INTEGON PREFERRED INSURANCE COMPANYINTEGON PREFERRED INSURANCE COMPANY Administra ve Offi ces 5630...

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Transcript of INTEGON PREFERRED INSURANCE COMPANYINTEGON PREFERRED INSURANCE COMPANY Administra ve Offi ces 5630...

Page 1: INTEGON PREFERRED INSURANCE COMPANYINTEGON PREFERRED INSURANCE COMPANY Administra ve Offi ces 5630 University Parkway • PO Box 3199 Winston-Salem, NC 27102-3199 This Policy is a
Page 2: INTEGON PREFERRED INSURANCE COMPANYINTEGON PREFERRED INSURANCE COMPANY Administra ve Offi ces 5630 University Parkway • PO Box 3199 Winston-Salem, NC 27102-3199 This Policy is a

INTEGON PREFERRED INSURANCE COMPANY

Administra ve Offi ces

5630 University Parkway • PO Box 3199Winston-Salem, NC 27102-3199

This Policy is a legal contract between you and us. These Policy provisions with the Declara ons page, applica ons and endorsements, if any, issued to form a part thereof, complete this Policy.

IMPORTANT: Please read your California Business Auto Policy carefully as it contains language which may restrict or exclude coverage. The Policy specifi cally addresses who may use your vehicle and un-der what condi ons coverage will be aff orded.

NOTICE: For your protec on, California law requires the following to ap-pear on this form.

“Any person who knowingly presents false or fraudulent claim for the payment of a loss is guilty of a crime and may be subject to fi nes and confi nement in state prison.”

READ YOUR POLICY CAREFULLY

To Report A Claim1-800-468-3466

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CALIFORNIA BUSINESS AUTO INSURANCE POLICY Please read your contract carefully. Provisions of this contract and its endorsements (if any) restrict coverage. Be certain you understand all of the coverage terms, the exclusions, and your rights and duti es. Any person who, with intent to defraud or knowing that he is facilitati ng fraud against an insurer, submits an applicati on or fi les a claim containing a false or decepti ve statement is guilty of insurance fraud.

INDEX OF POLICY PROVISIONSDECLARATIONS PAGE

Name of Insurance Company Your Name and AddressYour Auto or Trailer Policy PeriodCoverages and Premiums Listi ng of EndorsementsAdditi onal Drivers Covered

BUSINESS AUTO POLICY ............................................. 1

POLICY AGREEMENT .................................................. 1

DEFINITIONS USED THROUGHOUT THIS POLICY ....... 1

DUTIES AFTER AN ACCIDENT OR LOSS NOTICE OF ACCIDENT OR LOSS .................................................2GENERAL DUTIES ....................................................2ADDITIONAL DUTIES FOR UNINSURED MOTORIST COVERAGE ...............................................................3ADDITIONAL DUTIES FOR COVERAGE FOR DAMAGE TO YOUR AUTO .......................................3

PART I > LIABILITY TO OTHERS .................................. 3

COVERAGE FOR BODILY INJURY .............................3COVERAGE FOR PROPERTY DAMAGE ...................3ADDITIONAL DEFINITIONS USED IN THIS PART ONLY .........................................................................3ADDITIONAL PAYMENTS .........................................4EXCLUSIONS ............................................................4CONFORMITY WITH STATE FINANCIAL RESPONSIBILITY LAWS ............................................7FILINGS .....................................................................7LIMITS OF LIABILITY ................................................7Out of State Insurance ............................................8

PART II > EXPENSES FOR MEDICAL SERVICES TO INSUREDS ................................................................... 8

COVERAGE FOR MEDICAL PAYMENTS ...................8ADDITIONAL DEFINITIONS USED IN THIS PART ONLY .........................................................................8EXCLUSIONS ............................................................8LIMITS OF LIABILITY ................................................9TRUST AGREEMENT ................................................9OTHER INSURANCE .................................................9

PART III > UNINSURED/UNDER INSURED MOTORISTS COVERAGE ............................................................... 10

INSURING AGREEMENT .......................................10ADDITIONAL DEFINITIONS USED IN THIS PART ONLY .......................................................................10EXCLUSIONS ..........................................................12

LIMITS OF LIABILITY ..............................................12OTHER INSURANCE ...............................................13ARBITRATION ........................................................13TRUST AGREEMENT ..............................................14

PART IV > AUTO DAMAGE COVERAGE ..................... 14

PAYMENT OF LOSS ................................................14TOWING AND STORAGE CHARGES ......................15COVERAGE EXTENSION ........................................15ADDITIONAL DEFINITIONS USED IN THIS PART ONLY .......................................................................15EXCLUSIONS ..........................................................16LIMITS OF LIABILITY ..............................................18APPRAISAL .............................................................18NO BENEFITS TO BAILEE .......................................18OTHER INSURANCE ...............................................18

PART V > GENERAL PROVISIONS .............................. 19

POLICY PERIOD, TERRITORY, RENEWALS .............19PREMIUM ..............................................................19CHANGES ...............................................................19SUIT AGAINST US ..................................................19OUR RECOVERY RIGHTS SUBROGATION .............19ASSIGNMENT ........................................................19BANKRUPTCY ........................................................20TWO OR MORE AUTO POLICIES ..........................20FRAUD AND MISREPRESENTATION .....................20INSPECTION AND AUDIT ......................................20OTHER INSURANCE ...............................................20TERMS OF POLICY CONFORMED TO STATUTES..........................................................21TERMINATION - CANCELLATION, NONRENEWAL, AUTOMATIC TERMINATION, OTHER TERMINATION PROVISIONSCANCELLATION ......................................................21LOSS PAYABLE CLAUSE ..........................................22ADDITIONAL INTEREST .........................................22

ENDORSEMENTS ...................................................... 23

(apply only if their form number appears on your declarati ons page)

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BUSINESS AUTO POLICYPOLICY AGREEMENTWe agree with you, in return for your premium payment, to insure you, based upon the warranti es and representati ons made by you in your applicati on, subject to all the terms of this Policy. All applicable endorsements, the Declarati ons and your applicati on are a part of this Policy.

We will insure you for the coverages and Limits of Liability for which a premium is shown in the Declarati ons of this Policy.

DEFINITIONS USED THROUGHOUT THIS POLICY1. “We,” “us” and “our” mean the Company providing this insurance as shown on the

Declarati ons Page. 2. “You” and “your” mean the person or organizati on shown in the Declarati ons as the

named insured. 3. “Bodily injury” means physical injury, sickness, disease or death. Bodily injury

does not include harm, sickness, disease or death arising out of a medically defi ned communicable disease contracted by any person, nor the exposure of such a disease by any person to any other person.

4. “Property damage” means damage to or destructi on of tangible property, including loss of its use.

5. “Auto” means a land motor vehicle or trailer designed for travel on public roads. It does not include mobile equipment.

6. “Mobile Equipment” means any of the following types of land vehicles, including any att ached machinery and equipment:a. Equipment such as: Bulldozers, power shovels, cranes, rollers, booms, winches,

shredders graders, diggers, mixers, compressors, generators, drills, welders, pumps, farm implements and machinery, forklift s, street sweepers or other cleaners and other similar specialized equipment.

b. Vehicles you use solely on premises you own or rent and on accesses to public roads that adjoin these premises.

c. Vehicles designed for normal use off public roads or those which do not require licensing in the state in which you live or your business is licensed.

d. Vehicles which travel on crawler treads.e. Non-self-propelled vehicles used primarily to provide mobility to the following

permanently att ached equipment. Air compressors, pumps, generators, spraying, welding, cleaning, lighti ng, geophysical explorati on and well servicing equipment, cherry pickers or other devices used to raise or lower workers, snow removal equipment, or road maintenance equipment.

f. Vehicles used primarily for purposes other than transportati on of persons or cargo. However, self-propelled vehicles with permanently att ached equipment listed below are not mobile equipment but will be considered autos:1) Snow removal, road maintenance and street cleaning equipment.2) Any equipment listed in Defi niti on 6, Part e.

7. “Accident” means a sudden, unexpected and unintended event that causes bodily injury or property damage and arises out of the ownership, maintenance or use of your insured auto.

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8. “Loss” means sudden, direct and accidental destructi on of, theft or damage to your insured auto.

