text stringlengths 1 8.07k | labels int64 0 2 |
|---|---|
3 Collision only if the Declarations indicates that Collision Coverage is provided for any covered auto. However the most we will pay for any expenses for loss of use is 20 per day to a maximum of 600. B. Exclusions 1. We will not pay for loss caused by or resulting from any of the following. Such loss is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. a. Nuclear Hazard 1 The explosion of any weapon employing atomic fission or fusion or 2 Nuclear reaction or radiation or radioactive contamination however caused. b. War Or ary Action 1 War including undeclared or civil war 2 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 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. 2. We will not pay for loss to any covered auto while used in any professional or organized racing or demolition contest or stunting activity or while practicing for such contest or activity. We will also not pay for loss to any covered auto while that covered auto is being prepared for such a contest or activity. 3. We will not pay for loss due and confined to a. Wear and tear freezing mechanical or electrical breakdown. b. Blowouts punctures or other road damage to tires. This exclusion does not apply to such loss resulting from the total theft of a covered auto. 4. We will not pay for loss to any of the following a. Tapes records discs or other similar audio visual or data electronic devices designed for use with audio visual or data electronic equipment. 3 b. Any device designed or used to detect speed measuring equipment such as radar or laser detectors and any jamming apparatus intended to elude or disrupt speed measuring equipment. c. Any electronic equipment without regard to whether this equipment is permanently installed that reproduces receives or transmits audio visual or data signals. d. Any accessories used with the electronic equipment described in Paragraph c. above. 5. Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the auto s electrical system that at the time of loss is a. Permanently installed in or upon the covered auto b. Removable from a housing unit which is permanently installed in or upon the covered auto c. An integral part of the same unit housing any electronic equipment described in Paragraphs a. and b. above or d. Necessary for the normal operation of the covered auto or the monitoring of the covered auto s operating system. 6. We will not pay for loss to a covered auto due to diminution in value. C. Limits Of Insurance 1. The most we will pay for a. Loss to any one covered auto is the lesser of 1 The actual cash value of the damaged or stolen property as of the time of the loss or 2 The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. b. All electronic equipment that reproduces receives or transmits audio visual or data signals in any one loss is 1000 if at the time of loss such electronic equipment is 1 Permanently installed in or upon the covered auto in a housing opening or other location that is not normally used by the auto manufacturer for the installation of such equipment CA00011013 Insurance Services Office Inc. 2011 Page 7 of 12 | 2 |
2 Removable from a permanently installed housing unit as described in Paragraph b.1 above or 3 An integral part of such equipment as described in Paragraphs b.1 and b.2 above. 2. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total loss. 3. If a repair or replacement results in better than like kind or quality we will not pay for the amount of the betterment. D. Deductible For each covered auto our obligation to pay for repair return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to loss caused by fire or lightning. SECTION IV BUSINESS AUTO CONDITIONS The following conditions apply in addition to the Common Policy Conditions A. Loss Conditions 1. Appraisal For Physical Damage Loss If you and we disagree on the amount of loss either may demand an appraisal of the loss. In this event each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The appraisers will state separately the actual cash value and amount of loss. If they fail to agree they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will a. Pay its chosen appraiser and b. Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal we will still retain our right to deny the claim. 2. Duties In The Event Of Accident Claim Suit Or Loss 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 accident claim suit or loss you must give us or our authorized representative prompt notice of the accident or loss. Include 1 How when and where the accident or loss occurred 2 The insured s name and address and 3 To the extent possible the names and addresses of any injured persons and witnesses. b. Additionally you and any other involved insured must 1 Assume no obligation make no 2 3 4 5 payment or incur no expense without our consent except at the insured s own cost. Immediately send us copies of any request demand order notice summons or legal paper received concerning the claim or suit. Cooperate with us in the investigation or settlement of the claim or defense against the suit. Authorize us to obtain medical records or other pertinent information. Submit to examination at our expense by physicians of our choice as often as we reasonably require. c. If there is loss to a covered auto or its equipment you must also do the following 1 Promptly notify the police if the covered auto or any of its equipment is stolen. 2 Take all reasonable steps to protect the 3 4 covered auto from further damage. Also keep a record of your expenses for consideration in the settlement of the claim. Permit us to inspect the covered auto and records proving the loss before its repair or disposition. Agree to examinations under oath at our request and give us a signed statement of your answers. 3. Legal Action Against Us No one may bring a legal action against us under this Coverage Form until a. There has been full compliance with all the terms of this Coverage Form and Under Covered Autos Liability Coverage we agree in writing that the insured has an obligation to pay or until the amount of that obligation has finally been determined by judgment after trial. No one has the right under this policy to bring us into an action to determine the insured s liability. b. Page 8 of 12 Insurance Services Office Inc. 2011 CA00011013 | 2 |
4. Loss Payment Physical Damage Coverages At our option we may a. Pay for repair or replace damaged or stolen property b. Return the stolen property at our expense. We will pay for any damage that results to the auto from the theft or c. Take all or any part of the damaged or stolen property at an agreed or appraised value. If we pay for the loss our payment will include the applicable sales tax for the damaged or stolen property. 5. Transfer Of Rights Of Recovery Against Others To Us 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. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the insured or the insured s estate will not relieve us of any obligations under this Coverage Form. 2. Concealment Misrepresentation Or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other insured at any time intentionally conceals or misrepresents a material fact concerning a. This Coverage Form b. The covered auto c. Your interest in the covered auto or d. A claim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge your policy will automatically provide the additional coverage as of the day the revision is effective in your state. 4. No Benefit To Bailee Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding storing or transporting property for a fee regardless of any other provision of this Coverage Form. CA00011013 Insurance Servic 5. Other Insurance a. For any covered auto you own this Coverage Form provides primary insurance. For any covered auto you do nt own the insurance provided by this Coverage Form is excess over any other collectible insurance. However while a covered auto which is a trailer is connected to another vehicle the Covered Autos Liability Coverage this Coverage Form provides for the trailer is 1 Excess while it is connected to a motor vehicle you do not own or 2 Primary while it is connected to a covered auto you own. b. For Hired Auto Physical Damage Coverage any covered auto you lease hire rent or borrow is deemed to be a covered auto you own. However any auto that is leased hired rented or borrowed with a driver is not a covered auto. c. Regardless of the provisions of Paragraph a. above this Coverage Form s Covered Autos Liability Coverage is primary for any liability assumed under an insured contract. d. When this Coverage Form and any other Coverage Form or policy covers on the same basis either excess or primary we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. 6. Premium Audit a. The estimated premium for this Coverage Form is based on the exposures you told us you would have when this policy began. We will compute the final premium due when we determine your actual exposures. 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. The due date for the final premium or retrospective premium is the date shown as the due date on the bill. 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 Coverage Form will be computed annually based on our rates or premiums in effect at the beginning of each year of the policy. Insurance Services Office Inc. 2011 Page 9 of 12 | 2 |
7. Policy Period Coverage Territory Under this Coverage Form we cover accidents and losses occurring a. During the policy period shown in the Declarations and b. Within the coverage territory. The coverage territory is 1 The United States of America 2 The territories and possessions of the United States of America 3 Puerto Rico 4 Canada and 5 Anywhere in the world if a covered auto of the private passenger type is leased hired rented or borrowed without a driver for a period of 30 days or less provided that the insured s responsibility to pay damages is determined in a suit on the merits in the United States of America the territories and possessions of the United States of America Puerto Rico or Canada or in a settlement we agree to. We also cover loss to or accidents involving a covered auto while being transported between any of these places. 8. Two Or More Coverage Forms Or Policies Issued By Us If this Coverage Form and any other Coverage Form or policy issued to you by us or any company affiliated with us applies to the same accident the aggregate maximum Limit of Insurance under all the Coverage Forms or policies shall not exceed the highest applicable Limit of Insurance under any one Coverage Form or policy. This condition does not apply to any Coverage Form or policy issued by us or an affiliated company specifically to apply as excess insurance over this Coverage Form. SECTION V DEFINITIONS A. Accident includes continuous or repeated exposure to the same conditions resulting in bodily injury or property damage.. Auto means 1. A land motor vehicle trailer or semitrailer designed for travel on public roads or 2. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment.. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these.. Covered pollution cost or expense means any cost or expense arising out of 1. Any request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2. Any claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. Covered pollution cost or expense does not include any cost or expense arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a. That are or that are contained in any property that is 1 Being transported or towed by handled or handled for movement into onto or from the covered auto 2 Otherwise in the course of transit by or on behalf of the insured or 3 Being stored disposed of treated or processed in or upon the covered auto b. Before the pollutants or any property in which the pollutants are contained are moved from the place where they are accepted by the insured for movement into or onto the covered auto or c. After the pollutants or any property in which the pollutants are contained are moved from the covered auto to the place where they are finally delivered disposed of or abandoned by the insured. Page 10 of 12 Insurance Services Office Inc. 2011 CA00011013 | 2 |
Paragraph a. above does not apply to fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of the covered auto or its parts if 1 The pollutants escape seep migrate or are discharged dispersed or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and The bodily injury property damage or covered pollution cost or expense does not arise out of the operation of any equipment listed in Paragraph 6.b. or 6.c. of the definition of mobile equipment. Paragraphs b. and c. above do not apply to accidents that occur away from premises owned by or rented to an insured with respect to pollutants not in or upon a covered auto if 2 a The pollutants or any property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of a covered auto and b The discharge dispersal seepage migration release or escape of the pollutants is caused directly by such upset overturn or damage. Diminution in value means the actual or perceived loss in market value or resale value which results from a direct and accidental loss.. Employee includes a leased worker. Employee does not include a temporary worker.. Insured means any person or organization qualifying as an insured in the Who Is An Insured provision of the applicable coverage. Except with respect to the Limit of Insurance the coverage afforded applies separately to each insured who is seeking coverage or against whom a claim or suit is brought.. Insured contract means 1. Alease of premises 2. A sidetrack agreement 3. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad 4. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality 5. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another to pay for bodily injury or property damage to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement or 6. That part of any contract or agreement entered into as part of your business pertaining to the rental or lease by you or any of your employees of any auto. However such contract or agreement shall not be considered an insured contract to the extent that it obligates you or any of your employees to pay for property damage to any auto rented or leased by you or any of your employees. An insured contract does not include that part of any contract or agreement a. That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks roadbeds tunnel underpass or crossing b. That pertains to the loan lease or rental of an auto to you or any of your employees if the auto is loaned leased or rented with a driver or c. That holds a person or organization engaged in the business of transporting property by auto for hire harmless for your use of a covered auto over a route or territory that person or organization is authorized to serve by public authority. I. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker.. Loss means direct and accidental loss or damage. K. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment 1. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads 2. Vehicles maintained for use solely on or next to premises you own or rent 3. Vehicles that travel on crawler treads CA00011013 Insurance Services Office Inc. 2011 Page 11 of 12 | 2 |
4. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted a. Power cranes shovels loaders diggers or drills or b. Road construction or resurfacing equipment such as graders scrapers or rollers 5. Vehicles not described in Paragraph 1. 2. 3. or 4. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types a. Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or b. Cherry pickers and similar devices used to raise or lower workers or 6. Vehicles not described in Paragraph 1. 2. 3. or 4. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos a. Equipment designed primarily for 1 Snow removal 2 Road maintenance but not construction or resurfacing or 3 Street cleaning b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and c. Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting or well servicing equipment. However mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos.. Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed.. Property damage means damage to or loss of use of tangible property.. Suit means a civil proceeding in which 1. Damages because of bodily injury or property damage or 2. Acovered pollution cost or expense to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages or covered pollution costs or expenses are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages or covered pollution costs or expenses are claimed and to which the insured submits with our consent.. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions.. Trailer includes semitrailer. Page 12 of 12 Insurance Services Office Inc. 2011 CA00011013 | 2 |
COMMERCIAL AUTO CA01381013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINNESOTA CHANGES For a covered auto licensed or principally garaged in Minnesota 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. A. The Common Policy Conditions are amended as follows The Examination Of Your Books And Records Condition applies except that the time we have to examine your records after the policy period is changed from three years to one year. B. The third paragraph of A. Coverage in Section Il Covered Autos Liability Coverage is replaced by the following We have the right and duty to defend any insured against a suit asking for such damages or a covered pollution cost or expense. However we have no duty to defend any insured against a suit seeking damages for bodily injury or property damage or a covered pollution cost or expense to which this insurance does not apply. We will settle or defend as we consider appropriate any claim or suit asking for damages which are payable under the terms of this Coverage Form. C. Paragraph A.2.a. Coverage Extensions of Section Il Covered Autos Liability Coverage is amended by the addition of the following 7 Prejudgment interest awarded against the insured on that part of the judgment we pay. If we offer to pay the applicable Limit of Insurance we will not pay any prejudgment interest based on that period of time after the offer. D. Paragraph C. Limit Of Insurance in Section Il Covered Autos Liability Coverage is revised by the addition of the following We will apply the Limit Of Insurance for Covered Autos Liability Coverage shown in the Declarations to provide separate limits required by law for bodily injury liability and property damage liability. However this provision will not change our total Limit of Insurance. E. Paragraph A.2. of Section Il Trailer Interchange Coverage in the Motor Carrier Coverage Form is replaced by the following 2. We have the right and duty to defend any insured against a suit asking for these damages. However we have no duty to defend any insured against a suit seeking damages for any loss to which this insurance does not apply. We will settle or defend as we consider appropriate any claim or suit asking for damages which are payable under the terms of this Coverage Form. F. Paragraph A.3. Coverage Extensions of Section 1l Trailer Interchange Coverage in the Motor Carrier Coverage Form is revised by the addition of the following f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we offer to pay the applicable Limit of Insurance we will not pay any prejudgment interest based on that period of time after the offer. G. The Conditions are amended as follows 1. The Appraisal For Physical Damage Loss Condition is replaced by the following 1. Appraisal For Physical Damage Loss If you and we disagree on the amount of loss and the disputed amount is a. 10000 or less both parties must submit to appraisal or b. More than 10000 either party may demand an appraisal of the loss. E. Paragraph A.2. of Section Il Trailer Interchange Coverage in the Motor Carrier Coverage Form is replaced by the following 2. We have the right and duty to defend any insured against a suit asking for these damages. However we have no duty to defend any insured against a suit seeking damages for any loss to which this insurance does not apply. We will settle or defend as we consider appropriate any claim or suit asking for damages which are payable under the terms of this Coverage Form. F. Paragraph A.3. Coverage Extensions of Section 1l Trailer Interchange Coverage in the Motor Carrier Coverage Form is revised by the addition of the following f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we offer to pay the applicable Limit of Insurance we will not pay any prejudgment interest based on that period of time after the offer. G. The Conditions are amended as follows 1. The Appraisal For Physical Damage Loss Condition is replaced by the following 1. Appraisal For Physical Damage Loss If you and we disagree on the amount of loss and the disputed amount is a. 10000 or less both parties must submit to appraisal or b. More than 10000 either party may demand an appraisal of the loss. CA01381013 Insurance Services Office Inc. 2013 Page 1 of 2 | 2 |
In the event of an appraisal each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The appraisers will state separately the actual cash value and amount of loss. If they fail to agree they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will a. Pay its chosen appraiser and b. Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal we still retain our right to deny the claim. 2. The lead in wording of the Duties In The Event Of Accident Claim Suit Or Loss Condition is replaced by the following The following duties apply 3. Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following a. Our rights under this condition with respect to all coverages other than Covered Autos Liability Coverage 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. 2 b. Our rights are subject to any applicable limitations contained in the Minnesota statutes. c. With respect to Physical Damage if you have received less than all of your deductible amount after a subrogation settlement or judgment you will retain your right to recover the remaining portion of the deductible from parties liable for the loss. d. Our rights 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. 4. Paragraph B.1. Bankruptcy is replaced by the following 1. Bankruptcy Bankruptcy insolvency or dissolution of the insured or the insured s estate will not relieve us of any obligations under this Coverage Form. 5. The Concealment Misrepresentation Or Fraud Condition is amended as follows a. With respect to Covered Autos Liability Coverage the Concealment Misrepresentation Or Fraud Condition does not apply. b. With respect to other than Covered Autos Liability Coverage the Concealment Misrepresentation Or Fraud Condition is replaced by the following We will not pay for any loss or damage in any case of fraud by you at any time as it relates to this Coverage Form. We will not pay for any loss or damage if you or any other insured at any time intentionally conceals or misrepresents a material fact concerning 1 This Coverage Form 2 The covered auto 3 Your interest in the covered auto or 4 A claim under this Coverage Form. Page 2 of 2 Insurance Services Office Inc. 2013 CA01381013 | 2 |
COMMERCIAL AUTO CA01601013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IOWA CHANGES This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided under this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. Changes In Conditions The following is added to the Legal Action Against Us Condition However a judgment creditor shall have a right to sue us to recover an execution on a judgment returned unsatisfied against an insured to the same extent that such insured could have enforced the insured s claim against us had the insured paid such judgment but we will not be liable for damages that are in excess of the applicable limit of insurance. CA01601013 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
COMMERCIAL AUTO CA01661013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES POLLUTION EXCLUSION For a covered auto licensed or principally garaged in or auto dealer operations conducted in Missouri 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 this endorsement. A. Changes In Covered Autos Liability Coverage 2. The following is added to Exclusion 2.l The following is added to the Pollution Exclusion POIIU. of Paragraph B. Personal And 3. N 3 Advertising Injury Liability This Pollution Exclusion applies even if such..... irritant or contaminant has a function in your This P9t EXCIUSOH applies even if business operations premises site or location. such irritant or contaminant has a function o in your business operations premises site B. Changes In General Liability Coverages or location. With respect to the Auto Dealers Coverage Form 1. The following is added to Exclusion 2.f. Pollution of Paragraph A. Bodily Injury And Property Damage Liability or to any amendment to or replacement thereof This Pollution Exclusion applies even if such irritant or contaminant has a function in your business operations premises site or location. 2. The following is added to Exclusion 2.l Pollution of Paragraph B. Personal And Advertising Injury Liability This Pollution Exclusion applies even if such irritant or contaminant has a function in your business operations premises site or location. CA 01661013 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
COMMERCIAL AUTO CA02181013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINNESOTA 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 this policy covers fewer than five autos of the private passenger type not rated on a fleet basis or this policy is a plan of reparation security insuring fewer than five autos rated on a commercial or fleet basis the Cancellation Common Policy Condition does not apply. The following conditions apply instead 1. Cancellation a. The first Named Insured may cancel the policy by mailing or delivering to us advance written notice of cancellation. b. Policies In Effect Less Than 60 Days When this policy is in effect less than 60 days and is not a renewal or continuation policy we may cancel for any reason by mailing or delivering written notice of cancellation to the first Named Insured 1 So as to be received at least 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 At least 30 days before the effective date of cancellation if we cancel for any other reason. The notice of cancellation will state the reasons for cancellation. Information regarding moving traffic violations or motor vehicle accidents must be specifically requested on the application in order for us to cancel within the first 59 days of coverage for those incidents. c. Policies In Effect 60 Days Or More When this policy is in effect 60 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 obtained through a material misrepresentation Any insured made a false or fraudulent claim or knowingly aided or abetted another in the presentation of such a claim You failed to disclose fully your auto accidents and moving traffic violations for the preceding 36 months if called for in the written application for this policy You failed to disclose in the written application any requested information necessary for the acceptance or proper rating of the risk You knowingly failed to give any required notice of loss or notice of lawsuit commenced against you or when requested refused to cooperate in the investigation of a claim or defense of alawsuit 3 4 5 6 c. Policies In Effect 60 Days Or More When this policy is in effect 60 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 obtained through a material misrepresentation Any insured made a false or fraudulent claim or knowingly aided or abetted another in the presentation of such a claim You failed to disclose fully your auto accidents and moving traffic violations for the preceding 36 months if called for in the written application for this policy You failed to disclose in the written application any requested information necessary for the acceptance or proper rating of the risk 6 You knowingly failed to give any required notice of loss or notice of lawsuit commenced against you or when requested refused to cooperate in the investigation of a claim or defense of a lawsuit 3 4 5 CA02181013 Insurance Services Office Inc. 2012 Page 1 of 4 | 2 |
7 You or any driver who either lives with you or customarily uses a covered auto a Has had his or her driver s license suspended or revoked within the 36 months prior to the notice of cancellation because of a moving traffic violation or a refusal to be tested for being under the influence of alcohol Is or becomes subject to epilepsy or heart attacks and does not produce a physician s certificate stating that he or she can operate an auto safely Has an accident or conviction record physical or mental condition any one or all of which are such that his or her operation of an auto might endanger the public safety Has been convicted or forfeited bail during the 24 months immediately preceding the notice of cancellation for criminal negligence in the use or operation of an auto or assault arising out of the use of an auto or operating an auto while in an intoxicated condition or while under the influence of drugs or leaving the scene of an accident without stopping to report or making false statements in an application for a driver s license or theft or unlawful taking of an auto Has been convicted of or forfeited bail for one or more violations within the 18 months before the notice of cancellation of any law ordinance or regulation which justify a revocation of a driver s license However Subparagraphs a through e above do not apply with respect to any driver who either lives with you or customarily uses a covered auto if that driver is identified as a named insured in another coverage form or policy as an insured. 8 A covered auto is a So mechanically defective that its operation might endanger public safety or b Used in carrying passengers for hire or compensation. This does not include car pools or b c d e c Used in the business of transporting flammables or explosives or d An authorized emergency vehicle or e Subject to an inspection law and has not been inspected or if inspected has failed to qualify within the period specified under such inspection law or f Substantially changed in type or condition during the policy period increasing the risk substantially or so as to give clear evidence of a use other than the original use. 9 We replace this policy with another one providing similar coverages and the same rates and 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. If we cancel for any reason described in Paragraphs c.1 through 9 above we will give written notice of cancellation to the first Named Insured at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 30 days before the effective date of cancellation if we cancel for any other reason described in Paragraphs c.2 through.9. The effective date of cancellation stated in the notice shall become the effective date of cancellation.. If this policy is cancelled we will send the first Named Insured any premium refund due. Cancellation will be on a pro rata basis if the unearned premium is for a period of more than one month. If you request cancellation and the unearned premium is for a period of one month or less the refund may be less than pro rata. If we cancel cancellation will not become effective unless the premium refund due is returned to you with the notice of cancellation or is delivered or mailed to you so as to be received by you not later than the effective date of cancellation. If you cancel any premium refund due will be refunded within 30 days following our receipt of the request for cancellation.. Proof of mailing of any notice shall be sufficient proof of notice. Page 2 of 4 Insurance Services Office Inc. 2012 CA02181013 | 2 |
