ARIZONA AUTOMOBILE POLICY READY REFERENCE TO YOUR AUTOMOBILE POLICY

Transcription

1 ARIZONA AUTOMOBILE POLICY READY REFERENCE TO YOUR AUTOMOBILE POLICY DECLARATIONS PAGE AGREEMENT Your Name and Address Your Auto or Trailer Policy Period Coverage and Amounts of Insurance DEFINITIONS 1 PART A PART B PART C PART D LIABILITY COVERAGE Insuring Agreement Definitions Supplementary Payments Exclusions Limit of Liability Out of State Coverage Financial Responsibility Other Insurance MEDICAL PAYMENTS COVERAGE Insuring Agreement Definitions Exclusions Limit of Liability Other Insurance Arbitration UNINSURED AND/OR UNDERINSURED MOTORIST COVERAGE Insuring Agreement Definitions Exclusions Limit of Liability Other Insurance Arbitration Additional Duty COVERAGE FOR DAMAGE TO YOUR AUTO Insuring Agreement Definitions Optional Coverages Additional Benefits Exclusions Limit of Liability Payment of Loss Other Insurance No Benefit to Bailee Appraisal Beginning on Page 1 PART E DUTIES AFTER AN ACCIDENT OR LOSS PA

2 PART F GENERAL TERMS AND CONDITIONS Bankruptcy Changes Concealment and Fraud Conformity to Statute Cooperation and Assistance Legal Action Against Us Our Right to Recover from Others Policy Period and Territory Termination Transfer of Your Interest in This Policy Two or More Autos Insured LOSS PAYABLE CLAUSE PA

3 AGREEMENT Arizona Personal Auto Policy PA In return for payment of all premiums indicated on the Declarations Page and subject to all the terms of this policy, we agree with you as follows: The policy in this booklet includes certain word definitions with special meanings. They appear in boldface type when used throughout the policy. A. You and your means the named insured on the Declarations Page, and spouse if a resident of the same household. B. We, us and our refer to the company providing this insurance. C. Accident means a sudden event, including continuous or repeated exposure to the same conditions, resulting in bodily injury or property damage neither expected nor intended by the insured or covered person. D. Auto means: 1. a private passenger auto; or 2. a motorhome, motorcycle or trailer. E. Bodily injury means bodily harm, sickness or disease, including death that results. F. Business includes trade, profession or occupation, other than farming or ranching. G. Covered auto means: 1. Any vehicles you or a family member own shown on the Declarations Page. 2. Any of the following types of vehicles on the date you or a family member become the owner, whether operational or not, and only if no other insurance policy provides coverage for such vehicle: a. a private passenger auto; or b. a motorhome, motorcycle or trailer; This provision (G.2) applies only if: a. you or a family member acquire the vehicle during the policy period; and b. you ask us to insure it within thirty (30) days after you or a family member become the owner. If the vehicle you or a family member acquire replaces a vehicle shown on the Declarations Page, it will have the same coverage as the vehicle it replaced. If you wish to add or continue coverage for Damage to Your Auto, you must ask us to insure a replacement DEFINITIONS vehicle within thirty (30) days after you become the owner. If the vehicle you or a family member acquire is in addition to any shown on the Declarations Page, it will have the broadest coverage we now provide for any vehicle shown on the Declarations Page. 3. Any auto, trailer, or camper body you do not own while used as a temporary substitute for any other vehicle described in this definition which is out of normal use because of its breakdown, repair, servicing, loss or destruction. The temporary substitute, if other than a motorhome, trailer or camper body, must not have a Gross Vehicle Weight of more than 13,000 pounds. 4. Any private passenger auto, motorhome, travel trailer, or camper body rented to you or any family member through a licensed automobile rental agency for a period not to exceed sixty (60) days. The rented private passenger auto must not have a Gross Vehicle Weight of more than 13,000 pounds. H. Family member means a person related to you by blood, marriage or adoption who is a resident of your household. This includes a ward or foster child who is a resident of your household. I. Minimum limit(s) means the following limits required by Arizona law to be provided under an automobile liability insurance policy: 1. $15,000 for each person, subject to $30,000 for each accident, with respect to bodily injury; 2. $10,000 for each accident with respect to property damage. J. Non-owned auto means a private passenger auto or trailer not owned by you or any family member or furnished or available for regular use by you or any family member while in the custody or possession of, or being operated by, you or any family member. The non-owned auto must not have a Gross Vehicle Weight of more than 13,000 pounds. K. Occupying means in, upon, getting in, on, out or off. L. Private passenger auto means a motor vehicle of the private passenger, station wagon, pickup or van type designed for use on public highways and subject to motor vehicle registration. Private PA Page 1 of 17