9. “Your Insured Auto” means:a. Any auto described in the Declarati ons and any auto you replace it with. If you

want coverage for Liability to Others to apply to any replacement auto, you must noti fy us within 30 days of its acquisiti on. Coverage for Damages to Your Auto, however, will not apply to the replacement unti l you have noti fi ed us of your intent to insure this vehicle.

b. Any additi onal auto which you acquire during the policy period provided we already insure all autos that you own. You must, however, noti fy us within 72 hours of its acquisiti on. Coverage for Damages to Your Auto does not apply unti l you have noti fi ed us of its acquisiti on and you have noti fi ed us in writi ng and have paid the applicable premium for coverage.

c. Any auto not owned by you while you are temporarily driving it as a substi tute for any other auto described in this defi niti on because of its withdrawal from normal use due to breakdown, repair, servicing, loss, or destructi on. Coverage for Damage to Your Auto does not apply to these temporary substi tute autos.

10. “Occupying” means in, on, getti ng into, getti ng off , or getti ng out of.11. “State” means the District of Columbia, any state, territory or possession of the United

States and any province of Canada.12. “Relati ve” means, if you are an individual, a person living in your household related to

you by blood, marriage or adopti on, including a ward, stepchild or foster child. 13. “Insured” means any person or organizati on qualifying as an insured under the

coverage wording of each separate coverage secti on of this Policy.14. “Pollutant” 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, reconditi oned or reclaimed.

15. Trailer means a vehicle designed to be pulled by another vehicle. DUTIES AFTER AN ACCIDENT OR LOSS NOTICE OF ACCIDENT OR LOSSIn the event of an accident or loss, you must report it to us immediately by calling our toll-free claims reporti ng number 1-800-468-3466. The report must give the ti me, place and circumstances of the accident or loss, including the names and addresses of any injured persons, of any witnesses and the license plate numbers of the vehicles involved.

GENERAL DUTIESA person claiming any coverage under their Policy must:

1. Cooperate with us in the investi gati on, sett lement or defense of any claim or lawsuit.2. Promptly send us copies of any noti ces or legal papers fi led or received in connecti on

with the accident or loss.3. Submit, as oft en as we reasonably require, to physical examinati ons by physicians we

select. We will pay for these examinati ons.4. Authorize us to obtain:

a. medical reports; andb. other perti nent records as we require.

5. Submit a writt en proof of loss when required by us.

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6. Att end hearings and trials as required.7. Provide us with signed and recorded statements and submit to examinati ons under

oath as we may reasonably require.8. Refuse, except at your personal expense, to assume any obligati ons or incur any

expense at the ti me of any accident.9. Convey ti tle to and possession of the damaged, destroyed, or stolen property to us

if our payment is based on a total loss or constructi ve total loss of the property; a constructi ve total loss occurs when the cost of repairs exceeds the lesser of the actual cash value of the damaged property immediately before the loss, or the Limits of Liability of the damaged property as indicated in the Declarati ons.

ADDITIONAL DUTIES FOR UNINSURED MOTORIST COVERAGEA person seeking Uninsured Motorists Coverage must also:

1. Immediately noti fy the police if a hit-and-run driver is involved, but no later than 24 hours aft er the accident.

2. Serve a copy of any legal acti on and all pleadings on us as required by law.ADDITIONAL DUTIES FOR COVERAGE FOR DAMAGE TO YOUR AUTOA person seeking coverage for damage to your insured auto must also:

1. Take reasonable steps aft er a loss to protect the insured auto and its equipment from further loss, provided that we shall pay reasonable expenses incurred in providing that protecti on, provided further that if you fail to do so, any further damages will not be covered under this Policy. Keep a record of your expenses for considerati on in the sett lement of a claim.

2. Promptly noti fy the police, within 24 hours of the occurrence, if your insured auto or any of its equipment is stolen or vandalized; and

3. Permit us to inspect and appraise the damaged property before its repair or disposal. Failure to comply with any of the above duti es shall void coverage under this Policy and relieve us of all duti es to investi gate, sett le, defend, pay any judgment or otherwise honor any claims.

PART I > LIABILITY TO OTHERS COVERAGE FOR BODILY INJURYWe will pay on behalf of an insured, damages, other than puniti ve or exemplary damages, for which an insured is legally liable because of bodily injury or property damage caused by an accident and arising out of the ownership, maintenance or use of your insured auto.

COVERAGE FOR PROPERTY DAMAGEAs we think appropriate, we may sett le or defend any claim for these damages. We will not, however, be responsible to pay any amount over the Limits of Liability as defi ned in this Part.

In additi on to our Limits of Liability, we will pay all defense costs we incur to defend lawsuits seeking damages payable under the terms of this Policy. Our duty to sett le or defend ends when we have off ered to pay our Limits of Liability for claims arising out of any one accident.

ADDITIONAL DEFINITIONS USED IN THIS PART ONLYAs used in this part, “Insured” means:

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1. You while driving your insured auto.2. Any additi onal driver listed on your Policy but only while driving your insured auto;3. You while driving any auto other than your insured auto, except:

a. an auto you hire or borrow from your employees or members of your household.

b. autos furnished for your regular or frequent use.c. an auto hired by you unless it is specifi cally listed in the Policy Declarati ons.

4. Any other person or organizati on with respect only to legal liability of that person or organizati on for acts or omissions of any person covered under this part while driving your insured auto. However, the owner or anyone else from whom you hire or borrow an insured auto is an insured only if that auto is a trailer connected to an insured auto you own.

5. Anyone else driving your insured auto with your express permission and within the scope of that express permission. However, the owner or anyone else from whom you hire or borrow an insured auto is an insured only if that auto is a trailer connected to an insured auto you own.

When used in Part I, “autos” include:

1. Only trailers with a load capacity of 2,000 pounds or less designed primarily for travel on public roads.

2. Mobile Equipment but only while being carried or towed by your insured auto. ADDITIONAL PAYMENTSWe will pay, in additi on to our Limits of Liability:

1. All costs we incur in the sett lement of a claim or defense of a lawsuit seeking damages payable under the terms of this Policy.

2. Interest accruing aft er a judgment is entered in any lawsuit we defend where damages are payable under the terms of this Policy. Our duty to pay interest ends when we off er to pay that part of the judgment which does not exceed our Limits of Liability. If there is an excess liability Policy, we will only pay interest on that porti on of the judgment that does not exceed our Limits of Liability.

3. Premiums on appeal and att achment bonds required in any lawsuit we defend. We will not pay the premium for an att achment bond that is more than our Limit of Liability. We have no duty to apply for or furnish bonds.

4. Up to $250 for a bail bond required because of an accident or traffi c law violati on arising out of the use of your insured auto, but we have no duty to apply for or furnish such a bond;

5. Reasonable expenses, except loss of earnings, incurred at our request. EXCLUSIONSPLEASE READ THE EXCLUSIONS CAREFULLY. IF ANY EXCLUSION APPLIES, YOU WILL NOT HAVE COVERAGE FOR AN ACCIDENT OR LOSS THAT OTHERWISE WOULD BE COVERED UNDER THIS POLICY.

LIABILITY TO OTHERS and OUR DUTY TO DEFEND does not apply to:

1. Bodily injury or property damage either expected or caused intenti onally by or at the directi on of an insured.

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2. Any liability assumed by an insured under any contract or agreement including liability imposed upon an insured by statute arising from the insured’s sponsorship of a minor for an operator’s license.

3. Any obligati on for which an insured or the insurer of that insured may be held liable under a Workers’ Compensati on, Unemployment Compensati on, Disability Benefi ts law or any similar law.

4. Bodily injury or property damage for which any person is insured under nuclear energy liability insurance. This exclusion applies even if the limits of that insurance are exhausted.

5. Bodily injury to fellow employees of the insured arising in the course of their employment. This does not apply to injuries for which the insured is legally liable.

6. Bodily injury, property damage or loss due to defects, defi ciencies, inadequacies or dangerous conditi ons in your products or in work you performed. This includes erroneous deliveries of liquids into a wrong receptacle or to a wrong address, and erroneous delivery of one liquid product for another.

7. Bodily injury to an employee of an insured, or a spouse, child, parent, brother, or sister of that employee, arising out of or within the course of employment. This exclusion applies whether the insured may be liable as an employer or in any other capacity, and to any obligati on to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply, however, to bodily injury to domesti c employees who are not enti tled to Workers’ Compensati on, disability benefi ts or other similar law.

8. Bodily injury or property damage arising out of auto business operati ons, including, but not limited to, the selling, repairing, servicing, storing or parking of autos.

9. Damage to property owned or being transported by an insured, or in the care, custody, or control of the insured, including damage to autos being towed by the insured.

10. Damage to property rented to an insured except a residence or private garage.11. Bodily injury or property damage resulti ng from the movement of property by a

mechanical device, other than a hand truck, unless the device is permanently att ached to the insured auto.

12. Bodily injury or property damage resulti ng from or caused by the loading of property before it has been accepted by the insured for loading in or on the insured auto or the unloading of property aft er it has been taken off or out of the insured auto and deposited at the place of fi nal delivery.

