FLORIDA UNITED AUTOMOBILE INSURANCE COMPANY

Transcription

1 A STOCK COMPANY FLORIDA COMMERCIAL LINES POLICY - UNITED AUTOMOBILE INSURANCE COMPANY P.O. BOX NO. MIAMI, FLORIDA PHONE: '~ UNITED AUTOMOBILE INSURANCE COMPANY UAC CA 10/05 Fl 148

2 , THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: COMMERCIAL AUTO COVERAGE PART GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM T RUCKERS COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM With respect to the Coverage provided by this endorsement, the provisions of Ihe Coverage Form apply unless modified by the endorsement. Paragraph B.2.b.(2) of the General Provisions, CANCELLATION. is changed to read as follows: b. 45 days before the effective date of cancellation if we cancel for any other reason. The notice of cancellation will slate the reason(s) for the cancellation. The following is added to paragraph B.2 of the General Provisions, CANC ELLATI ON : g. If this policy provides Personal Injury Protection and Liability Coverage in accordance with Section of the Florida Insurance Law, and: (1) It is a new or renewal policy, it may not be cancelled by the first Named Insured during the first 60 days following the date of issuance or renewal, except for one of the following reasons: (i) The covered "aula" is completely destroyed such that it is no longer operable; (ii) Ownership of Ihe covered ';aulo" is transferred; or (iii) The "named insured" has purchased another policy covering the motor vehicle insured under this policy. (2) It is a new policy. we may not cancel for nonpayment of premium during the first 60 days following the date of policy issuance unless a check used to pay us is dishonored for any reason. The following Condition is added: 17. NONRENEWAL 1. If we decide not to renew or continue this policy, we will mail you notice at leasl 45 days before the end of the policy period. If we offer 10 renew or continue and you do not accept, Ihis policy will terminate at the end of the current policy period. Failure 10 pay the required renewal or continuation premium when due shall mean that you have nol accepted our offer. 2. If we fail to mail proper notice of nonrenewal and you obtain other insurance, this policy will end on the effective dale of that insurance. 3. Notice of Nonrenewal will state the reason(s) for the nonrenewal and the effective date of nonrenewal. The policy period will end on that date. 4. If notice is maited, proof of mailing will be sufficient proof of notice., UAC CA Copyright. InsuraflCO SUTVICIIS OffiCII. loc Page 1 of 3

3 POLICY NUMBER: COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPLIT LIABILITY LIMITS 'This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective Named Insured Countersigned by "Bodily Injury" Liability "Property Damage" Liability SCHEDULE $ $ $ (Authorized Representative) Each Person Each "Accident" Each "Accident" (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The LIABILITY COVERAGE Limit of Insurance is replaced by the following: ~ Regardless of the number of covered "autos;' "insureds;' premiums paid, claims made or vehicles involved in the "accident" the limit of insurance is as follows: 1. The most we will pay for all damages resulting from "bodily injury" to anyone person caused by anyone "accident," including all damages claimed by anyone person or organization for care, loss of services or death resulting from one "bodily injury; is the limit of "Bodily Injury" Liability shown in the Schedule for each person. 2. Subject to the limit for each person, the most we will pay for all damages resulting from "bodily injury" caused by anyone "accident" is the limit of "Bodily Injury" Liability shown in the Schedule for each "accident." 3. The most we will pay for all damages resulting from "property damage" caused by anyone "accident" is the limit of "Property Damage" Liability shown in the Schedule. All "bodily injury" and "property damage" resulting from continuous or repeated exposure to substantially the same conditions will be considered as resulting from one "accident." CA Copyrighl. Insurance Services Office. Inc FL 209

4 POLICY NUMBER: COMMERCIAL AUTO CA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA SPLIT UNINSURED MOTORISTS LIMITS NON-STACKED This endorsement modifies insurance provided under the following: FLORIDA UNINSURED MOTORISTS COVERAGE NON-STACKED With respect to coverage provided by this endorsement, the provisions of the Uninsured Motorists Coverage - Non-Stacked endorsement apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective Named Insured Countersigned by (Authorized Representative) "Bodily Injury" SCHEDULE $ Each Person $ Each "Accident" (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Paragraph 1. of LIMIT OF INSURANCE is replaced by the following: 1. Regardless of the number of covered "autos", "insureds", premiums paid, claims made or vehicles involved in the "accident", the limit of insurance is as follows: a. The most we will pay for all damages resulting from "bodily injury" to anyone person caused by anyone "accldenr, including all damages claimed by any person or organization for care, loss of services or death resulting from the "bodily injury", is the limit of "Bodily Injury" shown in the Schedule for each person. b. Subject to the limit for each person, the most we will pay for all damages resulting from "bodily injury" caused by anyone "accidenf' is the limit of "Bodily Injury" shown in the Schedule for each "accidenf. CA Copyright, Insurance Services Olfice, Inc FL 211

