NON-RESIDENT PRIVATE AUTO LIABILITY INSURANCE POLICY. Commercial Alliance Insurance Company 415 Lockhaven Drive Houston, Texas 77073
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- Conrad Morton
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1 NON-RESIDENT PRIVATE AUTO LIABILITY INSURANCE POLICY Commercial Alliance Insurance Company 415 Lockhaven Drive Houston, Texas AGREEMENT This policy is sold only to Non-Residents of the U.S.A. who are using their foreign registered vehicles for traveling in the U.S.A. This policy is not designed or intended to be sold as insurance for a United States registered vehicle or to a person living in the U.S.A. on a permanent or full-time basis. Coverage is excluded in Mexico and in Canada. In return for payment of the premium, and subject to all terms of this policy, we agree as follows: PART 1 - LIABILITY COVERAGE INSURING AGREEMENT A. We will pay damages for bodily injury or property damage for which an insured under this policy becomes legally responsible due to an auto accident arising out of the ownership, maintenance, or use of a covered vehicle. Property damage includes loss of use of damaged property. Damages include prejudgment interest awarded against an insured. We will settle or defend, as we consider appropriate, any claim or suit seeking these damages. In addition to our limit of liability, we will pay all defense costs we incur. Our duty to settle or defend ends when our limit of liability for coverage has been exhausted. We have no duty to defend if we are not notified of suit by the insured. B. An Insured as used in Part 1 means: 1. You or any family member arising out of the ownership, maintenance or use of any vehicle or trailer while in the U.S.A. or Canada. 2. Any person using the vehicle described in the Certificate while in the U.S.A. or Canada. C. Time of Accident. This policy applies only to accidents occurring within the policy period. SUPPLEMENTARY PAYMENTS In addition to our limit of liability, we will pay on behalf of an insured: 1. Up to $100 for bail bonds required because of an auto accident, including related traffic law violations. The accident must result in bodily injury or property damage covered under this policy. 2. Premiums on appeal bonds and bonds to release attachments in any suit we defend. 3. Interest accruing after judgment is entered in any suit we defend. Our duty to pay interest ends when we offer to pay that part of the judgment that does not exceed our limit of liability. 4. Up to $50 a day for loss of earnings, but not other income, because of attendance at hearings or trials at our request. 5. Other reasonable expenses incurred at our request. EXCLUSIONS Liability Coverage under this Part 1, including our duty to defend, does not apply to: 1. An insured who intentionally causes bodily injury or property damage. (This exclusion does not apply to an insured who did not participate in such intentional or expected bodily injury or property damage). 2. Workers Compensation. Bodily injury to an employee of any insured during the course of employment. This policy excludes any obligation which an insured may be or is held liable for under any workers compensation laws. 3. Property Damage. This policy excludes property rented to, used by, or in the care, custody or control of an insured that is lost or damaged for any reason. This policy provides no coverage for physical damage to the covered vehicle. CAIC FORM 105 (eff ) Page 1 of 10
2 4. Handling of Property. Bodily Injury or Property damage resulting from the handling or movement of property by any mechanical device before it is moved from the place where it is accepted by the Insured for movement into or onto the vehicle, or after it is moved from the vehicle to the place where it is finally delivered by the insured. 5. Bodily injury or property damage arising out of the ownership, maintenance, or use of a covered vehicle while being used for commercial or business purposes, or to carry persons or property for compensation, including but not limited to delivery of magazines, food, or other products. 6. While employed or engaged in the business or occupation of selling, repairing, servicing, storing, parking, leasing, delivering, repossessing, or testing vehicles. (This exclusion does not apply to the ownership, maintenance or use of the covered vehicle by you, a family member, or to any partner, agent or employee of you). 7. Bodily injury or property damage resulting from any pre-arranged or organized racing, speed or demolition contest, stunt activity, or in practice or preparation for such activity. 8. Bodily injury or property damage due to nuclear reaction or radiation. 