2. Nonrenewal a. If we decide not to renew or continue this policy we will give the first Named Insured written notice of our intent not to renew at least 60 days before the end of the policy period. Such notice will be mailed or delivered to the first Named Insured at the last mailing address known to us. 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 or deliver proper notice of nonrenewal and you obtain other insurance this policy will end on the effective date of that insurance. c. Proof of mailing of any notice shall be sufficient proof of notice. B. For all other policies not described in Paragraph A. above the Cancellation Common Policy Condition does not apply. The following Conditions apply instead 1. Cancellation a. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. b. We may cancel this policy subject to the provisions of. below by first class mailing or by delivery of a written notice of cancellation to the first Named Insured and any agent to their last mailing addresses known to us. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. c. Policies In Effect Less Than 90 Days If this policy is a new policy and has been in effect for fewer than 90 days we may cancel for any reason by giving notice at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 30 days before the effective date of cancellation if we cancel for any other reason. d. Policies In Effect 90 Days Or More If this policy has been in effect for 90 days or more or if it is a renewal of a policy we issued we may cancel only for one or more of the following reasons 1 Nonpayment of premium 2 Misrepresentation or fraud made by you or with your knowledge in obtaining the policy or in pursuing a claim under the policy 3 An act or omission by you that substantially increases or changes the risk insured Refusal by you to eliminate known conditions that increase the potential for loss after notification by us that the condition must be removed Substantial change in the risk assumed except to the extent that we should reasonably have foreseen the change or contemplated the risk in writing the contract 6 Loss of reinsurance by us which provided coverage to us for a significant amount of the underlying risk insured. Any notice of cancellation pursuant to this item shall advise the policyholder that he or she has 10 days from the date of receipt of the notice to appeal the cancellation to the commissioner of commerce and that the commissioner will render a decision as to whether the cancellation is justified because of the loss of reinsurance within 30 business days after receipt of the appeal 7 A determination by the commissioner that the continuation of the policy could place us in violation of the Minnesota insurance laws or 8 Nonpayment of dues to an association or organization other than an insurance association or organization where payment of dues is a prerequisite to obtaining or continuing such insurance. This provision for cancellation for failure to pay dues shall not be applicable to persons who are retired at 62 years of age or older or who are disabled according to social security standards. 4 5 CA02181013 Insurance Services Office Inc. 2012 Page 3 of 4 | 2 |
If we cancel for any reason described in Paragraphs d.1 through 8 above we will give notice at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium. The cancellation notice shall contain the information regarding the amount of premium due and the due date and shall state the effect of nonpayment by the due date. Cancellation shall not be effective if payment of the amount due is made prior to the effective date of cancellation or 60 days before the effective date if we cancel for any other reason described in Paragraphs d.2 through 8 above. The notice of cancellation will state the reason for cancellation.. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 2 f. Proof of mailing of any notice shall be sufficient proof of notice. 2. Nonrenewal If we decide not to renew or continue this policy we will give the first Named Insured and any agent notice of our intent not to renew at least 60 days before the expiration date. Such notice will be mailed or delivered to the first Named Insured and any agent at their last mailing addresses known to us. We need not mail or deliver this notice if you have a. Insured elsewhere b. Accepted replacement coverage or c. Agreed not to renew this policy. Proof of mailing of any notice shall be sufficient proof of notice. Page 4 of 4 Insurance Services Office Inc. 2012 CA02181013 | 2 |
COMMERCIAL AUTO CA01221013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS CHANGES 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. A. Changes In Covered Autos Liability Coverage c. The Fellow Employee Exclusion is 1. The paragraph within Supplementary replaced by the following Payments relating to court costs taxed against the insured is replaced by the following All costs taxed against the insured in any suit against the insured we defend.. Paragraph 2.b.4 of the Who Is An Insured provision of the Auto Dealers Coverage Form does not apply.. For coverage and limits required by the Kansas Financial Responsibility law Exclusions is changed as follows a. The Workers Compensation Exclusion is replaced by the following Workers Compensation Any obligation for which the insured or the insured s insurer may be held liable under any workers compensation disability benefits or any similar law. b. The Employee Indemnification And Employers Liability Exclusion is replaced by the following Employee Indemnification And Employers Liability This coverage does not apply to bodily injury to any employee of the insured arising out of and in the course of the employee s employment by the insured or while performing duties related to the conduct of the insured s business if benefits are required or available for the employee under any workers compensation or disability benefits law or under any similar law. This exclusion does not apply to liability assumed by the insured under an insured contract. Fellow Employee Bodily injury to any fellow employee of the insured arising out of and in the course of the fellow employee s employment or while performing duties related to the conduct of your business.. The Care Custody Or Control Exclusion is replaced by the following Care Custody Or Control This coverage does not apply to property damage to property owned by rented to or in charge of or transported by an insured. However this exclusion does not apply to property damage to a rented residence or private garage or to liability assumed by the insured under a sidetrack agreement.. The following is added to the War Exclusion This exclusion applies only to the extent that the limit of insurance for this coverage in this policy exceeds the limit required by the Kansas Automobile Injury Reparations Act. f. The Racing Exclusion does not apply.. The exclusion relating to bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal release or escape of pollutants does not apply if the discharge dispersal release or escape is sudden and accidental.. The Fellow Employee Exclusion is replaced by the following Fellow Employee Bodily injury to any fellow employee of the insured arising out of and in the course of the fellow employee s employment or while performing duties related to the conduct of your business.. The Care Custody Or Control Exclusion is replaced by the following Care Custody Or Control This coverage does not apply to property damage to property owned by rented to or in charge of or transported by an insured. However this exclusion does not apply to property damage to a rented residence or private garage or to liability assumed by the insured under a sidetrack agreement.. The following is added to the War Exclusion This exclusion applies only to the extent that the limit of insurance for this coverage in this policy exceeds the limit required by the Kansas Automobile Injury Reparations Act. f. The Racing Exclusion does not apply.. The exclusion relating to bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal release or escape of pollutants does not apply if the discharge dispersal release or escape is sudden and accidental. CA01221013 Insurance Services Office Inc. 2012 Page 1 of 2 | 2 |
4. Our Limit of Insurance applies except that we will apply the limit shown in the 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 b. 50000 for bodily injury to two or more persons caused by any one accident and c. 10000 for property damage caused by any one accident. This provision will not change our limit of insurance. B. Changes In Physical Damage Coverage 1. The Diminution In Value Exclusion does not apply. 2. The Limits Of Insurance provision with respect to repair or replacement resulting in better than like kind or quality in any coverage form or endorsement does not apply. C. Changes In Conditions 1. The following is added to the Loss Payment Physical Damage Coverages Condition An auto shall be deemed a total loss when such auto is required to be registered in this state and has been directly and accidentally wrecked or damaged to the extent that the total cost of repair is 75 or more of the fair market value in accordance with KAN. STAT. ANN. 8 197b2. 2. The Concealment Misrepresentation Or Fraud General Condition is replaced by the following Concealment Misrepresentation Or Fraud We will not pay under this coverage form if you or any other insured in relation to an insurance application rating claim or coverage under this policy knowingly and with intent to defraud a. Presents causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer purported insurer broker or any agent thereof any written statement which such person knows to contain materially false information concerning any material fact or b. Conceals information concerning any material fact for the purpose of misleading. 3. The Appraisal For Physical Damage Loss Condition is replaced by the following Appraisal For Physical Damage Loss If after a claim has been made a dispute arises because you and we disagree on the amount of the loss either party may make a written request for an appraisal of the loss. However an appraisal will be made only if both you and we agree voluntarily to have the loss appraised. If so agreed each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The appraisers will state separately the actual cash value and amount of loss. If they fail to agree they will submit their differences to the umpire. Each party will a. Pay its chosen appraiser and b. Bear the other expenses of the appraiser and umpire equally. If we submit to an appraisal we will still retain our right to deny the claim. An appraisal decision will be binding. Page 2 of 2 Insurance Services Office Inc. 2012 CA01221013 | 2 |
POLICY NUMBER GLA 5574238 01 POLICY NUMBER GLA 5574238 01 COMMERCIAL AUTO CA21701013 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 Data CA21701013 Insurance Services Office Inc. 2012 Page 1 of 4 | 2 |
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. 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. 4. 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. 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 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. 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 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 settlement 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 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 entitled 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. 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. That is 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 insured 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 CA21701013 | 2 |
POLICY NUMBER GLA 5574238 01 POLICY NUMBER GLA 5574238 01 COMMERCIAL AUTO CA21031013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WISCONSIN UNINSURED MOTORISTS COVERAGE For a covered auto licensed or principally garaged in or auto dealer operations conducted in Wisconsin 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 entitled to recover as compensatory damages b. Anyone else occupying a covered auto or a temporary substitute for a covered auto. The covered auto must be out of 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. 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. tive Data CA21031013 Insurance Services Office Inc. 2012 Page 1 of 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 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. 2. The Limit of Insurance under this coverage 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 Liability Coverage. 3. No one will be entitled to receive duplicate payments for the same elements of loss under this Coverage Form and any Liability Coverage form Underinsured Motorists Coverage endorsement or Uninsured Motorists Coverage endorsement. 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 make a duplicate payment to the extent amounts are paid or payable because of bodily injury under workers compensation disability benefits or similar law. Page 2 of 4 Insurance Services Office Inc. 2012 CA21031013 | 2 |
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. 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 the right to recover damages from another 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 only after the insured has been fully compensated for damages.. 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. 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. CA21031013 Insurance Services Office Inc. 2012 Page 3 of 4 | 2 |