13. Bodily injury or property damage resulti ng from anyone loading or unloading your insured auto who is not your employee, a renter or borrower of the insured auto, or their employee.

14. Bodily injury or property damage arising out of the ownership, maintenance or use of an auto, other than your insured auto, which is owned by or furnished or available for regular use by you.

15. Bodily injury or property damage arising out of the actual, alleged or threatened discharge, seepage, migrati on, dispersal, release or escape of pollutants:a. That are contained in any property that is:

1) Being transported or towed by, or handled for movement into, onto or from the insured auto;

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2) Otherwise being transported by or on behalf of the insured; or3) Being stored, disposed of, treated or processed in or upon the insured 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 insured auto; or

c. Aft er the pollutants or any property in which the pollutants are contained are moved from the insured auto to the place where they are fi nally delivered, disposed of or abandoned by the insured.

Paragraph a, part 3 of this exclusion does not apply to fuels, lubricants, fl uids, exhaust gases or other similar pollutants that are needed for or result from the normal electrical, hydraulic or mechanical functi oning of the insured auto or its parts, if:1) The pollutants escape or are discharged, dispersed or released directly from

an insured auto part designed by its manufacturer to hold, store, receive or dispose of such pollutants; and is a part that would be required for the customary operati on of the insured auto; and

2) The bodily injury or property damage does not arise out of the operati on of any mobile equipment.

Paragraphs b. and c. of this exclusion 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 an insured auto if:1) 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 an insured auto; and

2) The discharge, dispersal, release or escape of the pollutants is caused directly by such upset, overturn or damage.

16. Any loss, cost or expense arising out of any governmental directi on or request that you test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize pollutants.

17. Bodily injury to you or an insured, including bodily injury to an insured which is caused by the spouse or relati ve of that insured.

18. Bodily injury or property damage arising out of the operati on of your insured auto by any driver not meeti ng legal age requirements to operate a vehicle in the state shown in the Declarati ons.

19. For bodily injury or property damage arising out of the ownership or maintenance of an insured auto while it is being operated in or while in practi ce or preparati on for any race event, hill climb, demonstrati on, speed contest or performance contest regardless of whether such event is prearranged or organized.

20. Bodily injury or property damage due to war (declared or undeclared), civil war, insurrecti on, rebellion, revoluti on, or to any act or conditi on incidental to these.

21. Bodily injury or property damage caused when your insured auto is used to carry persons for a fee. This exclusion does not apply to shared-expense car pools whose members are on the way to or from the same place of employment.

22. Bodily injury or property damage arising from the operati on of any equipment listed in the defi niti on of 6, mobile equipment, paragraph e, regardless of whether the equipment is an insured auto or is att ached to an insured auto.

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23. Bodily injury resulti ng from the discharge of any fi rearm or weapon in connecti on with the ownership, maintenance or use of any auto.

24. Bodily injury or property damage while using an auto beyond the scope of the owner’s express or implied permission.

25. Property damage to property:a. rented to;b. used by; transported by; or c. in the care, custody, control of;an insured. This exclusion does not apply to a rented residence or rented garage.

26. Any obligati on for which the United States Government is liable under Federal Tort Claim Act.

27. Bodily injury or property damage caused by or through the ownership, use or operati on of any mobile equipment or other apparatus att ached to or pulled by your insured auto except while your insured auto is in transit on a public roadway.

28. Bodily injury or property damage resulti ng from the explosion or discharge of Class A and B explosives, poisonous gas, liquid gas, compressed gas, or radioacti ve material and all other materials and/or commoditi es as listed in the Motor Carrier Act of 1980 (49 CFR 173, 172.101, 173.389, 171.389, 171.8), manufactured, sold, transported, handled or distributed by an insured.

29. Bodily injury or property damage if your insured auto or a non-owned auto is att ached to a trailer with load capacity in excess of two thousand (2,000) pounds if it is not listed in the Declarati ons and it:a. is owned by you or your employee; orb. has been hired or borrowed by you or your employee for more than 60 consecuti ve

calendar days.CONFORMITY WITH STATE FINANCIAL RESPONSIBILITY LAWSWhen we certi fy this Policy as proof of fi nancial responsibility under any fi nancial responsibility law, it will comply with the law to the extent of the coverage required by the law in the state where the Policy is certi fi ed. You must reimburse us for any payment we make which we would not have been obligated to make under the terms of this Policy except for the agreement contained in this paragraph.

When we certi fy this Policy as proof under any fi nancial responsibility law, we will apply the Limits of Liability to provide the separate limits required by such law to the extent of the coverage provided by the law in the state where the Policy is certi fi ed. The separate applicati on of the Limits of Liability for any covered auto will not increase our total Limits of Liability under this Policy.

FILINGSYou must reimburse us for any payment we make which we would not have been obligated to make under the terms of this Policy except for fi lings made on your behalf with any City, State, Federal or other regulatory commission.

LIMITS OF LIABILITYRegardless of the number of insured autos, separate premiums paid, insured persons, claims made, vehicles involved or lawsuits brought, we will pay the Limits of Liability shown in the Declarati ons subject to the following:

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1. The limit for “each person” is the maximum we will pay for bodily injury sustained by any one person in any one accident, and includes all derivati ve claims which include but are not limited to loss of society, loss of companionship, loss of services, loss of consorti um and wrongful death.

2. Subject to the bodily injury limit for “each person,” the limit for “each accident” is the maximum we will pay for bodily injury sustained by two or more persons in any one accident and includes all derivati ve claims which include but are not limited to loss of society, loss of companionship, loss of services, loss of consorti um and wrongful death.

3. The property damage liability limit for “each accident” is the maximum we will pay for all damage to property in one accident.

Any amount payable under this coverage to or for an insured will be reduced by any payment made to that person under any Uninsured Motorists and Medical Payments Coverage of this Policy.

Out of State InsuranceIf an insured becomes subject to the fi nancial responsibility laws or the compulsory insurance law or similar law of another state because of the ownership, maintenance or use of your insured auto in that state, we will interpret this Policy to provide any broader coverage required by those laws. Any broader coverage so aff orded shall be reduced to the extent that other vehicle liability insurance applies. No person may, in any event, collect more than once for the same elements of loss.

PART II > EXPENSES FOR MEDICAL SERVICES TO INSUREDSCOVERAGE FOR MEDICAL PAYMENTSIf you purchase this coverage, we will pay reasonable expenses incurred one year from the date of the accident for necessary medical expenses because of bodily injury sustained in the accident by an insured while driving your insured auto.

ADDITIONAL DEFINITIONS USED IN THIS PART ONLY1. As used in this Part, “Insured” means:

a. You, if an individual, or a relati ve while occupying your insured auto.b. Any other person occupying your insured auto while being used by you, a relati ve

or another person if that person has your express permission to use the insured auto and it is used within the scope of your express permission.

2. “Medical expenses” means reasonable, necessary and curati ve medical, surgical, dental, x-ray, ambulance, hospital and funeral services, including the cost of pharmaceuti cals, orthopedic and prostheti c devices.

3. “Accident” means a sudden, unexpected and unintended event that causes bodily injury.

EXCLUSIONSPLEASE READ THE EXCLUSIONS CAREFULLY. IF AN EXCLUSION APPLIES, YOU WILL NOT HAVE COVERAGE FOR AN ACCIDENT THAT OTHERWISE WOULD BE COVERED UNDER THIS POLICY.

We do not cover medical expenses incurred because of bodily injury to any person:

1. Caused when your insured auto is used to carry persons for a fee. This exclusion does not apply to shared-expense car pools whose members are on the way to or from the same place of employment.

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2. Occupying a vehicle while being used as a residence or premises.3. Sustained while occupying an auto which is owned by or furnished or available for

regular use by you or a relati ve and not listed in the Declarati ons of this Policy. 4. Occurring in the course of employment if benefi ts are payable or must be provided

under a Workers’ Compensati on law or similar law.5. Caused by war (declared or undeclared), civil war, insurrecti on, rebellion, revoluti on,

nuclear reacti on, radiati on or radioacti ve contaminati on, or a consequence of any of these.

6. Occurring while an insured person commits or att empts to commit a felony, for which a convicti on results, or by an insured person while involved in an illegal occupati on.

7. For bodily injury or property damage arising out of the ownership or maintenance of your insured auto while it is being operated in or while in practi ce or preparati on for any race event, hill climb, demonstrati on, speed contest or performance contest regardless of whether such event is prearranged or organized.

8. Caused by the operati on of your insured auto by any driver not meeti ng legal age requirements to operate a vehicle in the state shown in the Declarati ons.