9. Bodily injury or property damage arising out of the actual, alleged or threatened discharge, dispersal, release or escape of pollutants. (This exclusion does not apply to fuels, lubricants, fluids, exhaust gases, or other similar pollutants that are needed, and the actual, alleged or threatened discharge, dispersal, release or escape is caused by an accident). Pollutants means any solid, liquid, gaseous, thermal irritant, or contaminant, including, but not limited to, smoke, vapor, soot, fumes, acids, alkalis, chemicals, waste. Waste includes materials to be recycled, reconditioned, or reclaimed. 10. Bodily injury or property damage due to war, whether or not declared, or any act or condition incident to war. War includes civil, insurrection rebellion, revolution or terrorist attacks. 11. Bodily injury or property damage arising out of the ownership, maintenance, or use of a covered vehicle while being used in any illegal transportation or trade. 12. Bodily injury or property damage arising out of the ownership, maintenance, or use of a covered vehicle while being rented, leased, sold, or under a conditional sales agreement by you to another. 13. Bodily injury or property damage caused by a person using a vehicle without the reasonable belief that person is entitled to do so. (This exclusion does not apply to you or a family member while using your covered vehicle). LIMIT OF LIABILITY A. There are separate limits of liability for bodily injury and property damage liability as shown in the Certificate. The limit of liability for each person for bodily injury liability is our maximum limit of liability for all damages for bodily injury sustained by any one person in any auto accident. Subject to this limit for each person, the limit of liability shown in the Certificate for each accident for bodily injury liability is our maximum limit of liability for all damages for bodily injury resulting from any auto accident regardless of the number of persons involved. The limit of liability shown in the Certificate for each accident for property damage liability is our maximum limit of liability for all damages to all property resulting from any auto accident. These limits are the most we will pay regardless of the number of: 1. Insured persons; 2. Claims made; 3. Vehicles or premiums shown in the Certificate; or 4. Vehicles involved in the auto accident. B. A vehicle and attached trailer are considered one vehicle. Therefore, the Limits of Liability will not be increased for accidents involving a vehicle with an attached trailer. OUT OF STATE COVERAGE A. If a state in the U.S.A. has: 1. A financial responsibility or similar law specifying limits of liability for bodily injury or property damage higher than the limit shown in the Certificate of Insurance, this policy will provide the higher specified limit. 2. A compulsory insurance or similar law requiring a nonresident to maintain insurance whenever the nonresident uses a covered vehicle (Mexican registered) in that state, this policy will be construed to conform to at least the minimum limits and policy requirements of such state. B. No insured will be entitled to duplicate payments for the same elements of loss. OTHER INSURANCE If there is other applicable liability insurance we will CAIC FORM 105 (eff ) Page 2 of 10
3 pay only our share of the loss. Our share is the proportion that our limit of liability bears to the total of all applicable limits. We do not provide liability insurance to an insured for maintenance or use of a vehicle owned by the insured, and not listed on the Certificate of Insurance for this policy. PART 2 - PERSONAL INJURY PROTECTION ( PIP ) COVERAGE INSURING AGREEMENT A. We will pay Personal Injury Protection ( PIP ) benefits because of bodily injury: 1. Which results from or are caused by an auto accident. 2. That are sustained by an insured. Our payments will only be for losses or expenses incurred within three years from the date of the accident. For this policy s PIP coverage to apply, the auto accident must occur while this policy is in force. B. Insured or Insured person as used in this Part of the policy means: 1. You or any family member: a. while occupying; or b. when struck by a vehicle. 2. Any other person while occupying the covered vehicle with you or a family member s permission. C. PIP benefits consist of the following: 1. Medical/Funeral: Reasonable expenses incurred for necessary medical, surgical, dental or funeral services; 2. Lost Income from Employment/Earnings: a. Eighty (80%) percent of an insured s loss of income from his or her employment. For these benefits to apply, the insured must have been employed or earning income in a trade or business at the time of the auto accident. Loss of income benefits cease when an insured dies. b. Loss of income means income the insured would have earned but for the injuries received in the auto accident, less any income actually earned from employment during the period the insured is recovering from bodily injuries caused by an auto