninsured motor vehicle. The damages must result from property damage caused by an accident arising out of actual physical contact with your covered auto. The owner s or driver s liability for these damages must result from the ownership maintenance or use of an uninsured motor vehicle. 2. Any judgment for damages arising out of a suit brought without our written consent is not binding on us.. Exclusions This insurance does not apply to any of the following 1. Any claim settled without our consent. 2. Anyone using a vehicle without a reasonable belief that the person is entitled to do so. 3. The first 250 of the amount of property damage to a covered auto as a result of any one accident. 4. Any motor vehicle owned by you for which you have purchased collision coverage under this policy or any other policy. 5. If the owner or operator of the uninsured motor vehicle can not be identified. out of a. War including undeclared or civil war b. 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 c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. C. Limit Of Insurance 1. Regardless of the number of covered autos premiums paid claims made or vehicles involved in the accident the most we will pay for all damages resulting from any one accident will be the lesser of 15000 or the actual cash value of your damaged auto at the time of the accident. 2. Any amount payable under this coverage shall be reduced by all sums paid by or for anyone who is legally responsible. 6. Property damage arising directly or indirectly out of a. War including undeclared or civil war b. 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 c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. C. Limit Of Insurance 1. Regardless of the number of covered autos premiums paid claims made or vehicles involved in the accident the most we will pay for all damages resulting from any one accident will be the lesser of 15000 or the actual cash value of your damaged auto at the time of the accident. 2. Any amount payable under this coverage shall be reduced by all sums paid by or for anyone who is legally responsible. CA 21531013 Insurance Services Office Inc. 2012 Insured Copy Page 10f 3 | 2 |
D. Changes In Conditions The Conditions are changed for Uninsured Motorists Coverage Property Damage lllinois as follows 1. Other Insurance in the Auto Dealers and Business Auto Coverage Forms and Other Insurance Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form are replaced by the following If there is other applicable insurance available under one or more policies or provisions of coverage a. The maximum recovery under all coverage forms or policies combined may equal but not exceed the highest applicable limit for any one vehicle under any Coverage Form or policy providing coverage on either a primary or excess basis. b. Any insurance we provide with respect to a vehicle you do not own shall be excess over any other collectible property damage uninsured motorists insurance providing coverage on a primary basis. c. If the coverage under this Coverage Form is provided 1 On a primary basis we will pay only our share of the loss that must be paid under insurance providing coverage on a primary basis. Our share is the proportion that our limit of liability bears to the total of all applicable limits of liability for coverage on a primary basis. 2 On an excess basis we will pay only our share of the loss that must be paid under insurance providing coverage on an excess basis. Our share is the proportion that our limit of liability bears to the total of all applicable limits of liability for coverage on an excess basis. 2. Duties In The Event Of Accident Claim Suit Or Loss in the Business Auto and Motor Carrier Coverage Forms and Duties In The Event Of Accident Claim Offense Suit Loss Or Acts Errors Or Omissions in the Auto Dealers Coverage Form are changed by adding the following a. Promptly send us copies of the legal papers if a suit is brought. b. Provide us with the name and address of the owner of the uninsured motor vehicle or a registration number and description of such vehicle or any other available information to establish that there is no applicable motor vehicle property damage liability coverage. 3. Legal Action Against Us is replaced by the following Legal Action Against Us a. No one may bring a legal action against us under this Coverage Form until there has been full compliance with all the terms of this Coverage Form. b. Any legal action against us must be brought within two years after the date of the accident. However this Paragraph 3.b. does not apply to an insured if within two years after the date of the accident arbitration proceedings have commenced in accordance with the provisions of this Coverage Form. 4. Transfer Of Rights Of Recovery Against Others To Us does not apply. 5. The following conditions are added Reimbursement And Trust If we make any payment and the insured recovers from another party the insured shall hold the proceeds in trust for us and pay us back the amount we have paid. Arbitration a. If we and an insured disagree whether the insured is legally entitled to recover damages under this endorsement or do not agree as to the amount of damages that are recoverable by that insured then the matter may be arbitrated. The insured may make a written demand for arbitration. In this event each party will select an arbitrator. The two arbitrators will select a third. If such arbitrators are not selected within 45 days either party may request that the arbitration be submitted to the American Arbitration Association. Each party will pay the expenses it incurs and bear the expenses of the third arbitrator equally. b. Unless both parties agree otherwise arbitration will take place in the county in which the insured lives. Local rules of law as to arbitration procedure and evidence will apply. A decision agreed to by two of the arbitrators will be binding. Page 2 0f 3 Insurance Services Office Inc. 2012 Insured Copy CA 21531013 | 2 |
E. Additional Definitions As used in this endorsement 1. Property damage means injury to or destruction of a covered auto. However property damage does not include loss of use or damage to personal property contained in your covered auto. This definition replaces the definition in the policy. 2. Uninsured motor vehicle means a land motor vehicle or trailer a. For which no liability bond or policy providing coverage for property damage applies at the time of the accident b. For which no liability bond or policy at the time of an accident provides at least the amount required for property damage liability covered by the lllinois Financial Responsibility Law or c. For which an insuring or bonding company denies coverage or is or becomes insolvent. However uninsured motor vehicle does not include any vehicle a. Owned or operated by a self insurer under any applicable motor vehicle law except a self insurer who is or becomes insolvent and can not provide the amounts required by that motor vehicle law b. Owned by a governmental unit or agency or c. Designed for use mainly off public roads while not on public roads. CA 21531013 Insurance Services Office Inc. 2012 Insured Copy Page 30f 3 | 2 |
POLICY NUMBER CPP850079A POLICY NUMBER CPP850079A COMMERCIAL AUTO CA 21621120 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UTAH UNINSURED MOTORISTS COVERAGE For a covered auto licensed or principally garaged in or auto dealer operations conducted in Utah this endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the Policy effective on the inception date of the Policy unless another date is indicated below. Named Insured THE SCOULAR COMPANY SCOULAR PROPERTIES INC THE Endorsement Effective Date 05312021 SCHEDULE Limit Of Insurance 1000000 Each Accident Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Coverage b. Anyone else occupying a covered auto 1. We will pay all sums the insured is legally or a temporaty 5159 fc alcoverdeld entitled to recover as compensatory damages auto except the Named Insured s from the owner or driver of an uninsured motor vehicle. The damages must result from bodily injury sustained by the insured caused by an accident. The owner s or driver s liability for these damages must result from the ownership maintenance or use of the uninsured motor vehicle. 2. We will pay only after all liability bonds or policies have been exhausted by payment of judgments or settlements or 3. Any judgment for damages arising out of a suit brought without our written consent is not binding on us. B. Who Is An Insured If the Named Insured is designated in the Declarations as 1. Anindividual then the following are insureds a. The Named Insured and any family members. customers if that Named Insured s business is shown in the Declarations as a rental company. However if the customer of a rental company has no policy of motor vehicle insurance they are insured but only up to 1 80000 for each accident which is the minimum combined single limit of liability or 2 2500065000 for each accident which is the minimum split limits of liability specified by UTAH CODE ANN. Section 31A22 304. This supersedes any provision to the contrary. If the auto is a temporary substitute the covered auto must be out of service because of its breakdown repair servicing loss or destruction. CA 21621120 Insurance Services Office Inc. 2020 Insured Copy Page 1 0of 5 | 2 |
2. Rental company means any person or organization in the business of providing private passenger motor vehicles to the public under the terms of a rental agreement. c. Anyone for damages he or she is entitled to recover because of bodily injury sustained by another insured. A partnership limited liability company corporation or any other form of organization then the following are insureds a. Anyone occupying a covered auto or a temporary substitute for a covered auto except the Named Insured s customers if that Named Insured s business is shown in the Declarations as a rental company. However if the customer of a rental company has no policy of motor vehicle insurance they are insured but only up to 1 80000 for each accident which is the minimum combined single limit of liability or 2 2500065000 for each accident which is the minimum split limits of liability specified by UTAH CODE ANN. Section 31A22 304. This supersedes any provision to the contrary. If the auto is a temporary substitute the covered auto must be out of service because of its breakdown repair servicing loss or destruction. Rental company means any person or organization in the business of providing private passenger motor vehicles to the public under the terms of a rental agreement. b. Anyone for damages he or she is entitled to recover because of bodily injury sustained by another insured. C. Exclusions This insurance does not apply to any of the following 1. 2. Any claim settled without our consent. The direct or indirect benefit of any insurer or self insurer under any workers compensation disability benefits or similar law.. Bodily injury sustained by a. An individual Named Insured while occupying or when struck by any vehicle owned by that Named Insured that is not a covered auto for Uninsured Motorists Coverage under this Coverage Form b. Any family member while occupying or when struck by any vehicle owned by that family member that is not a covered auto for Uninsured Motorists Coverage under this Coverage Form or c. Any family member while occupying or when struck by any vehicle owned by the Named Insured that is insured for Uninsured Motorists Coverage on a primary basis under any other Coverage Form or policy. 4. Anyone a. Using a vehicle without a reasonable belief that the person is entitled to do so b. Who as a passenger in a vehicle has knowledge that the vehicle is being operated in violation of Utah Code Section 41 1a1314 or c. While committing a felony. However Exclusion C.4. does not apply to the following a. An insured under 18 years of age but coverage is limited to medical and funeral expenses. b. An insured who is a law enforcement officer as defined in Utah Code Section 53 13 103 who is injured within the course and scope of the law enforcement officer s duties. 5. Punitive or exemplary damages. 6. Bodily injury arising directly or indirectly out of a. War including undeclared or civil war b. 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 c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. D. Limit Of Insurance 1. Regardless of the number of covered autos insureds premiums paid claims made or vehicles involved in the accident the most we will pay for all damages resulting from any one accident is the Limit Of Insurance for Uninsured Motorists Coverage shown in the Schedule or Declarations. Page 2 of 5 Insurance Services Office Inc. 2020 Insured Copy CA 21621120 | 2 |
2. No one will be entitled to receive duplicate payments for the same elements of loss under this Coverage Form and any Liability Coverage form Medical Payments Coverage endorsement or Underinsured Motorists Coverage endorsement attached to this Coverage Part. We will not make a duplicate payment under this coverage for any element of loss for which payment has been made by or for anyone who is legally responsible except for any portion of such payment that a person is not entitled to receive pursuant to UTAH CODE ANN. Section 34A2 1065. We will not pay for any element of loss if a person is entitled to receive payment for the same element of loss under any workers compensation disability benefits or similar law. E. Changes In Conditions The Conditions are changed for Uninsured Motorists Coverage as follows 1. Other Insurance in the Auto Dealers and Business Auto Coverage Forms and Other Insurance Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form are replaced by the following If there is other applicable insurance available under one or more policies or provisions of coverage a. The maximum recovery under all Coverage Forms or policies combined may equal but not exceed the highest applicable limit for any one vehicle under any Coverage Form or policy providing coverage on either a primary or excess basis. However the maximum recovery for damages sustained by an individual Named Insured or any family member 1 While occupying an auto such Named Insured does not own not lease or that is not furnished under all Coverage Forms or policies combined may equal but not exceed the sum of a The limit of liability for Uninsured Motorists Coverage applicable to the auto such Named Insured or any family member was occupying at the time of the accident and b The highest applicable limit of liability for Uninsured Motorists Coverage under any Coverage Form or policy that provides coverage for such Named Insured or any family member. 2 While not occupying an auto under all Coverage Forms or policies combined may equal but not exceed the sum of the highest applicable limit of liability for Uninsured Motorists Coverage under any two Coverage Forms or policies that provide coverage for such Named Insured or any family member. b. Any insurance we provide with respect to a vehicle the Named Insured does not own shall be excess over any other collectible uninsured motorists insurance providing coverage on a primary basis. c. If the coverage under this Coverage Form is provided 1 On a primary basis we will pay only our share of the loss that must be paid under insurance providing coverage on a primary basis. Our share is the proportion that our limit of liability bears to the total of all applicable limits of liability for coverage on a primary basis. 2 On an excess basis we will pay only our share of the loss that must be paid under insurance providing coverage on an excess basis. Our share is the proportion that our limit of liability bears to the total of all applicable limits of liability for coverage on an excess basis. 2. Duties In The Event Of Accident Claim Suit Or Loss in the Business Auto and Motor Carrier Coverage Forms and Duties In The Event Of Accident Claim Offense Suit Loss Or Acts Errors Or Omissions in the Auto Dealers Coverage Form are changed by adding the following a. Promptly notify the police if a hit and run driver is involved and b. Promptly send us copies of the legal papers if a suit is brought. 3. Transfer Of Rights Of Recovery Against Others To Us is changed by adding the following a. We shall be entitled to a recovery only after the insured has been fully compensated for damages. b. If we make any payment and the insured recovers from another party the insured shall hold the proceeds in trust for us and pay us back the amount we have paid. CA 21621120 Insurance Services Office Inc. 2020 Insured Copy Page 3 of 5 | 2 |