9. While it is being used or maintained by a person when employed or engaged in the business of selling, repairing, parking, storing, servicing, delivering or while testi ng, road testi ng, parking or storing autos.

10. To any person enti tled to receive similar services from the United States Government or its military services.

LIMITS OF LIABILITYRegardless of the number of autos described in the Declarati ons, Insureds, claims or Policies, or autos involved in the accident, we will pay no more than the Limits of Liability shown for this coverage in the Declarati ons for each insured injured in any one accident.

Any amount paid or payable for the same medical expenses under the Liability or Uninsured Motorists coverages of this Policy shall be deducted from the amounts payable under this Part.

TRUST AGREEMENTIf we pay an insured person for loss under this Coverage, we have a lien against the proceeds of any sett lement made by that person against any other party who is legally liable for the injuries sustained. An insured person must hold in trust for us all rights that person has against any other person or organizati on legally responsible for the bodily injury sustained. An insured person receiving payment under this secti on shall do whatever is necessary to protect our rights under this Trust Agreement.

OTHER INSURANCEIf there is other applicable auto medical payments insurance we will pay only our share of the loss. Our share is the proporti on that our Limits of Liability bears to the total of all applicable limits. However, any insurance we provide with respect to a vehicle you do not own shall be excess over any other collecti ble auto insurance providing payments for medical expenses.

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PART III > UNINSURED/UNDER INSURED MOTORISTS COVERAGEINSURING AGREEMENTWe will pay damages, other than puniti ve or exemplary damages, for bodily injury to an insured and property damage to your insured auto which an insured is legally enti tled to recover from the owner or operator of an uninsured motor vehicle or underinsured motor vehicle up to the Limits of Liability as defi ned in this Part III - Uninsured/Underinsured Motorist Coverage. We will not pay damages for property damage to your insured auto which an insured is legally enti tled to recover from the owner or operator of an underinsured motor vehicle. The bodily injury must be accidental and arise out of the ownership, maintenance or use of an uninsured motor vehicle.

However, if you have purchased Coverage IV - Collision, and Coverage III - Uninsured Motorist Bodily Injury Coverage, we will not pay damages for property damage to your insured auto which an insured is legally enti tled to recover from the owner or operator of an uninsured motor vehicle, but your Coverage IV - Collision deducti ble shall apply only to the extent that it exceeds the lesser of the damages to which you are legally enti tled or $3,500.

Any judgment for damages arising out of a suit is not binding on us unless we have been served with a copy of the summons, complaint or other process against the uninsured motorist, in accordance with the laws of California.

ADDITIONAL DEFINITIONS USED IN THIS PART ONLY1. “Insured” as used in this Part means:

a. You.b. Any other person occupying your insured auto. However, no person shall be considered an insured if the person driving your

insured auto does so without your express permission or outside the scope of that express permission.

2. “Your Insured Auto” as used in this Part means your insured auto, as defi ned in the “Defi niti ons” Secti on of your Policy, but only if that auto is owned by you.

3. a. With respect to bodily injury, “uninsured motor vehicle” means a motor vehicle which is:1) not insured by a bodily injury liability bond or Policy at the ti me of the

accident;2) insured by a bodily injury bond or Policy at the ti me of the accident but the

Company denies coverage or becomes insolvent;3) a “hit-and-run vehicle” whose operator or owner is unknown and which

strikes an insured or an auto which the insured is occupying. The insured or someone on his or her behalf must report the accident to the police within 24 hours aft er the accident. Each person making a claim under this Part III must give us full details of their injuries and treatment.

However, “uninsured motor vehicle” does not include any vehicle or equipment:1) Owned by:

a) The United States of America;b) Canada;c) a state;d) any other governmental enti ty or unit; ore) an agency of a), b), c), or d) above

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2) Operated on rails or crawler treads.3) Which is a farm type tractor or equipment designed mainly for use off public

roads while not on public roads.4) While located for use as a residence or premises. 5) owned or operated by you or a relati ve or furnished for you or any relati ve’s

regular use.b. With respect to property damage to your insured auto, “uninsured motor

vehicle” means a motor vehicle which is:1) not insured by a property damage liability bond or Policy at the ti me of the

accident;2) insured by a property damage liability bond or Policy at the ti me of the

accident but the Company denies coverage or is or becomes insolvent; provided there is direct physical contact between your insured auto and the

uninsured motor vehicle and provided that you or someone on your behalf shall have reported the accident within thirty (30) days to us.

However, “uninsured motor vehicle” does not include any vehicle or equipment:1) Owned by:

a) The United States of America;b) Canada;c) a state;d) any other governmental enti ty or unit; ore) an agency of a), b), c), or d) above

2) Operated on rails or crawler treads.3) Which is a farm type tractor or equipment designed mainly for use off public

roads while not on public roads.4) While located for use as a residence or premises. 5) owned or operated or furnished for the regular use by an insured person or

a relati ve;6) a motor vehicle which has at least the minimum property damage liability

limits required by law even when such property damage or liability limits are not suffi cient to compensate for all property damage caused by the owner or operator of the vehicle.

4. “Underinsured Motor Vehicle” means a motor vehicle that is an insured motor vehicle but for which the sum of the Limits of Liability under all liability bonds, insurance policies, and cash deposits applicable at the ti me of the accident is less than the applicable Limits of Liability for underinsured motorists coverage.

However, “underinsured motor vehicle” does not include any vehicle or equipment:1) Owned by:

a) The United States of America;b) Canada;c) a state;d) any other governmental enti ty or unit; ore) an agency of a), b), c), or d) above

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2) Operated on rails or crawler treads.3) Which is a farm type tractor or equipment designed mainly for use off public

roads while not on public roads.4) While located for use as a residence or premises. 5) owned by or operated by you or a resident of your household or furnished

for you or any relati ve’s regular use.5. “Insured Motor Vehicle” is a motor vehicle that is insured under a motor vehicle

liability Policy, automobile liability insurance Policy, self-insured, or for which a cash deposit or bond has been posted to sati sfy a fi nancial responsibility law.

EXCLUSIONSThis coverage does not apply:

1. To bodily injury sustained by a person while occupying an auto owned by you or a family member for which insurance is not aff orded under Part I - Liability Coverage, or through being struck by that auto.

2. To bodily injury or property damage sustained by a person if that person or the legal representati ve of that person makes a sett lement or prosecutes any acti on to judgment without our writt en consent.

3. To bodily injury sustained by a person while occupying your insured auto while being used as a public livery or conveyance. This exclusion does not apply to shared-expense car pools.

4. To loss or damage to personal property contained with or in your insured auto. 5. For the benefi t of any insurer or self-insurer under any Workers’ Compensati on

disability benefi ts, or other similar law of the United States of America or any state or any politi cal subdivision thereof.

6. To accidents occurring outside any state, territory, or possession of the United States and any province or territory of Canada, or while an auto is being transported between their ports.

7. For the benefi t of the United States or any of its military services or agencies. 8. To bodily injury sustained while occupying an insured auto without the express or

implied permission of you or a family member. 9. If the property is contained in or struck by an auto (other than your insured auto)

owned by you or any relati ve. 10. To bodily injury or property damage while occupying, or when struck by, any auto

owned by or furnished for the regular use of you or any relati ve other than your insured auto. This includes a trailer of any type used with that auto.

11. For any puniti ve or exemplary damages, or legal costs related thereto. 12. To bodily injury sustained while operati ng, or as a passenger on a motorcycle. LIMITS OF LIABILITYA. With respect to bodily injury, regardless of the number of insured motor vehicles,

separate premiums paid, insureds, claims made, vehicles involved, or lawsuits brought, we will pay the Limits of Liability shown in the Declarati ons subject to the following: 1. the limit for “each person” is the maximum we shall pay for bodily injury sustained

by any one person in any one accident, and includes all derivati ve claims which include but are not limited to loss of society, loss of companionship, loss of services, and loss of consorti um;

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2. subject to the bodily injury limit for “each person” the limit for “each accident” is the maximum we shall pay for bodily injury sustained by two or more persons in any one accident and includes all derivati ve claims which include but are not limited to loss of society, loss of companionship, loss of services, and loss of consorti um.

Any amounts payable under this Part III shall be reduced by all sums:1) paid or payable for or on behalf of any persons or organizati ons who may

be legally responsible, including but not limited to, all sums paid under Part I - Liability Coverage;

2) paid or payable under Part II - Medical Payments;3) paid or payable under any valid and collecti ble automobile medical payment

coverage, Workers’ Compensati on coverage or disability benefi ts law. In no event shall the Limits of Liability for two or more motor vehicles or two or more

policies be added together, combined or stacked to determine the Limits of Liability coverage available to an insured.