5 INTERLINE IL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM) This endorsement modifies insurance provided under the following: BUSINESS OWNERS POLICY COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POUUTION LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION 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 Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is required to maintain financial protection 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, entitled 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 organization. B. Under any Medical Payments coverage, to expenses incurred with respect to "bodily injury" resulting from the "hazardous properties" of "nuclear material" and arising out of the operation of a "nuclear facility" by any person or organization. C. Under any Liability Coverage, to ''bodily injury" or "property damage" resulting from "hazardous properties" of "nuclear material:' if: (1) The "nuclear materiaf (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 materiar is contained in "spent fuel" or "waste" at any time 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 furnishing by an "insured" of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation 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 thereat. 2. As used in this endorsement: "Hazardous properties" includes radioactive, toxic or explosive properties; "Nuclear material" means "source material," "Special nuclear materiar or "by-product material;" "Source material:' "special nuclear material:' and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; IL Copyright. Insurance Services Office. Inc Page 1 of 2 FL 212

6 "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor;" 'Waste" means any waste material (a) containing "by-product material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any are processed primarily for its "source material" content, and (b) resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facility." "Nuclear facility" means: (a) Any "nuclear reactor;" (b) Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel; or (3) handling, processing or packaging "waste;" (c) Any equipment or device used for the processing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the "insured" at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of urenium235; (d) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal or "waste;" and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a selfsupporting chain reaction or to contain a critical mass of fissionable material; "Property damage" includes all forms of radioactive contamination of property. IL Copyrighl. Insurance Services Ollice. Inc Page 2 of 2 FL 212

7 United Automobile Insurance Company COMMERCIAL AUTOMOBILE POLICY TABLE OF CONTENTS Section 1 COVERED AUTOS ParI A - Description of Covered Auto Designation Symbols Part B - Owned Autos You Acquire Aller the Policy Begins Part C - Certain Trailers, Mobile Equipment and Temporary Substitute Autos Section II Ll ABIL1TY COVERAGE Part A - Coverage Part B - Exclusions Part C - Li mit of Insurance Section UNINSURED MOTORIST COVERAGE Part A - Coverage Part B - Exclusions Part C - Li mit of Insurance Part 0 - Disputes Concerning Uninsured Motorist Claims Section IV - PERSONAL INJURY PROT ECTION Part A - Coverage Part 8 - Exclusions Part C - Limit of Insurance and Application of Deductible Section V - PHYS ICAL DAMAGE COVERAGE Part A - Coverage Part B - Exclusions Part C - Limit of Insurance Pari D - Deductible Section VI - GENERAL PROVISIONS Part A - Loss Conditions Part 8 - Genera! Conditions Section VII - DEFINITIONS Includes Copy r ight~ Mate rial of Insurance Services Qttict!. Inc.. Wilh lis Permission FL 213

8 COMMERCIAL AUTOMOBILE POLICY Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine your rights, duties, and what is and is not covered. Throughout 111 is Policy. the words "you" and "your" refer to the "insured" shown in the Declarations. Tile w~rds "we," "us" and "our" refer 10 tile Company providing this insurance. Other words and phrases Ihat appear in quotation marks have a special meaning. Refer to SECTION VII - DEFINITIONS. SECTION I - COVERED AUTOS The Coverage Section of the Declarations shows the "autos n thai are covered "autos~ for each of your coverages. The following numerical symbols describe the "au tos ~ thai may be covered "autos.~ The symbols entered next to a coverage on the Declarations designate Ihe only "autos" Ihal are covered "au tos.~ A. DESCRIPTION OF COVERED AUTO DESIGNATION SYMBOLS SYMBOL DESCRIPTION 1 ANY 'AUTO: OWNED AUTOS ONLY. Only those uau los ~ you own (and for Liabilily Coverage any " Irailers ~ you 2 don'l own while attached 10 power units you own). This includes Ihose "a utos" you acquire ownership of arler Ihe Policy beqins, OWNED PRIVATE PASSENGER "AUTOS" ONLY, Only the private passenger ~au t os" you own, 3 This includes Ihose private passenger "a utos ~ you acquire ownershio of after the Policy b~glns, OWNED "AUTOS" OTHER THAN PRIVATE PASSENGER "AUTOS" ONLY, Only those "autos" you own Ihal are not of tile private passenger type (and for Liability Coverage any "trailers" you 4 don't own while attached to power units you own), This includes those "aulas" not of the private passenqer type you acquire ownership of after the Pol icy begins, OWNED "AUTOS" SUBJECT TO NO-FAULT. Only those ~a ut os" you own Ihal are requ ired to have No-Faull benefils in the stale where they are licensed or principally garaged, This includes those 5 "au los" you acquire ownership of after the Policy begins provided Ihey are required 10 have No- Faull benefits in the state where the are licensed or o-rincioally qaraqed. OWNED "AUTOS" SUBJECT TO COMPULSORY UNINSURED MOTORISTS LAW. Only Ihose "aulas" you own that because of Ihe law in the state where they are licensed or principally garaged 6 are required 10 have and cannot reject Uninsured Motorists Coverage, This includes those "au los" you acquire ownership of after the Policy begins provided tlley are subject to the same state uninsured motorist requirement. SPECIFICALLY DESCRIBED "AUTOS," Only those "autos" described in ITEM THREE of the 7 Declarations for which a premium charge is shown (and for Liability Coverage any "trailers" you don', own while attached to any power unit described in ITEM THREE). S 9 HIRED "AUTOS" ONLY. Only those Ua utos ~ you do no! own, bul rather lease, hire. rent, or borrow, This does not include any ~a ulo " you lease, hire, rent, or borrow from any of your Memployees," partners (i f you are a partnership), members (if you are a limited liability company), or members of their households. NONOWNED "AUTOS" ONLY, Only those Mautos" you do not own, lease, hire, rent or borrow Ihal are used in connection with you r business, This includes "aulos" owned by your "employees" or partners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your business or your personal affairs,, B. OWNED AUTOS YOU ACQUIRE AFTER THE PO LICY BEGINS 1. If Symbols 1, 2, 3, 4, 5 or 6 are entered next to the Coverage Section of the Declarations, tllen you have coverage for "au tos" that you acquire of the type described for the remainder of Ihe Policy Period, 2. If Symbol 7 is entered next to the Coverage Section of the Declarations, an "aula" you acquire will be a covered "auto" for thai coverage only if: UAle CA 08/06 Includes Copyrighted Mmeroal ollnsu!ancc Services Ollice, Inc" Wilh Its Permission