4 passenger auto does not include two-wheeled motor vehicles such as motorcycles or mopeds. For purposes of this policy a private passenger auto leased under a written agreement to a person for a continuous period of at least six (6) months shall be deemed to be owned by that person. M. Property damage means physical injury to, destruction of or loss of use of tangible property. N. Trailer means a vehicle designed to be pulled by a private passenger auto including a recreational camping vehicle. It also means a farm wagon or farm implement while towed by a private passenger auto. It does not include a trailer used as an office, store, display, passenger trailer or permanent living quarters. If a premium is indicated on the Declarations Page and subject to all of the terms of the policy, we agree with you as follows: INSURING AGREEMENT. We will pay damages for bodily injury or property damage for which any covered person becomes legally responsible because of an auto accident. Damages include prejudgment interest awarded against the covered person. We will settle or defend, as we consider appropriate, any claim or suit asking for 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 this coverage has been exhausted by payment of settlements or judgments. We have no duty to defend any suit or settle any claim for bodily injury or property damage not covered under this policy. DEFINITIONS. Covered person as used in Part A means: A. You or any family member for the ownership, maintenance or use of any auto or trailer, provided such use of any non-owned auto is within the scope of permission given by the owner or reasonably believed to be with such permission. B. Any person using your covered auto with reasonable belief that the person has permission to do so. C. For your covered auto, any other person or organization but only with respect to legal responsibility for acts or omissions of a person for whom coverage is afforded under A. or B. above. D. For any auto or trailer, other than your covered auto, any other person or organization but only with respect to legal responsibility for acts or omissions of you or any other family member for whom coverage is afforded under Part A. This provision (D.) applies only if the person or organization does not own or hire the auto or trailer. SUPPLEMENTARY PAYMENTS. In addition to our limit of liability, we will pay for the covered person: A. Up to two hundred fifty dollars ($250.00) for the cost of bail bonds (including bonds for related traffic law PART A - LIABILITY COVERAGE violations) required because of an accident we cover. We do not have to furnish these bonds. B. Premiums on appeal bonds in any suit we defend, provided coverage is not in dispute. C. Premiums on bonds to release attachments in a suit we defend but only for bonds up to our limit of liability. D. All interest accruing after entry of the judgment in a suit we defend. Our duty to pay interest ends when we pay our limit of liability. E. Up to fifty dollars ($50.00) a day for loss of earnings (but not other income) because of attendance at hearings or trials at our request. F. Costs taxed against a covered person in a suit we defend. Costs taxed do not include attorney fees. G. Other reasonable expenses incurred at our request. H. We will not pay any cost, interest, pre-judgment interest or expenses unless coverage is provided under the Insuring Agreement for Part A. EXCLUSIONS. We do not provide Liability Coverage for any person: A. For bodily injury or property damage resulting from any intentional act where the results are reasonably foreseeable. B. For property damage to property owned, rented, used or transported by any covered person or in any covered person s care, custody or control. This exclusion (B.) does not apply to property damage to a residence or private garage you rent or are in charge of. C. For bodily injury to an employee of that person caused by an accident occurring during the course of employment. This exclusion (C.) does not apply to bodily injury to a domestic employee unless workers compensation benefits are required or available for that domestic employee. D. For that person s liability arising out of the ownership or operation of any vehicle used to transport persons or deliver property for compensation of any kind. This exclusion (D.) does not apply when your covered auto or non-owned auto is used in a share-the-expense car pool or is used in the course of volunteer work for a tax-exempt organization as described in ARIZ. REV. STAT. ANN (4). Page 2 of 17 PA