. 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 applicable minimum limit for bodily injury liability specified in WIS. STAT. ch. 344. The applicable minimum limit is 1 50000 for each accident if the limit of liability is a single limit that applies for each accident or 2 25000 for each person50000 for each accident if the limit of liability is indicated as a split limit b. For which an insuring or bonding company denies coverage or is or becomes insolvent or c. That is 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 hit another vehicle that hits an insured covered auto or a vehicle an insured is occupying. d. That is a phantom motor vehicle and neither the driver nor owner can be identified. The vehicle must make no physical contact with the insured nor with a vehicle the insured is occupying and all of the following must apply 1 The facts of the accident must be corroborated by competent evidence that is provided by someone other than the insured or any other person who makes a claim against the uninsured motorists coverage as a result of the accident 2 Within 72 hours after the accident the insured or someone on behalf of the insured must report the accident to a police peace or judicial officer or to the department of transportation or if the accident occurs outside of Wisconsin the equivalent agency in the state where the accident occurs and 3 Within 30 days after the accident occurs the insured or someone on behalf of the insured must file with the insurer a statement under oath that the insured or a legal representative of the insured has a cause of action arising out of the accident for damages against a person whose identity is not ascertainable and setting forth the facts in support of the statement. However uninsured motor vehicle does not include any vehicle a. b. Owned by a governmental unit or agency Operated exclusively on rails or crawler treads. Designed for use mainly off public roads while not on public roads. Owned or operated by a self insurer under any applicable motor vehicle law except a self insurer which is or becomes insolvent or. That is an underinsured motor vehicle. Page 4 of 4 Insurance Services Office Inc. 2012 CA21031013 | 2 |
POLICY NUMBER GLA 5574238 01 POLICY NUMBER GLA 5574238 01 COMMERCIAL AUTO CA21041013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI UNINSURED MOTORISTS COVERAGE For a covered auto registered or principally garaged in or auto dealer operations conducted in Missouri 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 entitled to recover as compensatory damages B. Who Is An Insured If the Named Insured is designated in the Declarations as 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. No judgment for damages arising out of a suit brought against the owner or operator of an uninsured motor vehicle is binding on us unless we have 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. 1. Anindividual then the following are insureds a. The Named Insured and any family members. However this does not include any family member other than the Named Insured s spouse who owns an auto. 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. tive Data CA21041013 Insurance Services Office Inc. 2013 Page 1 of 3 | 2 |
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 if the settlement or judgment prejudices our right to recover payment. However this exclusion applies only to the extent that the limits of liability for Uninsured Motorists Coverage exceed the minimum limits of liability required by the financial responsibility law of Missouri. 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 any person while occupying or struck by any vehicle owned by the Named Insured or if the Named Insured is an individual any family member that is not a covered auto. However this exclusion does not apply to an individual Named Insured. 4. Anyone using a vehicle without a reasonable belief that the person is entitled to do so. 5. Punitive or exemplary damages. Bodily injury arising directly or indirectly out of b 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 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 Coverage shown in the Schedule or Declarations. However if bodily injury to which this coverage applies is sustained by any person other than an individual Named Insured or any family member the Limit of Insurance shown in the Schedule or Declarations for this coverage is also the most we will pay regardless of the number of covered autos. 2. If there are two or more covered autos that are not trailers and bodily injury is sustained by an individual Named Insured or any family member our Limit of Insurance for any one accident is the sum of the limits applicable to each covered auto which is not a trailer. Subject to this maximum limit of liability for all damages a. The most we will pay for all damages sustained in such accident by an insured other than an individual Named Insured or any family member is that insured s pro rata share of the limit shown in the Schedule or Declarations for this coverage at the time of the accident. b. An individual Named Insured or any family member who sustains bodily injury in such accident will also be entitled to a pro rata share of the limit described in Paragraph a. above. A person s pro rata share is the proportion that that person s damages bears to the total damages sustained by all insureds. 3. 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 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. However this does not include any amounts paid or payable under medical payments or any workers compensation disability benefits or similar law. E. Changes In Conditions The Conditions are changed for Missouri Uninsured 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 collectible insurance applies only to other collectible uninsured motorists insurance. 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 Page 2 of 3 Insurance Services Office Inc. 2013 CA21041013 | 2 |
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 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. 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 uninsured motor vehicle or do not agree as to the amount of damages that are recoverable by that insured both parties may agree to an 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 so agree then 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. 5. Two Or More Coverage Forms Or Policies Issued By Us does not apply. 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. That is 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. The facts of the accident must be proved. We may request supporting evidence beyond the testimony of a person making a claim under this or any similar coverage to support the validity of such claim. 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. Designed for use mainly off public roads while not on public roads. CA21041013 Insurance Services Office Inc. 2013 Page 3 of 3 | 2 |
POLICY NUMBER GLA 5574238 01 POLICY NUMBER GLA 5574238 01 COMMERCIAL AUTO CA21121013 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 2. With respect to damages resulting from an 1. We will pay all sums the insured is legally 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 Data CA21121013 Insurance Services Office Inc. 2012 Page 1 of 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 settiement 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. 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 afttack 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 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 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 settlement 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 entitled 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 CA21121013 | 2 |
POLICY NUMBER GLA 5574238 01 POLICY NUMBER GLA 5574238 01 COMMERCIAL AUTO CA21241013 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 Endorsement Effective Date SCHEDULE Limit Of Insurance 1000000 Uninsured Motorists Coverage Each Accident Underinsured Motorists Coverage 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 2. Any judgment for damages arising out of a suit brought against an uninsured or 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. underinsured motorist is not binding on us unless we have a. Received reasonable notice of the commencement of the suit resulting in 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 Data CA21241013 Insurance Services Office Inc. 2012 Page 1 of 6 | 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 with the owner or operator of an uninsured motor vehicle without our consent. 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. 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. Page 2 of 6 Insurance Services Office Inc. 2012 CA21241013 | 2 |
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. 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. b CA21241013 Insurance Services Office Inc. 2012 Page 3 of 6 | 2 |
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 Disclose the limits of the automobile liability insurance available to the owner or driver of the underinsured motor vehicle and 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. 2 3 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 1 That payment will be separate from any amount the insured is entitled to recover under the provisions of Underinsured Motorists Coverage and 2 We also have a right to recover the advance payment. 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 2 Page 4 of 6 Insurance Services Office Inc. 2012 CA21241013 | 2 |
2 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 entitled 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. 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. 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. That is 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 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.. 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 CA21241013 Insurance Services Office Inc. 2012 Page 5 of 6 | 2 |
. Designed for use mainly off public roads while not on public roads. That is an uninsured motor vehicle. 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. 2012 CA21241013 | 2 |
POLICY NUMBER GLA 5574238 01 POLICY NUMBER GLA 5574238 01 COMMERCIAL AUTO CA21301013 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 1000 000 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. tive Data CA21301013 Insurance Services Office Inc. 2012 Page 1 of 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 Insurance 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. 20000 for bodily injury to any one person caused by any one accident and b. 40000 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 Insurance 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. 2012 CA21301013 | 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 entitled 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 llinois 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. In all other arbitration proceedings local rules of law as to arbitration procedure and evidence will apply. 2 CA21301013 Insurance Services Office Inc. 2012 Page 3 of 4 | 2 |
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 50000 for bodily injury to any one person100000 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. That is 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. 2012 CA21301013 | 2 |
POLICY NUMBER GLA 5574238 01 POLICY NUMBER GLA 5574238 01 COMMERCIAL AUTO CA21371013 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 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. A tentative settlement has been made 1. We will pay all sums the insured is legally between an Insured and the Insurer of a entitled to recover as damages from the owner vehicle desc fbe d in Paragraph b. 01 the or driver of an uninsured motor vehicle. The definition of uninsured motor vehicle and damages must result from bodily injury we 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 ownership maintenance or use of the uninsured motor vehicle. 2 Advance payment to the insured in an amount equal to the tentative settlement within 60 days after receipt of 2. With respect to damages resulting from an notification. accident with a vehicle described in Paragraph b. of the definition of uninsured B. Who Is An Insured... motor vehicle we will pay under this coverage If the Named Insured is designated in the only if a. or b. below applies Declarations as a. The limit of any applicable liability bonds or 1. Anindividual then the following are insureds policies has been exhausted by payment of a. The Named Insured and any family judgments or settlements or 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 Data CA21371013 Insurance Services Office Inc. 2012 Page 1 of 4 | 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. 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. 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. odily 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 sureds 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. Any amount paid under this insurance will reduce any amount an insured may be paid under the 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. 2012 CA21371013 | 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 entitled 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 after a claim has been made a dispute arises because 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 parties may agree to arbitration. One party can not force the other party into arbitration. However disputes concerning coverage under this endorsement may not be arbitrated. If the parties agree to arbitration 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 CA21371013 Insurance Services Office Inc. 2012 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. Any decision agreed to by the arbitrators will not 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. 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 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. For which an insuring or bonding company denies coverage or is or becomes insolvent d. For which neither the driver nor owner can be identified. The vehicle must either 1 2 Hit an insured a covered auto or a vehicle an insured is occupying or 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. c. Designed for use mainly off public roads while not on public roads. a. Page 4 of 4 Insurance Services Office Inc. 2012 CA21371013 | 2 |
POLICY NUMBER GLA 5574238 01 POLICY NUMBER GLA 5574238 01 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. A. Coverage b. We and an insured have reached a 1. We will pay all sums the insured is legally settlement agreement. entitled to recover as compensatory damages 3. Any judgment for damages arising out of a from the owner or driver of an underinsured suit brought without written notice to us is not motor vehicle. The damages must result from binding on us. bodily injury sustained by the insured B. Who Is An 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 If the Named Insured is designated in the Declarations as underinsured motor vehicle. 1. Anindividual then the following are insureds 2. We will pay only after all liability bonds or a. The Named Insured and any family policies have been exhausted by payment of members. judgments or settlements unless b. Anyone else occupying a covered auto a. We have been given prompt written notice or a temporary substitute for a covered of a tentative settiement and decide to auto. The covered auto must be out of advance payment to the insured in an service because of its breakdown repair amount equal to that tentative settlement servicing loss or destruction. within 30 days after receipt of notification or tive Data CA 21381013 Insurance Services Office Inc. 2012 Page 1 of 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. 2. 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 CA21381013 | 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. 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 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. 5. 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 CA21381013 | 2 |
