Progressive Automobile Insurance Iowa Policy Form 9611D IA 201410 Version 1
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Transcript of Progressive Automobile Insurance Iowa Policy Form 9611D IA 201410 Version 1
7/21/2019 Progressive Automobile Insurance Iowa Policy Form 9611D IA 201410 Version 1
http://slidepdf.com/reader/full/progressive-automobile-insurance-iowa-policy-form-9611d-ia-201410-version-1 1/18
9611B IA
1014
“II
II |ll||lfl|l|||fllmlfllllillnlllllllllll
IOWA
AUTO
POLICY
Form 96110 IA 10/14)
version 10
P fl fl fi fl fl l l l / F
DIRECT
7/21/2019 Progressive Automobile Insurance Iowa Policy Form 9611D IA 201410 Version 1
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m
INSURINGAGREEMENT
.................................................................................1
GENERAL DEFINITIONS .................................................................................1
PART l
LIABILITYTO
OTHERS
Insuring Agreement......
Additional
Definition
Additional Payments.....
Exclusions ..........
Limits of Liability.
Financial Responsibility L a w s
Other
Insurance ...............
Out of
State Coverage.
Right of DirectAction........
PART
II
MED ICA L PAYMENTS
COVERAGE
Insuring Agreement ......
Additional Definitions...
Exclusions ..............
Limits of Liability.....
Unreasonable or Unnecessary Medical
Expenses
..
Other Insurance
PART
III UNINSUREDIUNDERINSURED
MOTORIST
COVERAGE
InsuringAgreement Uninsured Motorist Coverage...................................9
InsuringAgreement Underinsured MotoristCoverage.
Additional
Definitions...
Exclusions
........
..
Limits
of Liability.....
Other Insurance ........................................................................................13
PART
lV DAMAGETOA
VEHICLE
Insuring
Agreement
Collision
Coverage
......
Insuring
Agreement Comprehensive Coverage
InsuringAgreement
Additional
Custom Parts
or
Equipment
Coverage .............................................................................14
InsuringAgreement Rental Reimbursement Coverage...
InsuringAgreement Loan/Lease
Payoff Coverage
InsuringAgreement
Pet Injury Coverage.
Additional Definitions...
Exclusions
........
..
Limits of Liability.
Payment of Loss.....
NoBenefit toBailee ..................................................................................19
7/21/2019 Progressive Automobile Insurance Iowa Policy Form 9611D IA 201410 Version 1
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Loss
PayableClause
.............
Other
Sources
of Recovery
Appraisal ...............................
PART
V
ROADSIDE
ASSISTANCE
COVERAGE
Insuring Agreement.....
Additional
Definitions
Exclusions
...................
Unauthorized
Service
Provider.
Other
Insurance
...........................
.21
PART
Vl
DUTIES
INCASE OFANACCIDENT OR
LOSS
.........................
..22
PARTVII
GENERAL
PROVISIONS
Policy Period and Territory
....22
Changes.....
.23
.24
.24
.24
.24
Duty to Report anges
Settlementof
Claims.......
..
Terms of Policy Conformed to
S t a t u t e s
Transfer of Interest ...................
Fraud
or Misrepresentation
Payment of
Premium
and Fees
Cancellation ..
Cancellation Re un
Nonrenewal
...........,.
Automatic Termination.
Legal Action Against
Us.....
Our Rightsto Recover
Paymen
Joint and Individual Interests.
Bankruptcy
...............................
IOWA
AUTO POLICY
INSURING
AGREEMENT
In
return
for
your
payment of
the
premium, we
agree
to
insure you subject
to all the
terms, conditions
and limitations of
this policy.
We will insure you
for the coverages
andthe limits
of
liability
shown on this
policys
declarations page.Your policy
consists
of
the policy
contract, your
insurance
application,
the declarations page, and
all en
dorsementsto this policy.
GENERAL
DEFINI110NS
Thefollowing definitions
apply
throughout the
policy.
Defined
terms
are printed in
bold
face type
and havethe same meaning whether
in
the
singular, plural,orany
other
form.
1. “Additional
auto” means
an auto
you become
the
owner
of
during
the
policy
pe
riod
that
does not
permanently
replacean
auto
shown onthe declarations
page
if:
a. we insure
all
other
autos you
own;
b. the additional
auto
is
not
covered byany
other
insurancepolicy;
c.
you
notify us
within
30 days of becoming the
owner
of theadditional
auto;
and
d. you pay anyadditionalpremium
due.
Anadditional
autowill
have the broadestcoverage we
provideforanyauto
shown
onthe declarations page. If
you
ask us to insure anadditional
auto
more than
30
days
after
you
become the owner, any coverage we
provide
will
begin at the
time you
request coverage.
2. “Auto” meansa landmotorvehicle:
of
the
privatepassenger,
pickup
body,
or
cargo van type;
designed
for operation
principally
uponpublic roads;
with at
least
four wheels; and
with a gross
vehicle
weight rating of 12,000 pounds or less, according to
the
manufacturer’s
specifications.
However,
auto
does not include step-vans,parceldelivery vans,orcargocutaway
vans
orother
vans withcabs
separate
from
the
cargoarea.
3.
“Autobusiness”
means
the business
of
selling,leasing,
repairing,parking,
storing,
sen/icing, deliveringor testing vehicles.
4.
‘Bodily injury’ means
bodily
harm,
sickness, or
disease, including death that re
sults
from
bodily
harm,
sickness, or disease.
5. “Covered
auto
means:
a.
anyauto
or
traller
shown
on
the
declarations
page for the coverages appli
cable to
that auto
ortrailer;
b. anyadditionalauto;
c. any replacementauto; or
d. a t railer
owned
byyou.
6. ‘ rations page” means the document showing your coverages, limits of li
ability, covered
autos, premium,
andother
policy related information.
Thedeclara
tions
pagemay
also
be referred to as theAuto InsuranceCoverage
Summary.
1
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“Occupying”
means
in,
on, enteringor exiting.
“Property damage
means physical
damage
to, destruction of, or loss of use of,
tangible property.
9.
“Rated
resident”
means
a
person residing
in the
same
household as
you
at
the
time
of
the losswho
is not a relative,
butonly
if
that person
is
both:
a. listed in the
“Drivers
and household residents” section on the declarations
page;
and
b. not designatedas eitheran “Excluded” or a “List Only’driver.
10. Relative
means
a
person residing
inthe
same
householdasyou, and relatedto
you byblood, marriage or adoption,
and includes
a ward, stepchild,or foster
child.
Your unmarrieddependent children temporarily away from
home
will qualify asa
relativeif
they
intendto continue to reside inyour household.
11. “Replacement
auto”
means an
auto that permanently
replaces an
auto shown
on the declarations
page.
A
replacement
auto
will
have the samecoverage as
the
auto
it replaces if
the
replacement
auto
is
not
covered
byany
other insurance
policy.
However, if
the
auto
being replacedhadcoverage under Part
lV Damage
ToAVehicle,
such
coveragewill
apply
to
the
replacementautoonlyduring
the
first
30
days
afteryou
become
theowner unlessyou notify
us
withinthat
30
day
period
that you want us to extend coverage
beyond
the initial30
days.
if the auto
being
replaceddid
not
have
coverage
under Part
|V
-DamageToAVehicle,
such
cover
agemaybeadded,butthe replacementautowillhavenocoverage
under
Part IV
untilyou notify us of the replacementautoandask ustoaddthe
coverage.
12.
‘Trailer‘meansa non-motorized
trailer,
includinga farm
wagon
or farm implement,
designed to be
towed
on
public roads
byan
autoand not
being used:
a. for commercial purposes;
b. as an
office, store,
or for display purposes;or
c. as a
passenger
conveyance.
13.
“We,” “us”and “our” mean the underwriting company providing the insurance, as
shownonthe declarationspage.
14.
“You”
and
‘your
mean:
a. a
person
shown
asa
named insured
on
the
declarations
page;
and
b. the spouse ofa namedinsuredif residing inthesame householdatthetimeof
the loss.
PART
l LIABILITYT0 OTHERS
INSURING
AGREEMENT
If
you pay the premiumfor this
coverage, we will
pay damages for
bodily
injury and
property damage
forwhich an insured
person
becomes
legally
responsiblebecause
ofan accident.
Damages
include
prejudgment
interestawarded
against an
insured person.
We
will
settle ordefend, at our option,anyclaim fordamages coveredby
this
Part I.