4. Arbitration a. If we and an insured disagree whether the insured is legally entited to recover damages from the owner or driver of an uninsured motor vehicle or do not agree as to the amount of damages that are recoverable by that insured then the matter may be arbitrated. However disputes concerning coverage under this endorsement may not be arbitrated. Either party may make a written demand for arbitration. In this event unless otherwise agreed to in writing we and the insured shall agree on the selection of a single arbitrator. If we and the insured are unable to agree on the selection of a single arbitrator each party will select an arbitrator. The two arbitrators will select a third. If the two arbitrators are unable to agree on the selection of the third arbitrator within 30 days either may request that selection be made by a judge of a court having jurisdiction. Each party will bear the expenses for a single arbitrator equally or pay the expenses for the arbitrator each party selects and bear the expenses of the third arbitrator equally. b. If an insured submits a claim for Uninsured Motorists Coverage to arbitration that insured shall provide to us within 30 days 1 A written demand for payment setting forth the specific monetary amount of the demand including a computation of that insured s claimed past medical expenses claimed past lost wages and other claimed past economic damages required by UTAH CODE ANN. Section 31A22 305 and Any written statements under oath documents and signed authorizations required by UTAH CODE ANN. Section 31A22 305. c. Subject to our receipt of items b.1 and b.2 described above we shall within 60 days 1 Provide a written response to the insured s written demand for payment and 2 Tender the amount if any that we determine as owed to that insured less any state or federal statutory liens as provided by UTAH CODE ANN. Section 31A22 305. 2 If the amount tendered by us is the Limit of Insurance for Uninsured Motorists Coverage such amount shall be accepted by that insured. If the amount tendered by us is less than the Limit of Insurance for Uninsured Motorists Coverage the insured may accept the amount tendered as full payment of such insured s claim or accept the amount tendered as partial payment and continue to arbitrate the remaining claim. d. If the final award obtained through arbitration is greater than the average of the insured s initial written demand for payment and our initial written response then we shall pay 1 The final award obtained through arbitration less any amount accepted as partial payment. If the award exceeds the Limit of Insurance for Uninsured Motorists Coverage by more than 15000 we shall pay 15000 in addition to the Limit of Insurance for Uninsured Motorists Coverage 2 Any costs as set forth in the Utah Rules of Civil Procedure 3 Arbitration fees and 4 Reasonable costs for witnesses and depositions. If the insured does not disclose all material information required by UTAH CODE ANN. Section 31A22 305 within 30 days after submitting a claim for Uninsured Motorists Coverage to arbitration the insured may not recover costs or amounts in excess of the Limit of Insurance. The insured shall provide an affidavit of costs within five days of an arbitration award. If we object to such costs the costs shall be arbitrated and such award may not exceed 5000. e. The written demand requirement in item b.1 described above does not affect the insured s requirement to provide a computation of any other economic damages claimed and we may within a reasonable time after receipt of such computation conduct fact and expert discovery as to any additional damages claimed. Page 4 of 5 Insurance Services Office Inc. 2020 Insured Copy CA 21621120 | 2 |
f. Unless both parties agree otherwise arbitration will take place in the county in which the insured lives. Local rules of law as to arbitration procedure and evidence will apply. A written decision agreed to by the single arbitrator or agreed to by two of the arbitrators will be binding unless either party demands a trial. This demand must be made within 20 days of service of the arbitration award. If this demand is not made the amount of damages agreed to by the arbitrators will be binding. However this Condition does not apply if a small claims court having jurisdiction resolves the matter or matters upon which we and an insured do not agree. F. Additional Definitions As used in this endorsement 1. Family member means a. A person related to an individual Named Insured by blood marriage adoption or guardianship who is a resident of such Named Insured s household whether or not temporarily residing elsewhere and b. An individual Named Insured s dependent minor children. 2. Occupying means in upon using getting in on out or off. 3. Uninsured motor vehicle means a land motor vehicle or trailer a. For which no liability bond or policy at the time of an accident provides at least 80000 for each accident which is the minimum combined single limit of liability or 2500065000 for each accident which is the minimum split limits of liability specified by UTAH CODE ANN. Section 31A22 304. b. For which an insuring or bonding company 1 Denies coverage 2 Is or becomes insolvent or 3 Fails to confirm coverage within 60 days from the date such company receives notification of a claim by or on behalf of the insured. c. For which neither the operator nor owner can be identified and that hits or that causes an accident resulting in bodily injury without hitting 1 An individual Named Insured or any family member 2 A vehicle that such Named Insured or any family member is occupying or 3 The Named Insured s covered auto. If there is no physical contact with such vehicle or trailer the facts of the accident must be proved. We will only accept clear and convincing evidence which must consist of more than the insured s testimony. However uninsured motor vehicle does not include any vehicle a. Owned or operated by a self insurer under any applicable motor vehicle law other than Utah motor vehicle law except a self insurer who is or becomes insolvent and can not provide the amounts required by that motor vehicle law b. Owned or operated by a self insurer under Utah motor vehicle law except a self insurer who is or becomes insolvent and can not provide the applicable minimum limit for bodily injury liability specified by UTAH CODE ANN. Section 31A22 304. The applicable minimum limit is 1 80000 for each accident if the limit of liability is a single limit that applies for each accident or 2 25000 for each person65000 for each accident if the limit of liability is indicated as a split limit c. Owned by a governmental unit or agency d. Designed for use mainly off public roads while not on public roads or e. For which a bodily injury liability bond or policy applies at the time of the accident but the amount paid for bodily injury under that bond or policy to an insured is not enough to pay the full amount the insured is legally entitled to recover as damages caused by the accident. CA 21621120 Insurance Services Office Inc. 2020 Insured Copy Page 5 of 5 | 2 |
POLICY NUMBER CPP850079A POLICY NUMBER CPP850079A COMMERCIAL AUTO CA 21701013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEBRASKA UNINSURED AND UNDERINSURED MOTORISTS COVERAGE For a covered auto licensed or principally garaged in or auto dealer operations conducted in Nebraska this endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured Endorsement Effective Date SCHEDULE Limit Of Insurance 1000000 Each Accident Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Coverage 1. We will pay all sums the insured is legally 1 Have been given prompt written notice of such tentative settlement and entitled to recover as compensatory damages from the owner or driver of an uninsured motor vehicle or underinsured motor vehicle. The damages must result from bodily injury sustained by the insured caused by an accident. The owner s or driver s liability for these damages must result from the ownership maintenance or use of the uninsured motor vehicle or underinsured motor vehicle. 2. With respect to damages resulting from an accident with an underinsured motor vehicle we will pay under this coverage only if Paragraph a. or b. below applies a. The limits of any applicable liability bonds or policies have been exhausted by payment of judgments or settlements or b. A tentative settlement has been made between an insured and the insurer of the underinsured motor vehicle and we 2 Advance payment to the insured in an amount equal to the tentative settlement within 30 days after receipt of notification. 3. Any judgment for damages arising out of a suit brought against the owner or operator of an uninsured motor vehicle or underinsured motor vehicle without our written consent is not binding on us unless we a. Receive reasonable notice of the pendency of the suit resulting in the judgment and b. Have had a reasonable opportunity to protect our interest in the suit. B. Who Is An Insured If the Named Insured is designated in the Declarations as 1. Anindividual then the following are insureds a. The Named Insured and any family members. tive Nata CA21701013 Insurance Services Office Inc. 2012 Insured Copy Page 10f 4 | 2 |
b. Anyone else occupying or using a covered auto or a temporary substitute for a covered auto. The covered auto must be out of service because of its breakdown repair servicing loss or destruction. c. Anyone for damages he or she is entitled to recover because of bodily injury sustained by another insured. 2. A partnership limited liability company corporation or any other form of organization then the following are insureds a. Anyone occupying or using a covered auto or a temporary substitute for a covered auto. The covered auto must be out of service because of its breakdown repair servicing loss or destruction. b. Anyone for damages he or she is entitled to recover because of bodily injury sustained by another insured. C. Exclusions This insurance does not apply to any of the following 1. Any claim settled without our consent. However this exclusion does not apply a. If such settlement does not adversely affect our rights or b. To a settlement made with the insurer of an underinsured motor vehicle in accordance with the procedure described in Paragraph A.2.b. 2. The direct or indirect benefit of any insurer or self insurer under any workers compensation disability benefits or similar law. 3. Bodily injury sustained by a. An individual Named Insured while occupying or when struck by any vehicle owned by that Named Insured that is not a covered auto for Underinsured Motorists Coverage under this Coverage Form b. Any family member while occupying or when struck by any vehicle owned by that family member that is not a covered auto for Underinsured Motorists Coverage under this Coverage Form or c. Any family member while occupying or when struck by any vehicle owned by the Named Insured that is insured for Underinsured Motorists Coverage on a primary basis under any other Coverage Form or policy. 4. Punitive or exemplary damages. 5. Bodily injury arising directly or indirectly out of a. War including undeclared or civil war b. 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 c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. D. Limit Of Insurance 1. Regardless of the number of covered autos insureds premiums paid claims made or vehicles involved in the accident the most we will pay for all damages resulting from any one accident is the Limit Of Liability shown in the Schedule or Declarations. The coverage limit for Uninsured and Underinsured Motorists Coverage applies separately to damages caused by an accident with an uninsured motor vehicle and an underinsured motor vehicle. 2. No one will be entitled to receive duplicate payments for the same elements of loss under this Coverage Form and any Liability Coverage form or Uninsured or Underinsured Motorists Coverage endorsement attached to this Coverage Part. We will not make a duplicate payment under this Coverage for any element of loss for which payment has been made by or for anyone who is legally responsible. We will not pay for any element of loss if a person is entitled to receive payment for the same element of loss under any workers compensation disability benefits or similar law. E. Changes In Conditions The Conditions are changed for Underinsured Motorists Coverage as follows 1. With respect to damages caused by an uninsured motor vehicle the reference in Other Insurance in the Auto Dealers and Business Auto Coverage Forms and Other Insurance Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form to other collectible insurance applies only to other collectible uninsured motorists insurance. Page 2 of 4 Insurance Services Office Inc. 2012 Insured Copy CA21701013 | 2 |
3. Duties In The Event Of Accident Claim Suit Or Loss in the Business Auto and Motor Carrier Coverage Forms and Duties In The Event Of Accident Claim Offense Suit Loss Or Acts Errors Or Omissions in the Auto Dealers Coverage Form are changed by adding the following a. Promptly notify the police if a hit and run driver is involved and b. Promptly send us copies of the legal papers if a suit is brought. With respect to an underinsured motor vehicle Duties In The Event Of Accident Claim Suit Or Loss in the Business Auto and Motor Carrier Coverage Forms and Duties In The Event Of Accident Claim Offense Suit Loss Or Acts Errors Or Omissions in the Auto Dealers Coverage Form are also changed by adding the following a. Promptly notify us in writing of a tentative settlement between the insured and the insurer of an underinsured motor vehicle. b. Allow us to advance payment to that insured in an amount equal to the tentative settlement within 30 days after receipt of notification to preserve our rights against the insurer owner or operator of such underinsured motor vehicle. 4. Transfer Of Rights Of Recovery Against Others To Us is changed by adding the following a. If we make any payment and the insured recovers from another party the insured shall hold the proceeds in trust for us and pay us back that amount we have paid. b. For an underinsured motor vehicle the Transfer Of Rights Of Recovery Against Others To Us Condition does not apply if we 1 Have been given prompt written notice of a tentative settiement between an insured and the insurer of an underinsured motor vehicle and Fail to advance payment to the insured in an amount equal to the tentative settlement within 30 days after receipt of written notification. 2 2. With respect to damages caused by an underinsured motor vehicle Other Insurance in the Auto Dealers and Business Auto Coverage Forms and Other Insurance Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form are replaced by the following If there is other applicable insurance available under one or more policies or provisions of coverage The maximum recovery under all Coverage Forms or policies combined may equal but not exceed the highest applicable limit for any one vehicle under any Coverage Form or policy providing coverage on either a primary or excess basis.. Any insurance we provide with respect to a vehicle the Named Insured does not own shall be excess over any other collectible underinsured motorists insurance providing coverage on a primary basis.. If the coverage under this Coverage Form is provided 1 On a primary basis we will pay only our share of the loss that must be paid under insurance providing coverage on a primary basis. Our share is the proportion that our limit of liability bears to the total of all applicable limits of liability for coverage on a primary basis. 2 On an excess basis we will pay only our share of the loss that must be paid under insurance providing coverage on an excess basis. Our share is the proportion that our limit of liability bears to the total of all applicable limits of liability for coverage on an excess basis. The following priorities of recovery apply First The Underinsured Motorists Coverage applicable to the Vehicle the insured was occupying at the time of the accident. Second The Underinsured Motorists Coverage applicable to an auto not involved in the accident under which the injured person is an insured. CA21701013 Insurance Services Office Inc. 2012 Insured Copy Page 3 of 4 | 2 |