B. With respect to property damage, the Limits of Liability is $3,500 for loss or damage to your covered auto.

Any amount payable for property damage under this Part III - Uninsured/Underinsured Motorist Coverage shall be reduced by all sums paid or payable by the owner or operator of an uninsured motor vehicle or by any organizati on or other person which may be jointly or severally liable for such damages.

If you have purchased Coverage IV - Collision, we will not pay damages for property damage to your insured auto under this Part, but your Coverage II - Collision deducti ble shall apply only to the extent that it exceeds the lesser of the damages to which you are enti tled or $3,500.

OTHER INSURANCEIf there is other applicable uninsured or underinsured motorist coverage, we will pay only our share of the damages. Our share is the proporti on that our Limits of Liability bears to the total of all available limits. Any insurance we provide shall be excess over any other uninsured or underinsured motorist coverage, except for bodily injury to you or a family member when occupying an insured auto.

We will not pay for any damages which would duplicate any payment made for damages under other insurance.

If any insured person is injured while not occupying a motor vehicle, the coverage provided under this Policy shall be excess to any uninsured or underinsured motorist coverage provided by a Policy under which that insured person is a named insured. If you are injured while not occupying a motor vehicle, and are also a named insured under any other Policy, our coverage will pay the proporti onate share that our limits bear to the total available uninsured or underinsured motorist coverage limits.

ARBITRATIONIf an insured and we do not agree (1) that the insured is legally enti tled to recover damages from the owner or operator of an uninsured motor vehicle, or underinsured motor vehicle or (2) as to the amount of payment under this Part C - Uninsured/Underinsured Motorists Coverage, either that person or we may demand that the issue be determined by arbitrati on.

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In that event, the matt er or matt ers upon which the parti es do not agree shall be sett led by a single neutral arbitrator whose decision may be entered in any court having jurisdicti on. Each party will pay the expenses of the arbitrator equally. As respects property damage, arbitrati on proceedings must be formally insti tuted by the insured within one (1) year from the date of the accident.

The decision of the arbitrator is binding as to:

1. whether the insured is legally enti tled to recover damages; and2. the amount of damages but this applies only if the amount does not exceed the

minimum limits of liability specifi ed by the fi nancial responsibility laws of the state listed on your applicati on as your residence. If the decision of the arbitrator exceeds this minimum limit, either party may demand the right to a trial. This demand must be made in writi ng within sixty (60) days of the arbitrator’s decision. If this demand is not made, the amount of damages agreed to by the arbitrator will be binding.

TRUST AGREEMENTIf we pay an insured under this Part III - Uninsured/Underinsured Motorist Coverage:

1. we are enti tled to recover from the insured an amount equal to such payment if there is a legal sett lement made in his or her behalf against the person or organizati on legally responsible for the bodily injury and/or property damage.

2. the insured must hold in trust for us all rights to recover money which the insured has against the person or organizati on legally responsible for bodily injury and/or property damage.

3. the insured must do everything proper to secure our rights of recovery and do nothing to prejudice these rights.

4. if we ask the insured in writi ng, the insured shall take necessary or appropriate acti on, through a representati ve designated by us, to recover payment as damages from the responsible person or organizati on. If there is a recovery, then we shall be reimbursed out of the recovery for expenses, costs and att orney’s fees incurred in connecti on with this recovery.

5. the insured must execute and deliver to us any legal instruments or papers necessary to secure the rights and obligati ons of the insured and us as established here.

PART IV > AUTO DAMAGE COVERAGEIf you pay a specifi c premium for Auto Damage Coverage, we will pay for loss to your insured auto or its equipment less any applicable deducti bles for each separate loss caused by:

1. “Collision” only if the Declarati ons indicate that Collision Coverage is provided for that auto, or

2. “Comprehensive” only if the Declarati ons indicate that Comprehensive Coverage is provided for that auto, or

3. “Fire and Theft with combined additi onal coverage” only if the Declarati ons indicate that Fire and Theft with combined additi onal coverage is provided for that auto.

PAYMENT OF LOSSWe may pay the loss in money or repair or replace damaged or stolen property with other of like, kind and quality. We may, at any ti me before the loss is paid or the property is replaced, return, at our expense, any stolen property either to you or to the owner or to the address shown in the Declarati ons, with payment for any resulti ng damage. We may keep all or part of the property at the agreed or appraised value, but there shall be no abandonment to us.

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We may make payment for a loss to you or to the owner of the property and to a repair facility and to any applicable lienholder. Payment for a loss is required (1) only if you have fully complied with the Policy provisions, and (2) no later than sixty days aft er we have received proof of loss.

TOWING AND STORAGE CHARGESIf you pay a premium for Collision, Comprehensive, or Fire and Theft with combined additi onal coverage under this Policy, aft er an auto accident, to your insured auto, we will pay you:

1. up to $250.00 per accident for Towing charges.2. up to $25.00 per day, but not more than a total of $375.00 per accident, for Storage

charges.You or a relati ve must advise us of these charges accruing within 24 hours of the accident.

COVERAGE EXTENSIONWe will pay up to $15 per day to a maximum of $450 for transportati on expense incurred by you because of the total theft of a covered “auto” of the private passenger type. We will pay only for those covered “autos” for which you carry either Comprehensive or Fire and Theft with combined additi onal coverage. We will pay for transportati on expenses incurred during the period beginning 48 hours aft er the theft and ending, regardless of the Policy’s expirati on, when the covered “auto” is returned to use or we pay for its “loss”.

ADDITIONAL DEFINITIONS USED IN THIS PART ONLYAs used in this Part:

1. “Collision” means collision of your insured auto with another object or upset of your insured auto. Loss caused by missiles, falling objects, fi re, theft or larceny, explosion, earthquake, windstorm, hail, water, fl ood, malicious mischief or vandalism, riot or civil commoti on, colliding with a bird or animal, or breakage of glass is not loss caused by “collision.” If breakage of glass results from a collision, it will be treated as loss caused by collision.

2. “Comprehensive” means loss other than that caused by collision. 3. “Fire and theft with combined additi onal coverage” means loss caused by:

a. fi re or lightning, orb. smoke or smudge due to a sudden, unusual, and faulty operati on of any fi xed

heati ng equipment serving the premises on which the insured auto is located, orc. the stranding, sinking, burning, collision, or derailment of any conveyance in or

upon which the insured auto is being transported, ord. windstorm, hail, earthquake, explosion, fl ood or rising waters, ore. the forced landing or falling of any aircraft or its parts or equipment, or f. external discharge or leakage of water except loss resulti ng from rain, snow, sleet,

whether or not wind-driven, or g. malicious mischief or vandalism, orh. theft , larceny, robbery, or pilferage, ori. collision with birds or animals.

4. “Loss” is changed to mean direct and accidental loss or damage to your insured auto including, however, only equipment which is permanently att ached and forming part of the insured auto.

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EXCLUSIONSPLEASE READ THE EXCLUSIONS CAREFULLY. IF ANY EXCLUSION APPLIES, YOU WILL NOT HAVE COVERAGE FOR A LOSS THAT OTHERWISE WOULD BE COVERED UNDER THIS POLICY.

We do not cover loss:

1. Caused by war (declared or undeclared), civil war, warlike acti on or acti on taken to defend against an actual or expected att ack, riot, insurrecti on, rebellion, revoluti on, nuclear contaminati on, and any consequence of any of these is excluded regardless of any cause or event that contributes concurrently or in any sequence to the loss.

2. Loss to:a. electronic equipment designed solely for the reproducti on of sound, including

1) radios and stereos;2) tape decks; or3) compact disc players.

This does not apply to such equipment which is permanently installed in your insured auto in the opening of the dash or console specifi ed by the manufacturer of the insured auto for the installati on of such equipment.

b. any other electronic equipment that receives or transmits audio, visual, or data signals, including:1) citi zens band radios;2) telephones;3) two-way mobile radios;4) scanning monitor receivers;5) television monitor receivers;6) video cassett e recorders;7) audio cassett e recorders; 8) personal computers;9) radar detectors; or10) home high fi delity equipment.

c. tapes, records, discs, or other media used with equipment described in a. or b. above.

d. any other accessories or antennas used with equipment described in a. or b. above.

3. To chrome, reverse chrome, alloy or magnesium wheels, chrome engine accessories, racing slicks or non-factory installed tachometer or pressure gauges.

4. To camper units, pickup covers, caps or shells, or other detachable living quarter units, whether att ached or detached.

5. To any T-bar roof, bubble dome, bubble window or other deluxe roof treatment, window treatment or to any custom paint work or body work, including lett ering and decals.