ADDI'I10NAL
DEFINITION
Whenused in this Part I:
“Insured person
means:
a. you, a relative, ora rated
resident
with respect toan accidentarisingout of the
ownership, maintenanceor useof anauto or a
trailer;
b.
any personwith respect
toanaccident
arisingout
of that
person’s use
ofa covered
auto with
the
permissionofyou, a relative, ora rated resident;
c. any person or organization
with
respect only to vicarious
liability
for the
acts
or
omissions of a
person
described ina.or b.
above;
and
d. any ‘Additional
Interest shown
on
the
declarations page with respect only to
its
liability
for theacts
or
omissions
of a
person described
ina.orb.
above.
ADDITIONAL
PAYMENTS
in
addition
to
ou r
limitof liability,we willpayforan
insured
person:
1. all expenseswe incur in
the
settlement of any claimor defense of any lawsuit;
2.
interest
accruing
after entry
of judgment,
until
we
have paid, offered
to
pay,
or
de
posited in
court, that
portion of
the
judgment
which does
not
exceed
our limit of
liability
Thisdoes
notapply
ifwe
have
not beengiven notice
of
suit
or
theopportu
nity to
defend
aninsured
person;
3. the premiumon
any appeal
bond or attachment bond
required
in
any
lawsuit we
defend.We haveno
duty
to purchase a bondin an amount exceedingour
limit
of
liability,andwe have no
duty
toapplyforor furnish these
bonds;
4. up to
250
fora
bail bond
required
because
of an
accident
resulting in
bodily
in
jury or propertydamage
covered
under this Part i.We have no
duty
to apply for
orfurnish this
bond;
and
5. reasonable
expenses, including
loss of
earnings
up to
200 perday,
incurred at
our request.
EXCLUSIONS
READTHE
FOLLOWINGEXCLUSIONS
CAREFULLY. IFAN
EX
CLUSIONAPPLIES,
COVERAGE
WILL
NOT
BE
AFFORDED
UNDERTHIS
PART
I.
Coverage
under this Part
I, includingour duty to defend, will notapply to any
insured
person for:
1.
bodily
injury or
propertydamage arising out
of the ownership, maintenance or
use
of
any
vehicle or
trailer
while
being
used:
a. tocarrypersonsorproperty forcompensationor a fee;or
b. for
retail
or
wholesale
delivery, including,
but
not
limitedto, the pickup, transport
ordelivery of magazines, newspapers,mail or food.
Thisexclusiondoesnotapply to shared-expense
car
pools;
2.
any
liability
assumed under any
contract or agreement by
you,
a
relative,
or a
rated
resident;
3.
bodily
injury to an employee of that insured person arising out of or within the
course of employment.This exclusion does
not
apply to domestic employees if
benefits
are neither
paidnor required
tobe
provided
underworkers’ compensation,
disability
benefits,
or
similar
laws;
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10.
11.
12.
13.
14.
15.
16.
11
bodily injuryor
property
damagearisingoutofan
accident
involvinganyvehicle
while
being
maintained or
used
by a
person
while
employed
or
engaged
in
any
auto
business.This exclusion
does
notapply toyou, a relative,a
rated
resident,
or an agent or employee of you, a relative, or a rated resident, when using a
coveredauto;
bodily injury or
property damage
resulting
from,
or sustained
duringpractice
or
preparation for:
a. anypre arrangedor organized racing,stunting, speedor demolition
contest
or
activity; or
b.
any
drivingactivityconducted ona permanentor temporary
racetrack
or
race
course;
bodily injuryor propertydamage due to a nuclear reactionor radiation;
bodily injury orpropertydamage
for which
insurance:
a. is
affordedunder
a
nuclear
energy
liability
insurance
contract;
or
b. ’ would beaffordedundera
nuclearenergy
liability insurancecontract
but
for its
termination upon
exhaustion
of its limitof liability;
any
obligation
forwhich
the United
StatesGovernment
is liableunder the Federal
Tort
ClaimsAct;
bodily injury
or property damage caused by an intentional actof that insured
person,
oratthedirectionof
that
Insured
person,even
if
theactual
injuryor
dam
age
isdifferent thanthat
which
was intendedor
expected;
propertydamage toany propertyownedby, rentedto, being transported
by,
used
by,
or in the
charge
of that insured
person.
This exclusion does
not
apply to a
rentedresidenceor a rented
garage;
bodilyinjury to you or a relative;
bodily injury or property damage
arising
out of
the
ownership, maintenanceor
use of any
vehicle owned
by
you
or furnished or
available
for
your
regular
use,
other
thana covered
auto
for
which
this coverage has
been
purchased;
bodily
injury
or property damage arising out of
the
ownership, maintenance or
use
ofany
vehicleowned
bya
relative
ora
ratedresident
or furnishedor
available
for the regular use ofa
relative
ora rated resident, other thana covered
auto
for
which this coverage
has been
purchased.
This exclusion does
not
apply
to
your
maintenanceor useof
such
vehicle;
bodily injury or property damage arising out of your, a relative’s, or a rated
resident’s useof a vehicle, other
than
a coveredauto, without the permissionof
the
owner of the vehicle or
the
person in lawfulpossession of
the
vehicle;
bodilyinjuryorproperty damage
arising
out ofthe
use
ofa coveredautowhile
leased or rentedto othersor given inexchange for any compensation.
This exclu«
sion
does
not apply to
the
operation of a
covered auto
by
you,
a relative,or a
rated resident;
punitiveor exemplary damages;or
bodily injury or property damage
caused
by, or reasonabty expected to result
from,
a
criminal
act or omission of that
insured person.
This exclusion
applies
regardless of
whether
that
insured
person is
actualty charged with,
or
convicted
of,
a
crime.For
purposesof this exclusion,
criminal
actsoromissionsdonot include
traffic
violations.
UMITSOF LIABILITY
The limit
of liability shownonthedeclarations
page for liabilitycoverage
is
the most
we
will
pay
regardlessof
the
numberof:
claims made;
covered
autos;
insured persons;
lawsuits brought;
vehicles involved intheaccident;or
premiumspaid.
If
your
declarations pageshowsa
split
limit:
1. the amountshown for“each persor l’is the
most
we willpay for
all
damages
due
to
bodily injury
to
oneperson
resulting
fromany one accident;
2.
subject
to the “each
persorf’
limit,
the
amount shown
for “each accident isthe
most
we
will
payforalldamagesduetobodilyinjury sustainedby
two
ormorepersons
in
anyone
accident;and
3.
theamount
shown for “property damage” is the mostwe will
pay
for the
total
of
all
property damage resultingfromany one
accident.
The“eachpersorf‘ limitof liabilityapplies to the
total
of
all
claims made forbodily injury
toa person
and
all
claims
of
others derived
from
such
bodily injury, including, but not
limited
to. loss
of
society, loss
of companionship, loss of
services, loss
of
consortium,
andwrongful death.
If the declarations
page
shows that “combined single limit or “CSL” applies,
the
amount
shown is the most we
will
pay for the total of all damages resulting from any
oneaccident.However,without changing
this
limitof liability,wewill comply
with any law
that
requiresus to provideany separate limits.
Noone is
entitled
to duplicate
payments
for
the
same
elements
of
damages.
Any
payment
toa
person
underthis
Part
Iwill bereducedby
anypayment
to
that person
underPart
lll
Uninsured/Underinsured MotoristCoverage.
Wewill not
pay
underthis
Part
i
any expenses
paid or payableunder
Part
ll
Medical
PaymentsCoverage.
Ifmultiple
auto
policies
issued
byus
are
ineffect for
you,
we will pay nomore
thanthe
highest limit of liability for
this
coverage availableunderanyonepolicy.
An auto
and attached
trailer
are
considered
one
auto.Therefore,
the limits
of
liability
will
notbe increasedfor anaccident involvingan
auto that
hasanattached trailer.
FINANCIAL
RESPONSIBILITY
LAWS
Whenwe
certify this
policyasproof of
financial
responsibility,this policywill comply
with
the law
to the extent required.
The
insured person must reimburse us if we
make
a
5
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payment
thatwe
would
not havemade ifthis policywas
not
certifiedas
proof
offinancial
responsibility.
OTHER
INSURANCE
if
there
is any other applicable liability
insurance
or bond,wewill payonly our
share
of
the
damages.Our share is
the
proportionthat our limitof
liability
bears
to
the
total ofall
applicable
limits.However,
any insurancewe provide fora vehicle or
trailer, other than
a
coveredauto,will
beexcessoverany
other
collectible insurance,self-insurance,or
bond.