If we advance payment to the insured in an amount equal to the tentative settlement within 30 days after receipt of notification 1 That payment will be separate from any amount the insured is entited to recover under the provisions of Underinsured Motorists Coverage and 2 We also have a right to recover the advance payment. 5. The following condition is added Reimbursement And Trust If we make any payment and the insured recovers from another party the insured shall hold the proceeds in trust for us and pay us back the amount we have paid. 6. The following condition is added Arbitration a. If we and an insured disagree whether the insured is legally entitled to recover damages from the owner or driver of an underinsured motor vehicle or do not agree as to the amount of damages that are recoverable by that insured then the matter may be arbitrated. However disputes concerning coverage under this endorsement may not be arbitrated. Both parties must agree to arbitration. If both parties so agree each party will select an arbitrator. The two arbitrators will select a third. If they can not agree within 30 days either may request that selection be made by a judge of a court having jurisdiction. Each party will pay the expenses it incurs and bear the expenses of the third arbitrator equally. b. Unless both parties agree otherwise arbitration will take place in the county in which the insured lives. Local rules of law as to arbitration procedures and evidence will apply. A decision agreed to by two of the arbitrators will be binding. F. Additional Definitions As used in this endorsement 1. Family member means a person related to an individual Named Insured by blood marriage or adoption who is a resident of such Named Insured household including a ward or foster child. 2. Occupying means in upon getting in on out or off. 3. Uninsured motor vehicle means a land motor vehicle or trailer a. For which no liability bond or policy applies at the time of the accident. b. For which an insuring or bonding company denies coverage or is or becomes insolvent or c. Thatis a hit and run vehicle and neither the driver nor owner can be identified. If there is no physical contact with the hit and run vehicle the facts of the accident must be corroborated by competent evidence provided by an independent and disinterested person other than the sured making the claim or any person occupying the covered auto. However uninsured motor vehicle does not include any vehicle a. Owned or operated by a self insurer under any applicable motor vehicle law except a self insurer who is or becomes insolvent and can not provide the amounts required by that motor vehicle law b. Owned by a governmental unit or agency or c. Designed for use mainly off public roads while not on public roads.. Underinsured motor vehicle means a land motor vehicle or trailer to which a bodily injury liability bond or policy applies at the time of an accident but its limit for bodily injury liability is either a. Not enough to pay the full amount the insured is legally entitled to recover as damages or b. Reduced by payments to persons other than an insured injured in the accident to less than the full amount the insured is legally entitled to recover as damages. However underinsured motor vehicle does not include any vehicle c. Owned by or furnished or available for the Named Insured s regular use or that of any family member if the Named Insured is an individual. d. Owned by a governmental unit or agency. e. Designed for use mainly off public roads while not on public roads. f. Owned or operated by a self insurer under any applicable motor vehicle law. g. While located for use as a residence or premises. h. Which is an uninsured motor vehicle. Page 4 of 4 Insurance Services Office Inc. 2012 Insured Copy CA21701013 | 2 |
POLICY NUMBER CPP850079A POLICY NUMBER CPP850079A COMMERCIAL AUTO CA 21831013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NORTH DAKOTA UNINSURED MOTORISTS COVERAGE For a covered auto licensed or principally garaged in or for auto dealer operations conducted in North Dakota this endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured Endorsement Effective Date SCHEDULE Limit Of Insurance 1000000 Each Accident Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Coverage B. Who Is An Insured 1. We will pay all sums the insured is legally If the Named Insured is designated in the entitled to recover as compensatory damages Declarations as from the owner or driver of an uninsured motor vehicle. The damages must result from bodily 1. Anindividual then the following are insureds injury sustained by the insured caused by an a. The Narped Insured and any family accident. The owner s or driver s liability for members. these damages must result from the b. Anyone else occupying a covered auto ownership maintenance or use of the or a temporary substitute for a covered uninsured motor vehicle. auto. The covered auto must be out of 2. No judgment for damages arising out of a suit service because of its breakdown repair brought against the owner or operator of an servicing loss or destruction. uninsured motor vehicle is binding on us c. Anyone for damages he or she is entitled to unless we recover because of bodily injury sustained a. Received reasonable notice of the by another insured. pendency of the suit resulting in the judgment and b. Had a reasonable opportunity to protect our interest in the suit. tive Nata CA 21831013 Insurance Services Office Inc. 2013 Insured Copy Page 10f 4 | 2 |
2. A partnership limited liability company corporation or any other form of organization then the following are insureds a. Anyone occupying a covered auto or a temporary substitute for a covered auto. The covered auto must be out of service because of its breakdown repair servicing loss or destruction. b. Anyone for damages he or she is entitled to recover because of bodily injury sustained by another insured. C. Exclusions This insurance does not apply to any of the following 1. Any claim settled or judgment reached without our written consent if the settlement or judgment prejudices our right to recover payment. 2. The direct or indirect benefit of any insurer or self insurer under any workers compensation disability benefits or similar law. odily injury sustained by an insured while occupying any vehicle owned by or furnished or available for the regular use of the Named Insured or if the Named Insured is an individual any family member that is not a covered auto. 4. Anyone using a vehicle without a reasonable belief that the person is entitled to do so. 5. Punitive or exemplary damages. 6. Bodily injury arising directly or indirectly out of a. War including undeclared or civil war b. 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 c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. D. Limit Of Insurance 1. Regardless of the number of covered autos insureds premiums paid claims made or vehicles involved in the accident the most we will pay for all damages resulting from any one accident is the Limit Of Insurance for Uninsured Motorists Coverage shown in the Schedule or Declarations. 2. No one will be entitled to receive duplicate payments for the same elements of loss under this Coverage Form and any valid and collectible motor vehicle medical payments underinsured motorists coverage endorsement personal injury protection or other similar motor vehicle coverages. We will not pay for any element of loss if a person is entitled to receive payment for the same element of loss under any workers compensation or similar law except nonoccupational disability benefits. E. Changes In Conditions The Conditions are changed for Uninsured Motorists Coverage as follows 1. Other Insurance in the Auto Dealers and Business Auto Coverage Forms and Other Insurance Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form are replaced by the following a. If this Coverage Form and any other Coverage Form or policy providing Uninsured Motorists Coverage apply to the same accident and 1 The motor vehicle the insured was occupying at the time of the accident was loaned rented or leased to the insured and a policy which applies to the motor vehicle was in force which provided Uninsured Motorists Coverage to someone engaged in the business of selling repairing servicing storing leasing renting or parking motor vehicles the following priorities of recovery apply The Uninsured Motorists Coverage applicable to a vehicle that is not involved in the accident that provides coverage to the injured person as a Named Insured Second The Uninsured Motorists Coverage Priority applicable to a vehicle that is not involved in the accident that provides coverage to the injured person as an insured other than a Named Insured Third The Uninsured Motorists Coverage Priority applicable to a vehicle the injured person was occupying at the time of the accident. Page 2 of 4 Insurance Services Office Inc. 2012 Insured Copy CA 21831013 | 2 |
2 The motor vehicle is not described in Paragraph E.1.a.1 above the following priorities of recovery apply First Priority The Uninsured Motorists Coverage applicable to a vehicle the injured person was occupying at the time of the accident Second Priority The Uninsured Motorists Coverage applicable to a vehicle that is not involved in the accident that provides coverage to the injured person as a Named Insured Third Priority The Uninsured Motorists Coverage applicable to a vehicle that is not involved in the accident that provides coverage to the injured person as an insured other than a Named Insured. b. The maximum recovery under all Coverage Forms or policies combined may equal but not exceed the highest applicable limit for any one vehicle under any Coverage Form or policy providing coverage on either a primary or excess basis. Our share is the proportion that our Limit of Insurance bears to the total of all applicable limits of insurance covering on the same level of priority. 2. Duties In The Event Of Accident Claim Suit Or Loss in the Business Auto and Motor Carrier Coverage Forms and Duties In The Event Of Accident Claim Offense Suit Loss Or Acts Errors Or Omissions in the Auto Dealers Coverage Form are changed by adding the following a. Promptly notify the proper law enforcement authorities of the accident and b. Promptly send us copies of the legal papers if a suit is brought. 3. Transfer Of Rights Of Recovery Against Others To Us is changed by adding the following a. If we make any payment and the insured recovers from another party the insured shall hold the proceeds in trust for us and pay us back the amount we have paid. b. If we make a payment because the insurer of the uninsured motor vehicle is or becomes insolvent the Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to any right of recovery against either the insured of the insolvent insurer or the North Dakota Guaranty Fund except in amounts that exceed the limit of liability of the Coverage Form or policy that was issued by that insolvent insurer. 4. The following condition is added Arbitration a. If we and an insured disagree whether the insured is legally entited to recover damages from the owner or driver of an uninsured motor vehicle or do not agree as to the amount of damages that are recoverable by that insured both parties may agree to arbitration and to be bound by the results of that arbitration. However disputes concerning coverage under this endorsement may not be arbitrated. If both parties agree to arbitrate each party will select an arbitrator. The two arbitrators will select a third. If they can not agree within 30 days either may request that selection be made by a judge of a court having jurisdiction. Each party will pay the expenses it incurs and bear the expenses of the third arbitrator equally. b. Unless both parties agree otherwise arbitration will take place in the county in which the insured lives. Local rules of law as to arbitration procedure and evidence will apply. A decision agreed to by two of the arbitrators will be binding. F. Additional Definitions As used in this endorsement 1. Family member means a person related to an individual Named Insured by blood marriage or adoption who is a resident of such Named Insured s household including a ward or foster child. 2. Occupying means in upon getting in on out or off. 3. Uninsured motor vehicle means a land motor vehicle or trailer a. For which no liability bond or policy applies at the time of an accident CA 21831013 Insurance Services Office Inc. 2012 Insured Copy Page 3 of 4 | 2 |
b. For which an insuring or bonding company denies coverage or is or becomes insolvent or c. Thatis a hit and run vehicle and neither the driver nor owner can be identified. The vehicle must either 1 Hit an insured a covered auto or a vehicle an insured is occupying or 2 Cause bodily injury to an insured without hitting an insured a covered auto or a vehicle an insured is occupying provided the facts of the accident can be corroborated by competent evidence other than the testimony of any person having a claim under this or any other similar insurance as the result of such accident. However uninsured motor vehicle does not include any vehicle a. Owned or operated by a self insurer under any applicable motor vehicle law except a self insurer who is or becomes insolvent and can not provide the amounts required by that motor vehicle law b. Owned by a governmental unit or agency c. While located for use as a residence or premises d. Operated by any person who is specifically excluded from coverage under this Coverage Form or e. That is a covered auto under this Coverage Form s Covered Autos Liability Coverage. Page 4 of 4 Insurance Services Office Inc. 2012 Insured Copy CA 21831013 | 2 |
POLICY NUMBER CPP850079A POLICY NUMBER CPP850079A COMMERCIAL AUTO CA 21861013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NORTH DAKOTA UNDERINSURED MOTORISTS COVERAGE For a covered auto licensed or principally garaged in or for auto dealer operations conducted in North Dakota this endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured Endorsement Effective Date SCHEDULE Limit Of Insurance 1000000 Each Accident Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Coverage 2 Advance payment to the insured in an 1. We will pay all sums the insured is legally amm equaldto the tetanve setglemen entitled to recover as compensatory damages wil 30 days after receipt of from the owner or driver of an underinsured notification. motor vehicle. The damages must result from bodily injury sustained by the insured caused by an accident. The owner s or driver s liability for these damages must result from the ownership maintenance or use of the underinsured motor vehicle. 2. We will pay under this coverage only if Paragraph a. or b. below applies a. The limits of any applicable liability bonds or policies have been exhausted by payment of judgments or settlements or b. A tentative settlement has been made between an insured and the insurer of the underinsured motor vehicle which would exhaust the limits of liability under any applicable bonds or policies and we 1 Have been given prompt written notice of such tentative settlement and 3. No judgment for damages arising out of a suit brought against the owner or operator of an underinsured motor vehicle is binding on us unless we a. Received reasonable notice of the pendency of the suit resulting in the judgment and b. Had a reasonable opportunity to protect our interests in the suit. B. Who Is An Insured If the Named Insured is designated in the Declarations as 1. Anindividual then the following are insureds a. The Named Insured and any family members. tive Nata CA 21861013 Insurance Services Office Inc. 2013 Insured Copy Page 10f 4 | 2 |
b. Anyone else occupying a covered auto or a temporary substitute for a covered auto. The covered auto must be out of service because of its breakdown repair servicing loss or destruction. c. Anyone for damages he or she is entitled to recover because of bodily injury sustained by another insured. 2. A partnership limited liability company corporation or any other form of organization then the following are insureds a. Anyone occupying a covered auto or a temporary substitute for a covered auto. The covered auto must be out of service because of its breakdown repair servicing loss or destruction. b. Anyone for damages he or she is entitled to recover because of bodily injury sustained by another insured. C. Exclusions This insurance does not apply to 1. Punitive or exemplary damages. 2. The direct or indirect benefit of any insurer or self insurer under any workers compensation disability benefits or similar law. 3. Bodily injury sustained by an insured while occupying any vehicle owned by or furnished or available for the regular use of the Named Insured or if the Named Insured is an individual any family member that is not a covered auto. 4. Anyone using a vehicle without a reasonable belief that the person is entitled to do so. 5. Bodily injury arising directly or indirectly out of a. War including undeclared or civil war b. 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 c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. 2. No one will be entitled to receive duplicate payments for the same elements of loss under this Coverage Form and any valid and collectible motor vehicle medical payments uninsured motorists coverage endorsement personal injury protection or other similar motor vehicle coverages. We will not pay for any element of loss if a person is entitled to receive payment for the same element of loss under any workers compensation or similar law except nonoccupational disability benefits. E. Changes In Conditions The Conditions are changed for Underinsured Motorists Coverage as follows 1. Other Insurance in the Auto Dealers and Business Auto Coverage Forms and Other Insurance Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form are replaced by the following a. If this Coverage Form and any other Coverage Form or policy providing Underinsured Motorists Coverage apply to the same accident and 1 The motor vehicle the insured was occupying at the time of the accident was loaned rented or leased to the insured and a policy which applies to the motor vehicle was in force which provided Underinsured Motorists Coverage to someone engaged in the business of selling repairing servicing storing leasing renting or parking motor vehicles the following priorities of recovery apply The Underinsured Motorists Coverage applicable to a vehicle that is not involved in the accident that provides coverage to the injured person as a Named Insured Second The Priority Coverage applicable to a vehicle that Underinsured Motorists is not involved in the accident that provides coverage to the injured person as an insured other than a Named Insured D. Limit Of Insurance Third The Underinsured Motorists 1. Regardless of the number of covered autos Priority Coverage applicable to a vehicle the insureds premiums paid claims made or injured person was occupying at the vehicles involved in the accident the most we time of the accident. will pay for all damages resulting from any one accident is the Limit Of Insurance for Underinsured Motorists Coverage shown in the Schedule or Declarations. Page 2 of 4 Insurance Services Office Inc. 2012 Insured Copy CA 21861013 | 2 |