6. To equipment such as booms, drill rigs, welders, winches, hazard lights, chains, tarpaulins, binders, cargo securing devices, lift s or removable sides.

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7. To any swivel chairs, appliances, furniture, special carpeti ng, paneling, or other equipment or accessories which change the use or appearance of the interior of the insured auto.

8. To any non-factory installed equipment which mechanically or structurally changes the insured auto and results in an increase in performance or a change in appearance.

9. Resulti ng from any manufacturer defect, wear and tear, freezing, mechanical or electrical breakdown or failure. But, coverage does apply if the damage is the result of other loss covered by the Policy.

10. To an insured auto when used in auto business operati ons, including the selling, repairing, servicing, storing or parking of autos.

11. To wearing apparel, tools, or personal eff ects.12. To ti res, unless damaged by fi re, theft , malicious mischief, vandalism, or unless the loss

occurs at the same ti me and from the same cause as any other loss covered by this Policy.

13. While the insured auto is used in any illicit trade or transportati on.14. Due to the use of the insured auto for transportati on of any explosive substance,

fl ammable liquid, or similarly hazardous material.15. While the insured auto is driven in or preparing for any race event, hill climb,

demonstrati on, speed contest or performance contest regardless of whether such event is prearranged or organized.

16. While the insured auto is subject to any bailment lease, conditi onal sale, mortgage or other encumbrance not specifi cally declared and described in this Policy.

17. Under Comprehensive Coverage through secreti on, conversion, or embezzlement by any person in lawful possession of the insured auto under a bailment lease, mortgage, conditi onal sale or other encumbrance.

18. Assumed by insured under any contract or agreement.19. Loss caused intenti onally by or at the directi on of you.20. To your insured auto while rented for a fee to any person other than a relati ve. 21. To any trailer, unless a premium has been paid for DAMAGE TO YOUR AUTO COVERAGE

for the trailer involved in the loss. 22. To your insured auto while in anyone else’s possession under a writt en trailer exchange

agreement, provided that this exclusion shall not apply to a loss payee. If we pay the loss payee, you must reimburse us for payment.

23. Due to theft or conversion of your insured auto:a. by you, a relati ve or a resident of your household or an employee;b. prior to its delivery to you; orc. while it is in the care, custody or control of anyone for the purpose of selling your

insured auto. 24. To your insured auto when it is in the care, custody or control of any person for the

purpose of selling or leasing it.

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LIMITS OF LIABILITYOur Limits of Liability for loss shall not exceed the lesser of:

1. the actual cash value of the stolen or damaged property;2. the amount necessary to repair or replace the property with other of the like, kind and

quality;3. the amount stated in the Declarati ons of this Policy.Our payment for loss will be reduced by any applicable deducti ble shown in the Declarati ons. If repair or replacement of damaged property increased the overall value of your insured auto, we may deduct this amount from the repair cost. If we pay the actual cash value of the insured auto less deducti ble, we are enti tled to all salvage.

Further, if the Limits of Liability you declared on the applicati on or endorsement is less than 90% of the actual cash value at the ti me of loss to your insured auto, you will share with us in the cost of repair or replacement as follows:

a. We will pay the same porti on of the loss which the Limits of Liability bears to the actual cash value of your insured auto at the ti me of loss.

b. We will reduce the amount of loss by the Auto Damage deducti ble shown in the Declarati ons prior to calculati ng the proporti onate amount we will pay.

APPRAISALIf we and you do not agree on the amount of loss, either may demand an appraisal of the loss. In this event, each party will select a competent and disinterested appraiser. If the appraisers agree on the amount of the loss, they shall submit a writt en report to us and this shall be deemed to be the amount of the loss.

If the appraisers cannot agree within a reasonable ti me, they shall then choose a competent, imparti al umpire, provided that if they cannot agree on an umpire within fi ft een (15) days, either you or we may peti ti on a judge of a court having jurisdicti on to choose an umpire. The disagreement of the appraisers shall then be submitt ed to the umpire. Subject to the provisions of the Policy, a writt en agreement signed by two of these three will then be the amount of the loss.

Each party will:

1. pay its chosen appraiser; and2. bear the expenses of the appraisal and umpire equally.We do not waive any of our rights under this Policy including our right to deny the claim by agreeing to appraisal.

NO BENEFITS TO BAILEEThis insurance shall not in any way benefi t any person or organizati on caring for or handling property for a fee.

OTHER INSURANCEIf there is other applicable similar insurance on a loss covered by this Part IV, we will pay only that proporti on of the loss that our Limits of Liability bears to the total limits of all applicable insurance.

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PART V > GENERAL PROVISIONS1. POLICY PERIOD, TERRITORY, RENEWALSThis Policy applies only to losses occurring during the Policy period shown in the Declarati ons, and while your insured auto is within the United States, its territories or possessions, or Canada, or between their ports.

If we consent to renew this Policy, we will send you a Renewal Noti ce. When we consent to renew this Policy, you must pay the renewal premium in advance. You will not be protected if you do not pay the renewal premium before your Policy expires. If your renewal premium is postmarked prior to expirati on, we will consider coverage to be paid when due.

2. PREMIUMThe premium for this Policy is computed in accordance with our rules and rati ng plans applicable to the insurance aff orded.

3. CHANGESThis Policy, its applicati ons, all endorsements, and the Declarati ons include all the agreements between you and us relati ng to this insurance. It is the responsibility of the insured to noti fy us of any changes to drivers and vehicles. No change or waiver may be eff ected in this Policy except by endorsement issued by us. If a premium adjustment is necessary, we will make the adjustment as of the eff ecti ve date of the change. When we broaden your coverage during the Policy period without charge, the Policy will automati cally provide the broadened coverage when eff ecti ve. All endorsements to this Policy are subject to these General Provisions unless otherwise modifi ed in the endorsement. Noti ce to any agent or knowledge possessed by an agent or other person shall not change or eff ect or waiver on any porti on of this Policy, nor stop us from exerti ng any of our rights under this Policy.

4. SUIT AGAINST USWe may not be sued unless there is full compliance with all the terms of this Policy. We may not be sued under the Liability to Others Coverage unti l the obligati on of an insured to pay is fi nally determined either by verdict against the insured aft er actual trial or by writt en agreement of the insured, the claimant, and us. No one shall have any right to make us a party to suit to determine the liability of an insured.

5. OUR RECOVERY RIGHTS SUBROGATIONCosts of any mediati on shall be shared equally by both parti es unless the mediator determines that one party has not mediated in good faith.

In the event of a payment under this Policy, we are enti tled to all the rights of recovery that the person or organizati on to whom payment was made has against another. That person or organizati on must sign and deliver to us any legal papers relati ng to that recovery, do whatever else is necessary to help us exercise those rights, and do nothing aft er loss to harm our rights.

When a person has been paid damages by us under this Policy and also recovers from another, the amount recovered from the other shall be held by that person in trust for us and reimbursed to us to the extent of our payment.

6. ASSIGNMENTInterest in this Policy may not be assigned without our writt en consent. If the Policyholder named in the Declarati ons is an individual, and dies, the Policy will cover unti l the end of the Policy period;

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a. The survivor;b. The legal representati ve of the deceased person while acti ng within the scope of duti es

of a legal representati ve and while having proper custody of your insured auto.c. Any person having proper custody of your insured auto unti l a legal representati ve is

appointed, but in no event for more than 30 days aft er the date of such death. 7. BANKRUPTCYWe are not relieved of any obligati on under this Policy because of the bankruptcy or insolvency of an insured.

8. TWO OR MORE AUTO POLICIESIf this Policy and any other auto insurance Policy issued to you by us apply to the same accident, the maximum limit of our liability under all the policies shall not exceed the highest applicable Limits of Liability under any one Policy.

9. FRAUD AND MISREPRESENTATIONWe do not provide coverage for any insured who has made fraudulent statements or engaged in fraudulent conduct in connecti on with any accident or loss for which coverage is sought under this Policy.

The statements made by you in the applicati on are deemed to be representati ons. If any representati on contained in the applicati on is false, misleading or materially aff ects the acceptance or rati ng of this risk by us, by either direct misrepresentati on, omission, concealment of facts or incorrect statements, this Policy may be voidable from its incepti on, whether before or aft er a loss.

If any representati on contained in any noti fi cati on of change is false, misleading or materially aff ects the acceptance or rati ng of this risk by us, by either direct misrepresentati on, omission, concealment of facts or incorrect statements, this Policy may be voidable from the eff ecti ve date of the change, whether before or aft er a loss.

This paragraph shall also apply to misstatement of use and omissions of fact.