POLICY NUMBER GLA 5574238 01 POLICY NUMBER GLA 5574238 01 COMMERCIAL AUTO CA31041013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI UNDERINSURED MOTORISTS COVERAGE For a covered auto licensed or principally garaged in or auto dealer operations conducted in Missouri 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. A tentative settlement has been made 1. We will pay all sums the insured is legally Petveen an dmsured afjlth e mzurerof the entitled to recover as compensatory damages underinsured motor vehicle and we from the owner or driver of an underinsured 1 Have been given prompt written notice motor vehicle. The damages must result from of such tentative settlement and 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 limit of any applicable liability bonds or policies has been exhausted by payment of judgments or settlements or 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 without our written consent is not binding on us. tive Data CA31041013 Insurance Services Office Inc. 2012 Page 1 of 4 | 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. However this does not include any family member other than the Named Insured s spouse who owns an auto. 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. The direct or indirect benefit of any insurer or self insurer under any workers compensation disability benefits or similar law. Bodily injury sustained by any person while occupying or struck by any vehicle owned by the Named Insured or if the Named Insured is an individual any family member that is not a covered auto. However this exclusion does not apply to an individual Named Insured. 3. Anyone using a vehicle without a reasonable belief that the person is entitled to do so. 4. Punitive or exemplary damages. 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 b 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 Underinsured Motorists Coverage shown in the Schedule or Declarations. 2. We will not pay for any element of loss if a person is entitled to receive duplicate payment under any of the following or similar law a. Workers compensation law or b. Disability benefits law. 3. No one will be entitled to receive duplicate payments for the same elements of loss under this coverage and this policy s Covered Autos Liability Coverage. 4. 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. E. Changes In Conditions The Conditions are changed for Missouri 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. Subject to all other provisions of this policy including but not limited to 1 Exclusion C.2. of this endorsement 2 Paragraph D. Limit Of Insurance of this endorsement 3 Paragraph E.1.a. of the Other Insurance Condition of this endorsement and Page 2 of 4 Insurance Services Office Inc. 2012 CA31041013 | 2 |
4 The Two Or More Coverage Forms Or Policies Issued By Us Condition of this policy 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. 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 b. Promptly send us copies of the legal papers if a suit is brought and 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 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. 3. 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. 2 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 written 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 a. That payment will be separate from any amount the insured is entitied to recover under the provisions of Underinsured Motorists Coverage and b. We also have a right to recover the advanced payment. 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 an 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 so agree then 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. CA31041013 Insurance Services Office Inc. 2012 Page 3 of 4 | 2 |
. Occupying means in upon getting in on out or off.. Underinsured motor vehicle means a land motor vehicle or trailer for which a bodily injury liability bond or policy applies at the time of an 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. However underinsured motor vehicle does not include any vehicle a. Owned or operated by a self insurer under any applicable motor vehicle law or b. Designed for use mainly off public roads while not on public roads. Page 4 of 4 Insurance Services Office Inc. 2012 CA31041013 | 2 |
POLICY NUMBER GLA 5574238 01 POLICY NUMBER GLA 5574238 01 COMMERCIAL AUTO CA22251013 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 Endorsement Effective Date 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. tive Data CA22251013 Insurance Services Office Inc. 2012 Page 1 0of 8 | 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 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 if greater than the expense incurred. 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 CA22251013 Insurance Services Office Inc. 2012 Page 2 of 8 | 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. 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.. 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 entitied to any survivors loss benefits.. 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.. 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.. 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 is 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. CA22251013 Insurance Services Office Inc. 2012 Page 3 of 8 | 2 |
10. 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. 11. 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. 12. Sustained by any person arising out of the maintenance or use of a motor vehicle while located for use as a residence or premises. 13. 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. 14. Resulting from the radioactive toxic explosive or other hazardous properties of nuclear material. 15. 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 250 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 2000. 4 The maximum amount payable for survivors loss benefits a With respect to Paragraph A.5.a. of the definiton of survivors loss benefits shall not exceed 200 per week and With respect to Paragraph A.5.b. of the definiton of survivors loss benefits shall not exceed 200 per week. b 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. Page 4 of 8 Insurance Services Office Inc. 2012 CA22251013 | 2 |
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. 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 250 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 2000 per insured motor vehicle. 4 The maximum amount payable for survivors loss benefits a With respect to Paragraph A.5.a. of the definiton of survivors loss benefits shall not exceed 200 per week per insured motor vehicle and b With respect to Paragraph A.5.b. of the definiton 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. In the 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. CA22251013 Insurance Services Office Inc. 2012 Page 5 of 8 | 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 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. 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 limitations set forth in the Minnesota statutes in the event of any payment under this coverage we are subrogated to the rights of the person to whom or for whose benefit such payments were made to the extent of such payments and such person shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. Such person shall do nothing after loss to prejudice such rights. a. Our rights under this condition do not apply against 1 The person or organization legally responsible for damages if we also insure that person or organization for the same loss or damages or 2 Any insured. b. 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. 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. 2 Page 6 of 8 Insurance Services Office Inc. 2012 CA22251013 | 2 |
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. Coordination Nonduplication And Priority Of Payments Subject to any applicable limitations set forth in the Minnesota statutes in the event of any payment to any person under this coverage a. We shall be entitied to the extent of such payment to the proceeds of any settlement or judgment that may result from the exercise of any rights of recovery of such person against any person or organization legally responsible for the bodily injury because of which such payment is made and we shall have a lien to the extent of such payment notice of which may be given to the person or organization causing such bodily injury his or her agent his or her insurer or a court having jurisdiction in the matter b. Such person shall hold in trust for our benefit all rights of recovery which he or she shall have against such other person or organization because of such bodily injury c. Such person shall do whatever is proper to secure and shall do nothing after loss to prejudice such right and d. Such person shall execute and deliver to us instruments and papers as may be appropriate to secure the rights and obligations of such person and us established by this provision. 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. 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. 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 CA22251013 Insurance Services Office Inc. 2012 Page 7 of 8 | 2 |
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. 4. 5. 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. Page 8 of 8 Insurance Services Office Inc. 2012 CA22251013 | 2 |
POLICY NUMBER GLA 5574238 01 POLICY NUMBER GLA 5574238 01 COMMERCIAL AUTO CA22141013 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 Data CA22141013 Insurance Services Office Inc. 2012 Page 1 of 5 | 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. 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. 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.. If you are an individual any family member i the family member sustains bodily injury while occupying or as a pedestrian through direct physical contact with any motor vehicle.. 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.. Sustained by any person operating the covered auto without your express or implied consent.. 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.. 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.. 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.. 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 CA22141013 | 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 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 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 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. b 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 Page 3 of 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.. Concealment Misrepresentation Or Fraud does not apply. 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. Inthe 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.. 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 CA22141013 | 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 Page 5 of 5 | 2 |
COMMERCIAL AUTO CA 24021013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PUBLIC TRANSPORTATION AUTOS This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. Covered Autos Liability Coverage for a covered auto licensed or used to transport the public is changed as follows The Care Custody Or Control Exclusion does not apply to property damage to or covered pollution cost or expense involving property of the insured s passengers while such property is carried by the covered auto. CA24021013 Insurance Services Office Inc. 2011 Page 1 of 1 | 2 |
COMMERCIAL AUTO CA 99031013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO MEDICAL PAYMENTS COVERAGE 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 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. 2.. Who Is An Insured 1. You while occupying or while a pedestrian when struck by any auto. If you are an individual any family member while occupying or while a pedestrian when struck by any auto.. 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.. 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.. 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. 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 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. CA99031013 Insurance Services Office Inc. 2011 Page 1 of 2 | 2 |
7. Bodily injury to anyone using a vehicle without a reasonable belief that the person is entitled to do so. odily 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.. 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 The Conditions are changed for Auto Medical Payments Coverage as follows 1. 2. The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply. 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. F. Additional Definitions As used in this endorsement 1. 2. 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. Occupying means in upon getting in on out or off. Page 2 of 2 Insurance Services Office Inc. 2011 CA99031013 | 2 |
COMMERCIAL AUTO CA 99241013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WISCONSIN AUTO MEDICAL PAYMENTS COVERAGE 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 We will pay reasonable expenses incurred for necessary medical chiropractic 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. B. Who Is An Insured 1. You while occupying or while a pedestrian when struck by any auto. 2. If you are an individual any family member while occupying or while a pedestrian when struck by any auto. 3. 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. 4. Anyone else occupying an auto you do not own who is an insured for liability under the Coverage Form but only at times when that person is an insured for liability under the Coverage Form. C. 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. 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 entitled to do so.. 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 99241013 Insurance Services Office Inc. 2012 Page 1 of 2 | 2 |
odily 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.. 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 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. 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 CA99241013 | 2 |
Z ZURICH 2013 Commercial Auto Multistate Forms Revision Advisory Notice To Policyholders This is a summary of the major changes to your policy. No coverage is provided by this summary nor can it be construed to replace any provisions of your policy or endorsements. You should read your policy and review your Declarations page for complete information on the coverages you are provided. If there is any conflict between the Policy and this summary THE PROVISIONS OF THE POLICY SHALL PREVAIL. Highlighted below are areas within the Policy that broaden reduce or reinforce coverage. This notice does not reference every change including editorial changes made in your policy. COVERAGE FORMS REINFORCEMENTS OF COVERAGE Revision To Liability Coverage Form References CA 00 01 Business Auto Coverage Form CA 00 20 Motor Carrier Coverage Form References to Liability Coverage that pertain to auto liability in the Business Auto Coverage Form and Motor Carrier Coverage Form are replaced with Covered Autos Liability Coverage to distinguish such coverage from the other types of liability coverages that may be included in your policy. Revisions To Physical Damage Coverage CA 00 01 Business Auto Coverage Form CA 00 05 Motor Carrier Coverage Form The Limits Of Insurance provision under Physical Damage Coverage is reinforced to reflect that loss rather than accident triggers coverage under this section. MULTISTATE ENDORSEMENTS BROADENINGS OF COVERAGE NEW OPTIONAL ENDORSEMENTS CA 23 30 Motor Carrier Endorsement In general this endorsement may be used to convert the Business Auto Coverage Form into a Motor Carrier Coverage Form for autos used in your operations as a motor carrier. EXISTING OPTIONAL ENDORSEMENTS CA 20 54 Employee Hired Autos This endorsement is revised to reinforce that any employee of yours is an insured while operating a rental or hired vehicle taken out in another employee s name for the purposes of performing duties related to the conduct of your business and with your permission. CA 99 16 Hired Autos Specified As Covered Auto You Own This endorsement has been revised to remove the wording which limits coverage with respect to the lessor solely to liability arising out of the acts or omissions of the lessee or anyone else acting on the lessee s behalf. U CA841 A 0414 Page 1 of 4 Includes copyrighted material of Insurance Services Office Inc. with its permi | 2 |