5 E. While employed or otherwise engaged in the business or occupation of selling, repairing, servicing, storing or parking vehicles designed for use mainly on the public highways including road testing and delivery. This exclusion (E.) does not apply to the ownership, maintenance or use of your covered auto by you, any family member, or any partner, agent or employee of you or any family member. F. Maintaining or using any vehicle while that person is employed or otherwise engaged in any business (other than farming or ranching) not described in Exclusion E. This exclusion (F.) does not apply to the maintenance or use of a: 1. private passenger auto; 2. trailer used with a vehicle described in 1. above. G. Who is covered under a nuclear energy liability policy or would be but for its termination upon exhaustion of its limits of liability. A nuclear energy liability policy is a policy issued by American Nuclear Insurers, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada, or any of their successors. H. For the ownership, maintenance or use of any vehicle, other than your covered auto: 1. which is owned by you or furnished or available for your regular use. 2. which is owned by any family member or furnished or available for the regular use of any family member. I. While operating a covered auto or any other vehicle in any racing or speed contest or in practice or preparation for any contest that occurs at or in a racing facility. J. For the maintenance or use of any trailer and/or motorhome while the trailer and/or motorhome is rented or leased to any organization, or any person other than you or a family member. K. For punitive or exemplary damages. L. For bodily injury to you or to any family member to the extent that the limits of liability for this coverage exceed the minimum limits as required by the Arizona Financial Responsibility Law. LIMIT OF LIABILITY. A. Single Liability Limit 1. If the Declarations Page shows a single limit of liability for Part A Liability Coverage, this limit is our maximum limit of liability for all damages for bodily injury and property damage resulting from any one automobile accident. This is the most we will pay regardless of the number of: a. Covered persons; b. Claims made; c. Vehicles or premiums shown on the Declarations Page; d. Premiums paid; or e. Vehicles involved in the automobile accident. 2. We will apply the limit of liability to provide any separate limits required by law for bodily injury and property damage liability. However, this provision (A.2.) will not change our total limit of liability. B. Split Liability Limits 1. If the Declarations Page shows separate limits of liability for each person and each accident, the limit of liability shown on the Declarations Page for Part A - Liability Coverage for each person is our maximum limit of liability for all damages, including damages for care, loss of services or death arising out of bodily injury sustained by any one person in any one automobile accident. The limit stated for each person is the most any one person may recover for any one accident. Subject to this limit for each person, the limit of liability shown on the Declarations Page for each accident is our maximum limit of liability for all damages for bodily injury resulting from any one automobile accident. The limit of liability shown on the Declarations Page for property damage is our maximum limit of liability for all property damage resulting from any one automobile accident. These limits are the most we will pay regardless of the number of: a. Covered persons; b. Claims made; c. Vehicles or premiums shown on the Declarations Page; d. Premiums paid; or e. Vehicles involved in the automobile accident. This insurance afforded applies separately to each covered person who is seeking coverage or against whom a claim is made or suit is brought. However, this provision will not change our total limit of liability. C. No one will be entitled to receive duplicate payments for the same elements of loss under this coverage and Parts B or C of this policy. OUT OF STATE COVERAGE. If an auto accident to which this policy applies occurs in any state or province other than the one in which your covered auto is principally garaged, we will interpret your policy for that accident as follows: A. If the state or province has: 1. A financial responsibility or similar law specifying limits of liability for bodily injury or property PA Page 3 of 17