accident. c. If the insured s income is a salary or fixed amount, such figure shall be used in determining the amount of income lost while the insured is unable to work full-time due to injuries received in the auto accident. Otherwise, if monthly earnings vary, the average monthly income for the period (not more than twelve months) preceding the accident shall be used. 3. Substitute Services: Reasonable expenses incurred for obtaining needed services that an insured would have typically performed: a. On his/her own without pay; b. During a period when injuries from an auto accident prevented the insured from doing such services; and c. Were for the care and maintenance of the family or household. These benefits only apply if, at the time of the accident, the insured was not an income producer or gainfully employed. This benefit does not apply to any loss after the insured person dies. EXCLUSIONS We will not pay PIP benefits for any person for bodily injury sustained: 1. In an auto accident caused intentionally by that person claiming benefits under this policy. 2. While either the driver or passengers are in the process of committing a felony. 3. While the driver is attempting to elude lawful apprehension or arrest by a law enforcement official. 4. While occupying or struck by any motor vehicle (other than the vehicle described in the Certificate) which is owned by you. LIMIT OF LIABILITY The limit of liability shown in the Certificate for Personal Injury Protection ( PIP ) is the most we will pay in PIP benefits to or on behalf of any insured person for any one accident. Each occupant and the driver are limited to the amount per person set forth in the Certificate. OTHER INSURANCE If there is other PIP insurance, we will pay only our share. Our share is the proportion that our limit of liability (as stated in the Certificate) bears to the total of all applicable limits available per person. Any PIP benefits we provide with respect to an auto accident in a vehicle which is not the covered vehicle shall be excess over any other PIP benefits you collect. OTHER PROVISIONS A. Original Proof of Loss: CAIC FORM 105 (eff ) Page 3 of 10
4 To be eligible for PIP benefits, you must submit an original Proof of Loss to us within six months from the date of accident. B. Our Right for Reasonable Proof: We are entitled to reasonable proof of your income and reasonable medical proof of your injury that causes any loss of income or services. C. Benefit Payments: PIP Benefits are payable: 1. Within thirty days after reasonable proof of the claim is received; and 2. Not more frequently than every two weeks. ASSIGNMENT OF BENEFITS Payments for medical expenses will be paid directly to a health care provider if we receive a written assignment signed by the insured to whom such benefits are payable. PART 3 - UNINSURED/UNDERINSURED MOTORIST COVERAGE INSURING AGREEMENT A. We will pay damages which an insured is legally entitled to recover from the operator or owner of an uninsured motor vehicle for bodily injury sustained by the insured, including property damage caused by an auto accident. For this coverage to apply, the operator or owners liability to an insured for damages incurred must arise out of the ownership, maintenance or use of an uninsured motor vehicle. Any judgment for damages arising out of a suit brought without our consent is not binding on us. If there is a dispute on whether a vehicle is uninsured, we have the burden of proof on that issue. Any accident with an uninsured motor vehicle is covered only if such accident occurred while this policy is in force. B. Insured or Insured Person as the terms are used in this part of the policy means: 1. You or any family member while occupying or being struck by an uninsured motor vehicle; and/or 2. Any other person occupying your covered vehicle if it is involved in an auto accident with an uninsured vehicle. C. Property damage as used in this Part of the policy means injury to or loss of use of: 1. The covered vehicle described in the Certificate. 2. Property of any insured occupying the covered vehicle which is damaged in an accident with an uninsured vehicle. 3. Any property owned by you or a family member damaged while in any vehicle not owned by you but being operated by you or a family member with the permission of the owner. D. Uninsured Motor Vehicle I. Uninsured motor vehicle means a motor vehicle or trailer: 1. Which has no insurance policy or liability bond in force at the time of the accident. 2. Which operator or owner cannot be identified and which strikes: a. You or a family member; b. A vehicle you or a family member are occupying; or c. The vehicle described in the Certificate. 3. To recover under this Part, if any vehicle causes bodily injury or property damage to an insured, and the owner or operator of such vehicle cannot be identified, actual physical contact must have occurred between the unidentified vehicle and the person or property of the insured. 