9 a. We already cover all "autos" that you own for that coverage and use for business purposes or it replaces an "auto" you previously owned that had that coverage and use for business purposes. b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. c. If you are adding Physical Damage Coverage, you must present the "auto" to us or your agent for inspection within 30 days. C. CERTAIN TRAILERS, MOBILE EQUIPMENT, AND TEMPORARY SUBSTITUTE AUTOS If Liability Coverage is provided by this Policy, the following types of vehicles are also covered "autos" for Liability Coverage: 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads while attached to a covered "auto;" or 2. "Mobile equipment" while being carried or towed by a covered "auto." 3. Any "auto" you do not own while used with the permission of its "owner" as a temporary substitute for a covered "auto" you own and we insure that is out of service because of its breakdown, repair, servicing, "loss," or destruction (up to a maximum of 30 days). A. COVERAGE SECTION II - LIABILITY COVERAGE We will pay all sums an "insured" legally must pay as damage, except punitive or exemplary damages, because of "bodily injury" or "property damage" to which this Insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto." 'We" will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance, or use of covered "autos." However, we will only pay for the "covered pollution cost or expense" if there is either "bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident." We have the right and duty to defend any "insured" against a "suit" asking for such damages or a "covered pollution cost or expense." However, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury," "property damage" or a "covered pollution cost or expense" to which this insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. Who Is An Insured The following are "insureds:" a. You for any covered "auto;" b. Any other person submitted and approved by us and listed on the Declarations while using your covered "auto;" or c. Anyone liable for the conduct of an "insured" described above while driving a covered "auto," but only to the extent of that liability_ 2. Coverage Extensions a. Supplementary Payments In addition to the Limit of Insurance, we will pay for the "insured:" (1) All expenses we incur; or (2) Up to $2,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (3) The cost of bonds to release attachments in any "suit" against the "insured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, including actual "loss" of earnings up to $250 a day because of time off from work; 2 Includes Copyrighted Material of Insurance Services Office. Inc. With Its Permission

10 (5) All costs taxed against the "insured" in any "suit" against the "insured" we defend; or (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "insured" we defend, but our duty to pay interest ends when we have paid, offered to payor deposited in court the part of the judgment that is within our Limit of Insurance. b. Out-Ot-State Coverage Extensions B. EXCLUSIONS While a "covered auto" is away from the state where it is licensed, we will increase the Limit of Insurance for liability Coverage to meet the limits specified by a compulsory or financial responsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or property. Coverages may not be created or added to this policy if they were not purchased and are not reflected in the Declarations. We will not pay anyone more than once for the same elements of "loss" because of these extensions. This insurance does not apply to any of the following: 1. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured." 2. Contractual Liability assumed under any contract or agreement. This exclusion does not apply to liability for damages: a. Assumed in a contract or agreement that is an "insured contract" provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement; or b. A liability that the "insured" would have in the absence of the contract or agreement. 3. Workers' Compensation Any obligation for which the "insured" or the "insured's" insurer may be held liable under any Workers' Compensation, Disability Benefits or Unemployment Compensation law or any similar law. 4. "Employee" Indemnification And Employer's Uablllty "Bodily injury" to: a. An "employee" of the "insured" arising out of and in the course of: (1) Employment by the "insured;" or (2) Performing the duties related to the conduct of the "insured's" business. b. The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph a. above. This exclusion applies: (1) Whether the "insured" may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of injury. This exclusion does not apply to "bodily injury" to domestic "employees" not entitled to Workers' Compensation benefits or to liability assumed by the "insured" under an insured contract. For the purposes of the Policy, a domestic "employee" is a person engaged in household or domestic work performed principally in connection with a residence premises. 5. Fellow "Employee" "Bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business..- 3 Includes Copyrighted Matorial 01 Insurance Services OHico. Inc., With Its Permission