OUT-OF-STATECOVERAGE
If an accidentto
which thisPart
I applies
occurs
in
any
state, territory or possessionof
the United
States
ofAmerica or
anyprovince
or territoryofCanada,
other than the
one
in
which
a
coveredauto
is principally
garaged,andthe state, province,
territoryor
pos
session has:
1. a financial responsibility or similar
law
requiring limits of liability for bodily injury
or propertydamagehigher
than
the
limitsshown
on
the
declarations page, this
policywill
provide
the higherlimits;
or
2. a
compulsory insurance
or similar law
requiring
a non-resident to maintain insur
ance whenever the non-resident uses an
auto
in that state,
province,
territory or
possession,this
policy
will provide
the
greater of:
a.
the requiredminimumamounts and
types ofcoverage;or
b.
the
limitsof liability under
this
policy.
RIGHT
OFDIRECT
ACTION
If
execution
of a judgment againstan insured person is returned unsatisfied, any per
son entitled to payment of damages covered by
this
Part I may, within the time limit
specified by
Iowa
Code
Section 516.3, as amended,
maintain
an
action against
us
for
the
amount
of
the
judgment that does
not
exceed
our
limitsof liability underthis
Part
I.
PART II-MEDICAL
PAYMENTS
COVERAGE
INSURINGAGREEMENT
ifyou
pay thepremiumfor
this
coverage,
wewill
pay
the reasonable
expenses
incurred
for
necessarymedical services
received
within three years
from the date
of a motor
vehicle accident
because
of bodily injury:
1. sustained byaninsuredperson;and
2. caused by
thatmotor
vehicle accident.
We,
or
someone
on
our behalf,will
determine:
1.
whether the
expensesfor
medicalservices
are reasonable;
and
2. whether the
medical
services
are
necessary.
6
ADDITIONAL DEFINI110NS
When
used
in
this Part II:
1. “ Insured
person
means:
a. you, a relative,ora
rated
resident:
i) while
occupyingan auto;or
ii) whenstmck
bya motor
vehicle
ora trailer
while not
occupyinga self
propelled
motorized vehicle; and
b. any
other
person
while
occupying a covered auto with
the
permission of
you, a relative,or a rated resident.
2.
“Medical services”
means
medical,
surgical, dental, x-ray, ambulance, hospital,
professional nursing,
and
funeral services,
and
includes the cost of eyeglasses,
hearingaids,pharmaceuticals,orthopedics,and prosthetic
devices.
3. “Motor vehicle
means
a landmotor vehicledesigned
for use
principally on
public
roads.
EXCLUSIQN§
READTHEFOLLOWINGEXCLUSIONSCAREFULLY. IFAN EX
CLUSIONAPPIJES,COVERAGE
WILLNOT
BEAFFORDEDUNDERTHIS
PARTII.
Coverageunder
this
Part IIwill not
apply
to
bodilyinjury:
1. sustained by
any person
while
occupying
a covered
auto
while it is
being
used:
a. to carry personsorpropertyfor compensationor a
fee;
or
b. for retail orwholesale
delivery,
including, butnot
limited
to,
the
pickup,
transport
or
delivery
of
magazines,
newspapers,mailor food.
This exclusion does notapply
to shared-expense
carpools;
2.
arising out
of an accident
involving
a vehicle
while being
maintained or
used
by a
personwhile
employed
or
engaged
inany
auto
business.This exclusiondoes
not
applyto you, a relative,a rated resident,oranagent oremployeeof you, a
rela
tive, ora rated resident,when usinga coveredauto;
3. toanyperson resulting from, or
sustained
during practice or preparation for:
a.
any
prearranged cr organized racing,stunting,
speed
ordemolitioncontest or
activity; or
b. anydriving
activity
conductedon a
permanent
or temporary racetrackor race
course;
4. due to a
nuclear reaction
or radiation;
5.
forwhich
insurance:
a. is
afforded
undera
nuclear
energy liability insurance
contract;
or
b. would beaffordedundera
nuclearenergy
liability insurance contract
but
for its
termination
upon
exhaustion of its
limit
of
liability;
6.
forwhich theUnited
StatesGovernment is
liable
underthe
FederalTort Claims
Act;
I sustained by any person
while occupying
any
vehicle
or trailer
while located
for
use asa residenceorpremises;
if
workers’
compensation
benefits
are available
for
the
bodily injury;
sustainedby anypersonwhile
occupying
orwhen struckbyanyvehicle ownedby
you or furnished or available for your regular use, other than a covered
auto
for
which this coverage hasbeenpurchased;
7
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10.
sustained by any
person
while
occupying
orwhen struck by any vehicle owned
by a relativeor a
rated resident
or furnishedor
available
for
the
regular
use
of a
relative or a
rated
resident,
other
than a covered auto forwhich this
coverage
hasbeenpurchasedThisexclusiondoes
not
apply toyou;
11.
to
you,
a relative, ora
rated
resident,
while
occupying
any
vehicle,
otherthan
a
covered
auto,
without the
permission of
the
owner of
thevehicle
or
the
person in
lawful possessionof thevehicle;
12.
to
any personwhile
occupying a covered auto
while leased
or
rented
to
others
or
given
in
exchange for any
compensation.This exclusiondoes
not
apply to the
operationofa
coveredauto
byyou, a relative,ora
rated
resident;
13.
caused
directly
or indirectly by:
a. war
declared
or undeclared)orcivil
war;
b.
warlikeaction
byany
military
force of anygovernment, sovereignor
other au
thority using
military
personnel or
agents.
This includes
any
action taken
to
hinderordefendagainst anactual or expected
attack;
or
c. insurrection, rebellion, revolution,
usurped
power,or
anyactiontaken
byagov
ernmentalauthority to
hinder
ordefend againstanyof
these
acts;
14.
causeddireme
or indirectly by:
a.
any accidental
or
intentional
discharge,
dispersal
or
release
of radioactive,
nuclear, pathogenicor
poisonous
biologicalmaterial;or
b. any intentional discharge,dispersalor releaseof
chemical
or
hazardousmate
rial for any purposeotherthan
its
safe and usefulpurpose;or
15.
caused
by,
or reasonably expected to result from,a criminal
act
or omission of an
insured
person.Thisexclusion
applies
regardlessof
whether theinsured
person
is actually chargedwith, or
convicted
of, a crime. For purposes of
this
exclusion,
criminal actsor omissions donot include
traffic
violations.
LIMITSOFLIABILITY
The
limit
of
liability
shownonthedeclarations
page
for
Medical
PaymentsCoverage
is
the
mostwe
will pay
for
each insured
person
injured
in
any one
accident, regardless
of the number
of:
claimsmade;
coveredautos;
insured
persons;
lawsuitsbrought;
vehicles involved in theaccident; or
premiumspaid.
Noonewill be entitled to duplicatepayments under
this
policy for
the same elements
of damages.
Any
amount
payable to an
insured
person
under this
Part IIwill be
reduced
byany
amount paid
orpayable
for
the
same expenseunder Part
l
LiabilityTo
Others
or
Part
lll Uninsured/UnderinsuredMotoristCoverage.
8
Ifmultipleauto policies
issued
byus
are
ineffect for you, we
will
pay nomore
than the
highest
limit
of liability
for this
coverage
available under any
one
policy.
UNREASONABLEORUNNECESSARYMEDICAL
EXPENSES
Ifan
insured
person
incurs
expensesfor
medicalservices that
we
deem
tobe
unrea
sonable
or unnecessary,wemayrefuseto pay for
those
expenses
and
contest
them.
If the medical service provider
sues
the insured
person
because we
refuse
to pay
expensesfor
medical
services
thatwe deem to beunreasonableor
unnecessary,
we
will
pay any resulting defense
costs,
and any
resultingjudgment against
the insured
person,
subject
to
the
limit of liability for
this coverage.
We
will choose the counsel.
We
will
also pay
reasonable
expenses, including loss
of
earnings
upto
200 per
day,
incurredat our
request.
The insured
personmay
not
sue us for expenses for
medical
services we
deem
to
beunreasonableor unnecessary unless the insuredperson paid theentire disputed
amount to the medical service provider or the medical service provider has initiated
collection activity against
the insured
person for
the unreasonable or
unnecessary
expenses.
OTHER INSURANCE
Ifthere isotherapplicableautomedical
payments insurance,
we
will pay
onlyour share
of
the
loss.
Our share
is
the
proportion
that
our
limit
of
liability bears
to
the
total of all
applicable limits.
However,
any insurancewe providefor an
insured
person occupy
inga
vehicle
or trailer,
other than
a
coveredauto,will
be excess over
anyother auto
insurance
providing payments for
medical
services.