2 The motor vehicle is not described in Paragraph E.1.a.1 above the following priorities of recovery apply The Underinsured Motorists Coverage applicable to a vehicle the injured person was occupying at the time of the accident Second The Underinsured Motorists Priority Coverage applicable to a vehicle that is not involved in the accident that provides coverage to the injured person as a Named Insured Third The Underinsured Motorists Priority Coverage applicable to a vehicle that is not involved in the accident that provides coverage to the injured person as an insured other than a Named Insured. b. The maximum recovery under all Coverage Forms or policies combined may equal but not exceed the highest applicable limit for any one vehicle under any Coverage Form or policy providing coverage on either a primary or excess basis. Our share is the proportion that our Limit of Insurance bears to the total of all applicable limits of insurance covering on the same level of priority. 2. Duties In The Event Of Accident Claim Suit Or Loss in the Business Auto and Motor Carrier Coverage Forms and Duties In The Event Of Accident Claim Offense Suit Loss Or Acts Errors Or Omissions in the Auto Dealers Coverage Form are changed by adding the following a. Promptly notify the proper law enforcement authorities of the accident and b. Promptly send us copies of the legal papers if a suit is brought c. A person seeking Underinsured Motorists Coverage must also promptly notify us in writing of a tentative settlement between the insured and the insurer of the underinsured motor vehicle and allow us 30 days to advance payment to that insured in an amount equal to the tentative settlement to preserve our rights against the insurer owner or operator of such underinsured motor vehicle. 3. Transfer Of Rights Of Recovery Against Others To Us is changed by adding the following a. If we make any payment and the insured recovers from another party the insured shall hold the proceeds in trust for us and pay us back the amount we have paid. b. Our rights do not apply under this provision if we 1 Have been given prompt written notice of a tentative settiement between an insured and the insurer of the underinsured motor vehicle and Fail to advance payment to the insured in an amount equal to the tentative settlement within 30 days after receipt of such notification. If we advance payment to the insured in an amount equal to the tentative settlement within 30 days after notification 1 That payment will be separate from any amount the insured is entited to recover under the provisions of Underinsured Motorists Coverage and We also have a right to recover advanced payment from the insurer owner or operator of the underinsured motor vehicle. 4. The following condition is added Arbitration a. If we and an insured disagree whether the insured is legally entitled to recover damages from the owner or driver of an underinsured motor vehicle or do not agree as to the amount of damages that are recoverable by that insured both parties may agree to arbitration and to be bound by the results of that arbitration. However disputes concerning coverage under this endorsement may not be arbitrated. If both parties agree to arbitrate each party will select an arbitrator. The two arbitrators will select a third. If they can not agree within 30 days either may request that selection be made by a judge of a court having jurisdiction. Each party will pay the expenses it incurs and bear the expenses of the third arbitrator equally. 2 2 CA 21861013 Insurance Services Office Inc. 2012 Insured Copy Page 3 of 4 | 2 |
b. Unless both parties agree otherwise arbitration will take place in the county in which the insured lives. Local rules of law as to arbitration procedure and evidence will apply. A decision agreed to by two of the arbitrators will be binding. F. Additional Definitions As used in this endorsement 1. Family member means a person related to an individual Named Insured by blood marriage or adoption who is a resident of such Named Insured s household including a ward or foster child. 2. Occupying means in upon getting in on out or off. 3. Underinsured motor vehicle means a land motor vehicle or trailer for which the sum of all liability bonds or policies that apply at the time of an accident is either a. Less than the Limit of Insurance for Underinsured Motorists Coverage under this Coverage Form or policy or b. Reduced by payments to others injured in the accident to less than the Limit of Insurance for Underinsured Motorists Coverage under this Coverage Form or policy. However underinsured motor vehicle does not include any vehicle a. Owned by a governmental unit or agency b. For which an insuring or bonding company denies coverage or is or becomes insolvent c. While located for use as a residence or premises d. Operated by any person who is specifically excluded from coverage under this Coverage Form or e. That is a covered auto under this Coverage Form s Covered Autos Liability Coverage. Page 4 of 4 Insurance Services Office Inc. 2012 Insured Copy CA 21861013 | 2 |
POLICY NUMBER CPP 850079A POLICY NUMBER CPP 850079A COMMERCIAL AUTO CA 22141013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS PERSONAL INJURY PROTECTION For a covered auto licensed or principally garaged in or auto dealer operations conducted in Kansas this endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. We agree with you subject to all of the provisions of this endorsement and to all of the provisions of the policy except as modified herein as follows This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured Endorsement Effective Date SCHEDULE Benefits Limits A. Medical Expenses Up to 4500 B. Rehabilitation Expenses Up to 4500 C. Work Loss 900 per month maximum up to one year maximum D. Essential Service Expenses Up to 25 per day up to 365 days maximum E. Funeral Expenses Up to 2000 per person F. Survivor s Loss 900 per month maximum and 25 per day essential service expenses both up to 365 days maximum Survivor s loss shall be paid for a period not to exceed one year after the insured s death less the number of months the insured received work loss prior to his or her death. Information required to complete this Schedule if not shown above will be shown in the Declarations. tive Nata CA22141013 Insurance Services Office Inc. 2012 Insured Copy Page 10f5 | 2 |
A. Coverage We will pay Personal Injury Protection benefits in accordance with the Kansas Automobile Injury Reparations Act to or for an insured who sustains bodily injury caused by an accident arising out of the ownership operation maintenance or use of a motor vehicle. Subject to the limits shown in the Schedule these Personal Injury Protection benefits consist of the following 1. Medical Expenses. All reasonable expenses incurred for necessary medical surgical X ray and dental services including prosthetic devices and necessary ambulance hospital and professional nursing services necessary health care rendered by licensed psychologists and also includes services recognized and permitted under the laws of Kansas for an insured who relies upon spiritual means through prayer alone for healing in accordance with such person s religious beliefs. 2. Rehabilitation Expenses. All reasonable expenses incurred for necessary psychiatric or psychological services occupational therapy and such occupational training and retraining as may be reasonably necessary to enable the insured to obtain suitable employment. 3. Work Loss. Loss during the insured s lifetime of monthly earnings due to such person s inability to engage in available and appropriate gainful activity provided the bodily injury sustained is the proximate cause of such liability. 4. Essential Service Expenses. Appropriate and reasonable expenses incurred in obtaining ordinary and necessary services in lieu of those that but for the bodily injury the insured would have performed for the benefit of such person or such person s family. 5. Funeral Expenses. Funeral burial or cremation expenses incurred. 6. Survivor s Loss. Total allowances to all survivors for a. Loss after an insured s death of his or her monthly earnings and b. Essential service expenses incurred after the insured s death reduced by the amount of any expenses of the survivors which have been avoided by reason of the insured s death. B. Who Is An Insured 1. You if you sustain bodily injury while occupying or as a pedestrian through direct physical contact with any motor vehicle. 2. If you are an individual any family member if the family member sustains bodily injury while occupying or as a pedestrian through direct physical contact with any motor vehicle. 3. Any other person who sustains bodily injury while occupying the insured motor vehicle or as a pedestrian through direct physical contact with the insured motor vehicle while not occupying any motor vehicle. C. Exclusions We will not pay Personal Injury Protection benefits for bodily injury 1. Sustained by you or any family member while occupying any motor vehicle owned by you which is not a covered auto. 2. Sustained by any person operating the covered auto without your express or implied consent. 3. Sustained by any person if such person a. Causes such bodily injury to him or herself intentionally b. Is an intentional converter of a motor vehicle at the time such bodily injury is sustained c. Is injured as a result of conduct within the course of a business of repairing servicing or otherwise maintaining motor vehicles unless such conduct occurred off the business premises or d. Is injured as a result of conduct in the course of loading or unloading a motor vehicle unless the conduct occurred while occupying such motor vehicle. 4. Sustained by any person other than you if such person is the owner of a motor vehicle with respect to which security is required under the Kansas Automobile Injury Reparations Act. 5. Sustained by any person other than you injured while occupying or when struck by any motor vehicle other than a covered auto with respect to which the security required by the Kansas Automobile Injury Reparations Act is in effect. 6. Sustained by any person other than you or any family member not a resident of Kansas while not occupying the covered auto. Page 2 of 5 Insurance Services Office Inc. 2012 Insured Copy CA 22141013 | 2 |
D. Limit Of Insurance Regardless of the number of insureds policies or bonds applicable claims made premiums paid or covered autos to which this coverage applies the most we will pay for Personal Injury Protection benefits for bodily injury sustained by any one person in any one motor vehicle accident is limited as follows 1. Medical Expenses shall not include rehabilitation expenses. The maximum amount payable shall not exceed 4500 2. Rehabilitation Expenses shall not include medical expenses. The maximum amount payable shall not exceed 4500 3. Work Loss shall not exceed a. 900 per month for a period of no more than one year after the date the insured first becomes unable to engage in available and appropriate gainful activity and b. Shall be limited to 85 of any such work loss unless such amount payable is deemed includable in gross income for federal income tax purposes 4. Essential Service Expenses incurred during the lifetime of the insured shall not exceed 25 per day for a period not to exceed 365 days after the date such expenses are first incurred 5. Funeral Expenses shall not exceed 2000 6. Survivor s Loss shall not exceed 900 per month for the loss of monthly earnings of the insured and shall not exceed 25 per day for essential service expenses. All survivor s loss shall be paid for a period not to exceed one year after the insured s death less the number of months the insured received work loss prior to his or her death. 7. Any amount payable by us under the terms of this coverage shall be reduced by the amount payable on account of such bodily injury under any workers compensation law. E. Changes In Conditions The Conditions are changed for Personal Injury Protection as follows 1. Duties In The Event Of Accident Claim Suit Or Loss in the Business Auto and Motor Carrier Coverage Forms and Duties In The Event Of Accident Claim Offense Suit Loss Or Acts Errors Or Omissions in the Auto Dealers Coverage Form are amended by the addition of the following a. If an insured or such person s legal representative or survivors institute legal action to recover damages for bodily injury such person must as soon as practicable give us a copy of the summons and complaint or other process served in connection with the legal action. b. The insured or someone on such person s behalf must as soon as practicable give us written proof of claim including 1 Full particulars of the nature and extent of the bodily injury treatment and rehabilitation received and contemplated and 2 Such other information that will help us determine the amount due and payable. No claim for personal injury protection benefits shall be made after two years from the date of the bodily injury. 2. Transfer Of Rights Of Recovery Against Others To Us is replaced by the following a. In the event of recovery by the insured such person s dependents or personal representatives by judgment settlement or otherwise against the party causing bodily injury pursuant to K.S.A. Supp. 40 3117 the insured s rights shall be transferred to us to the extent of duplicative Personal Injury Protection benefits provided to date of such recovery. We shall have a lien against such recovery and may intervene in any action to protect and enforce such lien. The amount of any judgment in any such action settlement or recovery otherwise recovered by the insured such person s dependents or personal representatives prior to the completion of Personal Injury Protection benefits otherwise actually paid and recovered which is in excess of the amount of Personal Injury Protection benefits paid to the date of recovery of such judgment settlement or recovery otherwise shall be credited against future payments of said Personal Injury Protection benefits. CA22141013 Insurance Services Office Inc. 2012 Insured Copy Page 30of 5 | 2 |
b. In the event an insured such person s dependents or personal representative fails to commence an action against the party causing the bodily injury within 18 months after the date of the accident that resulted in injury such failure shall operate as an assignment to us of any cause of action which the insured the dependents or personal representatives of such person may have against the party causing bodily injury for the purpose and to the extent of recovery of damages which are duplicative of Personal Injury Protection benefits. We may enforce the action in our name or that of the insured representatives or dependents of the insured for their benefit as their interest may appear by proper action in any court of competent jurisdiction. c. In the event of recovery pursuant to K.S.A. 60 258a and amendments thereto any rights transferred to us shall be reduced by the percentage of negligence attributable to the insured. d. Pursuant to this section the court shall fix attorneys fees which shall be paid proportionately by the insured such person s dependents or personal representatives and us in the amounts determined by the court. 3. Concealment Misrepresentation Or Fraud does not apply. 4. Other Insurance in the Auto Dealers and Business Auto Coverage Forms and Other Insurance Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form are replaced by the following If two or more insurers or self insurers are liable to pay Personal Injury Protection benefits for the same injury to any one insured the maximum recovery under all applicable policies will not exceed the amount payable under the policy with the highest dollar limits of benefits. Personal injury protection coverage shall be provided in accordance with the following order of priorities under the policy providing the security required by the Kansas Automobile Injury Reparations Act to First Any motor vehicle owned by the insured Second The motor vehicle the insured was occupying or struck by at the time of the accident or Third The covered auto for injury sustained by a family member while occupying or when struck by any motor vehicle outside the state of Kansas who is not a named insured under a separate policy. 5. The Policy Period Coverage Territory Condition is replaced by the following This Coverage Part applies only to accidents which occur during the policy period a. In the state of Kansas and b. With respect to the named insured or family member while occupying or when struck by any motor vehicle outside the state of Kansas but within the United States of America its territories or possessions or Canada. 6. The following conditions are added Payment Of Benefits Personal Injury Protection benefits payable under this Coverage Form shall be overdue if not paid within 30 days after we are furnished written notice of the fact of a covered loss and the amount of the covered loss. Work loss that is payable under this Coverage Form shall be paid not less than every two weeks after such notice. If such written notice is not furnished as to the entire claim any partial amounts supported by written notice is overdue if not paid within 30 days after such written notice is furnished. Any part or all of the remainder of the claim that is subsequently supported by written notice is overdue if not paid within 30 days after such written notice is furnished to us. All overdue payments shall bear simple interest at the rate of eighteen percent 18 per year. Coordination And Nonduplication a. Any auto medical payments coverage provided under this Coverage Part shall be excess insurance over any Personal Injury Protection benefits paid or payable under this or any other auto insurance policy because of bodily injury sustained by an insured. b. In the event that there is a conflict between the provisions of this endorsement and the provisions of the Coverage Form to which it is attached the provisions of the Coverage Form are superseded by the provisions of this endorsement. Page 4 of 5 Insurance Services Office Inc. 2012 Insured Copy CA 22141013 | 2 |