11 6. Care, Custody Or Control "Property damage" to or "covered pollution cost or expense" involving property owned or transported by the "insured" or in the "insured's" care, custody or control. This exclusion does not apply to liability assumed under a sidetrack agreement. 7. Handling Of Property "Bodily injury" or "property damage" resulting from the handling of property: a. Before it is moved from the place where it is accepted by the "insured" for movement into or onto the covered "auto." b. After it is moved from the covered "auto" to the place where it is finally delivered by the "insured." 8. Movement Of Property By Mechanical Device "Bodily injury" or "property damage" resulting from the movement of property by a mechanical device (other than a hand truck), unless the device is attached to the covered "auto" and before it is placed in or upon the covered "auto" or after it has been removed from the covered "auto." 9. Operations "Bodily injury" or "property damage" arising out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment." 10. Completed Operations "Bodily injury" or "property damage" arising out of your work after that work has been completed or abandoned. In this exclusion, your work means: 8. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such work or operations. Your work includes warranties or representations made at any time with respect to the fitness, quality, durability or performance of any of the items included in Paragraphs 8. or b. above. Your work will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed; (2) When all of the work to be done at the site has been completed if your contract calls for work at more than one site; or (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. 11. Pollution "Bodily injury" or "property damage" arising out of the actual discharge, dispersal, seepage, migration, release or escape of "pollutants:" 8. That are, or that are contained in any property that is: (1) Being transported or towed by, handled, or handled for movement into, onto or from, the covered "auto;" (2) Otherwise in the course of transit by or on behalf of the "insured;" or (3) Being stored, disposed of, treated or processed in or upon the covered "auto." b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto;" or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured." 4 Includes Copyrighted Material of Insurance Services Office. Inc" With Its Permission

12 Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate, or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants;" and (2) The "bodily injury," "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment. " Paragraphs b. and c. above 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 a covered "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 a covered "auto;" and (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. 12. War "Bodily injury" or "property damage" due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement. 13. Racing Covered "autos" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. This insurance also does not apply while that covered "auto" is being prepared for such a contest or activity. C. LIMIT OF INSURANCE Regardless of the number of covered "autos," "insureds," premiums paid, claims made or vehicles involved in the "accident," the most ''we'' will pay for the total of all damages and "covered pollution cost or expense" combined, resulting from anyone "accident" is the Limit of Insurance for Liability Coverage shown in the Declarations. All "bodily injury," "property damage" and "covered pollution costs or expense" resulting from continuous or repeated exposure to substantially the same conditions will be considered as resulting from one "accident." No one will be entitled to receive duplicate payments for the same elements of "loss" under this Policy and any Medical Payments Coverage Endorsement, Uninsured Motorist Coverage Endorsement or Underinsured Motorists Coverage Endorsement attached to this Coverage Part. SECTION III - UNINSURED MOTORIST COVERAGE "Insured person" as used in this Part means: a. you, or a relative; or b. any other person occupying "your" motor vehicle. A. COVERAGE Subject to the Limits of Liability, if "you" pay a premium for Uninsured Motorist Coverage, we will pay for damages, other than punitive or exemplary damages, which an "insured person" is legally entitled to recover from the "owner" or operator of an uninsured or underinsured motor vehicle because of "bodily injury:" 1. Sustained by an "insured person;" 2. Caused by "accident;" and 3. Arising out of the ownership, maintenance or use of an "uninsured motor vehicle." The bodily injury must be a serious injury as described in Section (2) of the Florida Motor Vehicle No Fault Law before we will pay for damages consisting of pain, suffering, mental anguish or inconvenience. An "insured person" must notify us in writing by certified mail at least thirty (30) days before entering into any settlement with the "owner" or operator of an "uninsured motor vehicle," or that person's liability insurer. In order to preserve our right of subrogation, we may elect to pay any sum offered in settlement by, or on behalf 5 Includes Copyrighted Material of Insurance Services Office, Inc., With Its Permission