PART
III UNINSUREDIUNDERINSURED
MOT
OFIISTCOVERA§_E
INSURINGAGREEMENT
UNINSUREDMOTORISTCOVERAGE
If
you pay
the
premium for
this coverage, we
will
pay for damages
that an insured
person is legallyentitled to recover from the
owner
oroperator ofan uninsuredmotor
vehicle becauseof bodily injury:
1. sustained byan insured
person;
2.
caused
by an accident;
and
3.
arising out
of theownership,maintenanceor
use
ofanuninsuredmotor vehicle.
INSURINGAGREEMENT
UNDERINSURED MOTOHIST
COVERAGE
Ifyou pay
the
premium for
this
coverage,wewill payfor damages thatan
insured
per
son
is
legallyentitled
to
recover from the owner
or
operator
ofanunderinsured
motor
vehicle becauseof bodily injury:
1. sustained byan insured
person;
2.
caused
by an accident;
and
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3.
arising
out of the
ownership,
maintenance, or use ofan underinsured
motor
ve
hicle,
Any
judgment
orsettlement
for
damages against anowneroroperatorof anuninsured
motor
vehicle
oran underinsured
motor
vehicle that arises
out
of a lawsuit brought
without our written
consent
isnot bindingon us.
ADDITIONAL DEFINITIONS
When
used
in
this Part III:
1. “Insured
person means:
a. you,a relat ive,ora
rated
resident;
b. any personwhile operatingacovered
auto
with
the
permissionofyou, a rela
tive,
ora
rated
resident;
c.
any
person occupying,
but
notoperating, acovered auto;and
d. any personwho isentitledto recoverdamages
covered
bythis Part I because
of
bodily injury
sustainedbya
person
described ina., b.or c.above.
2. “Underinsured motor vehicle”
means
a land motor vehicle or
trailer
of
any type
to
which
a bodily injury liability
bond
or policy applies at
the time
of the accident,
but
the
sum of
the limits
of
liability
for
bodily injury
under
all applicable policiesor
bonds:
a. is
lessthan the
coverage limit for UnderinsuredMotoristCoverage shown on
the declarations
page;
or
b.
has been reduced
by payments for
bodily injury
to persons
injured
in
the
accident,
other than
an insured person, to less than the coverage limit for
Underinsured
Motorist
Coverage
shown
on
the
declarations page.
An“underinsuredmotor
vehicle” does
not
include
any
vehicle
or equipment:
a. owned byyou, a relative,or a rated residentor
furnished
or
available for the
regular use of
you,
a relative,or a rated resident;
b.
owned
by
any
governmental unit or agency;
0. operated on
rails
or crawler
treads;
d. designed
mainly for use olf
public
roads, while
not onpublic roads;
e.
while located
for use asa residence or premises;
t . that isacovered
auto;
or
9. that isanuninsured
motor
vehicle.
3. “Uninsuredmotorvehicle” means a landmotor vehicle or
trailer
of any type:
a. to
which
no bodily injury liability
bond
or
policy applies
at the
time
of the
ac
cident;
b. to
which
a bodily injury liability bond or policy applies at
the time
of
the acci
dent, but the bondingor insuring
company:
(i) denies coverage;or
(ii) isorbecomes insolvent;
c. to which a bodily
injury
liability bond or
policy
applies at
the time
of
the ac
cident, but its limit
of liability
for bodily
injury is less than the
minimum limit
of
liability
for
bodily injury
specifiedby the
financial
responsibility law of
the state
in
which
the covered
auto
is principallygaraged;or
10
d. that isa hit-and-run vehicle
whose owner
or
operator cannot
be
identifiedand
which
strikes:
(i) you,a relative,ora
rated
resident;
(ii) a
vehicle that
you, a relative,or a ratedresident are occupying;or
(iii) a covered
auto;
provided
that the
insured
person,
or someone on
his
or
her behalf,
reports
the accident
to
the
police or civil authoritywithin 24 hours or assoonasprac
ticable
atter
theaccident.
An“uninsured
motor
vehicle”
does
not
includeany
vehicle or equipment:
a. owned or operated by a self-insurer under any applicable
motor
vehicle law,
except
a self-insurer
that
isor
becomes insolvent;
b
owned
by
any
governmental
unit
or agency;
c operatedon
rails
or
crawler treads;
d. designed
mainly
for useoftpublic roads,
while
notonpublic roads;
e
while located
for
use
asa residence or
premises;
or
t. that is anunder-insured
motor
vehicle.
EXCL
N
EADTHE
FOLLOWINGEXCLUSIONSCAREFULLY.IFAN
EX
CLUSIONAPPLIES,COVERAGE
WILL
NOT BE
AFFORDED
UNDER
THIS
PART III.
Coverage
under
this
Part
III
will
not apply:
1. tobodily injury sustained byany personwhile usingor occupying:
a. acovered
auto
while
being
used:
(i)
to
carry persons
or
propertyfor
compensationor a fee; or
(ii) for retail or wholesale delivery, including,
but
not limited to, the
pickup,
transport or delivery of magazines, newspapers, mail or food.
This exclusion does
not
apply
to shared-expense
car
pools;or
b. a motor vehicle that isowned byor available forthe regularuseofyou, a rela
tive, or a rated resident.This exclusion does
not
apply toacovered
auto
that
is insured underthis Part
Ill;
2. to bodily
injury
sustained by
you,
a relative, or a ratedresident while using any
vehicle,
other than a covered auto, without the permission of the
owner
of the
vehicle or the
person
in
lawful
possessionof the vehicle;
3. directly or indirectly to benefitany insurer or self-insurer
under
any of
the
following
or similar laws:
a.
workers’
compensation
law;
or
b. disabilitybenefits law;
4. to
any
punitive
or exemplary
damages;
or
5. to
bodily injury sustained
byany person if
that
personor
the
legal representative
of
that
person
settles without
ou r
written
consent.
LIMITS
OF IJABILTI'Y
The
limit
of liability shown on the declarations page
for
Uninsured/Underinsured
MotoristCoverage is the
most
we will
pay
regardlessof the numberof:
1. claims made;
2. coveredautos;
11
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insured persons;
lawsuits
brought;
vehicles involved
in
the
accident; or
premiums
paid.
If
your
declarations
page
showsa
split limit:
1.
the
amount
shown for “each
persori’ is themostwe
will
pay
for
all
damages due
to
bodily injuryto one person;and
2. subject tothe
“eachperson
limit, the
amount
shown
for“each
accident”is the
most
we
will payforall damages due
tobodilyinjury sustained by two ormore
persons
inanyone accident.
The“each
persort’
limit
of liability
includesthe
total ofall
claimsmade
forbodily
injury
toan insured
person
and allclaims of othersderived
from
such
bodily injury,
includ
ing,
but
not
limited to, loss of
society,
loss
of companionship, loss of services, lossof
consortium, and
wrongful
death.
If the declarations
page
shows that “combined single limit” or
“CSL”
applies, the
amount
shown
is
the
most
we
will
pay for the total oi alldamages resulting from any
one
accident.However, without
changing
this
total
limit of liability, we
will
comply
with
any
law
that requiresus to provide
any
separate limits.
The
limitsof liability for
UninsuredMotorist
Coverage
under this
Part IIIwill be
reduced
byall sums:
1.
paid
becauseof bodilyinjurybyor onbehalfofanypersonsororganizationsthat
may be legally responsible;
2.
paid underPart
l
LiabilityToOthers;
3. paidor payablebecause ofbodily injuryunderany disability benefitscoverageor
policy;and
4.
paid
orpayablebecauseof bodilyinjury under
any
of the followingor similar laws:
a. workers’compensation
law;
or
b. disability
benefits law.
Any amount payable for
damages
under UnderinsuredMotorist Coverageshall be re
duced byall
sums:
1.
paidbecause
of bodily
injury
byor on
behalf
of
anypersons
or organizations
that
may be legally responsible;
2.
paid
under
Part
l LiabilityToOthers;
3.
paid
or payable
because
of
bodily
injury
under
any
disability
benefitscoverage
or
policy;and
4.
paid
or payablebecauseof bodily injury under
any
of the followingorsimilar laws:
a. workers‘ compensation law;or
b. disability
benefits law.
However, it an insured person
enters into
a settlement
agreement
for an
amount
less
thanthe sumofthe limitsof liabilityunderallapplicablebodily injury liabilitybondsand
policies,
our limit
of
liability for
Underinsured
MotoristCoverage
shall
notexceed the
12
dilference
between
the damagessustainedby
the insured
person
andthe
sumof the
applicable
bodily injury liability
limits.