4. Which has a liability policy or bond, but the insurance carrier or bonding company has become insolvent or denied coverage for the accident. 5. Which is an underinsured motor vehicle. This means a motor vehicle which does have a bond or liability policy in force and provides coverage at the time of the accident, but its limits of liability is: a. Inadequate to pay the full amount of damages an insured is legally entitled to recover; or b. Has been reduced by payment of claims so that an insured cannot fully recover the damages that such insured is legally entitled to recover. II. Uninsured Motor Vehicle does not include the following type of equipment or motor vehicles: 1. A vehicle owned by you or a family member that is not listed on the Certificate. 2. Owned or operated by a self-insurer under any valid motor vehicle law. 3. Owned by any government or subdivision thereof unless: a. The driver of the vehicle is uninsured; and b. There is no statute imposing liability for damage because of bodily injury or property damage on the government body for an amount not less than the limit of liability for CAIC FORM 105 (eff ) Page 4 of 10
5 this coverage. 4. Operated on crawler treads or rails. 5. Any accident occurring off public roads in which your vehicle strikes equipment used for off road purposes. 6. While located for use as a residence or premises. EXCLUSIONS A. This policy does not provide Uninsured/Underinsured Motorist Coverage: 1. If an insured settles with an uninsured or underinsured motorist without our written consent. 2. If the vehicle described in the Certificate is being used to carry persons or property for a fee. 3. For bodily injury or property damage while operating, occupying or using any vehicle owned by you or a family member that is not listed in the Certificate. 4. For bodily injury or property damage resulting from intentional acts. The exclusion only applies to that person whose intentional acts caused him or her bodily injury, and/or property damage. 5. Directly or indirectly to benefit any insurer or self-insurer under any workers compensation or similar law. 6. For the first $250 of the amount of damage to the property of any one insured as a result of any one accident. 7. To any person operating or occupying the covered vehicle without your permission. (This exclusion does not apply to family members as to the covered vehicle). 8. For any person operating a vehicle without a reasonable belief that that such person is entitled to do so. (This exclusion does not apply to you or a family member while using your covered vehicle). B. Uninsured/Underinsured Motorist Coverage shall not apply either directly or indirectly to benefit: 1. Any insurer or self-insurer under any workers compensation, disability benefits or similar law. 2. A carrier which insures property. LIMIT OF LIABILITY A. Limited to Amounts Set Forth on the Certificate. Our limit of liability shown on the Certificate per person is the most we will pay for all bodily injuries incurred by any one person for any one auto accident. Similarly, the limit of liability, on the Certificate for per accident for Uninsured/Underinsured Motorist Benefits is the most we will pay for all bodily injuries for any one auto accident, regardless of the number of persons injured. The limit of liability shown in the Certificate for Property Damage is the most we will pay for all damages to all property caused to any one auto accident. B. Our Limit of Liability Subject to Payments By Persons Legally Responsible. Subject to the maximum or limits set forth in the Certificate, our limit of liability is the lesser of: 1. The difference between the amount of an insured s damages for bodily injury or property damage and the amount paid to the insured for damages, by or on behalf of persons who may be legally responsible; and 2. The available limits of liability for this coverage under this policy. 3. Any payment under this coverage to an insured will reduce any amount that the insured is entitled to recover for the same damages under the Liability Coverage or PIP section of this policy. OTHER INSURANCE If there is other applicable Uninsured/Underinsured Motorist coverage, we will only pay our share of any damages. Our share is the proportion that our limit of liability bears to the total limits available. Any benefits under this section we provide with respect to a vehicle not listed in the Certificate will be excess over any other collectible insurance. PART 4 - POLICY TERMS AND CONDITIONS OUT OF STATE COVERAGE If an auto accident occurs while this policy is in force in any state in the United States, we will interpret this policy for such auto accident as follows: A. If the state has: 1. A financial responsibility or similar law requiring limits of liability for bodily injury or property damage in amounts greater than the limit shown in the Certificate for this policy, this policy will provide the higher limit. 2. A compulsory law requiring a non-resident of the state where the auto accident occurred to maintain certain types of coverages, this policy will provide at least the required minimum amounts and type of coverage. B. No insured will be entitled to duplicate payments for the same elements of loss. DUTIES AFTER AN ACCIDENT OR LOSS CAIC FORM 105 (eff ) Page 5 of 10