10. INSPECTION AND AUDITWe shall have the right to inspect your property and operati ons at any ti me. In doing so, we do not warrant that the property or operati ons are safe or healthful, or are in compliance with any law, rule or regulati on.

We shall also have the right to examine and audit your books and records at any ti me during the Policy period and any extensions of that period and within three years aft er terminati on of the Policy, as far as they relate to the subject matt er of this insurance.

11. OTHER INSURANCEThis Policy provides primary insurance for your insured auto own. It is excess over any other collecti ble insurance for any auto you do not own including a temporary substi tute auto. But while an insured auto which is a trailer is att ached to another auto, liability coverage provided by this Policy for the trailer:

a. is excess while it is att ached to an auto not owned by you;b. is primary while att ached to your insured auto owned by you.When this and other insurance applies on a similar basis, whether primary, excess or conti ngent, we will pay our share only. Our share is the proporti on that our Limits of Liability bear to the total limits of all the Policies covering on a similar basis.

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12. TERMS OF POLICY CONFORMED TO STATUTESTerms of this Policy which are in confl ict with the statutes of the state in which this Policy is issued are hereby amended to conform to the statutes.

13. TERMINATION - CANCELLATION, NONRENEWAL, AUTOMATIC TERMINATION, OTHER TERMINATION PROVISIONSCANCELLATION

This Policy may be cancelled during the Policy period as follows:

1. The named insured shown in the Declarati ons may cancel by:a. returning this Policy to us; orb. giving us advance writt en noti ce of the date cancellati on is to take eff ect.

2. If this Policy has been in eff ect for 60 days or less, we may cancel by mailing noti ce to the named insured shown in the Declarati ons at the address shown in this policy.

3. If this Policy has been in eff ect for more than 60 days or is a renewal or conti nuati on policy, we may cancel by mailing noti ce to the named insured shown in the Declarati ons at the address shown in this policy with:a. at least 10 days noti ce plus 5 days mail ti me if the cancellati on is for nonpayment

of premium or fraud; orb. at least 30 days noti ce plus 5 days mail ti me for all other reasons. Proof of mailing a noti ce of cancellati on shall be proof of cancellati on.

Nonrenewal. If we decide not to renew or conti nue this Policy, we will mail noti ce to the named insured shown in the Declarati ons at the address shown in this Policy. Noti ce will be mailed no less than 60 days in advance and no more than 120 days in advance of the expirati on date of this policy plus 5 days mail ti me.

Automati c Terminati on. If we off er to renew or conti nue and you or your representati ve do not accept, this Policy will automati cally terminate at the end of the current Policy period. Failure to pay the required renewal or conti nuati on premium when due shall mean that you have not accepted our off er. If you obtain other insurance on your covered auto, any similar insurance provided by this Policy will terminate as to that auto on the eff ecti ve date of the other insurance.

Other Terminati on Provisions; Premium Refunds

1. If the law in eff ect in your state at the ti me this Policy is issued, renewed or conti nued:a. requires a longer noti ce period;b. requires a special form of or procedure for giving noti ce; orc. modifi es any of the stated terminati on reasons; we will comply with those

requirements.2. We may deliver any noti ce instead of mailing it. Proof of mailing of any noti ce shall be

suffi cient proof of noti ce. 3. If this Policy is cancelled or amended, you may be enti tled to a premium refund. If so,

we will send you the refund. The premium refund, if any, will be computed according to our manuals in eff ect at the ti me of cancellati on or amendment. However, making or off ering to make the refund is not a conditi on of cancellati on. We reserve the right to apply any refundable unearned premium to any outstanding premium balance due at the ti me the refund is generated.

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4. The eff ec ve date of cancella on stated in the no ce shall become the end of the Policy period.

14. LOSS PAYABLE CLAUSEWe will pay to you and the loss payee named in the Policy Declara ons for loss to an insured auto, as interest may appear.The insurance covers the interest of the loss payee unless the loss results from conversion, secre on, embezzlement, fraudulent acts, omissions or material misrepresenta ons on your part or on the part of anyone that has legal possession or permissive or implied use of your insured auto. 15. ADDITIONAL INTERESTAny liability and any required no-fault coverages aff orded by this Policy for your insured auto also apply to the addi onal interest named in the Declara ons; but such inclusion of addi onal interest or interests shall not operate to increase our Limits of Liability. Such insurance as is aff orded by this endorsement shall be excess over any other valid and collec ble insurance. IN WITNESS WHEREOF, the Company has caused this Policy to be executed and a ested, but this Policy shall not be valid unless countersigned on the Declara ons Page by a duly authorized agent of the Company.

Barry S. Karfunkel Jeffrey Weissmann President Secretary

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THIS ENDORSEMENT APPLIES ONLY IF FORM NUMBER IL0021 (03-92) APPEARS ON THE DECLARATIONS PAGE.

NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT BROAD FORM

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 the Policy is also an insured under a nuclear energy liability Policy issued by Nuclear Energy Liability Insurance Associati on, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Associati on of Canada, or any of their successors, or would be an insured under any such Policy but for its terminati on upon exhausti on of its Limits of Liability; or

(2) Resulti ng from the hazardous properti es of nuclear material and with respect to which (a) any person or organizati on is required to maintain fi nancial protecti on pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof; or (b) the insured is, or had this Policy not been issued would be, enti tled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organizati on.

B. Under any Medical Payments coverage, to expenses incurred with respect to bodily injury resulti ng from the hazardous properti es of nuclear materials and arising out of the operati on of a nuclear facility by any person or organizati on.

C. Under any Liability Coverage, to bodily injury or property damage resulti ng from the hazardous properti es of nuclear material, if:(1) The nuclear material (a) is at any nuclear facility owned by, or operated by or

on behalf of, an insured or (b) has been discharged or dispersed therefrom:(2) The nuclear material is contained in spent fuel or waste at any ti me possessed,

handled, used, processed, stored, transported or disposed of by or on behalf of an insured; or

(3) The bodily injury or property damage arises out of the furnishings by an insured of services, materials, parts or equipment in connecti on with the planning, constructi on, maintenance, operati on or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to property damage to such nuclear facility and any property therein.

2. As used in this endorsement: “Hazardous properti es” include radioacti ve, toxic or explosive properti es; “Nuclear 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 component, solid or liquid, which has been used or exposed to radiati on in a nuclear reactor;

“Waste” means any waste material (a) containing by-product material other than the tailings or wastes produced by the extracti on or concentrati on of uranium or thorium from any ore processed primarily for its source material content, and (b) resulti ng from the operati on by any person or organizati on of any nuclear facility included under the fi rst two paragraphs of the defi niti on of nuclear facility.

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“Nuclear facility” means:(a) Any nuclear reactor;(b) Any equipment or device designed or used for (1) separati ng the isotopes of

uranium or plutonium, (2) processing or uti lizing spent fuel, or (3) handling, processing or packaging waste;

(c) Any equipment or device used for the processing, fabricati ng or alloying of special nuclear material if at any ti me 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 plutonium or uranium 233 or any combinati on thereof, or more than 250 grams of uranium 235.

(d) Any structure, basin, excavati on, premises or place prepared or used for the storage of disposal of waste; and includes the site on which any of the foregoing is located, all operati ons conducted on such site and all premises used for such operati ons;

“Nuclear reactor” means any apparatus designed or used to sustain nuclear fi ssion in a self-supporti ng chain reacti on or to contain a criti cal mass of fi ssionable material;

“Property damage” includes all forms of radioacti ve contaminati on of property. IL0021 (03-92)

THIS ENDORSEMENT APPLIES ONLY IF FORM NUMBER CV284 (04/97) APPEARS ON THE DECLARATIONS PAGE.

ON-HOOK TOWING ENDORSEMENT

We agree with you, in return for your premium and based upon the warranti es and representati ons made by you in your applicati on to extend your Part I - Liability to Others coverage as provided below. Any exclusions or other provisions of Part I - Liability to Others which are in confl ict with the coverage provided below are no longer eff ecti ve to the extent that and only to the extent that, they confl ict with the coverage provided below.

We will pay damages, OTHER THAN PUNITIVE OR EXEMPLARY DAMAGES, for which an insured is legally liable because of property damage to a towed auto caused by the following:

1. fi re or explosion;2. theft ;3. mischief or vandalism;4. collision.We will defend any lawsuit for damages payable under this Endorsement or sett le any claim for those damages as we think appropriate.

The “Defi niti ons: Words and Phrases with Special Meaning” secti on of your Policy, and additi onal defi niti ons used in Part IV - Auto Damage Coverage, apply to this Endorsement, and under this Endorsement.

1. “Insured” means you, your employees, and any other person or organizati on with respect to legal liability of that person or organizati on for acts or omissions of you or your employees while driving your covered auto.