CA 99 37 Garagekeepers Coverage Spouses of partners managers of limited liability companies and executive officers are included as insureds with respect to the conduct of your garage operations. UCA 424 Coverage Extension Endorsement This endorsement has been revised to A. Reinforce that an employee of yours is an insured under Covered Autos Liability Coverage while operating an auto hired or rented under a contract or agreement in that employee s name with your permission while performing duties related to the conduct of your business B. Extend Insured status under Covered Autos Liability Coverage to any persons or organizations where required by written contract or written agreement including those persons or organizations directing your work. Such coverage will apply on a primary and non contributory basis with any insurance maintained by the additional insured on an excess basis C. Reinforce that the Expected Or Intended Injury Exclusion under the Covered Autos Liability Coverage does not apply if the bodily injury or property damage results from reasonable force to protect persons or property D. Include payment of up to 50 per day to a maximum of 1000 for temporary transportation expense incurred by you in the event of a total theft of a covered auto of the private passenger type when Comprehensive of Specified Cause of Loss Coverage is selected E. Revises the Physical Damage Coverage to provide for payment of an additional 10 of the cost of a replacement auto up to 2500 if in the event of a total loss to a covered auto of the private passenger type the covered auto is replaced with a hybrid auto or an auto powered by an alternative fuel source. Qualifications for consideration as a hybrid auto or auto powered by an alternative fuel source are described within the endorsement and F. Include payment for the cost of transport to return a stolen auto that has been recovered to you provided you carry either Comprehensive or Specified Causes of Loss Coverage on the auto. REINFORCEMENTS OF COVERAGE EXISTING OPTIONAL ENDORSEMENTS CA 01 21 Limited Mexico Coverage CA 02 38 Reinstatement Of Insurance CA 02 40 Suspension Of Insurance CA 03 01 Deductible Liability Coverage CA 03 02 Deductible Liability Coverage CA 04 42 Exclusion Of Federal Employees Using Autos In Government Business CA 04 44 Waiver Of Transfer Of Rights Of Recovery Against Others To Us Waiver Of Subrogation CA 04 45 Golf Carts And Low speed Vehicles CA 20 01 Lessor Additional Insured And Loss Payee CA 20 02 Audio Visual And Data Electronic Equipment Coverage Fire Police And Emergency Vehicles CA 20 05 Drive away Contractors CA 20 06 Driving Schools Non owned Autos CA 20 07 Emergency Services Volunteer Firefighters And Workers Injuries Limited Exclusion CA 20 08 Farm Tractors And Farm Tractors Equipment CA 20 09 Leasing Or Rental Concerns Contingent Coverage CA 20 10 Leasing Or Rental Concerns Conversion Embezzlement Or Secretion Coverage U CA841 A 0414 Includes copyrighted material of Insurance Services Office Inc. with its permiss Page 2 of 4 | 2 |
CA 20 11 Leasing Or Rental Concerns Exclusion Of Certain Leased Autos CA 20 12 Leasing Or Rental Concerns Rent it there Leave it here Autos CA 20 13 Leasing Or Rental Concerns Schedule Of Limits For Owned Autos CA 20 14 Leasing Or Rental Concerns Second Level Coverage CA 20 15 Mobile Equipment CA 20 16 Mobile Homes Contents Coverage CA 20 17 Mobile Homes Contents Not Covered CA 20 18 Professional Services Not Covered CA 20 19 Repossessed Autos CA 20 21 Snowmobiles CA 20 27 Registration Plates Not Issued For A Specific Auto CA 20 30 Emergency Services Volunteer Firefighters And Workers Injuries Excluded CA 20 33 Autos Leased Hired Rented Or Borrowed With Drivers Physical Damage Coverage CA 20 48 Designated Insured Newly titled Designated Insured For Covered Autos Liability Coverage CA 20 54 Employee Hired Autos CA 20 55 Fellow Employee Coverage CA 20 56 Fellow Employee Coverage For Designated Employees Positions CA 20 70 Coverage For Certain Operations In Connection With Railroads CA 20 71 Auto Loan Lease Gap Coverage CA 23 01 Explosives CA 23 03 Multi purpose Equipment CA 23 04 Rolling Stores CA 23 05 Wrong Delivery Of Liquid Products CA 23 08 Truckers Excess Coverage For The Named Insured And Named Lessors For Leased Autos Newly titled Motor Carriers Excess Coverage For The Named Insured And Named Lessors For Leased Autos CA 23 09 Truckers Insurance For Non trucking Use Newly titled Motor Carriers Insurance For Non trucking Use CA 23 12 Truckers Named Lessee As Insured Newly titled Motor Carriers Named Lessee As Insured CA 23 13 Trailer Interchange Fire And Fire And Theft Coverages CA 23 17 Truckers Uniform Intermodal Interchange Endorsement Form UIIE1 CA 23 24 Agricultural Produce Trailers Seasonal CA 23 25 Coverage For Injury To Leased Workers CA 23 94 Silica Or Silica related Dust Exclusion For Covered Autos Exposure CA 23 97 Amphibious Vehicles CA 24 01 Transportation Of Seasonal Or Migrant Agricultural Workers CA 24 02 Public Transportation Autos CA 99 03 Auto Medical Payments Coverage CA 99 10 Drive Other Car Coverage Broadened Coverage For Named Individuals CA 99 13 Fiduciary Liability Of Banks CA 99 14 Fire Fire And Theft Fire Theft And Windstorm And Limited Specified Causes Of Loss Coverages CA 99 16 Hired Autos Specified As Covered Autos You Own CA 99 17 Individual Named Insured CA 99 23 Rental Reimbursement Coverage U CA841 A 0414 Includes copyrighted material of Insurance Services Office Inc. with its permiss Page 3 of 4 | 2 |
CA 99 28 Stated Amount Insurance CA 99 30 Tapes Records And Discs Coverage CA 99 33 Employees As Insureds CA 99 34 Social Service Agencies Volunteers As Insureds CA 99 37 Garagekeepers Coverage CA 99 40 Exclusion Or Excess Coverage Hazards Otherwise Insured CA 99 44 Loss Payable Clause CA 99 47 Employee As Lessor CA 99 48 Pollution Liability Broadened Coverage For Covered Autos Business Auto Motor Carrier And Truckers Coverage Forms Newly titled Pollution Liability Broadened Coverage For Covered Autos Business Auto And Motor Carrier Coverage Forms CA 99 54 Covered Auto Designation Symbol CA 99 59 Garagekeepers Coverage Customers Sound receiving Equipment CA 99 60 Audio Visual And Data Electronic Equipment Coverage Added Limits EA 99 61 Loss Payable Clause Audio Visual And Data Electronic Equipment Coverage Added imits CA 99 90 Optional Limits Loss Of Use Expenses These forms have been revised where appropriate to A. Add reference to Auto Dealer Coverage Form and delete references to the Business Auto Physical Damage Coverage Form Garage Coverage Form andor Truckers Coverage Form in the list of the coverage forms to which the endorsement modifies andor B. Replace references to Liability Coverage with respect to auto liability with Covered Autos Liability Coverage to distinguish such coverage from the other types of liability coverages included in your policy. CA 23 97 Amphibious Vehicles This endorsement in general is revised to reinforce that insurance is not applicable to amphibious vehicles while being launched into used in or beached from the water. This includes but is not limited to coverages such as liability and physical damage coverages. CA 23 98 Trailer Interchange Coverage The Supplementary Payments provision is revised to reinforce that it applies to court costs taxed against the insured that do not include the attorneys fees or expenses taxed against the insured. A definition of the term trailer is added to reinforce that such term includes a semitrailer container or a dolly used to convert a semitrailer into a trailer. CA 99 28 Stated Amount Insurance CA 99 60 Audio Visual And Data Electronic Equipment Coverage Added Limits CA 99 61 Loss Payable Clause Audio Visual And Data Electronic Equipment Coverage Added Limits Various provisions and schedules applicable to physical damage coverage have been reinforced to reflect that loss rather than accident triggers coverage under this section. REDUCTION IN COVERAGE UCA 424 Coverage Extension Endorsement The Extended Glass Coverage under this endorsement has been revised to require the deductible which is shown in the Declarations if glass must be replaced rather than repaired. However if glass can be repaired the waiver of the deductible remains. U CA841 A 0414 Includes copyrighted material of Insurance Services Office Inc. with its permiss Page 4 of 4 | 2 |
Z ZURICH Advisory notice to policyholders regarding the US. Treasury Department s Office of Foreign Assets Control OFAC regulations No coverage is provided by this policyholder notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your declarations page for complete information on the coverages you are provided. This notice provides information concerning possible impact on your insurance coverage due to directives issued by the U.S. Treasury Department s Office of Foreign Assets Control OFAC. Please read this Notice carefully. OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous Foreign agents Front organizations Terrorists Terrorist organizations and Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasury s web site httpwww.treasury.govaboutorganizationalstructure offices Pages OfficeofForeignAssetsControl.aspx. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC restrictions. When an insurance policy is considered to be such a blocked or frozen contract no payments or premium refunds may be made without authorization from OFAC. Other limitations on premiums and payments also apply. Includes copyrighted material of Insurance Services Office Inc. with its permission. U GU1041A 311 Page 1 of 1 | 2 |
2 ZURICH Notice To Policyholder Revised Definition of Spouse California law provides that registered domestic partners have the same rights protections and benefits and are subject to the same responsibilities obligations and duties under law as are granted to and imposed upon spouses. This applies whether they derive from statutes administrative regulations court rules government policies common law or any other provisions or sources of law as are granted to and imposed upon spouses. Existing law requires where necessary to implement the rights of registered domestic partners gender specific terms referring to spouses to be construed to include domestic partners. U GU1227 A CA 0317 | 2 |
2 ZURICH Revised Definition of Spouse Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policyholder ECF INC. Policy No. GLO 3707241 17 Effective Date 01012020 It is hereby understood and agreed that the following changes are made and incorporated into the Policy Certificate PURPOSE California law provides that registered domestic partners have the same rights protections and benefits and are subject to the same responsibilities obligations and duties under law whether they derive from statutes administrative regulations court rules government policies common law or any other provisions or sources of law as are granted to and imposed upon spouses. Existing law requires where necessary to implement the rights of registered domestic partners gender specific terms referring to spouses to be construed to include domestic partners. DEFINITIONS TERMS CONDITIONS AND PROVISIONS The definitions terms conditions or any other provisions of the policy contract certificate andor riders and endorsements to which this mandatory endorsement is attached are hereby amended and superseded as follows Spouse includes a Registered Domestic Partner. Except for the above this endorsement does not vary alter waive or extend any of the terms of the Policy Certificate to which it is attached. EndorsementNo. 0 Insurance Company ZURICH AMERICAN INSURANCE COMPANY Date Countersigned by U GU1223 B CA 0916 | 2 |
Z ZURICH THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. DISCLOSURE OF PREMIUM RELATING TO DISPOSITION OF TRIA SCHEDULE 1 Premium attributable to risk of loss from certified acts of terrorism for lines of insurance subject to TRIA General Liability 318.00 If TRIA terminates the portion of this premium attributable to the remaining part of the policy period as modified by any change shown in 2 of this Schedule applies to the risk of loss from terrorism after the termination of TRIA. 2 Premium change upon termination of TRIA or upon applicability of a Conditional Endorsement No change unless one of the following is completed Return Premium Additional Premium If we notify you of an additional premium charge the additional premium will be due as specified in such notice. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Disclosure of Premium In accordance with the federal Terrorism Risk Insurance Act TRIA as amended we are required to provide you with a notice disclosing the portion of your premium if any attributable to the risk of loss from ter rorist acts certified under that Act for lines subject to TRIA. That portion of your premium attributable is shown in the Schedule above but may be subject to adjustment upon premium audit if applicable. B. Disclosure of Federal Participation in Payment of Terrorism Losses The United States Government may pay a share of insured losses resulting from an act of terrorism. The federal share will decrease by 5 from 85 to 80 over a five year period while the insurer share increases by the same amount during the same period. The schedule below illustrates the decrease in the federal share January 1 2015 December 31 2015 federal share 85 January 1 2016 December 31 2016 federal share 84 January 1 2017 December 31 2017 federal share 83 January 1 2018 December 31 2018 federal share 82 January 1 2019 December 31 2019 federal share 81 January 1 2020 December 31 2020 federal share 80 C. Disclosure of 100 Billion Cap on All Insurer and Federal Obligations Includes copyrighted material of IO Properties Inc. with its permission. U GU692 D CW 0120 Copyright Zurich American Insurance Company 2019 Page 1 of 2 General Liability 318.00 the following is completed U GU692 D CW 0120 Page 1 of 2 | 2 |