6 A. In the event of an accident, claim, suit, or loss, we must be notified promptly of how, when and where the accident or loss happened. Notice should also include the names and addresses of any injured persons and witnesses. If we show that your failure to provide notice prejudices our defense, there is no liability coverage under the policy. B. A persons seeking any coverage must: 1. Cooperate with us in the investigation, settlement or defense of any claim or suit. 2. Promptly send us copies of all demands, notices, summons, and legal papers received in connection with the accident or loss. 3. Assume no obligation, make no payment and incur no expenses without our consent, except at your own cost. 4. Submit, as often as we reasonably require, to physical exams, at our cost, by physicians we select. 5. Submit, as often as we reasonably require, to an examination under oath. 6. Authorize us to obtain: a. Medical reports; and b. Other pertinent records reasonably related to the accident or injuries being claimed. 7. Submit a proof of loss when required by us. C. Within fifteen business days after we receive your written notice of claim, we must: 1. Acknowledge receipt of the claim. If our acknowledgment is not in writing, we will keep a record of the date, method and content of our acknowledgment. 2. Begin an investigation of the claim. 3. Specify the information you must provide in accordance with paragraph B. above. We may request additional information if while investigating the claim such additional information is necessary. D. After we receive the information we request, we must notify you in writing whether the claim will be paid or denied, or whether more information is needed. 1. Within fifteen business days; or 2. Within thirty business days if we have reason to believe the loss resulted from arson. E. If we do not approve payment of your claim or require more time for processing your claim, we must: 1. Give reasons for denying your claim, or 2. Give reasons we require more time. We must either approve or deny your claim within forty-five business days after our requesting more time. F. In the event of a weather-related catastrophe or major natural disaster, the claim-handling deadlines as stated above are extended by an additional fifteen days. G. Loss Payment 1. If we notify you that we will pay all or part of your claim, we must pay within ten business days after we notify you. 2. If payment of all or part of your claim requires the performance of an act by you, we must pay within ten business days after the date you perform the act. H. Notice of Settlement of Liability Claim. 1. Not later than the tenth day after an initial offer is made to settle a claim against you, we will notify you, in writing, of such offer. 2. We will notify you, in writing, within thirty days of our settlement of any claim being made against you. POLICY CHANGES This policy, your application for insurance, and endorsements issued by us contains all the agreements between you and us. Subject to the following, its terms may not be changed or waived except by an endorsement issued by us. The premium for each covered vehicle is based on information we received from you or other sources. You agree to cooperate with us in determining if this information is correct and complete, and you will notify us if it changes during the policy period. If this information is incorrect, incomplete, or changes during the policy period, we may adjust your premium during the policy period or take other appropriate action. To properly insure your covered vehicle, you must promptly notify us when: 1. Your address or phone number changes. 2. Your covered vehicle is primarily garaged at an address other than the address shown on the Certificate of Insurance. 3. You make physical or mechanical modification to a covered vehicle. 4. You acquire a replacement vehicle. Changes that may result in premium adjustment are contained in our rates and rules. These include, but are not limited to: 1. Changes in the number, type or use classification CAIC FORM 105 (eff ) Page 6 of 10