13 of, the "owner" or operator of an "uninsured motor vehicle." If we do this, you agree to assign to us all rights that you have against the "owner" or operator of an "uninsured motor vehicle." Any judgment for damages arising out of a "suit" brought without "our" written consent is not binding on us. B. EXCLUSIONS 1. We do not provide Uninsured Motorist Coverage for "bodily injury" sustained by any person or "family member:" a. If the "insured person" or his legal representative has made a settlement or has been awarded a judgment of his claim without our prior written consent unless the settlement or judgment does not prejudice our right to recover payment. This exclusion shall also not apply if the settlement is not enough to pay the full amount of "your" damages. b. Using a vehicle without a reasonable belief that that person is entitled to do so; c. While "occupying" or when struck by a vehicle owned by an "insured" that is not a covered "auto" for Uninsured Motorist Coverage under this Policy; d. When struck by any vehicle owned by a "family member" that is not a covered "auto" for Uninsured Motorist Coverage under this Policy; or e. Any "family member" while "occupying" or when struck by any vehicle owned by our "insured" that is insured for Uninsured Motorist Coverage on a primary basis under any other Policy. 2. This Coverage does not apply to any damages for pain, suffering, mental anguish and inconvenience that the "insured" may be legally entitled to recover against an uninsured motorist; unless the injury or disease caused by uninsured motorist "accident" resulted in: a. Significant and permanent "loss" of an important bodily function; b. Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement; c. Significant and permanent scarring or disfigurement; d. Death; or e. If coverage of your "auto" was obtained through a material misrepresentation. 3. This Coverage shall not apply directly or indirectly to benefit any insurer or self-insurer under any of the following or similar laws: a. Workers' Compensation Law; or b. Disability Benefits Law. 4. We do not provide coverage for punitive or exemplary damages. C. LIMIT OF INSURANCE 1. The maximum limit of our liability for Uninsured Motorists Coverage in anyone auto "accident" is the sum of the Uninsured Motorist Coverage Limits shown in the Declarations applicable to each vehicle including derivative claims. Derivative claims include, but are not limited to: loss of consortium; loss of services; loss of society; or loss of companionship. This is the most we will pay regardless of the number of: a. "Insureds;" b. Claims made; c. Vehicles or premiums shown in the Declarations; or d. Vehicles involved in the auto "accident." 2. Any coverage afforded under this Section shall be over and above, and shall not duplicate, any amounts available to an "insured" because of other bodily injury coverage: a. From or on behalf of persons or organizations who may be legally responsible. This includes all sums paid under Section II. 6 Includes Copyrighted Material 01 Insurance Services Oltice. Inc. With Its Permission

14 b. Under any of the following; (1) Workers' compensation law; (2) No-Fault Coverage; or (3) Disability benefits law or similar law. c. Automobile Medical Payments Coverage; and such coverage shall cover the difference, if any, between the sum of such benefits and the damages sustained, up to the maximum amount of such coverage provided under this Section. 3. In no event will an "insured" be entitled to receive duplicate payment for the same element of "loss." D. DISPUTES CONCERNING UNINSURED MOTORIST CLAIMS If an "insured," or in the case of death, the personal representative agrees to settle a claim with a liability insurer and its insured and such settlement would not fully satisfy the claim for personal injuries or wrongful death so as to create an uninsured motorist claim against us, then such proposed settlement agreement shall be submitted in writing to us by certified or registered mail; and we shall have a period of 30 days after receipt thereof in which to consider authorization of the settlement or retention of subrogation rights. If we authorize settlement or fail to respond to the settlement request within the 30-day period, the "insured" may proceed - execute a full release in favor of the underinsured motorist liability insurer and its "insured" and finalize the proposed settlement without prejudice to any underinsured motorist claim. If we choose to preserve our subrogation rights by refusing permission to settle, we must, within 30 days after receipt of the notice of the proposed settlement, pay to the injured party the amount of the written offer from the underinsured motorist's liability insurer. Thereafter, upon final resolution of the underinsured motorist claim, we are entitled to seek subrogation against the underinsured motorist and the liability insurer for the amounts paid to the injured party. We are entitled to credit against total damages in the amount of the limits of the underinsured motorist's liability Policy in all cases, even if the settlement with the underinsured motorist or the payment by the underinsured motorist insurer is for less than the underinsured motorist's full liability Policy limits. We are also entitled to a credit for any amount paid or payable under the Florida No-Fault Statute. The term total damages means the full amount of damages determined to have been sustained by the "insured," regardless of the amount of Underinsured Motorist Coverage. No payments or credits reduce or affect the total amount of Underinsured Motorist Coverage available to the "insured." A person seeking any Uninsured Motorist Coverage must cooperate with us in the investigation of any uninsured motorist claim or "suit," including submitting to examination under oath by any person named by us when or as often as we may reasonably require at a place designated by us within a reasonable time after we are notified of the claim. If we and an "insured" disagree as to whether that person is legally entitled to recover damages from the "owner" or operator of an underinsured "motor vehicle," or do not agree as to the amount of damages, the matter will be decided by a court of competent jurisdiction. Any judgment against the uninsured motorist will be binding against us only if we were named as a party defendant..: A. COVERAGE SECTION IV - PERSONAL INJURY PROTECTION The company will pay, in accordance with Florida Motor Vehicle No-Fault Law, to or for the benefit of the "insured" person: 1. Medical Benefits Eighty percent of all medically necessary expenses defined as medical service or supply that a prudent physician would provide for the purpose of preventing, diagnosing, or treating an illness, injury, disease, or symptom that is: 8. In accordance with generally accepted standards of medical practice; b. Clinically appropriate in terms of type, frequency, extent, site and duration; and c. Not primarily for the convenience of the patient, physician or health care provider. 7 Includes Copyrighled Material of Insurance Services Office. Inc. With Its Permission