6 damage higher than the limit shown on the Declarations Page, your 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 vehicle in that state or province, your policy will provide at least the required minimum amounts and types of coverage. B. No one will be entitled to duplicate payments for the same elements of loss. FINANCIAL RESPONSIBILITY. When this policy is certified as future proof of financial responsibility, this policy shall comply with the law to the extent required. any vehicle you do not own, the insurance provided by this policy is excess over any other collectible insurance. 1. This policy provides primary insurance for the maintenance or use of a vehicle that is owned by any person or organization in the business of selling; repairing; servicing; delivering; testing; road testing; parking; or storing motor vehicles and an insured is operating the vehicle and is neither an owner, nor an employee or agent of the owner of the vehicle. B. When two or more policies cover on the same basis, either primary or excess, we pay only our share. Our share is the proportion that the limit of our policy bears to the total of the limits of all the policies covering on the same basis. OTHER INSURANCE. A. For any covered auto you own, this policy provides primary insurance. Except as noted in 1. below, for PART B - MEDICAL PAYMENTS COVERAGE If a premium is indicated on the Declarations Page, and subject to all of the terms of the policy, we agree with you as follows: INSURING AGREEMENT. A. We will pay for loss and expenses incurred because of bodily injury caused by an automobile accident as follows: 1. Medical and hospital benefits and funeral expenses for a covered person. DEFINITIONS. A. Covered person as used in Part B means: 1. You or any family member while occupying, or as a pedestrian when struck by, a motor vehicle. 2. Any other person while occupying your covered auto, or as a pedestrian when struck by, your covered auto. B. Covered auto means: 1. A private passenger auto, pickup, van, panel truck, trailer or motorhome you own, provided it is shown on the Declarations Page and this coverage applies. 2. A non-owned private passenger auto, pickup, van, panel truck, trailer or motorhome, provided it is being operated by you or any family member, with the permission of the owner, at the time of the accident. C. Medical and hospital benefits means reasonable and necessary medical and hospital expenses incurred within three (3) years from the date of the accident. D. Pedestrian means a natural person not occupying an automobile. E. Motor vehicle means a land motor vehicle or trailer other than: 1. A farm type tractor or equipment designed for use principally off public roads, while not upon public roads; 2. A vehicle operated on rails or crawler-treads; or 3. A vehicle located for use as a residence or premises. EXCLUSIONS. We do not provide Medical Payments Coverage: A. To bodily injury sustained while occupying a motorcycle or any other self-propelled vehicle having less than four (4) wheels. B. To bodily injury sustained while your covered auto is being used to carry persons or property for compensation of any kind. This exclusion (B.) does not apply when your covered auto or non-owned auto is used in a share-the-expense car pool or is used in the course of volunteer work for a taxexempt organization as described in ARIZ. REV. STAT. ANN (4). C. To bodily injury sustained while occupying any vehicle being operated in any racing or speed contest or practice or preparation for any contest that occurs at or in a racing facility. D. To any covered person who intentionally causes bodily injury to himself/herself. E. While occupying any vehicle (other than your covered auto) which is owned by you or furnished or available for your regular use. F. To a family member while occupying any vehicle (other than your covered auto) which is owned by or furnished or available for the regular use of any family member. G. To bodily injury caused by discharge of a nuclear weapon (even if accidental), war (declared or undeclared), civil war, insurrection, rebellion or revolution or any consequence of any of these. Page 4 of 17 PA