We
will
not
pay
under
this
Part
III
any expensespaid
or
payableunder
Part
ll
Medical
Payments
Coverage.
Noonewill beentitled toduplicatepaymentsfor the same elementsofdamages.
if multiple
auto
policies
issued
byus
are
in
effect for
you, wewill pay nomore
than the
highest limitof liabilityfor
this
coverage availableunderanyone policy.
OTHER INSURANCE
Ifthere isother applicable
uninsured
or underinsuredmotorist
coverage, the amount
of
damages which
an insured
person
is entitledto
recover
shall
not
exceedthe highest
limitforuninsuredmotoristcoverage or underinsured
motorist
coverage
provided
under
any one
of
the
applicable policies.We
will pay
only
our share
of
the damages.Our
share
is
the
proportion that our limitof liabilitybears to
the
total ofall
available
coverage
limits.
However,
any
insurancewe
provide
with respectto avehicle that is
not
acovered
autowill beexcessoveranyother uninsuredor underinsured
motorist
coverage.
PARTlV
DAM E
AVEHI
LE
INSURINGAGREEMENT
COLLISIONCOVERAGE
Ifyou
pay
the premiumfor this coverage,wewill
pay
forsudden, directand accidental
lossto a:
1.
covered
auto, includingan
attached
trailer;or
2. non-owned
auto;
andits
custom
parts
orequipment,
resultingfrom collision.
Inaddition,we
will pay
the reasonablecost to
replaceany
child safety
seat
damaged in
anaccident towhich this
coverage
applies.
INSURING
AGREEMENT COMPREHENSIVECOVERAGE
Ityoupaythe premium for
this
coverage,wewill pay forsudden, directand accidental
lossto a:
1. covered
auto,
includingan attached trailer;or
2. non-ownedauto;
and its
custom
parts
orequipment, that isnotcaused by
collision.
A loss
not
caused bycollision includes:
1. contactwith ananimal includinga
bird);
2. explosion or earthquake;
3. fire;
13
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maliciousmischief
or vandalism;
missilesor
falling
objects;
riot
orcivil commotion;
theft or larceny;
Windstorm hail water or
flood;
or
breakageofglass not
caused
bycollision.
Inaddition we will
pay
for:
1.
reasonable
transportation expenses
incuned
byyou ifa
covered
auto isstolen;
and
2. lossof usedamagesthatyou
are
legally liableto pay ifa non-ownedauto isstolen.
A
combined maximum
of 900 not exceeding 30 per day will
apply
to
these addi
tional benefits.
The additional
benefit for transportation expenseswill not
apply
if you
purchased Rental ReimbursementCoverage for thestolencoveredauto.
Coverage
for transportation expenses
and
loss of usedamages begins 48
hours
after
you report the theft to us andendstheearliest of:
1. when the auto hasbeenrecoveredand returnedto you or its
owner;
2. when theauto hasbeen recoveredand
repaired;
3. when theauto hasbeen replaced;or
4. 72 hours
after
wemakean
offer
to settlethe loss iftheauto isdeemedbyusto be
a total loss.
Wemust
receivewritten
proof of transportation expenses
and loss
of usedamages.
INSURINGAGREEMENT
ADDITIONAL CUSTOMPARTS
OR EQUIPMENTCOVERAGE
We
will
pay for
sudden
direct andaccidental loss to custom partsor equipment ona
covered
auto for
which this coverage hasbeen purchased.This coverage
applies
only
ifyou
have
purchased
both
Comprehensive Coverage
andCollision
Coverage for that
covered
auto
and
the loss
is
covered under one
of
those
coverages.
This
coverage
applies
inaddition toany
coverage
automaticallyprovided
for
custom
parts
or
equip
ment
under
Comprehensive CoverageorCollisionCoverage.
INSURING
AGREEMENT
RENTAL
REIMBURSEMENTCOVERAGE
We
will
reimburse rental
charges
incurredwhen you
rent
an
auto
from a rental
agency
or
auto
repair shop due to a loss to a covered
auto for
which RentalReimbursement
Coveragehasbeen
purchased.
This
coverageappliesonly ityou
have
purchased
both
ComprehensiveCoverage and
Collision
Coverage for that covered auto andthe loss
is
coveredunder
oneof
those
coverages.
Additional fees orcharges for
insurance damage waivers
optional equipment fuel or
accessories arenotcovered.
This
coverage
is limited to the each
day
limit shown on the declarations
page
for a
maximumof 30
days.
14
it Rental Reimbursement Coverage applies no other
coverage
under this policy for
rental
expenseswill
apply.
Rentalchargeswill
be reimbursed
beginning:
1. when thecoveredautocannot bedriven dueto a
loss;
or
2. it the coveredauto
can
be
driven
when
you
deliver the covered auto toan
auto
repair shopor one ofour ServiceCenters for repairsdue to the loss;
and
ending
the earliestof:
1. when thecovered
auto
has been returnedto you;
2.
when thecoveredauto hasbeen
repaired;
3.
whenthecoveredauto hasbeen
replaced;
4 72hours
after
wemakean
offer
to settlethe loss if thecoveredauto isdeemedby
us to bea total
loss;
or
5. when
you
incur30days
worth
of rental charges.
Youmust
provide
us written
proof
of
your
rental
charges
to be reimbursed.
INSURING
AGREEMENT LOANILEASE
PAYOFFCOVERAGE
Ifyou pay
the
premium for
this
coverage
and the coveredauto
forwhich
this cover
agewas purchased isdeemed by us to bea total
loss
we will pay in addition to any
amounts
otherwise payableunder this Part
iv
the
difference
between:
1. the
actual
cash
value
ofthecoveredauto at
the
time
of the total
loss;
and
2. anygreateramountthe ownerofthecoveredauto is
legally
obligated to pay under
awritten loanor leaseagreement towhich the coveredauto issubjectat the time
ofthe total loss reduced
by:
a. unpaidfinance chargesor refundsdue to theowner for
such
charges;
b. excessmileagecharges or charges for
wear
and tear;
c.
charges for
extendedwarrantiesor
refunds
due to the
owner for
extendedwar
rarities;
d. charges
for
credit insurance
or
refunds
due to
the owner
for
credit
insurance;
e. pastduepayments andcharges
for
past due payments;and
f collection or repossession
expenses.
However our
payment
under this
coverage
shall
not
exceed the limit
of liability
shown
on thedeclarations
page.
The limitof liability isa
percentage
of the actual cash value
ofthecoveredautoatthe time of
the
loss.
This
coverageapplies
only ifyou havepurchasedbothComprehensive Coverage and
CollisionCoverage for
that covered
auto
and the loss
is
covered under
one of
those
coverages.
INSURING
AGREEMENT
PET INJURYCOVERAGE
If you have purchasedCollision coverage for at least one covered auto under your
policy and it your pet sustains injury or death while inside a covered auto or
non
15
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LIMITSOFLIABILITY
1.
The
limit
of liability
for
loss toacovered
auto,
non-owned
auto,
or
custom parts
or equipmentis
the
lowestof:
a.
b.
C.
d.
theactualcashvalue ofthestolenordamagedpropertyat thetimeof the loss
reduced
by
theapplicable
deductible;
the amount
necessary to
replace the stolen
ordamaged property
reduced
by
the applicable deductible;
the
amount
necessary to repairthe
damaged property
to itsore-losscondition
reduced
by
theapplicable
deductible; or
theStatedAmount
shownon thedeclarations
page for that coveredauto.
owever,
themost
we will
payfor loss
to:
a.
b.
custom
parts or
equipment
is 1,000 unless you purchased Additional
CustomParts or EquipmentCoverage (‘ACPE”).Ifyou purchased
ACPE, the
most
we
will
pay is
1,000
plus
the amount
of
ACPE
you
purchased.
a
trailer
is
the limit
of liability
shown
on
the
declarations
page
for
that trailer.
Itthe
trailer
is
not
shownonthedeclarations
page,
the limitof
liability
is
500.
Payments
for loss
to a
covered auto,
non-owned
auto,
or
custom
parts
or
equipmentare subject to the following provisions:
a.
b.
It
coverage applies
toa non-owned
auto,
we
will provide
the broadest
cover
ageapplicable
to
any
covered
auto
shownon
the
declarations
page.
Ifyou haveelecteda StatedAmount for a covered
auto,
the
Stated
Amount
is
the
mostwe
will pay
for
all loss
to
that covered
auto, including
itscustom
parts
or equipment.
Coverage for custom parts
or
e q u i p t h
will
notcause our
limit
of liability
for
loss toanauto underthisPart IVto beincreasedto anamount inexcessof
the actualcashvalue
of
the
auto, including
itscustom parts
or equipment.
