LOUISIANA HIRED AUTO AND NON-OWNED AUTO LIABILITY/UNINSURED MOTORISTS INSURANCE (BODILY INJURY)

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1 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LOUISIANA HIRED AUTO AND NON-OWNED AUTO LIABILITY/UNINSURED MOTORISTS INSURANCE (BODILY INJURY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Insurance is provided only with respect to those coverages for which a specific Limit of Insurance and Premium are shown: Limit of Coverage Insurance Premium Hired Auto Liability Insurance Non-Owned Auto Liability Insurance Uninsured Motorists Insurance Bodily Injury (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. HIRED AUTO LIABILITY The insurance provided under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LI- ABILITY (Section I Coverages) applies to "bodily injury" or "property damage" arising out of the maintenance or use of a "hired auto" by you or your "employees" in the course of your business. B. NON-OWNED AUTO LIABILITY The insurance provided under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LI- ABILITY (Section I Coverages) applies to "bodily injury" or "property damage" arising out of the use of a "non-owned auto" by any person other than you in the course of your business. C. UNINSURED MOTORISTS INSURANCE (BODILY INJURY) Uninsured Motorists Insurance (Bodily Injury) shall be provided only if Hired Auto Liability Insurance or Non-Owned Auto Liability Insurance applies as indicated in the Schedule. 1. We will pay all sums the insured is legally entitled to recover as damages from the owner or driver of an "uninsured motor vehicle". The damages must result from "bodily injury" sustained by the insured caused by an "accident", which occurs in Louisiana and which involves a resident of Louisiana. The owner's or driver's liability for these damages must result from the ownership, maintenance or use of the "uninsured motor vehicle". 2. If this insurance provides a limit in excess of the amounts required by the applicable law where a "hired auto" or "non-owned auto" is principally garaged, we will pay only after all liability bonds or policies have been exhausted by judgments or payments. 3. Any judgment for damages arising out of a "suit" brought without our written consent is not binding on us. CG Copyright, Insurance Services Office, Inc., 1994 Page 0 of 5

2 D. HIRED AUTO LIABILITY INSURANCE AND NON-OWNED AUTO LIABILITY INSURANCE EXCLUSIONS With respect to HIRED AUTO LIABILITY INSUR- ANCE and NON-OWNED AUTO LIABILITY IN- SURANCE only: 1. Subparagraphs b., c., e., g., h., j., k., l., m. and n. of paragraph 2., Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAM- AGE LIABILITY (Section I Coverages) do not apply. 2. The following exclusions are added to paragraph 2., Exclusions of COVERAGE A BOD- ILY INJURY AND PROPERTY DAMAGE LI- ABILITY (Section I Coverages): This insurance does not apply to: a. "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) 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. b. "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of paragraph (1) 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 the damages because of the injury. This exclusion does not apply to: (1) Liability assumed by the insured under an "insured contract"; or (2) "Bodily Injury" to domestic "employees" not entitled to workers compensation benefits. c. "Property damage" to: (1) Property owned or being transported by, or rented or loaned to the insured; or (2) Property in the care, custody or control of the insured. E. UNINSURED MOTORISTS INSURANCE EXCLUSIONS SURANCE (BODILY INJURY) only, the following exclusions apply: This insurance does not apply to: 1. Any claim settled without our consent. But this exclusion does not apply with respect to coverage provided for a vehicle described in paragraphs (2) and (3) of the definition of "uninsured motor vehicle". 2. The direct or indirect benefit of any insurer or self-insurer under any workers compensation, disability benefits or similar law. 3. Anyone using a vehicle without a reasonable belief that the person is entitled to do so. F. WHO IS AN INSURED Section II WHO IS AN INSURED is deleted with respect to all Coverages provided under this endorsement and replaced by the following: 1. Each of the following is an insured with respect to HIRED AUTO LIABILITY INSURANCE and NON-OWNED AUTO LIABILITY INSURANCE only, to the extent set forth below. a. You. b. Any other person using a "hired auto" with your permission. c. With respect to a "non-owned auto", any partner or "executive officer" of yours, but only while such "non-owned auto" is being used in your business. d. Any other person or organization, but only with respect to their liability because of acts or omissions of an insured under paragraphs a., b. or c. above. Page 2 of 5 Copyright, Insurance Services Office, Inc., 1994 CG