c. Terms of this Coverage Form which are in conflict with the provisions of the Kansas Automobile Injury Reparations Act are hereby amended to conform to such law. F. Additional Definitions As used in this endorsement 1. Insured motor vehicle means a motor vehicle of which the named insured is the owner and with respect to which a. The bodily injury Covered Autos Liability Coverage of the policy applies and for which a specific premium is charged and b. The named insured is required or has elected to maintain security required under the Kansas Automobile Injury Reparations Act. 2. Monthly earnings means a. One twelfth of the annual earnings at the time the bodily injury was sustained of an insured who is regularly employed or regularly self employed b. One twelfth of the anticipated annual earnings of an insured who is not regularly employed or self employed or who is unemployed from the time such person would reasonably have been expected to be so employed. Anticipated annual earnings of an unemployed insured who has previously been employed or self employed shall be calculated by averaging the annual compensation of such person for a period not to exceed five years preceding the year of such person s bodily injury during which such person was employed or c. With respect to Survivor s Loss in the event of death of an insured who was a social security recipient or a retirement or pension benefit recipient or both at the time of such insured s death one twelfth of the annual amount of the difference between the annual amount of social security benefits or retirement benefits or both which the insured was receiving at the time of such person s death and the annual amount of social security benefits or retirement benefits or both that the survivor is receiving after the time of such insured s death.. Motor vehicle means a self propelled vehicle of a kind required to be registered in the state of Kansas including any trailer semi trailer or pole trailer designed for use with such a vehicle but shall not include a motorized bicycle.. Named insured means the individual named in the Declarations and also includes such person s spouse if a resident of the same household and also includes the owner.. Family member means a person related to you by blood marriage or adoption including a ward or foster child who is a resident of your household whether or not temporarily residing elsewhere.. Occupying means in or upon or entering into or alighting from.. Survivor means a deceased insured s spouse or child under the age of 18 years where such person s death resulted from a bodily injury. CA22141013 Insurance Services Office Inc. 2012 Insured Copy Page 50f 5 | 2 |
POLICY NUMBER CPP850079A ICY NUMBER CPP850079A COMMERCIAL AUTO CA22151013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS ADDED PERSONAL INJURY PROTECTION For a covered auto licensed or principally garaged in or auto dealer operations conducted in Kansas this endorsement modifies insurance provided under the following KANSAS PERSONAL INJURY PROTECTION With respect to coverage provided by this endorsement the provisions of the Personal Injury Protection endorsement apply unless modified by this endorsement. This endorsement changes the policy effective on the inception date of the policy or as of the date indicated below. Named Insured Endorsement Effective Date It is agreed that the Kansas Personal Injury Protection endorsement is amended as follows but only with respect to any amount payable because of bodily injury to an insured who is a named insured or family member. SCHEDULE A. Medical Expenses I per person Rehabilitation Expenses er person C. Work Loss per month maximum ears. Funeral Expenses per person E. Survivors Loss monthly earnings per month maximum 25 essential services per day years F. Essential Services 25 per day days maximum Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Exclusion 5. of the Kansas Personal Injury 2. Paragraph 2. is amended by substituting the Protection endorsement does not apply to Kansas amount shown opposite B. for the amount of Added Personal Injury Protection endorsement. 4500. B. The Limit Of Insurance Provision of the Kansas 3. Paragraph 3. is amended by substituting Personal Injury Protection endorsement is a The amount shown opposite C. for the amended by substituting the amounts and time amount ofu900. ar pposi. periods set forth in the Schedule as follows b The fi d h te C. for h e time period shown opposite C. for the 1. Paragraph 1. is amended by substituting the 6 time pleriog o we Wn opposi year. amount shown opposite A. for the amount of. 4500. 4. Paragraph 5. is amended by substituting the amount shown opposite D. for the amount of 2000. nan nan nan nan 5.0 CA22151013 Insurance Services Office Inc. 2012 Insured Copy Page 1 of 2 | 2 |
5. Paragraph 6. is amended by substituting a The amount shown opposite E. for the amount of 900 and b The time period shown opposite E. for the time period one year. 6. Paragraph 4. is amended by substituting the time period shown opposite F. for the time period 365 days. C. This endorsement is subject to all terms and provisions of the Kansas Personal Injury Protection endorsement not expressly modified herein. Page 2 of 2 Insurance Services Office Inc. 2012 Insured Copy CA22151013 | 2 |
POLICY NUMBER CPP850079A POLICY NUMBER CPP850079A COMMERCIAL AUTO CA 22250520 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINNESOTA PERSONAL INJURY PROTECTION For a covered auto licensed or principally garaged in or auto dealer operations conducted in Minnesota this endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the Policy effective on the inception date of the Policy unless another date is indicated below. Named Insured THE SCOULAR COMPANY SCOULAR PROPERTIES INC THE Endorsement Effective Date 05312021 SCHEDULE In consideration of an increase in premium the following Personal Injury Protection Coverage option applies as indicated below or in the Declarations The Named Insured elects to add together two or more Personal Injury Protection Coverages. Refer to Paragraph 3. of the Limit Of Insurance Provision. In consideration of a reduction in premium exclusion of work loss applies as indicated below or in the Declarations Work loss will not be provided for the Named Insured age 65 or older or age 60 or older if retired and receiving a pension. Work loss will not be provided for the Named Insured and any family member age 65 or older or age 60 or older if retired and receiving a pension. Information required to complete this Schedule if not shown above will be shown in the Declarations. wuvduLan ravrcniico e 1rc CA 22250520 Insurance Services Office Inc. 2019 Insured Copy Page 1 of 7 | 2 |
A. Coverage The company will pay in accordance with the Minnesota No fault Automobile Insurance Act Personal Injury Protection benefits incurred with respect to bodily injury sustained by an insured caused by an accident arising out of the maintenance or use of a motor vehicle as a vehicle or through being struck by a motorcycle. These Personal Injury Protection benefits consist of the following 1. Medical Expenses Means all reasonable expenses incurred for necessary a. Medical surgical x ray optical dental chiropractic and rehabilitative services including prosthetic devices b. Prescription drugs as provided under MINN. STAT. 65B.44 Subd. 2 c. Ambulance and all other transportation expenses incurred in traveling to receive other covered medical expense benefits d. Sign interpreting and language translation services other than such services provided by a member of the insured s family related to the receipt of medical expenses provided under Paragraph A.1. of this provision and e. Hospital extended care and nursing services including necessary remedial treatment and services recognized and permitted under the laws of Minnesota for an insured who relies upon spiritual means through prayer alone for healing in accordance with his or her religious belief however it does not include expenses in excess of those for a semiprivate room unless more intensive care is medically required. 2. Work Loss Means a. 85 of loss of gross income resulting from the insured s inability to work on a regular basis including the costs incurred by an insured who is self employed in hiring substitute employees to perform tasks which are necessary to maintain his or her income which he or she normally performs himself or herself and which he or she can not perform because of his or her injury or b. Lost unemployment benefits in an amount equal to the unemployment benefits otherwise payable if the insured 1 Is unemployed at the time of the injury and is receiving or is eligible to receive unemployment benefits and 2 Loses eligibility for unemployment benefits because of his or her inability to work caused by injury reduced by any income from work actually performed by the insured or by any income he or she would have earned in available appropriate substitute work which he or she was capable of performing but unreasonably failed to undertake. 3. Essential Services Expenses Expenses reasonably incurred during a period commencing eight days after the date of the accident and during the insured s lifetime in obtaining usual and necessary substitute services in lieu of those that had he or she not been injured he or she would have performed not for income but for the direct benefit of himself or herself or his or her household if the non fatally injured insured normally as a full time responsibility provides care and maintenance of a home with or without children the benefit is the reasonable value of such care and maintenance. 4. Funeral Expenses Reasonable expenses for professional funeral and burial services including expense for cremation or delivery under the Minnesota Uniform Anatomical Gift Act. 5. Survivors Loss Means a. Loss in the event of the death of an insured occurring within one year from the date of the accident of contributions of money or tangible things of economic value not including services that his or her surviving dependents would have received from him or her for their support during their dependency had he or she not suffered the fatal bodily injury and Page 2 of 7 Insurance Services Office Inc. 2019 Insured Copy CA 22250520 | 2 |
b. Expenses reasonably incurred by surviving dependents after the death of an insured in obtaining ordinary and necessary substitute services in lieu of those he or she would have performed for their benefit had he or she not suffered the fatal bodily injury minus expenses of the surviving dependents avoided by reason of such death provided that the dependency of the surviving spouse shall be terminated in the event such surviving spouse remarries or dies and the dependency of a child who is not physically or mentally incapacitated from earning shall be terminated in the event he or she attains majority marries or becomes otherwise emancipated or dies. B. Who Is An Insured 1. The Named Insured or any family member who sustains bodily injury while occupying a motor vehicle or while a pedestrian as a result of an accident involving any motor vehicle or motorcycle. 2. Any other person who sustains bodily injury while occupying the insured motor vehicle or while a pedestrian as a result of an accident involving the insured motor vehicle. 3. Any other person who sustains bodily injury while occupying a motor vehicle not owned by but operated by the Named Insured or family member other than a public or livery conveyance if the bodily injury results from the operation of the motor vehicle by the Named Insured or family member. As used in this provision public or livery conveyance includes but is not limited to any period of time a motor vehicle is being used by any person who is logged into a transportation network platform as a driver whether or not a passenger is occupying the motor vehicle. C. Exclusions We will not pay Personal Injury Protection benefits for bodily injury 1. Sustained by any family member if such family member is entitled to Personal Injury Protection Coverage as a self insured or as a Named Insured under the terms of any other Coverage Form or policy with respect to such coverage. 2. Sustained by any person other than the Named Insured or family member if such person is entitled to Personal Injury Protection Coverage as a self insured or as a Named Insured or family member under the terms of any other Coverage Form or policy with respect to such coverage. 3. Sustained by any person arising out of the maintenance or use of a motor vehicle a. Being used in the business of transporting persons or property or b. Furnished by the employer of the Named Insured or family member if with respect to such vehicle the security required by the Minnesota No fault Automobile Insurance Act is in effect provided that such bodily injury is sustained while not occupying another involved motor vehicle however this exclusion does not apply to i the insured motor vehicle i a commuter van as defined in the Minnesota No fault Automobile Insurance Act iii a vehicle being used to transport children to school or to a school sponsored activity iv a vehicle being used to transport children as part of a family or group family day care program v any bus other than a bus included as a vehicle described in ii iii or iv above while in operation within the state of Minnesota as to any Minnesota resident who is an insured as defined in the Minnesota No fault Automobile Insurance Act or vi a passenger in a taxi. 4. To any benefits any person would otherwise be entitled to receive hereunder for bodily injury intentionally caused by such person or arising out of his or her intentionally attempting to cause bodily injury and if any person dies as a result of intentionally causing or attempting to cause bodily injury to himself or herself his or her survivors are not entitled to any survivors loss benefits. 5. Sustained by any person in the course of an officiated racing or speed contest or in practice or preparation therefor other than a rally held in whole or in part upon public roads. 6. Sustained by any person if such injury arises out of conduct within the course of a business of repairing servicing or otherwise maintaining motor vehicles unless such conduct occurs off the business premises. CA 22250520 Insurance Services Office Inc. 2019 Insured Copy Page 3 of 7 | 2 |