In determining
the
amount necessary to repair damaged property to its pre
loss
condition,
the
amount to be
paid
by
us:
(i) will not
exceedthe
prevailing competitive
labor
rates charged in
the area
where
the
propertyis tobe repaired
andthe
cost
of repairor replacement
partsandequipment,as reasonablydeterminedby
us;
and
(ii) will
be based on the cost of
repair
or replacement parts and
equipment
which
may be new, reconditioned,
remanutactured
or
used,
including,but
not limited to:
(a) original
manufacturerparts or equipment; and
(b) nonoriginalmanufacturer
parts
or equipment.
To determine
the
amount necessary to repair or replace the damaged prop
ertyas referred to insubsection 1.,the totalcostofnecessary repairor replace
mentmay
be reduced byunrepaired
prior damage.
Unrepaired
pn or damage
includes
broken,
crackedor
missing parts; rust;dents; scrapes; gouges;
and
peeling
paint.The reduction for unrepaired prior damage is the cost of
labor,
parts andmaterialsnecessary
to
repair
or
replace
damage, deterioration,
de
fects, orwear and
tear
on exterior
body
parts,windshields and other
glass,
wheels, and paint, that
existed
prior to theaccidentandthat iseliminatedasa
resultof the repairor replacementof
property damaged
in the loss.
18
i. To determine the amount necessary to
repair
or
replace
the
damaged prop
erty
as
referred
to insubsection 1.,an
adjustmentmay
be
made forbetterment
ordepreciationand physicalcondition
on:
(i) batteries;
(ii)
tires;
(iii)
engines and
transmissions, if
the engine hasgreater than
80,000miles;
and
(iv)
any other mechanical parts
thatare
nonfunctioningor inoperative.
Wewill
not
make an adjustment for the labor
costs
associated
with
the re
placementor repairof
these parts.
9.
The actual
cash
value
is determined by the
market value, age,
and
condition
ofthevehicle atthe time the lossoccurs.
3. No deductible
will
apply to a loss to window
glass
when the
glass
is
repaired in
stead
of replaced.
4. Duplicate recovery for the same elementsof
damages
isnot permitted.
5. The following additional limitsof
liability
apply to Pet injury
coverage:
a. The mostwewill pay for all damages inany one loss isa total of 1,000
re
gardless
of the numberof
dogs
orcats involved.
b. if your pet dies
in,
or as a direct resultof, a covered
loss,
we
will
provide a
death benefit of
1,000,
less any payment we made toward veterinary ex
penses
foryour
pet.
c. Nodeductible shallapply to this
coverage.
PAYMENTOF
LOSS
Wemay,atour option:
1. payfor the loss inmoney;or
2.
repair
or replace
the
damagedor
stolen
property.
Atour
expense,
wemay
return
any recoveredstolen
property
to you orto the address
shownonthedeclarations
page,
with
paymentfor
any
damageresulting
from
the
theft.
Wemay keepallor partof
the
propertyat the agreed or appraisedvalue.
Wemay settle any loss
with
you orthe
owner
or lienholderoftheproperty.
No BENEFITTO
BAILEE
Coverage
under this
Part
IV will
not
directly or indirectly
benefit any
carrier
or
other
baileefor hire.
LOSS
PAYABLE
CLAUSE
Payment under this Part
IV for a
loss
to a
covered
auto will be
made
according to
your
interest and the interest of
any
lienholder shown on the declarations
page
or
designated by
you.
At
our option,
payment
may
be
made
to
both jointly,
or to
either
separately.
However,
it the covered auto is
not
a total
loss,
wemaymake payment to
you
and the
repairerof
the
auto.
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The Iienholder’s
interest
will notbeprotected:
1.
where
fraud misrepresentation materialomission or intentionaldamage resulting
ina denial ofcoverage byus has beencommitted byor at
the
directionof you or
any
person seeking coverage; or
2. wherethe
loss
is othenrvisenotcovered underthe
terms
of thispolicy.
Ifthis policyis cancelled nonrenewedorvoided the interestof
any
lienhoiderunderthis
agreementwill also
terminate.
OTHERSOURCES
OF RECOVERY
If
other
sources of recoveryalso cover the loss we will pay only ou r
share
of the loss.
Our
share is
the
proportion
that
our limit of
liability
bears to
the
total of allapplicable
limits.
However any
insurancewe
providefor
a non-owned
auto
or
trailer
notshown
on
the
declarations
page will
be
excess over
any
other collectible
source
of recovery
including but
not
limited
to:
1.
anycoverage provided
bythe
owner
ofthe non-owned
auto
or trailer;
2. any
other
applicable
physicaldamage insurance;and
3. any
other
source of
recovery
applicableto the loss.
APPRAISAL
If we cannot
agree
with you on
the
amount
of a loss
then
we or
you may demand
an appraisal of
the loss.
Vifithin 30
days
of any
demand
for an appraisal each
party
shall appointa
competent appraiser
andshall
notify
the
other
party of that appraiser‘s
identity.The appraisers
will
determine
the
amount
of loss. If they fail to
agree
the dis
agreement
will
be
submitted
to a
qualified
umpire
chosen
by
the
appraisers. If
the
two
appraisers
are unable
to
agreeupon
anumpire
within
15
days
weoryou
may request
that a judge ofa court of record in the countywhereyou reside
select
an umpire.The
appraisers
and
umpire will
determine the
amount of loss.
The
amount of loss agreed
to by
both
appraisers or byone appraiser
andthe
umpire
will
bebinding.You
will
pay
your
appraiser’sfeesand expensesWe
will pay
our appraiser’s tees andexpenses.
All
other expensesof the appraisal includingpayment ofthe
umpire
ifone isselected
will
besharedequally betweenus and
you.
Neitherwe
noryouwaiveany
rights
under
this
policybyagreeing toan appraisal.
PARTV ROADSIDE
ASSISTANCE COVERAGE
INSURINGAGREEMENT
Ifyou
pay
the
premiumforthis
coverage wewill
payforour
authorizedservice
represen
tative
to
provide
thefollowing services when
necessary due
toa covered emergency:
1. towing of a
covered
disabledautoto
the
nearestqualified
repair
facility;
and
2.
labor
ona covered disabled
auto
atthe
place
of disablement.
Ifa covereddisabled
auto
istowed toany
place
other
than the
nearestqualified repair
facility you will be responsibleforany
additional
charges incurred.
20
ADDI110NAL
DEFINITIONS
Whenused in this PartV:
1. “Covered
disabled
auto means a
covered
auto for which
this coverage has
been
purchased
thatsustainsa coveredemergency.
2. “Covered emergency’ meansa disablement
that
is a
result
of:
mechanicalor
electrical
breakdown;
battery failure;
insufficientsupply of fuel oil water or otherfluid;
flat
tire;
lock-out;or
entrapment insnow mud
water
or sandwithin
100
feetof a
road
or highway.
W E DTHEFOLLOWINGEXCLUSIONSCAREFULLY. IFAN EX
CLUSION
APPLIES
COVERAGE
WILL NOT
BE
AFFORDED
UNDER
THIS
PARTV.
Coverageunderthis
Part
Vwill
not
apply
to:
1. more thanthreecoveredemergencies foranysingle covered
auto
inasix-month
period; .
2. the
cost
of purchasingparts
fluid
lubricants
fuel
or
replacement
keys or the labor
tomake replacement
keys;
installation of
products
or material
not related
to
thedisablement;
labor
not
relatedto the disablement;
laborona covered disabled
auto
for
any
time
period
inexcess of60
minutes
per
disablement;
towing
or storage
related
to impoundment
abandonment illegal parking
or other
violations of
law;
assistance
with jacks
levelers
airbags
or
awnings;
laboror repair
work
performedat a servicestation garage or repairshop;
auto
storage charges;
0. disablement that
occurs
on roads
not regularly
maintained sand beaches
open
fields or areas designated as
not passable
due to construction weather or
earth
movement;
11. mountingor removingof
snow tires
or chains;
12. tire
repair;
13. disablement
that results
from an intentional orwillful actor
action
byyou a rela
tive orthe operatorof a covereddisabled
auto;
or
14. atrailer.
UNAUTHORIZEDSERVICEPROVIDER
When
service is
rendered
bya
provider
in
thebusiness
of
providing roadside
assistance
andtowing
services
other than one
of our
authorized service
representatives we
will
pay
only reasonablecharges asdeterminedbyus for:
1. towingofa
covered
disabled
auto
to
the
nearest
qualified
repair facility;
and
2. laboron a covereddisabledautoat
theplace
of disablement;
which
is necessarydue toa covered emergency.