If aggregate insured losses attributable to terrorist acts certified under TRIA exceed 100 billion in a calendar year January 1 through December 31 and an insurer has met its deductible under the program that insurer shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury.. Availability As required by TRIA we have made available to you for lines subject to TRIA coverage for losses resulting from acts of terrorism certified under TRIA with terms amounts and limitations that do not differ materially from those for losses arising from events other than acts of terrorism. Definition of Act of Terrorism under TRIA TRIA defines act of terrorism as any act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act TRIA to be an act of terrorism. The Terrorism Risk Insurance Act provides that the Secretary of Treasury shall certify an act of terrorism 1. To be an act of terrorism 2. To be a violent act or an act that is dangerous to human life property or infrastructure 3. To have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and 4. To have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. Possibility of Additional or Return Premium The federal program established under TRIA is scheduled to terminate at the end of December 31 2020 unless extended by the federal government. The premium attributable to the risk of loss from certified acts of terrorism coverage is calculated based on the coverage if any in effect at the beginning of your policy for certified acts of terrorism. If your policy contains a Conditional Endorsement the termination of TRIA or extension of the federal program with certain modifications as explained in that endorsement may modify the extent of coverage if any your policy provides for terrorism. If TRIA terminates or the Conditional Endorsement becomes applicable to your policy the return premium if any or additional premium if any shown in 2 of the Schedule will apply. If the level or terms of federal participation change the premium shown in 1 of the Schedule attributable to that part of the policy period extending beyond such a change may not be appropriate and we will notify you of any changes in your premium. Includes copyrighted material of ISO Propert Copyright Zurich American Insurance Compay s. Inc. with its permission. y 2019 U GU692 D CW 0120 Page 2 0f 2 | 2 |
2 ZURICH Mo ENE e K R CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM Insureds Name Policy Number Effective Endorsement Date Number ECF. INC. GLO 3707241 17 01012020 THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies your insurance A. Cap on Losses From Certified Terrorism Losses Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with provisions of the federal Terrorism Risk Insurance Act TRIA to be an act of terrorism. The Terrorism Risk Insurance Act provides that the Secretary of Treasury shall certify an act of terrorism 1. To be an act of terrorism 2. To be a violent act or an act that is dangerous to human life property or infrastructure 3. To have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and 4. To have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. If aggregate insured losses attributable to one or more certified acts of terrorism exceed 100 billion in a calendar year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury. B. Application of Other Exclusions The terms and limitations of a terrorism exclusion or any other exclusion or the inapplicability or omission of a terrorism exclusion or any other exclusion do not serve to create coverage which would otherwise be excluded limited or restricted under this policy. Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with ts permission. U GU767 8 CW 0115 Page 1 of 1 | 2 |
Z ZURICH Disclosure Statement Itis our pleasure to present the enclosed policy to you for presentation to your customer. INSTRUCTION TO AGENT OR BROKER WE REQUIRE THAT YOU TRANSMIT THE ATTACHED ENCLOSED DISCLOSURE STATEMENT TO THE CUSTOMER WITH THE POLICY. Once again thank you for your interest and we look forward to meeting your needs and those of your customers. U GU873 A CW 0611 Page 1of 1 | 2 |
Z ZURICH Disclosure Statement NOTICE OF DISCLOSURE FOR AGENT BROKER COMPENSATION If you want to learn more about the compensation Zurich pays agents and brokers visit httpwww.zurichnaproducercompensation.com or call the following toll free number 866 903 1192. This Notice is provided on behalf of Zurich American Insurance Company and its underwriting subsidiaries. U GU874 ACW 0611 Page 1 of 1 | 2 |
COMMERCIAL INSURANCE Policy Number GLO 3707241 17 Named Insured and Mailing Address ECF INC. SEE NAMED INSURED ENDT 1909 WESTGATE DR COLUMBIA IL 62236 3835 Z ZURICH COMMON POLICY DECLARATIONS Renewal of Number GLO 3707241 16 Producer and Mailing Address LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 Producer Code 37385 000 Policy Period Coverage begins 01 01 2020 at 1201 AM. Coverageends 01 01 2021 at1201 AM. The name insured is Individual Partnership X Corporation Other This insurance is provided by one or more of the stock insurance companies which are members of the Zurich American Insurance Group. The company that provides coverage is designated on each Coverage Part Common Declarations. The company or companies providing this insurance may be referred to in this policy as The Company we us or our. The address of the companies of the Zurich American Insurance Group are provided on the next page. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGES GENERAL LIABILITY COVERAGE PREMIUM 32141.00 issued by ZURICH AMERICAN INSURANCE COMPANY THIS PREMIUM MAY BE SUBJECT TO AUDIT. TOTAL 32141.00 This premium does not include Taxes and Surcharges. SEE INSTALLMENT SCHEDULE Taxes and Surcharges TOTAL The Forms and Endorsements made a part of this policy at the time of issue are listed on the SCHEDULE of FORMS and ENDORSEMENTS. Countersigned this day of Authorized Representative THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS COVERAGE PART DECLARATIONS COVERAGE PART FORMS FORMS AND ENDORSEMENTS IF ANY ISSUED TO FORM A PART THEREOF COMPLETE THE ABOVE NUMBERED POLICY. UGU D310 A 0193 Page 1 of 1 NERAL LIABILITY COVERAGE PREMIUM 32141.00 ssued by ZURICH AMERICAN INSURANCE COMPANY | 2 |
Policy Number GLO 3707241 17 SCHEDULE OF FORMS AND ENDORSEMENTS Zurich American Insurance Company Named Insured ECF INC. Effective Date 01 01 20 1201 A.M Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 37385 000 COMMON POLICY FORMS AND ENDORSEMENTS U GU1223 B CA 09 16 REVISED DEFINITION OF SPOUSE ENDORSEMENT U GU692 D CW 01 20 DISCL OF PREM. RELATING TO DISP. OF TRIA U GU767 B CW 01 15 CAP ON LOSS FROM CERTIFIED ACTS OF TERR U GU D310 A 01 93 COMMON POLICY DECLARATIONS U GU619 A CW 10 02 SCHEDULE OF FORMS AND ENDORSEMENTS U GU319 F 01 09 IMPORTANT NOTICE IN WITNESS CLAUSE U GU621 A CW 10 02 SCHEDULE OF NAMED INSURED S U GU406 B 07 15 INSTALLMENT PREMIUM SCHEDULE U GU618 A CW 10 02 SCHEDULE OF LOCATIONS U GU1016 A CW 06 10 KNOWLEDGE BY POSITION OR DEPARTMENT IL 11 98 COMMON POLICY CONDITIONS IL 09 08 NUCLEAR ENERGY LIABILITY EXCLUSION ENDT IL 10 13 ILLINOIS CHANGES DEFENSE COSTS IL 09 17 NORTH DAKOTA CHANGES CANC NONRENL IL 01 18 LOUISIANA CHANGES CANC NONRENL IL 3 09 08 CALCULATION OF PREMIUM U GU1191 A CW 03 15 SANCTIONS EXCLUSION ENDORSEMENT GENERAL LIABILITY FORMS AND ENDORSEMENTS U GL1446 A CW 05 10 NOTIFICATION TO OTHERS OF CANCELLATION U GL1517 B CW 04 13 RECORD OR DISTRB OF MATRL OR INFO EXCL U GL1518 A CW 04 13 BROADENED NAMED INSURED U GL851 B CW 06 04 EMPLOYEE BENEFITS LIAB OCCURRENCE COV U GL915 C CW 08 04 FELLOW EMPLOYEE COVERAGE ENDORSEMENT U GL923 B CW 06 04 SILICA OR SILICA MIXED DUST EXCLUSION U GL925 B CW 12 01 WAIVER OF SUBROGATION BLANKET ENDT. U GL D851 B CW 09 04 EMPLOYEE BENEFITS LIAB OCCURRENCE COV U GL D1115 B CW 09 04 COMMERCIAL GL COVERAGE PART DECLARATIONS CG 00 01 04 13 COMMERCIAL GENERAL LIABILITY COV FORM U GL1114 A CW 10 02 COMPOSITE RATE UNIT OF EXPOSURE U GL1060 E CW 04 13 CONTRACTORS LIABILITY ENDORSEMENT UGL1171ACW 07 03 FUNGI OR BACTERIA EXCLUSION U GL1175 E CW 04 12 ADL INSD A MATIC OWNR LESSEE CONTRACT U GL1177 FCW 04 13 ADL INSD OWNER LESSE CONT SCHEDULED U GL1267 A IL 05 06 ILLINOIS EXCL OF WAIVER OF KOTECKI CAP U GL1294 A CW 10 06 LIMITED OPERATIONS CONSOLIDATED WRAP UP U GL1342 A CW 10 07 LEAD LIABILITY EXCLUSION U GL1178ACW 07 03 ASBESTOS EXCLUSION ENDORSEMENT U GL872 B CW 04 09 PREMIUM REPORTS AGREEMENT COMP RATED CG 01 79 07 10 VIRGINIA CHANGES CG 02 00 01 18 IL CHANGES CANC NONRENL CG 02 20 03 12 FL CHANGES CANCELLATION NONRENEWAL U GL852 A CW 07 96 EMPL BENEFITS LIAB OCCURRENCE DED ENDT 24 10 93 EARLIER NOTICE OF CANC PROVIDED BY US 05 14 EXCL ACC DISCL OF CONFI OR PERSONAL INFO 12 07 EMPLOYMENT RELATED PRACTICES EXCLUSION 12 04 EXCL EXTERIOR INSULATION FINISH SYSTEM 04 13 EXCL CONTRACTORS PROF LIAB 10 01 CONTRACTUAL LIABILITY RAILROADS 05 09 DESIGNATED CONSTRUCTION PROJECTS GENERAL 05 09 DESIGNATED LOCATIONS GENERAL AGGREGATE U GU619 A CW 1002 GLO 3707241 17 SCHEDULE OF FORMS AND ENDORSEMENTS Zurich American Insurance Company amed Insured ECF INC. Effective Date 01 01 2 1201 A.M. Standard Tin DEFINITION OF SPOUSE ENDORSEMENT OF PREM. RELATING TO DISP. OF TRIA LOSS FROM CERTIFIED ACTS OF TERR POLICY DECLARATIONS LE OF FORMS AND ENDORSEMENTS NT NOTICE IN WITNESS CLAUSE LE OF NAMED INSURED S JMENT PREMIUM SCHEDULE LE OF LOCATIONS GE BY POSITION OR DEPARTMENT POLICY CONDITIONS 2 ENERGY LIABILITY EXCLUSION ENDT S CHANGES DEFENSE COSTS DAKOTA CHANGES CANC NONRENL NA CHANGES CANC NONRENL TION OF PREMIUM ONS EXCLUSION ENDORSEMENT NTS ATION TO OTHERS OF CANCELLATION OR DISTRB OF MATRL OR INFO EXCL VED NAMED INSURED E BENEFITS LIAB OCCURRENCE COV EMPLOYEE COVERAGE ENDORSEMENT OR SILICA MIXED DUST EXCLUSION OF SUBROGATION BLANKET ENDT. BENEFITS LIAB OCCURRENCE COV AL GL COVERAGE PART DECLARATIONS IAL GENERAL LIABILITY COV FORM TE RATE UNIT OF EXPOSURE TORS LIABILITY ENDORSEMENT DR BACTERIA EXCLUSION 5D A MATIC OWNR LESSEE CONTRACT 5D OWNER LESSE CONT SCHEDULED S EXCL OF WAIVER OF KOTECKI CAP OPERATIONSCONSOLIDATED WRAP UP ABILITY EXCLUSION DS EXCLUSION ENDORSEMENT 1 REPORTS AGREEMENT COMP RATED A CHANGES IGES CANC NONRENL NGES CANCELLATION NONRENEWAL CNEFITS LIAB OCCURRENCE DED ENDT R NOTICE OF CANC PROVIDED BY US C DISCL OF CONFI OR PERSONAL INFO IENT RELATED PRACTICES EXCLUSION TERIOR INSULATION FINISH SYSTEM ONTRACTORS PROF LIAB TUAL LIABILITY RAILROADS TED CONSTRUCTION PROJECTS GENERAL TED LOCATIONS GENERAL AGGREGATE A CW | 2 |
Z ZURICH Important Notice In Witness Clause In return for the payment of premium and subject to the terms of this policy coverage is provided as stated in this policy. IN WITNESS WHEREOF this Company has executed and attested these presents and where required by law has caused this policy to be countersigned by its duly Authorized Representatives. e fmpfon RV President Corporate Secretary QUESTIONS ABOUT YOUR INSURANCE Your agent or broker is best equipped to provide information about your insurance. Should you require additional information or assistance in resolving a complaint call or write to the following please have your policy or claim number ready Zurich in North America Customer Inquiry Center 1299 Zurich Way Schaumburg lllinois 60196 1056 1 800 382 2150 Business Hours 8 am 4 pm CT Email info.sourcezurichna.com e President 56 4 pm CT S 1 800 382 U GU319 F 0109 Page I of 1 | 2 |
Policy Number GLO 3707241 17 SCHEDULE OF NAMED INSUREDS ZURICH AMERICAN INSURANCE COMPANY Named Insured ECF INC. Effective Date 01 01 20 1201 A.M. Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 37385 000 NAMED INSURED ECF INC. ECF OFFICE HOLDINGS LLC U GU621 A CW 1002 SCHEDULE OF NAMED INSUREDS ZURICH AMERICAN INSURANCE COMPAL 3LO 3707241 17 CHantive Nata A1N1T2N ECF INC. CF INC. CF OFFICE HOLDINGS LLC | 2 |
Z ZURICH INSTALLMENT PREMIUM SCHEDULE The total premium shown in the Declarations of this policy is made payable in installments on the dates and in the amounts shown below. NAMED INSURED POLICY NUMBER ENDORSEMENT NUMBER INC. GLO 3707241 17 PAYMENT DUE 010120 020120 030120 040120 050120 060120 070120 080120 090120 100120 TOTAL STANDARD PREMIUM.00.00.00.00.00.00.00.00.00.00.00 P TOTAL PREMIUM.00.00.00.00.00.00.00.00.00.00.00 Failure to pay the installment Premium by the Due Date shown shall constitute non payment of premium for which we may cancel this policy. U GU406 B 0715 | 2 |
Policy Number GLO 3707241 17 SCHEDULE OF LOCATIONS Zurich American Insurance Company Named Insured ECF INC. Effective Date 01 01 20 1201 A.M. Standard Time Agent Name LOCKTON COMPANIES LLC AgentNo. 37385 000 Designated Locations Address City State Zip Code INO FIXED ADDRESS RTE51 N IMOWEAQUA IL 62550 Occupancy INO FIXED ADDRESS IMONTGOMERY AL 36101 INO FIXED ADDRESS PHOENIX AZ 85001 INO FIXED ADDRESS ISACRAMENTO CA 94203 INO FIXED ADDRESS IDENVER CO 80012 INO FIXED ADDRESS ISAVANNAH GA 31401 INO FIXED ADDRESS INDIANAPOLIS IN 46201 INO FIXED ADDRESS TOPEKA KS 66601 INO FIXED ADDRESS IBATON ROUGE LA 70801 INO FIXED ADDRESS ILANSING M1 48917 INO FIXED ADDRESS ISAINT PAUL PARK MN 55071 1603 S 9TH ST SAINT LOUIS MO 63104 INO FIXED ADDRESS ILINCOLN NE 68501 U GU618 A CW 1002 SCHEDULE OF LOCATIONE Zurich American Insurance Comp GLO 370724117 4 Effective Date 01 01 20 1201 A.M. Standard Time o1 N DWEAQUA IL 62550 FIXED ADDRESS ONTGOMERY AL 36101 FIXED ADDRESS OENIX AZ 85001 FIXED ADDRESS CRAMENTO CA 94203 FIXED ADDRESS NVER CO 80012 FIXED ADDRESS VANNAH GA 31401 FIXED ADDRESS DIANAPOLIS IN 46201 FIXED ADDRESS PEKA KS 66601 FIXED ADDRESS TON ROUGE LA 70801 FIXED ADDRESS NSING M148917 FIXED ADDRESS INT PAUL PARK MN 55071 3 S 9TH ST INT LOUIS MO 63104 FIXED ADDRESS ICOLN NE 68501 | 2 |
Policy Number GLO 3707241 17 SCHEDULE OF LOCATIONS Zurich American Insurance Company Named Insured ECF INC. Effective Date 01 01 20 1201 A.M. Standard Time AgentName LOCKTON COMPANIES LLC AgentNo. 37385 000 Designated Locations Address City State Zip Code INO FIXED ADDRESS ISANTA FE NM 87501 Occupancy INO FIXED ADDRESS COLUMBUS OH 43085 INO FIXED ADDRESS OKLAHOMA CITY OK 73105 INO FIXED ADDRESS HARRISBURG PA 17101 INO FIXED ADDRESS INASHVILLE TN 37201 INO FIXED ADDRESS IAUSTIN TX 73301 INO FIXED ADDRESS GREENVILLE NH 03048 INO FIXED ADDRESS IMADISON WI 53701 INO FIXED ADDRESS CARSON CITY NV 89701 INO FIXED ADDRESS IDES MOINES IA 50301 INO FIXED ADDRESS FRANKFORT KY 40601 INO FIXED ADDRESS IRICHMOND VA 23173 INO FIXED ADDRESS IALBANY NY 12202 U GU618 A CW 1002 SCHEDULE OF LOCATIONE Zurich American Insurance Comp GLO 370724117 4 Effective Date 01 01 20 1201 A.M. Standard Time NTAFE NMS7001 FIXED ADDRESS LUMBUS OH 43085 FIXED ADDRESS LAHOMA CITY OK 73105 FIXED ADDRESS RRISBURG PA 17101 FIXED ADDRESS SHVILLE TN 37201 FIXED ADDRESS STIN TX 73301 FIXED ADDRESS EENVILLE NH 03048 FIXED ADDRESS DISON W1 53701 FIXED ADDRESS RSON CITY NV 89701 FIXED ADDRESS S MOINES IA 50301 FIXED ADDRESS ANKFORT KY 40601 FIXED ADDRESS HMOND VA 23173 FIXED ADDRESS BANY NY 12202 | 2 |
Policy Number GLO 3707241 17 SCHEDULE OF LOCATIONS Zurich American Insurance Company Named Insured ECF INC. Effective Date 01 01 20 1201 A.M. Standard Time AgentName LOCKTON COMPANIES LLC AgentNo. 37385 000 Designated Locations Address City State Zip Code INO FIXED ADDRESS IRALEIGH NC 27611 Occupancy INO FIXED ADDRESS ISALT LAKE CITY UT 84114 INO FIXED ADDRESS IBISMARCK ND 58502 INO FIXED ADDRESS LMINGTON DE 19801 INO FIXED ADDRESS IMIAMI FL 33101 INO FIXED ADDRESS WACKSON SC 29831 INO FIXED ADDRESS ILITTLE ROCK AR 72201 INO FIXED ADDRESS BILLINGS MT 59101 INO FIXED ADDRESS CHARLESTON WV 25301 INO FIXED ADDRESS TRENTON NJ 08628 INO FIXED ADDRESS CHEYENNE WY 82001 INO FIXED ADDRESS IAUGUSTA ME 04333 U GU618 A CW 1002 SCHEDULE OF LOCATIONE Zurich American Insurance Comp GLO 370724117 4 Effective Date 01 01 20 1201 A.M. Standard Time LEIGH NU 27611 FIXED ADDRESS LT LAKE CITY UT 84114 FIXED ADDRESS SMARCK ND 58502 FIXED ADDRESS MINGTON DE 19801 FIXED ADDRESS AMI FL 33101 FIXED ADDRESS CKSON SC 29831 FIXED ADDRESS TLE ROCK AR 72201 FIXED ADDRESS LINGS MT 59101 FIXED ADDRESS ARLESTON WV 25301 FIXED ADDRESS ENTON NJ 08628 FIXED ADDRESS EYENNE WY 82001 FIXED ADDRESS GUSTA ME 04333 | 2 |