10. 11. 12. 13. 14. 15.. Sustained by any person if such injury arises out of conduct in the course of loading or unloading any motor vehicle unless the conduct occurs while such person s occupying such motor vehicle.. Sustained by any person while occupying a motorcycle.. To Personal Injury Protection benefits otherwise payable in the event that a lapse of one year or more occurs in the period of disability and medical treatment of an insured as a result of any one accident. Sustained by any person other than the Named Insured or any family member arising out of the maintenance or use by such person of a motor vehicle without a good faith belief that he or she is legally entitled to use such motor vehicle. Sustained by any person other than the Named Insured or any family member while a pedestrian through being struck by the insured motor vehicle if the accident occurs outside the state of Minnesota. Sustained by any person arising out of the maintenance or use of a motor vehicle while located for use as a residence or premises. Avrising directly or indirectly out of a. War including undeclared or civil war b. 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 c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Resulting from the radioactive toxic explosive or other hazardous properties of nuclear material. With respect to work loss essential services expenses and survivors loss benefits sustained by any person other than the Named Insured or family member while occupying any motor vehicle not owned by the Named Insured or family member which is being operated by the Named Insured or family member. 16. Sustained by any person other than the Named Insured or any family member while occupying a vehicle which is regularly used in the course of the business of transporting persons or property and which is one of five or more vehicles under common ownership or a vehicle owned by a government other than the state of Minnesota its political subdivisions municipal corporations or public agencies if the accident occurs outside the state of Minnesota. D. Limit Of Insurance 1. Except as provided in Paragraph 3. regardless of the number of persons insured policies or plans of self insurance applicable premiums paid claims made or insured motor vehicles to which this coverage applies our liability for Personal Injury Protection benefits with respect to bodily injury sustained by any one insured in any one motor vehicle accident shall not exceed 40000 in the aggregate and subject to such aggregate a. The maximum amount payable for medical expenses shall not exceed 20000. b. The maximum aggregate amount payable for work loss essential services expenses funeral expenses and survivors loss benefits shall not exceed 20000. Subject to this maximum aggregate 1 The maximum amount payable for work loss shall not exceed 500 per week. 2 The maximum amount payable for essential services expenses shall not exceed 200 per week. 3 The maximum amount payable for funeral expenses shall not exceed 5000. 4 The maximum amount payable for survivors loss benefits a With respect to Paragraph A.5.a. of the definition of survivors loss benefits shall not exceed 500 per week and b With respect to Paragraph A.5.b. of the definition of survivors loss benefits shall not exceed 200 per week. Page 4 of 7 Insurance Services Office Inc. 2019 Insured Copy CA 22250520 | 2 |
2. Any amount payable by the company under the terms of this coverage shall be reduced by a. Any amounts paid payable or required to be provided on account of such bodily injury under any workers compensation law except that if the accident involves a motor vehicle used in a ridesharing arrangement this coverage shall be primary. b. The amount of any deductible applicable to medical expenses set forth in this Coverage Form but only with respect to bodily injury sustained by the Named Insured or by a family member provided that if two or more such persons sustain bodily injury in the same motor vehicle accident the total amount of the deductible applicable to all of them shall not exceed the deductible amount stated in this Coverage Form and such amount shall be allocated equally among them. c. The amount of any deductible applicable to work loss set forth in this Coverage Form but only with respect to bodily injury sustained by the Named Insured or any family member. 3. If the Schedule or Declarations indicates that the Named Insured elected to add together two or more Personal Injury Protection Coverages regardless of the number of persons insured premiums paid or claims made our liability for Personal Injury Protection benefits with respect to bodily injury sustained by any one insured in any one motor vehicle accident shall not exceed 40000 in the aggregate per insured motor vehicle and subject to each such aggregate a. The maximum amount payable for medical expenses shall not exceed 20000 per insured motor vehicle. b. The maximum amount payable for work loss essential services expenses funeral expenses and survivors loss benefits shall not exceed 20000 per insured motor vehicle. Subject to this maximum aggregate 1 The maximum amount payable for work loss shall not exceed 500 per week per insured motor vehicle. 2 The maximum amount payable for essential services expenses shall not exceed 200 per week per insured motor vehicle. 3 The maximum amount payable for funeral expenses shall not exceed 5000 per insured motor vehicle. 4 The maximum amount payable for survivors loss benefits a With respect to Paragraph A.5.a. of the definition of survivors loss benefits shall not exceed 500 per week per insured motor vehicle and b With respect to Paragraph A.5.b. of the definition of survivors loss benefits shall not exceed 200 per week per insured motor vehicle. E. Changes In Conditions The Conditions are changed for Personal Injury Protection as follows 1. Duties In The Event Of Accident Claim Suit Or Loss in the Business Auto and Motor Carrier Coverage Forms and Duties In The Event Of Accident Claim Offense Suit Loss Or Acts Errors Or Omissions in the Auto Dealers Coverage Form are replaced by the following a. Inthe event of any accident written notice containing particulars sufficient to identify the insured and also reasonably obtainable information respecting the time place and circumstances of the accident shall be given by or on behalf of each insured to us or any of our authorized agents within six months from the date of the accident. Failure to provide such written notice shall not render an insured ineligible to receive benefits unless actual prejudice is shown by us and then only to the extent of the prejudice. If an insured his or her legal representative or his or her surviving dependents shall institute legal action to recover damages for bodily injury against a person or organization who is or may be liable in tort therefor a copy of the summons and complaint or other process served in connection with such legal action shall be forwarded as soon as practicable to us by such insured his or her legal representative or his or her surviving dependents. CA 22250520 Insurance Services Office Inc. 2019 Insured Copy Page 5 of 7 | 2 |
b. As soon as practicable the insured or someone on his or her behalf shall give us written proof of claim under oath if required including full particulars of the nature and extent of the bodily injury treatment and rehabilitation received and contemplated and such other information as may assist us in determining the amount due and payable. The insured shall submit to physical and mental examination by physicians selected by us when and as often as we may reasonably require. An insured who has undertaken a procedure or treatment for rehabilitation or a course of rehabilitative occupational training other than a medical rehabilitation procedure or treatment shall notify us that he or she has undertaken the procedure treatment or training within 60 days after a rehabilitation expense exceeding 1000 has been incurred for the procedure treatment or training unless we know or have reason to know of the undertaking. If the insured does not give the required notice within the prescribed time we are responsible only for 1000 or the expense incurred after the notice is given and within 60 days before the notice whichever is greater unless failure to give timely notice is the result of excusable neglect. 2. The Transfer Of Rights Of Recovery Against Others To Us Policy Condition does not apply. 3. Other Insurance in the Auto Dealers and Business Auto Coverage Forms and Other Insurance Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form are amended by the following In the event the insured has other similar insurance including self insurance available and applicable to the accident we shall not be liable for a greater proportion of any loss to which this coverage applies than the Limit of Insurance hereunder bears to the sum of the applicable Limits of Insurance of this coverage and such other insurance. However if the driver or occupant of a motor vehicle sustains bodily injury while using the vehicle in the business of transporting persons or property this insurance is primary. 4. The Two Or More Coverage Forms Or Policies Issued By Us Policy Condition is replaced by the following Two Or More Coverage Forms Or Policies Issued By Us If the Schedule indicates that the Named Insured elected to add together two or more Personal Injury Protection Coverages the Two Or More Coverage Forms Or Policies Issued By Us provision in the Policy Conditions section of the Coverage Form does not apply to coverage afforded under this endorsement. However no one will be entitled to receive duplicate payments for the same elements of loss. 5. The following conditions are added Coordination Nonduplication And Priority Of Payments a. No insured shall recover duplicate benefits for the same elements of loss under this or any similar insurance including self insurance. b. Any amount payable under any Uninsured Motorists Coverage afforded under this Coverage Form or policy shall be reduced by the amount of any Personal Injury Protection benefits paid or payable or which would be paid or payable but for the application of a deductible under this or any other motor vehicle insurance Coverage Form or policy because of bodily injury sustained by an insured. Constitutionality Clause The premium for and the coverages of the Policy have been established in reliance upon the provisions of the Minnesota No fault Automobile Insurance Act. In the event a court of competent jurisdiction declares or enters a judgment the effect of which is to render the provisions of such act invalid or unenforceable in whole or in part we shall have the right to recompute the premium payable for the Policy and the provisions of this endorsement shall be voidable or subject to amendment at our option. Page 6 of 7 Insurance Services Office Inc. 2019 Insured Copy CA 22250520 | 2 |
Arbitration If you and we disagree on the amount of loss under Personal Injury Protection and the disputed amount is a. 10000 or less both parties must submit to arbitration or b. More than 10000 we will advise the insured whether we will submit the claim to arbitration. Arbitration will be conducted in accordance with the Rules of Procedure For No fault Arbitration contained in the Minnesota Insurance Laws. In the event of arbitration each party will select a competent arbitrator. The two arbitrators will select a competent and impartial umpire. A decision agreed to by any two will be binding. Each party will a. Pay its chosen arbitrator and b. Bear the other expenses of the arbitration and umpire equally. If we submit to arbitration we still retain our right to deny the claim. However we will not pay you any interest other than the interest that accrues between the time that it is determined that a loss shall be payable in accordance with this Arbitration Condition and before we pay tender or deposit in court payment for the loss. F. Additional Definitions As used in this endorsement 1. Family member means the spouse or any person related to the Named Insured by blood marriage or adoption including a minor in the custody of the Named Insured spouse or such related person who is a resident of the same household as the Named Insured whether or not temporarily residing elsewhere. 2. Insured motor vehicle means a motor vehicle with respect to which a. The bodily injury liability insurance of the Coverage Form or Policy applies and for which a specific premium is charged and b. The Named Insured is required to maintain security under the provisions of the Minnesota No fault Automobile Insurance Act. 3. Motor vehicle means every vehicle other than a motorcycle or other vehicle with fewer than four wheels which a. Is required to be registered pursuant to Minnesota Statutes Chapter 168 and b. Is designed to be self propelled by an engine or motor for use primarily upon public roads highways or streets in the transportation of persons or property and includes a trailer with one or more wheels when the trailer is connected to or being towed by a motor vehicle.. Occupying means in or upon entering into or alighting from.. Ridesharing arrangement means the transportation of persons for a fee or otherwise in a motor vehicle when the transportation is incidental to another purpose of the driver. The term includes the forms of shared transportation known as car pools commuter van pools and bus pools whether or not furnished by an employer. It does not include transportation of employees by an employer from one place to another.. Transportation network platform means an online enabled application or digital network used to connect passengers with drivers using vehicles for the purpose of providing prearranged transportation services for compensation. CA 22250520 Insurance Services Office Inc. 2019 Insured Copy Page 7 of 7 | 2 |
COMMERCIAL AUTO CA 22341013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NORTH DAKOTA PERSONAL INJURY PROTECTION ENDORSEMENT For a covered auto licensed or principally garaged in or auto dealer operations conducted in North Dakota this endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. We agree with the Named Insured subject to all of the provisions of this endorsement and to all of the provisions of the policy except as modified herein as follows A. Coverage 3. Rehabilitation expenses. The cost of a We will pay Personal Injury Protection benefits in accordance with the North Dakota Auto Accident Reparations Act to or for an insured who sustains bodily injury caused by an accident arising out of the operation maintenance or use of an auto as a vehicle. These personal injury protection benefits consist of the following 1. Funeral expenses. Reasonable expenses incurred for a professional funeral cremation and burial 2. Medical expenses. Usual and customary charges incurred for reasonable and necessary medical surgical diagnostic x ray dental prosthetic ambulance hospital or professional nursing services or services for remedial treatment and care but usual and customary charges do not include a. The portion of the charge for a room in any hospital clinic convalescent or nursing home extended care facility or any similar facility in excess of the reasonable and customary charge for semiprivate accommodations unless intensive care is medically needed b. Charges for drugs sold without a prescription c. Charges for experimental treatments or d. Charges for medically unproven treatments procedure or treatment for rehabilitation or a course of rehabilitative occupational training if the procedure treatment or training is reasonable and appropriate for the particular case its cost is reasonable in relation to its probable rehabilitative effects and it is likely to contribute substantially to medical or occupational rehabilitation 4. Replacement services loss. Expenses incurred in obtaining ordinary and necessary services from others not members of the insured s household in lieu of those that the insured would have performed had he or she not been injured not for income but for the benefit of himself or herself or his or her household but replacement services loss does not include any loss after the death of the insured 5. Survivors income loss. Loss sustained after an insured s death by his or her survivors during their dependency and consisting of the loss of the contributions they would have received for their support from that insured out of income from work he or she would normally have performed had he or she not died 6. Survivors replacement services loss. Expenses incurred after the insured s death by his survivors in obtaining ordinary and necessary services from others not members of that insured s household in lieu of the services he or she would have performed not for income but for the benefit of his or her household CA 22341013 Insurance Services Office Inc. 2012 Insured Copy Page 10f5 | 2 |