7 of a covered vehicle; 2. Changes in operators using covered vehicles; 3. A family member obtains a driver s license or operator s permit; 4. Changes in the place of principal garaging of any covered vehicle; 5. Changes in coverage or limits of liability; or 6. Changes in rating territory or discount eligibility. FRAUD OR MISREPRESENTATION This policy was issued in reliance upon information you provided on your insurance application. We may deny coverage under this policy if you or an insured person knowingly concealed or misrepresented any material fact or circumstance, or engaged in fraudulent conduct in connection with this insurance at the time this policy was issued, or at any time during the policy period. We may deny coverage for any accident or loss if you or an insured person knowingly concealed or misrepresented any material fact or circumstance, or engaged in fraudulent conduct in connection with the presentation or settlement of a claim. PAYMENT OF PREMIUM If your initial premium payment is by check, draft or remittance other than cash, coverage under this policy is conditioned upon the check, draft, or remittance being honored upon presentment. If the check, draft, or remittance is not honored upon presentment, this policy may, at our option be deemed void from inception. This means that we will not be liable for any claim or damages which would otherwise be covered if the check, draft, or remittance had been honored upon presentation. If you tender a check, draft, or remittance to us for any full or partial payment of your premium, other than your initial payment, and the check, draft, or remittance is returned to us due to insufficient funds, closed account, or stop payment, this policy may be cancelled for non-payment of premiums. LEGAL ACTION AGAINST US A. No legal action may be brought against us until there has been full compliance with all terms of this policy. In addition, under Liability Coverage, no legal action may be brought against us until we agree in writing that the insured person has an obligation to pay or the amount of that obligation has been finally determined by judgment after trial. B. No person or organization has any right under this policy to bring us into any action to determine the liability of an insured person. OUR RIGHT TO RECOVER PAYMENT A. If we make any payment under this policy and the insured to or from whom payment was made has a right to recover damages from another, we shall be subrogated to that right. That insured shall do whatever is necessary to enable us to exercise our rights and do nothing after loss to prejudice them. B. If we make any payment under this policy and the insured to or from whom payment is made recovers damages from another, that person shall hold in trust for us the proceeds of the recovery and reimburse us to the extent of our payment(s). POLICY PERIOD AND TERRITORY A. This policy applies only to accident and losses which occur during the policy period as shown in the Certificate and within the policy territory. B. The policy territory is the contiguous forty-eight (48) states of the U.S.A. and Canada. TERMINATION A. Cancellation. A Non-Resident auto policy issued for a term of less than thirty days cannot be cancelled. As to Non-Resident auto policies with a policy term of thirty days or longer this policy may be canceled during the policy period as follows: 1. You may cancel by: a. Returning this policy to us; or b. Giving us advance written notice of the date cancellation is to take effect. 2. We may cancel by mailing notice to you at the address shown in this policy. 3. We may cancel this policy for any of the following reasons: a. You do not pay any portion of the premium when due; or b. You submit a fraudulent claim; or c. If your driver s license or motor vehicle registration on the covered vehicle is suspended or revoked. Cancellation under this paragraph does not take effect until at least the tenth day after we mail notice of the cancellation to the insured listed on the Certificate of this policy. 4. Your place of residence, state of registration, or license on the covered vehicle is changed to a state or CAIC FORM 105 (eff ) Page 7 of 10
8 country in which we do not accept. If you or us cancel this policy for any reason, any refund due will be computed on a pro rata basis. 5. We will not cancel or refuse to renew this insurance policy based solely on the fact the policyholder is an elected official. B. Your Right to Renewal. At your option, you may renew this policy if it was written for a term of less than one year. This requires you to notify your agent of such intention. We may refuse to renew the policy on any twelve month anniversary of the original effective date of this policy. C. Other Termination Provisions. 1. We may deliver any notice instead of mailing it. Proof of mailing of any notice shall be sufficient proof of notice. 2. If this policy is canceled, you may be entitled to a premium refund. If so, we will send you the refund promptly. However, making or offering to make the refund is not a condition of cancellation. Refunds will be made on a pro-rata basis determined by the number of days the policy was in force. 