15 2. Disability Benefits Sixty percent of work "loss" plus replacement services expenses. All Disability Benefits payable under this provision shall be paid not less than every 2 weeks;. 3. Death Benefits Death Benefits of $5,000 per individual. We may pay such benefits to: a. The executor or administrator of the deceased; b. To any of the deceased's relatives by blood or legal adoption; or connection by marriage; or c. To any person appearing to us to be equitably entitled thereto; Incurred as a result of "bodily injury" caused by an "accident" arising out of the ownership maintenance or use of a "motor vehicle" and sustained by: a. The "insured" or any household resident while "occupying" a "motor vehicle" or while a pedestrian through being struck by a "motor vehicle;" or b. Any other person while "occupying" the insured "motor vehicle," or while a pedestrian, through being struck by the insured "motor vehicle." This coverage also extends outside the state of Florida but within the Policy Territory to the "insured" while "occupying" the insured "motor vehicle." It also extends to a household resident while "occupying" the insured "motor vehicle" provided such household resident does not own a "motor vehicle" with respect to which security is required under F.S B. EXCLUSIONS This Insurance does not apply: 1. To the "insured" or any household resident while "occupying" a "motor vehicle" of which the "insured" is the "owner" and which is not a covered "auto" under this Insurance; 2. To any person while operating a covered "auto" without the express or implied consent of the "insured;" 3. To any person, if such person's conduct contributed to his "bodily injury" under any of the following circumstances: a. Causing "bodily injury" to himself intentionally; or b. While committing a felony. 4. To the "insured" or dependent household resident for work "loss" if an entry in the Schedule or Declarations indicate such coverage does not apply; 5. To any pedestrian, other than the "insured" or any household resident, not a legal resident of the state of Florida; to any person, other than the "insured," if such person is the "owner" of a "motor vehicle" with respect to which security is required under the Florida Motor Vehicle No-Fault Law; 6. To any person, other than the "insured" or any household resident, who is entitled to Personal Injury Protection Benefits from the "owner" of a "motor vehicle," which is not an insured "motor vehicle" under this Insurance, or from the owner's insurer; 7. To any person who sustains "bodily injury" while "occupying" a "motor vehicle" located for use as a residence or premises; or 8. To any person who sustains "bodily injury" while "occupying" a motorcycle or any other "motor vehicle" with less than four wheels. C. LIMIT OF INSURANCE AND APPLICATION OF DEDUCTIBLE 1. Regardless of the number of: a. Persons insured; b. Policies or bonds applicable; c. Vehicles involved; or 8 Includes Copyrighted Malerial of Insurance Services Office. Inc. With Its Permission

16 d. Claims made; The total aggregate limit of personal injury protection benefits under the Florida Motor Vehicle No-Fault Law from all sources combined, including this Policy, for all "loss" and expenses incurred by, or on behalf of, any one person who sustains "bodily injury" as the result of anyone "accident" shall be $10,000; provided that included in the foregoing, a death benefit of $5,000 shall apply_ Any amount payable under this insurance shall be reduced by the amount of benefits an injured person has recovered or is entitled to recover for the same elements of "loss" under the workmen's compensation laws' of any state or the federal government or the Medicaid program. If benefits have been received under the Florida Motor Vehicle No-Fault Law from any insurer for the same items of "loss" and expenses for which benefits are available under this Policy, we shall not be liable to make duplicate payments to or for the benefit of the injured person; but the "insurer" paying such benefits shall be entitled to recover from us its equitable pro-rata share of benefits paid and expenses incurred in processing the claim. 2. The amount of any deductible stated in the Policy Declarations shall be applied to 100% of the expenses and losses eligible under this coverage. After the deductible is met, each "insured" is eligible to receive up to $10,000 in total benefits, as described under the Florida Motor Vehicle No-Fault Law. If an entry in the Policy Declarations so indicates, any amount payable under this insurance to the "insured" or dependent relative shall be reduced by any benefits payable by the Federal Government to active or retired military personnel and their dependent relatives. If such benefits are not available at the time of "loss," we shall have the right to recompute and charge the appropriate premium. A. COVERAGE SECTION V - PHYSICAL DAMAGE COVERAGE 1. We will pay for "loss" to a covered "auto" as shown in the Declarations, including its factory equipment under: a. Comprehensive Coverage From any cause except: (1) The covered "auto's" collision with another object; or (2) The covered "auto's" overturn. b. Specified Causes Of Loss Coverage Caused by: (1) Fire, lightning or explosion; (2) Theft; (3) Windstorm, hail or earthquake; (4) Flood; (5) Malicious mischief or vandalism; (6) The sinking, burning, collision or derailment of any conveyance transporting the covered "auto;" or (7) Collision with a bird or animal. c. Collision Coverage Caused by: (1) The covered "auto's" collision with another object; or (2) The covered "auto's" overturn. 2. Towing And Storage a. Towing 'We" will pay up to $50 for towing and labor costs incurred each time a covered "auto" is damaged. b. Storage In the event that the covered "auto" is towed to a location where you are incurring storage charges as the result of a covered comprehensive or collision loss, we will pay up to $10.00 per day not to 9 Includes Copyrighted Material 01 Insurance Services Office. Inc. With lis Permission