7. Work loss. Eighty five percent of loss of income from work an insured who would normally be employed in gainful activity during the period of his or her disability would have performed had he or she not been injured reduced by any income from substitute work actually performed by the insured or by income the insured would have earned in available appropriate substitute work which he or she was capable of performing but unreasonably failed to undertake but work loss does not include any loss after death of an insured. B. Who Is An Insured 1. The named insured or any relative who sustains bodily injury while occupying any auto or while a pedestrian through being struck by any auto or motorcycle 2. Any other person who sustains bodily injury a. While occupying or while a pedestriar through being struck by the covered auto b. While occupying an auto not owned by but operated by a named insured or family member if the bodily injury results from the operation of the auto by the named insured or family member. C. Exclusions We will not pay Personal Injury Protection benefits for bodily injury 1. Sustained by the named insured while occupying any auto owned by the named insured which is not a covered auto 2. Sustained by any family member while occupying an auto owned by that family member with respect to which the security required by the North Dakota Auto Accident Reparation Act is not in effect 3. Sustained by the named insured or any family member while occupying or while a pedestrian through being struck by any auto other than the covered auto. auto being used in a arrangement with respect to which the security required under the North Dakota Auto Accident Reparation Act is in effect 4. Sustained by any person if the injury arises out of conduct within the course of a business of repairing servicing or otherwise maintaining an auto unless that conduct involves the actual operation of an auto as a vehicle on the business premises or unless that conduct occurs off the business premises 10. 11. 12. 13.. Sustained by any person arising out of conduct in the course of loading or unloading any auto unless the injury occurs while occupying that auto. Sustained by any person while occupying any auto without the express or implied consent of the owner or while not in lawful possession of any auto. Sustained by any person as the result of entering or alighting from a stopped auto if the injury is not caused by another auto. Intentionally caused by any person who would otherwise be entitled to receive benefits hereunder for bodily injury arising out of his or her intentionally attempting to cause bodily injury to himself or herself or to another person and if any person dies as a result of intentionally causing or attempting to cause bodily injury to himself or herself his or her survivors are not entitled to any survivors income loss or survivors replacement services loss benefits. Sustained by any person while in the course of a racing or speed contest or in practice or preparation thereto Sustained by any pedestrian other than the named insured or any family member if the accident occurs outside the state of North Dakota Sustained by any person arising out of the operation maintenance or use of any auto while located for use as a residence or premises Avrising directly or indirectly out of a. War including undeclared or civil war b. 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 c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these or Resulting from the radioactive toxic explosive or other hazardous properties of nuclear material. Page 2 of 5 Insurance Services Office Inc. 2012 Insured Copy CA 22341013 | 2 |
D. Definitions As used in this endorsement 1. Auto means a vehicle having more than three load bearing wheels of a kind required to be registered under the laws of North Dakota relating to motor vehicles designed primarily for operation upon the public streets roads and highways and driven by power other than muscular power and includes a trailer designed for use with such vehicle.. Covered auto means an auto with respect to which a. Security is required to be maintained under the provisions of the North Dakota Auto Accident Reparations Act and b. The bodily injury liability coverage of the policy applies and for which a specific premium is charged.. Family member means a spouse or any other individual related to the named insured by blood marriage or adoption including a ward or foster child who is a resident of the same household as the named insured or who usually makes his or her home in the same household but temporarily lives elsewhere.. Named insured means the person or organization named in the Declarations.. Occupying means in or upon. Pedestrian means any individual not occupying a motor vehicle or any other vehicle designed to be driven or drawn by power other than muscular power.. Ridesharing arrangement means the transportation of persons in a motor vehicle where the transportation is incidental to another purpose of the driver or owner and is not provided for pecuniary gain. The term shall include ridesharing arrangements known as car pools and van pools as defined in North Dakota Laws. 8. Survivor means a dependent survivor of a deceased insured and includes the following survivors only a. The surviving spouse if residing in the deceased s household at the time of his or her death providing that the dependency of that spouse shall terminate upon remarriage and b. Other persons receiving support from the deceased at the time of his or her death which would qualify them as dependents of the deceased for federal income tax purposes under the Federal Internal Revenue Code. E. Policy Period Territory This coverage applies only to accidents which occur during the policy period and within the United States of America its territories or possessions or Canada. F. Limit Of Insurance Regardless of the number of persons insured policies or approved plans of self insurance applicable premiums paid claims made or covered autos to which this coverage applies our liability for personal injury protection benefits with respect to bodily injury sustained by any one insured in any one auto accident shall not exceed 30000 in the aggregate and subject to such aggregate limit 1. The maximum amount payable for work loss or survivors income loss shall not exceed 150 per week prorated for any lesser period 2. The maximum amount payable for replacement services loss or survivors replacement services loss shall not exceed 15 per day 3. The maximum amount payable for funeral expenses shall not exceed 3500. Any amount payable by us under the terms of this coverage shall be reduced by the amount of benefits an insured has recovered or is entitled to recover for the same elements of loss under any workers compensation act. CA 22341013 Insurance Services Office Inc. 2012 Insured Copy Page 30of 5 | 2 |
G. Changes In Conditions The Conditions are changed for Personal Injury Protection as follows 1. Duties In The Event Of Accident Claim Suit Or Loss in the Business Auto and Motor Carrier Coverage Forms and Duties In The Event Of Accident Claim Offense Suit Loss Or Acts Errors Or Omissions in the Auto Dealers Coverage Form are replaced by the following We have no duty to provide coverage under this policy unless there has been full compliance with the following duties a. In the event of an accident written notice containing particulars sufficient to identify the insured and also reasonably obtainable information respecting the time place and circumstances of the accident shall be given by or on behalf of each insured to the company or any of its authorized agents as soon as practicable. If an insured his or her legal representative or his or her survivors shall institute legal action to recover damages for bodily injury against a person or organization who is or may be liable in tort therefor a copy of the summons and complaint or other process served in connection with such legal action shall be forwarded as soon as practicable to us by such insured his or her legal representative or his or her survivors. b. As soon as practicable the insured or someone on his or her behalf shall give us written proof of claim under oath if required including full particulars of the nature and extent of the bodily injury treatment and rehabilitation received and contemplated and such other information as may assist us in determining the amount due and payable. The insured shall submit to physical and mental examination by physicians selected by us when and as often as we may reasonably require. If an insured refuses to submit to a physical or mental examination we may request a court to enter an order requiring the insured to submit to the examination. 2. Legal Action Against Us is replaced by the following Legal Action Against Us No action shall lie against us unless as a condition precedent thereto there shall have been full compliance with all the terms of this coverage. 3. Transfer Of Rights Of Recovery Against Others To Us is replaced by the following Transfer Of Rights Of Recovery Against Others To Us Subject to any applicable limitation set forth in North Dakota Auto Accident Reparations Act in the event of any payment under this coverage we are subrogated to the rights of the person to whom or for whose benefit the payments were made to the extent of those payments. That person shall execute and deliver the instruments and papers and do whatever else is necessary to secure those rights. That person shall do nothing after loss to prejudice those rights. 4. Other Insurance in the Auto Dealers and Business Auto Coverage Forms and Other Insurance Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form are replaced by the following In the event an insured has other similar insurance including approved plans of self insurance available and applicable to the accident the maximum recovery under all such insurance shall not exceed the amount which would have been payable under the provisions of the insurance providing the highest dollar limit and we shall not be liable for a greater proportion of any loss to which this coverage applies than the limit of liability hereunder bears to the sum of the applicable limit of liability of this coverage and the other insurance. H. Additional Conditions The following conditions are added for Personal Injury Protection 1. Constitutionality Clause The premium for and the coverages of the policy have been established in reliance upon the provisions of the North Dakota Auto Accident Reparations Act. In the event a court of competent jurisdiction declares or enters a judgment the effect of which is to render the provisions of such statute invalid or unenforceable in whole or in part we shall have the right to recompute the premium payable for the policy and the provisions of this endorsement shall be voidable or subject to amendment at our option. Page 4 of 5 Insurance Services Office Inc. 2012 Insured Copy CA 22341013 | 2 |
2. Coordination Any amount payable under uninsured motorists coverage shall be reduced by the amount of any personal injury protection benefits paid or payable under this or any other automobile insurance policy because of bodily injury sustained by an insured. Any automobile medical payments afforded under this policy shall be excess insurance over any personal injury protection benefits paid or payable under this or any other automobile insurance policy because of bodily injury sustained by an insured. 3. Nonduplication Of Benefits No insured shall recover duplicate benefits for the same elements of loss under this or any similar insurance including approved plans of self insurance. 4. Priority Of Payments This coverage applies on a primary basis to bodily injury sustained by an insured if the accident arises out of the use or operation of the covered auto except if the accident involves the operation of the insured motor vehicle in a ridesharing arrangement any personal injury protection coverage required by the North Dakota Auto Accident Reparations Act afforded by another policy under which such insured is a named insured or family member shall be primary and this coverage shall be excess. 5. Reimbursement And Trust Agreement In the event of the payment to any person under this coverage a. We shall be entitled to the extent of the payment to the proceeds of any settlement or judgment that may result from the exercise of any rights of recovery of that person against any person or organization legally responsible for the bodily injury because of which that payment is made and we shall have a lien to the extent of that payment notice of which may be given to the person or organization causing the bodily injury his or her agent his or her insurer or a court having jurisdiction in the matter b. That person shall hold in trust for our benefit all rights of recovery which he or she shall have against that other person or organization because of the bodily injury c. That person shall do whatever is proper to secure and shall do nothing after loss to prejudice those rights and d. That person shall execute and deliver to us instruments and papers as may be appropriate to secure those rights and obligations of that person and us established by this provision. CA 22341013 Insurance Services Office Inc. 2012 Insured Copy Page 50f 5 | 2 |
POLICY NUMBER CPP850079A POLICY NUMBER CPP850079A COMMERCIAL AUTO CA22351013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NORTH DAKOTA ADDED PERSONAL INJURY PROTECTION ENDORSEMENT This endorsement modifies insurance provided under the following NORTH DAKOTA PERSONAL INJURY PROTECTION ENDORSEMENT With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured Endorsement Effective Date We agree with the Named Insured subject to all of the provisions of this endorsement and to all of the provisions applicable to the North Dakota Personal Injury Protection Endorsement except as modified herein as follows SCHEDULE A. Added Aggregate Limit B. Added Work Loss Or Added Survivors Income Loss Per Week C. Added Replacement Services Loss Or Survivors Replacement Services Loss Per Day D. Added Funeral Expenses Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Coverage 5. Survivors income loss We will pay added personal injury protection 6. Survivors replacement services loss and benefits for 7. Funeral expenses 1. Medical expenses incurred with respect to bodily injury sustained 2. Rehabilitation expenses by an insured who is a Named Insured or 3. Work loss family member apd causd by an accident arising out of the operation maintenance or use of an 4. Replacement services loss auto as a vehicle. led Survivors Income Loss Per Weel ces Loss Or Survivors SS. Per Day CA22351013 Insurance Services Office Inc. 2012 Insured Copy Page 1 of 2 | 2 |
2. The maximum amount payable for added replacement service loss or added survivors replacement services loss shall not exceed the amount per day stated in the Schedule and 3. The maximum amount payable for added funeral expenses shall not exceed the amount stated in the Schedule. Any amount payable by us under the terms of this coverage shall be reduced by the amount of benefits such an insured has recovered or is entitled to recover for the same elements of loss under any workers compensation act.. Excess Provision The coverage afforded under this endorsement shall be excess to any applicable basic no fault benefits provided under the North Dakota Auto Accident Reparations Act. B. Exclusions All of the exclusions applicable to the North Dakota Personal Injury Protection Endorsement apply to this coverage except for Exclusion 3. In addition this coverage does not apply to bodily injury sustained by any person while occupying or while a pedestrian through being struck by an auto owned by such person but not insured for added personal injury protection benefits under this policy. C. Limit Of Insurance Regardless of the number of persons insured policies or approved plans of self insurance applicable premiums paid claims made or covered autos to which this coverage applies our liability for personal injury protection benefits with respect to bodily injury sustained by any one insured in any one auto accident shall not exceed the aggregate amount stated in the Schedule and subject to such aggregate limit 1. The maximum amount payable for added work loss or added survivors income loss shall not exceed the amount per week stated in the Schedule and shall be prorated for any lesser period Page 2 of 2 Insurance Services Office Inc. 2012 Insured Copy CA22351013 | 2 |
POLICY NUMBER CPP850079A POLICY NUMBER CPP850079A COMMERCIAL AUTO CA 22441116 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UTAH PERSONAL INJURY PROTECTION For a covered auto licensed or principally garaged in or for auto dealer operations conducted in Utah this endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the Policy effective on the inception date of the Policy unless another date is indicated below. Named Insured THE SCOULAR COMPANY SCOULAR PROPERTIES INC THE Endorsement Effective Date 05312021 SCHEDULE Benefits Limit Per Person Medical Expenses 3000 Work Loss a 85 of any loss of gross income and earning capacity not to exceed the total of 250 per week and b 20 per day for inability to perform services for the household. Funeral Expenses 1500 Survivor Loss 3000 Information required to complete this Schedule if not shown above will be shown in the Declarations. We agree with you subject to all of the provisions in this endorsement and to all of the provisions of the Policy except as modified herein as follows A. Coverage We will pay Personal Injury Protection benefits in accordance with Title 31A UTAH CODE ANNOTATED to or for an insured who sustains bodily injury caused by an accident arising out of the use of an auto as an auto. Subject to the limits shown in the Schedule these Personal Injury Protection benefits consist of 1. Medical Expenses Reasonable expenses incurred for necessary medical surgical x ray dental and rehabilitation services including prosthetic devices necessary ambulance hospital and nursing services and any nonmedical remedial care and treatment rendered in accordance with a recognized religious method of healing however it does not include expenses in excess of those for a semiprivate room unless more intensive care is medically required. CA 22441116 Insurance Services Office Inc. 2016 Insured Copy Page 1 of 4 | 2 |