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OTHER INSURANCE
Any coverage
provided under
this
Part
V
for
service rendered byan unauthorized
ser
vice
provider will
be excess over
any other
collectible
insurance
or
towing
protection
coverage.
PARTVl DUTIES INCASE OFAN ACCIDENTOR LOSS
For coverage to
apply
under this
policy,
you or the person seeking coverage must
promptly
report
each
accident
or loss
even
ifyouor the
person
seekingcoverage is not
at fault.
You
or
the
person seeking coverage must
provide
us with
all
accident or
loss
information, includingtime, place,and how
the accident
or loss happened.
You
or
the
person
seeking
coveragemustalso obtainandprovide
us the
namesand
addressesof
all
persons involved in
the accident
or loss,the
namesandaddresses
of
any
witnesses,
andthe licenseplate
numbers
of thevehicles involved.
If
you
orthe
person seeking
coveragecannot identifythe
owner
or
operator
ofavehicle
involved intheaccident,or iftheftorvandalism hasoccurred,
youorthe
personseeking
coverage must notify
the
policewithin 24hours orassoon as practicable.
A personseekingcoveragemust:
1. cooperate with us in anymatterconcerninga claimor lawsuit;
2. provideany written proofof loss we may reasonably require;
3. allow us to take
signedand recorded
statements, includingswornstatements
and
examinations underoath,
which
we may conduct outside the presenceof
you
or
any
other
person seeking coverage,and answer all reasonable questionswemay
ask as
often
aswe
may
reasonably
require;
4. promptly
call
to notify us about any
claim
or lawsuit and
send
us anyand
all
legal
papers relatingto
the
claim or suit;
5.
attend
hearingsand trialsaswe
require;
6.
take
reasonablestepsafter a lossto protectthe coveredauto, or
any
othervehicle
forwhich coverage is sought, from further loss.We will pay reasonable expenses
incurred
in providing that protection. If failure to provide such protection
results
in
further
loss,
any
additional
damages will
notbe
covered under
this policy;
7
allow
us to have the damaged
covered
auto, or any other damaged vehicle for
whichcoverage issought, inspected
and
appraisedbefore its
repair
ordisposal;
8. submit to
medical
examinationsat
our expense
by
doctors
we
select
as
often
as
we
may
reasonably require;and
9. authorize us to
obtain
medical andother
records.
PARTVII GENERAL PROVISIONS
POLICY
PERIOD
AND
TERRITORY
This policy applies only to accidents and losses occurring during the policy period
shown
on
the
declarations page
and that
occur within a state,
territory
or possession
22
of
the United
Statesof
America,
or a
province
orterritory of
Canada,
orwhile a covered
auto
isbeing transportedbetween their ports.
CHANGES
This
policy
contract,
your
insuranceapplication
which
is
made
a
part
ofthis
policy
asif
attached hereto ,
the
declarations page,
andall
endorsements to
this
policy issuedby
us,
containall
the agreementsbetweenyou
and
us. Subject tothe following,
the
terms
of
this
policy
maynotbechangedorwaived except byan endorsement issuedby us.
The
premiumfor this
policy
is
based
on information we
received
from
you
and
other
sources.
You
agree tocooperate with us indetermining if this information is
correct
and
complete,
and
to
promptly
notify us if itchangesduring the policyperiod. Ifthis informa
tion is
determined
by us to be incorrect, incomplete, or if it
changes during the policy
period,
you agree thatwe
may
adjust
your
policy informationand premiumaccordingly.
Changesthat
may
result
ina
premium
adjustment
are
contained
in
our
ratesand rules.
These include,
but are
not limited
to,
you, a relative, or a rated resident obtaining a
driver’s
license
oroperatorspermit, orchanges
in:
1.
the
number,
type
oruseclassification of coveredautos;
the
persons who
regularly
operate
a covered
auto;
the
persons of legaldriving
age residing
inyour household;
the residents in
your
household;
anoperator’smaritalstatus;
your mailing
addressand
your
residenceaddress;
the principalgaragingaddress of
any
coveredauto;
coverage, deductibles,or
limits
of
liability;
or
ratingterritory
ordiscount eligibility.
The
coverage provided in
your policy
may bechanged
only
by the issuanceof a
new
policy
or an endorsement byus.
However,
if during
the policy
periodwe
broaden
any
coverage
afforded
underthe current
edition of
your policy without
additional premium
charge, that change will automatically apply to your policy as of thedate
the
coverage
change is implemented in
your
state.
Ifyou
ask
us to
delete
a vehicle from this policy, no coverage will apply to that vehicle
asof the dateand time you
ask
us to delete it.
DUTYTOREPORTCHANGES
You must
promptly report
tous all changes, including
additions
anddeletions, in policy
information.
Further, you must report
to us certain
changes
no later than 30
days
after
the
changeoccurs.These are changesto:
your mailingaddressor
your
residenceaddress;
the
principal
garaging
addressof any
covered
auto;
the residents inyour household;
the
persons of legaldriving age residing inyour household;
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5. the persons who regularly operate a
covered
auto;
6. an operator‘s
marital status;
or
Z the driver’s licenseor operators
permit status
of
you
a relative
ora rated
residerrL
Your failure to comply with this
duty where
materialto
the
risk of loss may
result
inour
denial of coverage
for
a
claim.
SETTLEMENT OF
CLAIMS
We may use estimating appraisal or
injury
evaluation
systems
to
assist
us in
adjust
ing claims
under
this policy and to assist us in determining the amount of damages
expenses or
loss
payable
under
this
policy.
Such systems may bedeveloped byusor a
third partyand may includecomputer
software databases
andspecialized technology.
TERMS OF POUCY CONFORMEDTO STATUTES
If any provision of
this policy fails
to
conform
to
the statutes
of
the state listed
on your
application as your residence the provision shall be deemed amended to conform to
such
statutes.All
other
provisions
shall
be
given
full force
and
effect.
Any
disputes asto
the
coverages
provided or
the
provisions of
this policy shall
be governed by
the
law of
the
state
listed on your application as
your
residence.
TRANSFER OF INTEREST
The rights andduties underthis
policy
may not betransferredto anotherpersonwithout
our written consent.
However if a named insured shown on the declarations
page
dies
this
policy will provide coverage
until the
end of the policy
period
for the legal rep
resentative of the named insured while acting as such and for persons covered under
this
policy on
the
date of
the
named insured’s death.
FRAUD
OR MISREPRESENTATION
This policy
was
issued
in reliance upon
the
information provided on
your insurance
application. We
may
void this policy at
any
time including after the occurrence of an
accident or loss if you:
1.
made
incon ect statements or representationsto us with regard to any material fact
or circumstance;
2.
concealed
or misrepresented
any
material
fact
or
circumstance;
or
3. engaged in fraudulent conduct;
at
the
time of application.
This
means
that
we will
not
be
liable
for any
claims
or dam
ages
that
would
otherwise be
covered.
Any
changes we make at
your request
to
this policy
after inception
will
be
made
in reli
ance upon information yo u provide. If
you:
1.
make
incorrect
statements or representationsto us
with regard
to
any material fact
or circumstance;
24
2. conceal or misrepresent
any
material
fact
or circumstance; or
3.
engage
in fraudulent conduct;
in connection
with
a requested
change
we may void the
policy
or reform it as it
existed
immediately prior to the
requested
change. We may do this at any time including after
the
occurrence of an
accident
or
loss.
When we have not voided or reformed the policy we may
still
deny coverage for an
accident or
loss
if
you
in connection with
the
policy application in connection with any
requested
change
or at
any
time during
the policy
period
have concealed
or misrepre
sented any
material
fact or circumstance or engaged in fraudulent conduct and that con
cealment
misrepresentation or fraudulent
conduct
was material to a
risk
we
assumed.
However if we certify this poliql as proof of financial responsibility no
statement
made
byor on
behalf
of an
insured person shall void
coverage under
Part l
Liability To
Others
up to
the
minimum limits required by
the
Iowa Motor
Vehicle
Financial and
Safety ResponsibilityAct if the accident occurs before we notify you that the policy is
void. Ifwe void this policy
you must
reimburse us if we
make
a
payment
under
Part
l
LiabilityTo
Others.
We maydenycoverage for an
accident
or
loss
if
you
or a person seeking coverage
has
conwaled
or misrepresentedany material
fact
or
circumstance
or engaged in
fraudu
lent
conduct in
connection
with the presentationor settlement of a claim.