2. “Towed Auto” means an auto not owned by or registered to you while it is being towed by your insured auto. Towed auto includes an auto being engaged for or disengaged from towing.

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The “Additi onal Payments” secti on of Part I - Liability to Others applies to the coverage provided by this Endorsement. However, any limitati ons on additi onal payments stated therein shall apply to all claims under both Part I - Liability to Others and this Endorsement arising from any one (1) accident and in no event shall the additi onal payments for any one (1) accident exceed the limitati ons on additi onal payments stated therein for the aggregate of claims brought under Part I - Liability to Others and this Endorsement.

EXCLUSIONS - PLEASE READ THE EXCLUSIONS CAREFULLY; IF AN EXCLUSION APPLIES, AN INSURED WILL NOT HAVE COVERAGE FOR A LOSS THAT OTHERWISE WOULD BE COVERED UNDER THIS ENDORSEMENT.

Property damage liability insurance coverage provided above and our duty to defend does not apply to:

1. Any liability assumed by an insured under any contract or agreement, including liability imposed on an insured by statute arising from the insured’s sponsorship of a minor for an operator’s license.

2. Any property owned by, rented to, being transported by, used by, or in the charge of an insured, except a towed auto.

3. Property damage to any auto before it has been physically accepted by the insured for towing by your insured auto or aft er it has been disengaged from your insured auto at the place of its towing desti nati on.

4. Property damage caused by the dumping, discharge or escape of pollutants, contaminants, or irritants.

5. Property damage caused while your insured auto is being used in or preparing for any prearranged or organized race, speed contest or performance contest.

6. Property damage due to war, (declared or undeclared), civil war, insurrecti on, rebellion, revoluti on, or to any act or conditi on incident to these.

7. Property damage resulti ng from the explosion or discharge of Class A and B explosives, poisonous gas, liquid gas, compressed gas, or radioacti ve material and all other materials and/or commoditi es as listed in the Motor Carrier Act of 1980 (49 CFR173, 172, 101, 173.389, 171.8); manufactured, sold, transported, handled or distributed by an insured.

8. Loss due to theft or conversion caused in any way by you or your employees.9. Loss caused by defecti ve parts or materials.10. Loss due to faulty work performed by you or contracted for by you.11. Loss to any sound equipment not permanently installed in a towed auto.12. Loss to sound or video receiving equipment, including telephones, scanning monitors,

receivers, or televisions in a towed auto.13. Loss to wearing apparel, tools, and other personal eff ects in a towed auto.14. Loss or damage to the transmission of a towed auto.LIMITS OF LIABILITYRegardless of the number of insured autos, separate premiums paid, insureds, claims made, vehicles involved, or lawsuits brought, the most we will pay for the aggregate of all damages resulti ng from any one accident, aft er applicati on of the deducti ble, is the Limits of Liability shown in the Declarati ons for this coverage. If we pay all or any part of the deducti ble to sett le a claim or suit, you must reimburse us for the deducti ble or that porti on

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of the deducti ble we have paid. Your failure to do so will be grounds for cancellati on of your Policy, pursuant to the cancellati on provisions specifi ed in the “Part VI - General Provisions” secti on of your Policy.

OTHER INSURANCEIf there is other applicable liability insurance on an accident covered by this Endorsement, we will pay the proporti onate share our Limits of Liability bears to the total of all applicable liability limits, All porti ons of your Business Auto Insurance Policy, except as expressly provided above, apply to this Endorsement, including but not limited to the “Noti ce of Accident or Loss,” “Other Duti es,” and “Part V - General Provisions” secti ons of your Policy.

CV284 (04/97)

THIS ENDORSEMENT APPLIES ONLY IF FORM NUMBER CV39 (08/91) APPEARS ON THE DECLARATIONS PAGE.

NON-OWNERSHIP LIABILITY

We agree with you that the insurance provided under Part I - Liability to Others secti on of your Business Auto Policy for your insured auto applies to any non-owned auto used in your business by any of your employees subject to the following provisions:

1. Insured. The Insured provisions under the Bodily Injury and Property Damage Coverages apply to the insurance provided by this endorsement except that none of the following is an insured with respect to a non-owned auto:a. The owner of a non-owned auto and any agent or employee of that owner. b. An executi ve offi cer of yours with respect to an auto owned by him or a member

of his household. 2. When in this endorsement, non-owned auto means an auto which is not owned by

you, registered in your name, hired by you, or used under contract in your behalf. 3. Exclusions. The insurance provided by this endorsement does not apply to bodily

injury and property damage arising out of the ownership, maintenance or use of a non-owned auto used in the conduct of any partnership or joint venture of which you are a partner or member and which is not shown as the Named Insured in the Declarati ons.

4. Other Insurance. The insurance provided by this endorsement is excess over any other valid and collecti ble insurance whether primary, excess or conti ngent.

CV39 (08/91)

THIS ENDORSEMENT APPLIES ONLY IF FORM NUMBER CV285 (04/97) APPEARS ON THE DECLARATIONS PAGE.

COMBINED SINGLE LIMITS OF LIABILITY

A. We agree with you to change the provisions of the Policy under Part I, Liability To Others, to read as follows:Limits of Liability

The Limit of Liability shown in the Policy Declarati ons is the most we will pay for all damages because of bodily injury or property damage as a result of any one accident.

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We will pay no more than this maximum regardless of the number of autos described in the Declarati ons, insureds, claims, claimants or polices, or autos involved in the accident. Any amount payable under this coverage to or for an insured will be reduced by any payment made to that person under the Uninsured/Underinsured Motorists Coverage of the Policy.

B. We agree with you to change the provision of the Policy under Part I, Liability to Others, to read as follows:Conformity with Financial Responsibility Laws

When we certi fy this Policy as proof under any fi nancial responsibility law, we will apply the Limit of Liability to provide the separate limits required by law to the extent of the coverage required by the law in the state where the Policy is certi fi ed. Separate applicati on of the Limit of Liability will not increase our total Limit of Liability. You must reimburse us for any payment we make which we would not have been obligated to make under the terms of the Policy except for the agreement contained in this paragraph.

CV285 (04/97)

THIS ENDORSEMENT APPLIES ONLY IF FORM NUMBER CV59 (12/92) APPEARS ON THE DECLARATIONS PAGE.

HIRED AUTO

We agree that the insurance provided under the Part I - Liability to Others secti on of your Business Auto Policy is modifi ed as follows:

1. The defi niti on of your insured auto includes hired autos. Such insurance also applies to:a. You, as rentee of such auto, in the same manner as if you were the owner, andb. each of the following, as insureds:

i. the owner of such auto,ii. any lessee of whom you are a sub-lesseeiii. any agent or employee of such owner or lessee, while such auto is being used

in your business or by you for personal or pleasure purposes. However, that covered auto’s owner or anyone else from whom it is rented or leased is not an insured for liability resulti ng from defects or faulty workmanship.

2. When used in this endorsement, hired auto means an auto which is not owned by you, registered in your name, or borrowed from your employees, and which is obtained under a short-term rental agreement not to exceed thirty (30) days.

3. The insurance provided by this endorsement is excess over any other valid and collecti ble insurance whether primary, excess or conti ngent.

CV59 (12/92)

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THIS ENDORSEMENT APPLIES ONLY IF FORM NUMBER CV23 (03/06) APPEARS ON THE DECLARATIONS PAGE.

LIMITATION OF USE ENDORSEMENT

We agree with you that the premium charged for the coverages as indicated on your applicati on and shown on the Declarati ons Page is based on the commercial use of the auto(s) described in the Policy and the auto(s) will be confi ned during the Policy period to the territory within the stated mile radius of the city or town of principle garaging of the auto(s). Radius is defi ned as the farthest one-way distance of travel from place of principal garaging.

CV23 (03/06)

THIS ENDORSEMENT APPLIES ONLY IF FORM NUMBER CV265 (07/96) APPEARS ON THE DECLARATIONS PAGE.

ADDITIONAL INSURED

The person or organizati on listed on the Declarati ons is an insured with respect to such liability coverage as is aff orded by the Policy but this insurance applies to said insured only as a person liable for the conduct of another insured and then only to the extent of that liability. We also agree with you that insurance provided by this agreement will be excess insurance over any other valid and collecti ble insurance.

CV265 (07/96)

Page 32: INTEGON PREFERRED INSURANCE COMPANYINTEGON PREFERRED INSURANCE COMPANY Administra ve Offi ces 5630 University Parkway • PO Box 3199 Winston-Salem, NC 27102-3199 This Policy is a

North Carolina Integon National Insurance Company

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