3. The effective date of cancellation stated in the cancellation notice shall become the end of the policy period. 4. Any cancellation or restriction of coverage made without your consent will be of no effect, except as: a. Provided for in this Termination section as: (1) Cancellation; or (2) Your Right to Cancel; or as b. Required by the Texas Department of Insurance. TRANSFER OF YOUR INTEREST IN THIS POLICY A. Your rights and duties under this policy may not be assigned without our written consent. However, if the named insured shown in the Certificate of Insurance dies, coverage will be provided for: 1. The surviving spouse if resident in the same household at the time of death. Coverage applies to the spouse as if a named insured shown in the Certificate of Insurance. 2. The legal representative of the deceased person as if a named insured shown in the Certificate of Insurance. This applies only with respect to the representative s legal responsibility to maintain or use your covered vehicle. B. Coverage will be provided until the end of the policy period. TWO OR MORE AUTO POLICIES If this [certificate] policy and any other auto insurance policy issued to you by us apply to the same accident, the maximum limit of our liability under all the policies shall not exceed the highest applicable limit of liability under one policy. BANKRUPTCY The bankruptcy or insolvency of the insured person will not relieve us of any obligations under this policy. PART 5 - NO COLLISION OR PHYSICAL DAMAGE COVERAGE This is a Third-Party Liability policy. This policy does not insure or protect the covered vehicle for Physical Damage. Specifically, Collision or Comprehensive type coverages are not included in this policy. PART 6 - DEFINITIONS The following definitions apply to the terms used in this policy: 1. AUTO ACCIDENT means a sudden, unexpected, and unintentional event involving one (1) or more land motor vehicles. 2. Bodily injury means bodily harm, or injury, including death that result directly from an accident. 3. Business includes trade, profession, or occupation. 4. Business Day means a day other than a Saturday, Sunday, or holiday recognized by the U.S.A. 5. Certificate of Insurance or Certificate means the report from us, listing one or more of the following: a. The type of coverage you have elected; b. The limit for each coverage; c. The cost of each coverage; d. The specified vehicles covered by this policy; e. The type of coverage for each such vehicle; f. Other information applicable to this [certificate] policy 6. Collision Coverage is not afforded by this policy. Collision coverage typically provides insurance for the covered vehicle for physical loss to the vehicle. A collision is typically considered an upset or overturn of the covered vehicle, and/or contact with another vehicle. CAIC FORM 105 (eff ) Page 8 of 10
9 7. Comprehensive Coverage is not afforded by this policy. Comprehensive coverage typically covers you for physical damage to the covered vehicle due to such perils or events as falling objects, fire, theft or larceny, explosion/earthquake, windstorm, hail, water or flood, malicious mischief, riot, contact with an animal or bird and/or breakage or cracking of glass due to stones or debris. 8. Covered vehicle means the specifically described vehicle(s) for which a premium charge is shown in the Certificate of Insurance provided to you when this policy was purchased. To be a covered vehicle it must be either: a. A private passenger auto or station wagon registered in Mexico; or b. A pickup or van registered in Mexico with a Gross Vehicle Weight of 10,000 lbs. or less not used for the delivery or transportation of people for a fee, goods, materials, supplies (other than samples), or any other business. c. Any trailer while drawn by or attached to a covered vehicle. No coverage will be provided for any vehicle not shown in the Certificate of Insurance. 9. Family Member means a person residing in the same household as you, and related to you by blood, marriage, or adoption. Family member also includes: (1) a spouse during a period of separation in contemplation of divorce, and (2) a ward, stepchild, or foster child. Unmarried dependent children temporarily away from the home will be considered family members if: a. They are under the age of twenty-five years; b. They intend to continue to reside in your household; or c. They are a student Insured or Insured Person specifically means, unless otherwise defined in this policy, a permissive user of the covered vehicle who is not a family member. Also, for PIP or Uninsured/Underinsured Motorist benefits, it includes occupants in the covered vehicle. 11. Loss means sudden, direct, unexpected and unintentional damage. 