2. Work Loss a. Loss of income and loss of earning capacity by the insured during his or her lifetime from inability to work during a period commencing three days after the date of the loss of income and earning capacity resulting from the bodily injury and continuing for a maximum of 52 consecutive weeks thereafter. If such insured s inability to work continues in excess of a total of two consecutive weeks after the date of the loss of income and earning capacity resulting from the bodily injury this three day elimination period shall not be applicable and b. An allowance for services actually rendered or reasonably incurred that but for the bodily injury the insured would have performed during his or her lifetime for his or her household commencing three days after the date of the bodily injury and continuing for a maximum of 365 consecutive days thereafter. If such insured s inability to perform such services continues in excess of 14 consecutive days after the date of the bodily injury this three day elimination period shall not be applicable. 3. Funeral Expenses Funeral burial or cremation expenses incurred. 4. Survivor Loss Compensation on account of the death of the insured and is payable only to natural persons who are the insured s heirs. B. Who Is An Insured 1. You unless you are injured in an accident which resulted from the use or operation of any motor vehicle which is owned by you and which is not a covered auto. 2. If you are an individual any family member unless the family member is injured in an accident which resulted from the use or operation of any motor vehicle which is owned by such family member and which is not a covered auto. 3. Any person while occupying a covered auto with the consent of the insured except your customers if your business is shown in the Declarations as a rental company. However if the customer of a rental company has no other valid and collectible insurance they are insured but only up to the minimum personal injury protection coverage and benefits amount specified by UTAH CODE ANN. Section 31A 22 307. This supersedes any provision to the contrary. Rental company means any person or organization in the business of providing private passenger motor vehicles to the public under the terms of a rental agreement. 4. Any person while occupying any other auto other than a public or livery conveyance operated by you or a family member. Public or livery conveyance as used in this provision includes but is not limited to any period of time an auto is being used by any person who is logged into a transportation network platform as a driver whether or not a passenger is occupying the auto. 5. A pedestrian if the accident involves the use of a covered auto.. Exclusions We will not pay Personal Injury Protection benefits for bodily injury 1. Sustained by the insured while occupying an auto owned by or furnished for the regular use of that insured or if you are an individual any family member that is not a covered auto. 2. Sustained by any person while operating the covered auto without the express or implied consent of the insured or while not in lawful possession of the covered auto. 3. Sustained by a pedestrian if the accident occurs outside the state of Utah. This exclusion does not apply if you are an individual to you or any family member. 4. Sustained by any person if such person s conduct contributed to his injury under either of the following circumstances a. Causing injury to himself or herself intentionally or b. While committing a felony. 5. Sustained by any person arising out of the use of any auto while located for use as a residence or premises. Page 2 of 4 Insurance Services Office Inc. 2016 Insured Copy CA 22441116 | 2 |
6. Arising directly or indirectly out of a. War including undeclared or civil war b. 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 c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. 7. Resulting from the radioactive toxic explosive or other hazardous properties of nuclear material.. Limit Of Insurance 1. Regardless of the number of insureds policies or bonds applicable claims made premiums paid or covered autos to which this coverage applies the most we will pay for Personal Injury Protection benefits for bodily injury sustained by an insured in any one accident is the Limit Per Person amount shown in the Schedule. 2. Any amount payable under this coverage will be reduced by the amount paid payable or required to be provided for bodily injury a. Under any workers compensation plan or any similar statutory plan or b. By the United States or any of its agencies because of his or her being on active duty in the military services. Changes In Conditions The Conditions of the Policy are changed for Personal Injury Protection as follows The following is added to Duties In The Event Of Accident Claim Suit Or Loss in the Business Auto and Motor Carrier Coverage Forms and Duties In The Event Of Accident Claim Offense Suit Loss Or Acts Errors Or Omissions in the Auto Dealers Coverage Form d. If an insured or his or her legal representative or survivor institutes legal action to recover damages for bodily injury he or she must promptly give us a copy of the summons and complaint or other process served in connection with the legal action. e. The insured or someone on his or her behalf must promptly give us written proof of claim under oath if required including 1 Full particulars of the nature and extent of the bodily injury treatment and rehabilitation received and contemplated and 2 Such other information that will help us determine the amount due and payable. The following conditions are added Reimbursement And Trust 1. If we make any payment to any insured under this coverage and that person recovers from another party he or she shall hold the proceeds in trust for us and pay us back the amount we have paid. We will have a lien against such payment and may give notice of the lien to the person or organization causing bodily injury his or her agent or insurer or a court having jurisdiction in the matter. 2. Any insured receiving payment must hold in trust for our benefit all rights of recovery he or she has against the party causing bodily injury. 3. That person must do everything necessary to secure such rights and must do nothing to impair them. 4. That person must execute and deliver to us instruments and papers that may be appropriate to secure his or her and our rights and obligations established by this provision. Coordination And Nonduplication 1. No insured may recover duplicate payments for the same elements of loss under this or any other insurance. 2. This insurance is primary only for bodily injury sustained by an insured in an accident arising out of the use or operation of a covered auto. 3. If an insured is entitled to Personal Injury Protection benefits under more than one policy the maximum recovery under all policies combined will not exceed the amount payable under the policy with the highest dollar limit of benefits. Our share is the proportion that our Limit of Insurance bears to the total of all applicable limits covering on the same basis. CA 22441116 Insurance Services Office Inc. 2016 Insured Copy Page 3 of 4 | 2 |
4. Personal Injury Protection benefits paid or payable under this Coverage Form or any other Coverage Form or policy providing auto insurance because of bodily injury sustained by an insured shall be primary to any Auto Medical Payments Coverage provided under this Coverage Form. Premium Recomputation The premium for this Policy is based on rates which have been established in reliance upon the limitations on the right to recover for damages imposed by the provisions of Title 31A UTAH CODE ANNOTATED. If a court declares any of these provisions unenforceable we have the right to recompute the premium and the provisions of this endorsement are voidable or subject to amendment at our option.. Additional Definitions As used in this endorsement 1. Auto means every self propelled vehicle which is designed for use upon a highway including trailers and semitrailers designed for use with such vehicles except traction engines road rollers farm tractors tractor cranes power shovels and well drillers and every vehicle which is propelled by electric power obtained from overhead wires but not operated on rails.. Family member means a person related to you by blood marriage or adoption including a ward or foster child who is a resident of your household whether or not temporarily residing elsewhere.. Occupying means being in or upon an auto as a passenger or operator or engaged in the immediate acts of entering boarding or alighting from an auto.. Pedestrian means any person not occupying or riding upon an auto.. Transportation network platform means an online enabled application or digital network used to connect passengers with drivers using vehicles for the purpose of providing prearranged transportation services for compensation. Page 4 of 4 Insurance Services Office Inc. 2016 Insured Copy CA 22441116 | 2 |
POLICY NUMBER CPP850079A POLICY NUMBER CPP850079A COMMERCIAL AUTO CA 23171013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TRUCKERS UNIFORM INTERMODAL INTERCHANGE ENDORSEMENT FORM UIIE 1 This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured Endorsement Effective Date It is agreed that such insurance as is afforded by the policy for Auto Bodily Injury and Property Damage Liability applies to liability assumed by the named insured as Motor Carrier Participant under Section F.4. of the Uniform Intermodal Interchange and Facilities Access Agreement and any subsequent amendments thereto F.4. Indemnity a. Subject to the exceptions set forth b. Exceptions The foregoing indemnity provision shall not apply to the extent Damages i occur during the presence of the Motor Carrier on the Facility Operator s premises and are caused by or result from the negligent or intentional acts or omissions of the Indemnitees their agents employees in vendors or third party invitees excluding Subsection b below Motor Carrier agrees to defend hold harmless and fully indemnify the Indemnitees without regard to whether the Indemnitees liability is vicarious implied by law or as a result of the fault or negligence of the Indemnitees against any and all claims suits loss damage or liability for bodily injury death andor property damage including reasonable attorney fees and costs incurred in the defense against a claim or suit or incurred because of the wrongful failure to defend against a claim or suit or in enforcing Section F.4. collectively the Damages caused by or resulting from the Motor Carrier s use or maintenance of the Equipment during an Interchange Period andor presence on the Facility Operator s premises. Indemnitor or ii are caused by or result from defects to the Equipment with respect to items other than those set forth in Exhibit A unless such defects were caused by or resulted from the negligent or intentional acts or omissions of the Motor Carrier its agents employees vendors or subcontractors during the Interchange Period. Subject to the following provisions 1. The limit of the company s liability under this policy for damages because of bodily injury and property damage arising out of the use operation maintenance or possession of interchange equipment shall be the applicable amount stated below and designated by an x unless a greater amount is otherwise stated in the policy as applicable to such bodily injury or property damage. tive Nata CA23171013 Insurance Services Office Inc. 2011 Insured Copy Page 1 of 2 | 2 |
Single Limit Bodily Injury And Property Damage Or the Equivalent 1000000 Each Accident 2. The company shall a. Upon issuance of this endorsement furnish to the President The Intermodal Association of North America 11785 Beltsville Drive 11th Flr. Beltsville MD 20705 a properly executed Certificate of Insurance which carries the notation that the company has issued to the named insured Motor Carrier a policy of liability insurance and b. Upon cancellation or termination of the policy of which this endorsement forms a part furnish a notice of such cancellation or termination NOT LESS THAN 30 DAYS prior to the effective date of such cancellation or termination such notice to be mailed to said President at the above address. Page 2 of 2 Insurance Services Office Inc. 2011 Insured Copy CA 23171013 | 2 |
COMMERCIAL AUTO CA 23841013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF TERRORISM This endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SINGLE INTEREST AUTOMOBILE PHYSICAL DAMAGE INSURANCE POLICY With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. A. The following definitions are added and apply under this endorsement wherever the term terrorism or the phrase any injury damage loss or expense is enclosed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature a. That involve the following or preparation for the following 1 Use or threat of force or violence or 2 Commission or threat of a dangerous act or 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechanical system and b. When one or both of the following apply 1 The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. 2 2. Any injury damage loss or expense means any injury damage loss or expense covered under any Coverage Form or Policy to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury loss loss of use rental reimbursement after loss or covered pollution cost or expense as may be defined under this Coverage Form Policy or any applicable endorsement. B. Except with respect to Physical Coverage Trailer Interchange Garagekeepers Coverage Garagekeepers Coverage Customers Sound Receiving Equipment or the Single Interest Automobile Physical Damage Insurance Policy the following exclusion is added Exclusion Of Terrorism Damage Coverage We will not pay for any injury damage loss or expense caused directly or indirectly by terrorism including action in hindering or defending against an actual or expected incident of terrorism. Any injury damage loss or expense is excluded regardless of any other cause or event that contributes concurrently or in any sequence to such injury damage loss or expense. But this exclusion applies only when one or more of the following are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or device that involves or produces a nuclear reaction nuclear radiation or radioactive contamination or CA 23841013 Insurance Services Office Inc. 2013 Insured Copy Page 1 of 3 | 2 |
2. Radioactive material is released and it appears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions or 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigurement or c. Protracted loss of or impairment of the function of a bodily member or organ. Multiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraphs B.5. and B.6. are exceeded. With respect to this exclusion Paragraphs B.5. and B.6. describe the thresholds used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. When the exclusion applies to an incident of terrorism there is no coverage under this Coverage Form Policy or any applicable endorsement. C. With respect to Physical Damage Coverage Trailer Interchange Coverage Garagekeepers Coverage Garagekeepers Coverage Customers Sound Receiving Equipment or the Single Interest Automobile Physical Damage Insurance Policy the following exclusion is added Exclusion Of Terrorism We will not pay for any loss loss of use or rental reimbursement after loss caused directly or indirectly by terrorism including action in hindering or defending against an actual or expected incident of terrorism. But this exclusion applies only when one or more of the following are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or device that involves or produces a nuclear reaction nuclear radiation or radioactive contamination or 2. Radioactive material is released and it appears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions. Multiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the threshold in Paragraph C.5. is exceeded. Page 2 0f 3 Insurance Services Office Inc. 2013 Insured Copy CA 23841013 | 2 |
With respect to this exclusion Paragraph C.5. describes the threshold used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. When the exclusion applies to an incident of terrorism there is no coverage under this Coverage Form Policy or any applicable endorsement. D. In the event of any incident of terrorism that is not subject to the exclusion in Paragraph B. or C. coverage does not apply to any injury damage loss or expense that is otherwise excluded under this Coverage Form Policy or any applicable endorsement. CA 23841013 Insurance Services Office Inc. 2013 Insured Copy Page 3 of 3 | 2 |
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