PAYMENTOF PREMIUMAND
FEES
If
your
initial premium payment is by check draft electronic funds transfer or
simi
larform
of remittance coverage
underthis
policy is conditioned on
payment
to us by
the financial
institution.If
the financial institutionupon presentment
does
not honor
the
ched< draft electronic funds transfer or similar lcrrn of remittance
this policy
may at
our option be deemed
void from its
inception.
This
means we
will
not be
liable under
this
policy
for
any
claims
or damages
that
would othewvise be
covered
if
the
check
draft electronic funds transfer or
similar
form of remittance
had been honored
by the
financial institution.Any
action
by us to present
the remittance
for payment
more
than
once shall not affect our right to void this policy.
in addition to
premium fees may
be charged on
your
policy. We
may
charge
fees for
installment payments
late
payments and other transactions.
Payments
made on your
policy will be applied first to fees then to premium
due.
CANCELLATION
You
may
cancel
this policy during the policy
period
by calling or writing us and
stating
the future
date
yo u
wish the cancellationto be
effective.
We may cancel
this policy during
the
policy
period by mailing a notice of cancellation
to
the named insuredshown
on thedeclarations page at the last
known address
ap
pearing in
our
records.
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We
will
give at least 10days noticeof cancellation if
the
policy
iscancelled for nonpay
mentof premium.
We
will give
at
least
30
days
noticeof cancellation inall
other cases.
Wemay cancel
this policy
for any reason if the notice is
mailed
within
the
first 59
days
of
the
initial
policy
period.
After
this policy
is ineffect formore than 59days, or if
this
is a renewalor continuation
policy,we
maycancel
only for
one
or
more
of the following
reasons:
1. nonpaymentof premium;
2. materialmisrepresentationor fraud by
you
with respect toany material fact in the
procurement,
continuation, changeor
renewal
of this policy;
3.
material
misrepresentation
orfraud
in
thesubmission
ofany
claim
underthis
policy;
4. you orany
operatorwhoeither
resides in
your
household orcustomarily
operates
a covered auto
has had their driver s license
suspended or
revoked
during
the
policy
period or, if
this
is a renewal
policy,
during
itspolicy
period or
the 180 days
immediatelypreceding
its
effectivedate;
5. you or
any operator
whoeither
resides
inyour householdorcustomarily operates
a covered auto
has,
during
the policy period, engaged
in a competitive
speed
contestwhile operating a coveredauto;
6. you orany operator
whoeither resides
inyour
household
or customarily operates
a covered
auto
has,
during
the 36months immediately preceding the notice of
cancellation or nonrenewal of
this policy, been convicted
ofor
forfeited bail for any
of the following:
a.
criminal
negligence resultingin death, homicide,or assault,
and
arising outof
the
operationof a
motorvehicle;
b. operating a motor vehicle while intoxicated or
while under the
influenceof a
drug;or
c. a violation of
Iowa
Code Section321.261;
2 any
violation
ofthe terms orconditions of this policy;or
8. any
other
reason permitted
bylaw.
Proofofmailing
will
be sufficientproofof
notice.
If
this
policy iscancelled, coverage
will
notbeprovided asof
the
effective
date
andtime shown in
the
noticeofcancellation. For
purposes
of cancellation, this policy is neither severable
nor
divisible.Any
cancellation
will beeffective for
all
coverages for
all
persons
andall
vehicles.
CANCELLATIONREFUND
Uponcancellation,you maybe entitled to a
premium
refund.However, ourmakingor
offering
ofa refund isnota
condition
ofcancellation.
Ifwe cancel this
policy for
a
reason
other than nonpayment of premium, any
refund
will
becomputed ona
daily
pro ratabasis.The effectivedate of cancellation shown ina
noticewill
be the
end
of
the
policy period.
26
Ifcancellation is at
your request,
or if cancellation is for nonpayment ofpremium,any
refund
duewill
becomputedona
90
of a
daily
pro rata
basis.
This isa
daily,
acceler
ated methodof calculating short rate
earned
premium on cancellations.
Earned
pre
mium iscalculatedona daily basis.
Vinten
you
renew
this policy
we
will
waive our
right
underthe
policy
tocalculate can
cellation
refunds
on a
90
of a
daily pro rata basis; instead,
any
refund
of
premium
following
a cancellation
applicable
to
the
renewal
policy
will
becalculated ona
daily pro
rata
basis.
NONRENEWAL
If
neither
we norone ofour affiliatesoffers to renew or continue this policy,we
will
notice
of
nonrenewal
to
the named
insured shown on
the
declarations
page
at the
last
known
address appearing inour records.Proofof mailing
will
besufficient proofof
notice.Notice
will
be
mailed
at least30
days beforethe end
of
the
policy
period.
AUTOMATIC
TERMINATION
Ifwe oranaffiliate offers to renew or
continue this
policy
and
youor
your
representative
does
not
accept,
this
policywill
automatically
terminate
at the end of the
current
policy
period.Failuretopay the required renewalorcontinuation premiumwhen
duewillmean
that
you
have
not accepted
our offer.
Ifyou
obtain
other insuranceonacovered
auto,any
similar insurance
provided
bythis
policywill
terminate
astothatcovered
auto
on
theeffective
date oftheother insurance.
Ifa covered
auto
is soldor transferred to someone other than
you
or a relative,any
insurance
provided
bythis
policywill terminate
asto
that
covered
auto
onthe
effective
date
of
the sale
or transfer.
LEGALACTIONAGAINST US
Wemay
not
be sued
unlessthere
is
full
compliancewith all
the terms
of this
policy.
We
may
not besued forpayment underPart | LiabilityToOthersuntil theobligationof
an insured
person
under
Part
I to
pay
is
finally
determined
either
by
judgment after trial
against
that personorbywritten agreementof the
insured
person,
the claimant,and
us.
Noonewill
haveany right
to
make
us a partytoa lawsuit todetermine
the
liability ofan
insuredperson.
Ifwe retain
salvage,
we haveno
duty
to preserve orotheniviseretain
the salvage
forany
purpose, includingevidence for
anycivil
or
criminal
proceeding.
27
7/21/2019 Progressive Automobile Insurance Iowa Policy Form 9611D IA 201410 Version 1
http://slidepdf.com/reader/full/progressive-automobile-insurance-iowa-policy-form-9611d-ia-201410-version-1 17/18
OUR RIGHTSTO RECOVER
PAYMENT
Weareentitled to the rights of
recovery
that the insuredperson to whom
payment
was
made has against
another to
the
extent of our payment.
That insured
person may be
required to
sign
documents related to the
recovery and
must do whatever else we
re
quire to help us exercisethose
recovery
rights anddo nothing after an accident or loss
to prejudicethose
rights.
When an insured person has been paid by us and
also
recovers from another the
amount
recovered will be held by the insured person in
trust
for us and reimbursedto
us to the
extent
that the
total
amount recovered
from all
sources exceeds the damages
sustained limited to the amount of our payment. Ifwe
are
not reimbursed we
may
pursue recoveryof that amount directly against that insuredperson.
If an
insured
person
recovers
from
another
without
our
written
consent the
insured
person s right to
payment
under anyaffected coverage will no longer exist.
If we
elect
to exercise
our rights
of
recovery against another
we
will
also attempt to
recover
any
deductible incurred byan insured person
under
this policy unless we are
specifically instructed by
that
person notto pursuethe deductible.Wehave no obligation
to pursue recovery against
another
for any
loss
not
covered
by
this policy.
We reserve the right to compromise or settle the deductible and property damage
claims againstthe
responsiblepartiesfor
lessthan the
full amount.We
also
reserve
the
right
to
incur
reasonable expenses and
attorney fees
in
pursuit
of the
recovery.
It
the
total recovery is
lessthan
the
total of our payment
and the
deductible we will re
duce reimbursement of the deductible basedon the
proportion
that the
actual recovery
bears to the
total
of our payment
and
the deductible. Reimbursement of the deductible
will
not
be reduced by a proportionate share of collection expenses and attorney fees
incurred
in connection with
these recoveryefforts
unless
an
outside attorney
is
retained
to
collect such
recovery. In
that case there
will bea
deduction for
a
pro ratashare
of
the
allocated loss
adjustment
expense.
These
provisions will be applied in
accordancewith
state law.
JOINT AND
INDIVIDUAL
INTERESTS
Ifthere is more than one named insured on this policy
any
named insured
may cancel
or change this
policy
The
action
of one named insured will be binding on all persons
provided coverage
underthis
policy.
BANKRUPTCY
The bankruptcy
or insolvency ofan
insured
person will
not
relieve us of any obligations
underthis policy.
28