3 2. None of the following is an insured with respect to HIRED AUTO LIABILITY INSURANCE and NON-OWNED AUTO LIABILITY INSURANCE. a. Any person engaged in the business of his or her employer with respect to "bodily injury" to any co-employee of such person injured in the course of employment; b. Any partner or "executive officer" with respect to any "auto" owned by such partner or officer or a member of his or her household; c. Any person while employed in or otherwise engaged in performing duties related to the conduct of an "auto business", other than an "auto business" you operate; d. The owner or lessee (of whom you are a sublessee) of a "hired auto" or the owner of a "non-owned auto" or any agent or "employee" of any such owner or lessee; e. Any person or organization with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 3. Each of the following is an insured with respect to UNINSURED MOTORISTS INSURANCE only, to the extent set forth below: a. You. b. If you are an individual, your spouse. c. Anyone occupying a "hired auto" or "nonowned auto" covered under the terms of this endorsement. d. Anyone for damages he or she is entitled to recover because of "bodily injury" sustained by a person described in paragraphs 3.a., b. or c. above. G. LIMITS OF INSURANCE FOR UNINSURED MOTORISTS INSURANCE SURANCE only, Section III LIMITS OF INSUR- ANCE is replaced by the following: 1. Regardless of the number of "hired autos", "non-owned autos", insured, premiums paid, claims made or vehicles involved in the "accident", the most we will pay for all damages resulting from any one "accident" is the limit shown for Uninsured Motorists Insurance in the Schedule of this endorsement or in the Declarations. 2. Any amount paid by or for anyone legally responsible for an "accident" will reduce only the amount of damages to be paid and does not reduce our limit of insurance. 3. Any amount paid under this insurance will reduce any amount an insured may be paid under COVERAGE A (Section I Coverages). H. CHANGES IN CONDITIONS FOR UNINSURED MOTORISTS INSURANCE SURANCE only, Section IV Commercial General Liability Conditions is amended as follows: 1. The following is added to paragraph 2.c. of the DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT CONDITION; Duties in the Event Of Occurrence, Offense, Claim or Suit c. You and any other involved insured must: (5) Promptly notify the police if a hit-and run driver is involved. 2. The OTHER INSURANCE Condition is replaced by the following: a. This insurance shall be excess over any primary uninsured motorists insurance specifically covering the "hired auto" or "nonowned auto". b. Whether or not there is collectible primary uninsured motorists insurance, the total limit available for recovery of damages from all uninsured motorists insurance coverages or policies written on an excess basis shall be the limit of the one such insurance coverage or policy having the highest limit. We will pay our pro rata share of that limit. 3. The following is added to the TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition: If we make any payment and the insured recovers from another party, the insured must hold the proceeds in trust for us and pay us back the amount we have paid. We shall be entitled to subrogation only after the insured has been fully compensated for damages by another party. 4. The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition does not apply to vehicles described in paragraph (2) of the definition of "uninsured motor vehicle". CG Copyright, Insurance Services Office, Inc., 1994 Page 3 of 5

4 5. The following Condition is added and supersedes any provision to the contrary: ARBITRATION a. If we and an insured disagree whether the insured is legally entitled to recover damages from the owner or driver of an "uninsured motor vehicle" or do not agree as to the amount of damages, both parties may, by mutual consent, agree in writing to arbitration of the disagreement. In this event, each party will select an arbitrator. The two arbitrators will select a third. If they cannot agree within 30 days, both parties must request that selection be made by a judge of a court having jurisdiction. Each party will pay the expenses it incurs and bear the expenses of the third arbitrator equally. b. Unless both parties agree otherwise, arbitration will take place in the parish in which the insured lives. Local rules of law as to arbitration procedures and evidence will apply. The Conditions of the policy are not changed with respect to HIRED AUTO LIABILITY INSURANCE or NON-OWNED AUTO LIABILITY INSURANCE. I. DEFINITIONS For the purposes of this endorsement only, the definition of "insured contract" in the DEFINITIONS Section is amended by the addition of the following: 8. "Insured contract" means: g. That part of any contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or any of your "employees", of any "auto". However, such contract or agreement shall not be considered an "insured contract" to the extent that it obligates you or any of your "employees" to pay for "property damage" to any "auto" rented or leased by you or any of your "employees". 2. With respect to HIRED AUTO LIABILITY IN- SURANCE and NON-OWNED AUTO LIABIL- ITY INSURANCE only, the following definitions are added: a. "Auto business" means the business or occupation of selling, repairing, servicing, storing or parking "autos". b. "Hired auto" means any "auto" you lease, hire, rent or borrow. This does not include any "auto" you lease, hire, rent or borrow from any of your "employees", your partners or your "executive officers", or members of their households. c. "Non-owned auto" means any "auto" you do not own, lease, hire, rent or borrow which is used in connection with your business. This includes "autos" owned by your "employees", your partners or your "executive officers", or members of their households, but only while used in your business or your personal affairs. 3. With respect to UNINSURED MOTORISTS INSURANCE only, the following definitions are added: a. "Accident" includes continuous or repeated exposure to the same conditions resulting in "bodily injury" or "property damage". b. "Occupying" means in, upon, getting in, on, out or off. c. "Uninsured motor vehicle" means a land motor vehicle or trailer: (1) For which no liability bonds or policy at the time of an "accident" provides at least the amounts required by the applicable law where a "hired auto" or "nonowned auto" covered under this policy is principally garaged; (2) Which is an underinsured motor vehicle. An underinsured motor vehicle means a land motor vehicle or trailer to which a liability bond or policy affording coverage for "bodily injury" applies at the time of the "accident" but the amount paid for "bodily injury" under that bond or policy to an insured is not enough to pay the full amount the insured is legally entitled to recover as damages; (3) For which an insuring or bonding company denies coverage or is or becomes insolvent; or Page 4 of 5 Copyright, Insurance Services Office, Inc., 1994 CG

5 (4) Which is a hit-and-run vehicle and neither the driver nor owner can be identified. The vehicle must either: (a) Hit an insured, a "hired auto" or a "non-owned auto" covered under this policy or a vehicle the insured is "occupying"; or (b) Cause "bodily injury" to an insured without any actual physical contact with the insured, a "hired auto" or a "non-owned auto" covered under this policy, or a vehicle the insured is "occupying". However, in such cases, the insured must show, by an independent and disinterested witness, that the "bodily injury" resulted from the actions of an unidentified motorist. However, "uninsured motor vehicle" does not include any vehicle: (1) Owned by a governmental unit or agency; or (2) Designed for use mainly off public roads while not on public roads. CG Copyright, Insurance Services Office, Inc., 1994 Page 5 of 5

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