17 exceed $ for all storage charges only if you fully cooperate with us in arranging for the immediate release of your covered "auto." 3. Glass Breakage, Hitting A Bird Or Animal, Failing Objects Or Missiles If you carry Comprehensive Coverage for the damaged covered "auto," we will pay for the following under Comprehensive Coverage: a. Glass breakage; b. "Loss" caused by hitting a bird or animal; and c. "Loss" caused by falling objects or missiles. However, you have the option of having glass breakage caused by a covered "auto's" collision or overturn considered a "loss" under Collision Coverage. No deductible applies to "loss" to glass used in the windsheild. 4. Coverage Extension We will pay up to $15 per day to a maximum of $450 for transportation expense incurred by you because of the total theft of a covered "auto." We will pay only for those covered "autos" for which you carry Comprehensive Loss Coverage. We will pay for transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the Policy's expiration, when the covered "auto" is returned to use or we pay for its "loss." B. EXCLUSIONS 1. We will not pay for "loss" caused by or resulting from any of the following. Such "loss" is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the "loss." a. Nuclear Hazard (1) The explosion of any weapon employing atomic fission or fusion; or (2) Nuclear reaction or radiation, or radioactive contamination, however caused. b. War Or Military Action (1) War, including undeclared or civil war. (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power of action taken by governmental authority in hindering or defending against any of these; or (4) Terrorism. 2. "Diminution of value." 3. Intentional acts. 4. Damaged or destroyed because of failure to comply with standards. 5. We will not pay for "loss" to any covered "auto" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. We will also not pay for "loss" to any covered "auto" while that covered "auto" is being prepared for such a contest or activity. 6. We will not pay for "loss" caused by or resulting from any of the following unless caused by other "loss" that is covered by this Insurance: a. Wear and tear, freezing, mechanical or electrical breakdown; or b. Blowouts, punctures or other road damage to tires. 7. We will not pay for "loss" to any of the following: 8. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b. Any device designed or used to detect speed-measuring equipment such as radar or laser detectors and any jamming apparatus intended to elude or disrupt speed measurement equipment. 10 Includes Copyrighted Material of Insurance Services Office. Inc. With Its Permission

18 c. Any electronic equipment, without regard to whether this equipment is permanently installed, that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. d. Any accessories used with the electronic equipment described in Paragraph c. above. Exclusions 7.c. and 7.d. do not apply to: (1) Equipment designed (manufactured or installed) solely for the reproduction of sound and accessories used with such equipment, provided such equipment is permanently installed in the covered "auto" at the time of the "loss" or such equipment is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss," and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto;" or (2) Any other electronic equipment that is: (I) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system; or (II) An integral part of the same unit housing any sound reproducing equipment described in Paragraph 8. above and permanently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. 8. Due to transportation of explosive substance, flammable liquid or similar hazardous material other than substance transported for common household usage. 9. We will not pay for loss to any of the following: 8. Covered "auto" subject to bailment lease, conditional lease, sale, mortgage not specifically declared on the Declaration; b. Chauffer units, pick-up covers, caps, or shells that are not permanently attached or installed to the covered "auto;" c. Tarpaulins, benders, chains or any cargo security device; d. If the covered "auto" is in the possession of someone with the purpose of selling it; e. Wearing apparel, tools, personal effects, mobile equipment or workstations; or 1. Covered "auto" involved in illicit trade or transportation; and g. Covered "auto" is subject to bailment lease, conditional lease sale, mortgage or encumbrance not specifically declared and described on the Declarations. C. LIMIT OF INSURANCE Our limit of liability for "loss" will be the lesser of the following: 1. The actual cash value of the stolen or damaged property, at the time of "loss," minus your deductible; or 2. The amount necessary to replace or repair the property with repair parts which are of like kind and quality as defined in this Policy, with deduction for depreciation and physical condition, minus your deductible. If a repair or replacement results in better repair parts, we will not pay for the amount of betterment. Replacement parts may be supplied by a source other than the manufacturer of "your" vehicle, at our discretion, including used, aftermarket, reconditioned or remanufactured parts. Our total liability under either option above is limited to the maximum actual cash value shown on the Declarations for anyone of your covered "autos." In the event that we determine your vehicle to be a total loss, we will owe the actual cash value of the vehicle at the time of "loss," an adjustment for depreciation and physical condition will be made; and you must immediately release your vehicle to us. In the event your vehicle is a total loss, we will pay up to $10.00 per day not to exceed $ for all storage charges. We reserve the right to retain your vehicle and/or its salvage property after we determine that your vehicle is a total loss Includes Copyrighted Material 01 Insurance Services Office. Inc., With Its Permission