12. Non-Resident means a citizen of a country other than the U.S.A. It also includes any vehicle registered/licensed in a country other than the U.S.A. 13. Occupying means in, on, entering or exiting a motor vehicle. 14. Physical damage as used in this policy means damage to the covered vehicle itself and includes: a. the cost to repair, fix or replace the covered vehicle; and b. loss of use of the covered vehicle. 15. Property damage means physical damage, destruction, or loss of use of tangible property. 16. Suit means a civil proceeding in which damages because of bodily injury or property damage to which this insurance applies are alleged. 17. Trailer means a vehicle designed to be pulled by a private passenger auto, pickup or van. It does not include a mobile home, travel trailer, or a trailer used as an office, store, restaurant, display, or passenger conveyance. 18. U.S.A. is an abbreviation for the United States of America. 19. Vehicle means a land motor vehicle designed for travel on public road with at least four wheels. Vehicles not registered in Mexico are excluded as a covered vehicle. Vehicle for purposes of Part 2 (PIP) and Part 3 (UM/UIM Coverage) means a motor vehicle designed for travel on public roads, including trailers and motorcycles. 20. We, Us and Our refer to the company providing this insurance as shown on the Certificate of Insurance. 21. You and Your means the person shown as the named insured on the Certificate along with such person s spouse, if any. In Witness whereof, the company has caused this policy to be executed and attested. Secretary President CAIC FORM 105 (eff ) Page 9 of 10
10 ADDITIONAL COVERAGE CAIC ASSIST ROADSIDE ASSISTANCE PROGRAM Please call to request service DECLARATIONS 1. Commercial Alliance Insurance Company s ( CAIC ) Roadside Assistance Program is included in your Non Resident Auto Liability policy if the Certificate of Insurance specifies it as INCLUDED and extra premium is paid for it. 2. To request service you must call the toll-free number while in the U.S.A. This service is available twenty-four hours a day, seven days a week. No coverage is provided in any other country besides the United States. 3. The insured must have a current, valid and paid insurance policy with Commercial Alliance Insurance Company. 4. Only services for the covered vehicle(s) listed on the Certificate are eligible for assistance. SERVICES PROVIDED 1. Commercial Alliance Insurance Company will provide the services listed below during the effective dates of said policy. 2. Policies from one (1) to thirty (30) days of coverage are allowed to only one (1) service per policy period. 3. Policies from thirty-one (31) to three hundred sixty-five (365) days of coverage are allowed two (2) services per policy period. 4. Commercial Alliance Insurance Company will provide service for the following occurrences up to $75 dollars per event: 24-hour dispatch of emergency towing assistance: Tow service to the nearest qualified service facility, or to the issuing dealership, or other destination designated by client design. 24-hour dispatch of emergency delivery of supplies: Emergency supply of gasoline, oil, fluid and water. The cost of such liquids must be paid by the insured. 24-hour dispatch of flat tire assistance: Assistance to inflate, repair or replace the flat tire with the vehicle s spare tire. 24-hour emergency battery assistance: Assistance to jump-start the vehicle. 24-hour emergency lock-out assistance: Assistance of a locksmith to allow entry into the vehicle. Duplicate keys can be made at the customer s request and expense. 5. This service is provided in the United States of America to the vehicle described in the Certificate of CAIC s Non Resident Auto Liability Insurance. EXCLUSIONS The following are excluded from coverage: 1. No coverage in Mexico is provided. 2. All parts, labor and supplies provided while at an auto repair shop or service station, or towing to another location. 3. Replacing damaged tires with new tires. 4. Service is only for the vehicle described in the Certificate. 5. You must call to request service, or no coverage is provided. 6. Any taxes or fines. 7. Ambulance services and expenses. 8. Towing at the direction of law enforcement officer relating to traffic obstruction or abandonment, etc. 9. No service will be provided for emergencies caused as a result of the use of alcohol, drugs and other narcotics. 10. No service is will be provided for emergencies caused by persons using a vehicle without the reasonable belief that person is entitled to do so. 11. No reimbursement applies. We will pay the service providers. INTENTIONALLY LEFT BLANK CAIC FORM 105 (eff ) Page 10 of 10
NON-RESIDENT RENTAL VEHICLE POLICY. Commercial Alliance Insurance Company 415 Lockhaven Drive Houston, Texas 77073
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