Z ZURICH Knowledge by Position or Department Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. AddL. Prem Return Prem. GLO 3707241 17 01012020 01012021 37385000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Business Auto Coverage Part Commercial General Liability Coverage Part Liquor Liability Coverage Part Products Completed Operations Liability Coverage Part Railroad Protective Liability Coverage Part SCHEDULE AL MEITL PRESIDENT OWNER Position or Department The following Condition is added Knowledge By Your Employee 1. Knowledge of an accident occurrence offense injury claim suit or loss by your employee will not in and of itself be considered your knowledge of the accident occurrence offense injury claim suit or loss unless an employee who a. Holds a position or b. Is a member of a department shown in the Schedule of this endorsement receives such knowledge. 2. This endorsement does not apply unless the Schedule of this endorsement indicates at least one Position or Department. All other terms and conditions of this policy remain unchanged. U GU1016 A CW 0610 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
IL 00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. D. Cancellation 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or de livering to us advance written notice of cancel lation. 2. We may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancel lation if we cancel for nonpayment of pre mium or b. 30 days before the effective date of cancel lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be suf ficient proof of notice. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time E. b. Give you reports on the conditions we find and Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to in surability and the premiums to be charged. We do not make safety inspections. We do not un dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not war rant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes in surance inspections surveys reports or recom mendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommen dations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or ele The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representa tive. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Pagelof1 O IL 00 17 11 98 Copyright Insurance Services Office Inc. 1998 | 2 |
IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under 2 the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwrit ers Nuclear Insurance Association of Can ada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of li ability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear 2 3 facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom The nuclear material is contained in spent fuel or waste at any time possessed han dled used processed stored transported or disposed of by or on behalf of an in sured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. by the United States of America or any 2 agency thereof with any person or organi zation. B. Under any Medical Payments coverage to expenses incurred with respect to bodily in jury resulting from the hazardous properties of nuclear material and arising out of the op eration of a nuclear facility by any person or organization.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material. C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed han dled used processed stored transported or disposed of by or on behalf of an in sured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. 2. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material. 3 IL 00 21 09 08 ISO Properties Inc. 2007 Page 10f 2 m | 2 |
Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste c d Any equipment or device used for the proc essing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto nium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. Page 2 of 2 ISO Properties Inc. 2007 IL 00 21 09 08 o | 2 |
IL01621013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ILLINOIS CHANGES DEFENSE COSTS This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART LEGAL LIABILITY COVERAGE FORM COMMERCIAL PROPERTY COVERAGE PART MORTGAGEHOLDERS ERRORS AND OMISSIONS COVERAGE FORM EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK COVERAGE PART. The provisions of Paragraph B. are added to all Insuring Agreements that set forth a duty to defend under 1. Section I of the Commercial General Liability Commercial Liability Umbrella Employment related Practices Liability Farm Liquor Liability Owners And Contractors Protective Liability Pollution Liability Products Completed Operations Liability Product Withdrawal Medical Professional Liability Railroad Protective Liability Underground Storage Tank Coverage Parts Auto Dealers Coverage Form and the Farm Umbrella Liability Policy 2. Section Il under the Auto Dealers Business Auto and Motor Carrier Coverage Forms 3. Section Ill under the Auto Dealers and Motor Carrier Coverage Forms 4. Section A. Coverage under the Legal Liability Coverage Form and 5. Coverage C Mortgageholder s Liability under the Mortgageholders Errors And Omissions Coverage Form. Paragraph B. also applies to any other provision in the policy that sets forth a duty to defend. B. If we initially defend an insured insured or pay for an insured s insured s defense but later determine that the claims is are not covered under this insurance we will have the right to reimbursement for the defense costs we have incurred. The right to reimbursement for the defense costs under this provision will only apply to defense costs we have incurred after we notify you in writing that there may not be coverage and that we are reserving our rights to terminate the defense and seek reimbursement for defense costs. IL01621013 Insurance Services Office Inc. 2013 Page 1 of 1 | 2 |
IL023409 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NORTH DAKOTA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART. Paragraphs 2. and 3. of the Cancellation Common Policy Condition are replaced by Paragraphs 2. and 3. below except to the extent that Item B. of this endorsement applies. 2. Policies In Effect a. For Less Than 90 Days If this policy has been in effect for less than 90 days we may cancel the policy for any reason by mailing to the first Named Insured and agent if any written notice of cancellation at least 1 10 days before the effective date of cancellation or 2 Five days before the effective date of cancellation for any condition stated in Paragraph B. of this endorsement. b. For 90 Days Or More Or Policies With Terms Longer Than One Year Or Continuous Policies If this policy has been in effect for 90 days or more is a renewal of a policy we issued is a policy issued for a term longer than one year or is a continuous policy we may cancel the policy only for one or more of the following reasons 1 Nonpayment of premiums 2 Misrepresentation or fraud made by the insured or with the insured s knowledge in obtaining the policy or in pursuing a claim under the policy 3 The insured s actions that have 4 5 6 substantially increased or substantially changed the risk insured The insured s refusal to eliminate known conditions that increase the potential for loss after our notification that the condition must be removed Substantial change in the risk assumed except to the extent that we should reasonably have foreseen the change or contemplated the risk in writing the contract Loss of reinsurance which provided us with coverage for a significant amount of the underlying risk insured A determination by the insurance commissioner that the continuation of the policy could place us in violation of North Dakota insurance laws Nonpayment of dues to an association or organization other than an insurance association or organization where payment of dues is a prerequisite to obtaining or continuing such insurance. Cancellation for this reason does not apply to persons who are retired at 62 years of age or older or to any person who is disabled according to social security standards IL 0234 09 17 Insurance Services Office Inc. 2017 Page 1 of 3 | 2 |
9 A violation of any local fire health safety building or construction regulation or ordinance with respect to Covered Property or the occupancy thereof which substantially increases any hazard insured against or 10 Certain conditions exist as stated in Paragraph B. of this endorsement. We will mail written notice of cancellation to the first Named Insured and agent if any at least a Five days before the effective date of cancellation for any condition stated in Paragraph B. of this endorsement b 10 days before the effective date of cancellaton for nonpayment of premium or c 30 days before the effective date of cancellation for any reason stated in Paragraphs 2.b.2 through 9 above. However for policies with terms longer than one year or continuous policies notice of cancellation will be mailed at least 30 days prior to any anniversary date for any reason stated in Paragraphs 2.b.1 through 9 above. If we cancel for a reason listed in Paragraphs 2.b.1 through 9 above the notice of cancellation will state our reasons for cancellation. 3. We will mail our notice by first class mail to the first Named Insured and agent if any at the last mailing address known to us. B. We may also cancel the policy if one or more of the following conditions exist 1. Buildings with at least 65 of the rental units in the building unoccupied. 2. Buildings that have been damaged by a covered cause of loss and the insured has stated or such time has elapsed as clearly indicates that the damage will not be repaired. 3. Buildings to which following a fire permanent repairs have not commenced within 60 days following satisfactory adjustment of loss. 4. Buildings that have been unoccupied 60 or more consecutive days except buildings that have a seasonal occupancy and buildings actually in the course of construction or repair and reconstruction which are properly secured against unauthorized entry. 5. Buildings that are in danger of collapse because of serious structural conditions or those buildings subject to extremely hazardous conditions not contemplated in filed rating plans such as those buildings that are in a state of disrepair as to be dilapidated. 6. Buildings on which because of their physical condition there is an outstanding order to vacate or an outstanding demolition order or which have been declared unsafe in accordance with applicable law. 7. Buildings from which fixed and salvageable items have been or are being removed and the insured can give no reasonable explanation for the removal. 8. Buildings on which there is reasonable knowledge and belief that the property is endangered and is not reasonably protected from possible arson for the purpose of defrauding an insurer. 9. Buildings with any of the following conditions a. Failure to furnish heat water sewer service or public lighting for 30 consecutive days or more. b. Failure to correct conditions dangerous to life health or safety. c. Failure to maintain the building in accordance with applicable law. d. Failure to pay property taxes for more than one year. 10. Buildings that have characteristics of ownership condition occupancy or maintenance which are violative of law or public policy. C. The following is added and supersedes any provision to the contrary NONRENEWAL 1. If we elect not to renew this policy we will mail to the last known address of the first Named Insured shown in the Declarations and agent if any a notice of intention not to renew at least a. 60 days prior to the expiration date of the policy except as provided in Paragraph b. or b. 90 days prior to the expiration date of the policy when the policy provides professional liability coverage for legal and medical services. Page 2 0f 3 Insurance Services Office Inc. 2017 IL02340917 | 2 |
The notice of nonrenewal will state our reason for nonrenewal.. We will mail our notice by first class mail to the first Named Insured and agent if any at the last mailing address known to us.. We need not mail or deliver this notice if you have a. Insured elsewhere b. Accepted replacement coverage or c. Requested or agreed to nonrenewal. This Paragraph 3. does not apply to the Commercial Automobile Farm and Commercial Property Coverage Parts when you accept replacement coverage providing equal or more extensive coverage. IL 0234 09 17 Insurance Services Office Inc. 2017 Page 3 of 3 | 2 |
IL0277 0118 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LOUISIANA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART STANDARD PROPERTY POLICY A. Paragraph 2. of the Cancellation Common Policy b. Cancellation Of Renewal Policies And Condition is replaced by the following which applies unless Paragraph B. of this endorsement applies 2. Notice Of Cancellation a. Cancellation Of Policies In Effect For Fewer Than 60 Days Which Are Not Renewals If this policy has been in effect for fewer than 60 days and is not a renewal of a policy we issued we may cancel this policy for any reason subject to the following 1 Cancellation for nonpayment of premium We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least 10 days before the effective date of cancellation. 2 Cancellation for any other reason We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. New Policies In Effect For 60 Days Or More If this policy has been in effect for 60 days or more or is a renewal of a policy we issued we may cancel only for one or more of the following reasons 1 Nonpayment of premium 2 Fraud or material misrepresentation made by you or with your knowledge with the intent to deceive in obtaining the policy continuing the policy or in presenting a claim under the policy Activities or omissions by you which change or increase any hazard insured against Change in the risk which increases the risk of loss after we issued or renewed this policy including an increase in exposure due to regulation legislation or court decision Determination by the Commissioner of Insurance that the continuation of this policy would jeopardize our solvency or would place us in violation of the insurance laws of this or any other state 3 4 5 b. Cancellation Of Renewal Policies And New Policies In Effect For 60 Days Or More If this policy has been in effect for 60 days or more or is a renewal of a policy we issued we may cancel only for one or more of the following reasons 1 Nonpayment of premium 2 Fraud or material misrepresentation made by you or with your knowledge with the intent to deceive in obtaining the policy continuing the policy or in presenting a claim under the policy Activities or omissions by you which change or increase any hazard insured against 4 Change in the risk which increases the risk of loss after we issued or renewed this policy including an increase in exposure due to regulation legislation or court decision Determination by the Commissioner of Insurance that the continuation of this policy would jeopardize our solvency or would place us in violation of the insurance laws of this or any other state 3 5 IL 02770118 Insurance Services Office Inc. 2017 Page 10f 3 | 2 |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.