19 D. DEDUCTIBLE The deductible shown in the Declarations shall apply to either incident or occurrence of "loss" to your covered "auto." For each covered "auto," "our" obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. SECTION VI - GENERAL PROVISIONS All Coverage Parts included in this Policy are subject to the following Conditions. A. LOSS CONDITIONS 1. Appraisal For Physical Damage Loss If you and we disagree on the amount of "loss," either may demand on appraisal of the "loss." In this event, each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The appraisers will state separately the actual cash value and amount of "loss." If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. If "we" submit to an appraisal, "we" will still retain "our" right to deny the claim. 2. Payment Of "Loss" As part of the conditions of this Policy, you agree with us that all such repairs performed by a repair facility chosen by us shall be performed in a good and workman like manner as is generally accepted in the automotive repair industry. 8. In the event of loss, you may have all damage to your covered auto repaired at a repair facility that we recommend. However, you may elect instead to have your covered auto repaired at a facility of your choice, or we may elect instead, at our option, to pay you for loss in money. In either of these two latter cases, you will be responsible for the repairs to your covered auto and "you" must have your covered auto repaired. b. We have the right and you agree: (1) To have the damaged or destroyed property repaired, rebuilt, or replaced; and (2) To make repairs or replacements of property with other property of similar type. c. If you have decided to repair your covered auto at a repair facility chosen by us, we have the right and you agree that we may sign on your behalf any documents and authorizations necessary to effect repairs and otherwise settle any claim. d. Payments for loss, other than total loss, will be made by us directly to the repair facility chosen to repair your covered auto (however, this provision will not apply when we elect to pay you for a loss in money under our option in provision number one above). e. In the event we determine your covered auto to be a total loss, you must immediately release your covered auto to us. We reserve the right to retain your covered auto and/or its salvage property after we determine that your covered auto is a total loss. If we pay for a loss in money, our payment will include the applicable sales tax for the damaged or stolen property when the damaged or stolen property is replaced. f. In the event of theft, we may replace the stolen property with property of similar type, which may be obtained from a source other than the manufacturer of your vehicle at our discretion; or, if the stolen property is recovered, we may return the stolen property to you or to the address shown in this Policy. If we return the stolen property, we will repair, subject to the terms and conditions of this Policy, any damage covered hereunder resulting from the theft. We may keep all or part of the stolen property at an agreed or appraised value. 12 Includes Copyrighted Material 01 Insurance Services Office. Inc. With lis PermiSSion

20 g. In the event repairs are performed to, alterations are made to, or evidence of physical damage is removed from, your covered auto by anyone prior to giving us the opportunity to have an appraiser appointed by us examine the damage; then, we shall have the right to deny coverage for that loss. This provision does not apply to any repairs, alterations or evidence of physical damage that result from actions taken for the necessary transportation to a repair facility. 3. Duties In The Event Of "Accident," Claim, "Suit" Or "Loss" We have no duty to provide coverage under this Policy unless there has been full compliance ttle following duties: a. In the event of an "accident," claim, "suit" or "loss," you must give us or our authorized representative prompt notice of the "accident" or "loss." Include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. b. Additionally, you and any other involved "insured" must: (1) Assume no obligation, make no payment or incur no expense without our consent, except at the "insured's" own cost; and (2) Immediately send us copies of any request, demand, order, notice, summons or legal paper received concerning the claim or "suit." (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit;" (4) Authorize us to obtain medical records or other pertinent information; (5) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require; and (6) Agree to examinations under oath at our request and give us a signed statement of your answers. If the person unreasonably refuses to submit to an examination, we will not be liable for any coverages. c. If there is "loss" to a covered "auto" or its equipment, you must also do the following: (1) Promptly notify the police if the covered "auto" or any of its equipment is stolen; and (2) Take all reasonable steps to protect the covered "auto" from further damage. In addition, you must keep a record of your expenses for consideration in the settlement of the claim; and (3) Permit us to inspect the covered "auto" and records proving the "loss" before its repair or disposition. 4. No Benefit To The Bailee This insurance shall not directly or indirectly benefit any carrier or other bailee. 'We" will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other provision of this Policy. 5. Legal Action Against Us No one may bring a legal action against us under this Policy until: a. There has been full compliance with all the terms of this Policy; and b. Under Liability Coverage, we agree in writing that the "insured" has an obligation to payor until the amount of that obligation has finally been determined by judgment after trial. No one has the right under this Policy to bring us into an action to determine the "insured's" liability. 6. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Policy has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. 7. Trust Agreement If we pay an "insured" for "loss" under this coverage: a. We are entitled to recover from the "insured" an amount equal to such payment if there is a legal settlement made on his behalf against any person or organization legally responsible for "bodily injury" and/or "property damage." I3 Includes Copyrighted Material of Insurance Services Office, Inc., With Its PermiSSion