7 H. To bodily injury from any nuclear reaction, radiation or radioactive contamination, all whether controlled or uncontrolled or however caused, or any consequence of any of these. I. To bodily injury sustained while occupying a vehicle without a reasonable belief the person is entitled to do so. J. For any person while occupying any all-terrain vehicle designed primarily for off-road use. K. For any person for bodily injury sustained while occupying your trailer and/ or motorhome while it is rented or leased to any organization, or any person other than you or a family member. L. To bodily injury sustained during the course of employment if workers' or workmens' compensation benefits are required or available. LIMIT OF LIABILITY. A. Regardless of the number of persons or organizations insured, policies or bonds applicable, claims made or covered autos to which this insurance applies, our liability for Medical Payments Coverage with respect to bodily injury sustained by any one covered person in any motor vehicle accident is limited as follows: 1. The total amount payable by us to or on behalf of each covered person because of bodily injury sustained by such covered person in any one accident shall not exceed: a. The limit indicated on the Declarations Page for Medical and hospital benefits, subject to a maximum of three thousand dollars ($3,000) for funeral expenses. 2. Any amount payable by us under the terms of this coverage to or on behalf of a covered person shall be reduced by the amount paid or payable to or on behalf of such covered person under any workers' compensation or any other similar medical or disability benefits law. B. Any payment made under this coverage to a covered person shall be applied toward any settlement or award the injured person receives under any Liability or Underinsured Motorist Coverage provided by this policy. However, if the Liability and Underinsured Motorist coverage limits are exhausted, insurance provided by this coverage may be applied as excess insurance. OTHER INSURANCE. If there is other applicable Medical Payments or Personal Injury Protection insurance we will pay only our share. Our share is the proportion that our limit of liability bears to the total of all applicable limits. However, any insurance we provide with respect to a vehicle you do not own shall be excess over any other collectible automobile insurance providing payments for medical, funeral or Personal Injury Protection. ARBITRATION. A. If we and a covered person disagree as to the amount payable under this coverage, the dispute shall be resolved by arbitration. Arbitration shall begin upon a written demand from either party. B. The parties may agree to a single arbitrator. A decision by the arbitrator will be binding. C. If the parties cannot agree on a single arbitrator, each may select an independent representative, who will then select a single arbitrator. The parties may then proceed with the single arbitrator by agreement. A decision by the arbitrator will be binding. D. If the representatives cannot agree on a single arbitrator within thirty (30) days or the parties do not agree on the arbitrator selected, each party will select an arbitrator. The two (2) arbitrators will select a third. If they cannot agree within (30) days, either may request that selection be made by a court having jurisdiction. A decision by two (2) of the three (3) arbitrators will be binding. E. Unless both parties agree otherwise, arbitration will take place within the county and state in which the covered person lives. Local rules of law as to the procedure and evidence will apply. Each party will pay the expenses it incurs including their own arbitrator and share equally the expense of the third arbitrator. PART C UNINSURED AND/OR UNDERINSURED MOTORIST COVERAGE If a premium is indicated on the Declarations Page, and subject to all of the terms of the policy, we agree with you as follows: UNINSURED MOTORIST COVERAGE. INSURING AGREEMENT. A. We will pay damages which a covered person is legally entitled to recover from the owner or operator of an uninsured motor vehicle because of bodily injury: 1. Sustained by that covered person; and 2. Caused by an accident. The owner s or operator s liability for these damages must arise out of the ownership, maintenance or use of the uninsured motor vehicle. Any judgment for damages arising out of a suit brought without our written consent is not binding on us. B. Covered person as used in this Part means: 1. You or any family member; 2. Any other person occupying your covered auto with your express or implied permission. The actual use must be within the scope of that permission. PA Page 5 of 17

8 3. Any person entitled to recover damages because of bodily injury to which this coverage applies sustained by a person described in B.1. or B.2. above. C. Uninsured Motor Vehicle means a land motor vehicle or trailer of any type: 1. To which no bodily injury liability bond or policy applies at the time of the accident. 2. To which a bodily injury bond or policy applies at the time of the accident if its limit for bodily injury liability is less than the minimum limits for bodily injury liability specified by the financial responsibility law of Arizona. 3. Which is a hit-and-run vehicle whose operator or owner cannot be identified and which hits or which causes an accident resulting in bodily injury without hitting: a. You or a family member; b. A vehicle which you or any family member are occupying; or c. Your covered auto. If there is no physical contact with the hit-andrun vehicle, the facts of the accident must be proved. The person making the claim shall provide corroboration that the unidentified motor vehicle caused the accident. Corroboration means any additional or confirming testimony, fact or evidence that strengthens and adds weight or credibility to such person s representation of the accident. 4. To which a bodily injury liability bond or policy applies at the time of the accident, but the bonding or insuring company: a. Denies coverage; or b. Is or becomes insolvent. However, uninsured motor vehicle does not include any vehicle or equipment: 1. Owned by or furnished or available for the regular use of you or any family member unless there is no Liability Coverage available under Part A of this policy to respond for damages sustained by a covered person. 2. Operated on rails or crawler treads. 3. Designed mainly for use off public roads while not on public roads. 4. While located for use as a residence or premises. EXCLUSIONS. A. We do not provide Uninsured Motorist Coverage for bodily injury sustained by any covered person: 1. If that covered person or the legal representative settles the bodily injury claim without our consent. 2. While occupying your covered auto while it is being used as a public or livery conveyance. This exclusion A.2. does not apply to share-theexpense carpool or when your covered auto is being used in the course of volunteer work for a tax-exempt organization as described in ARIZ. REV. STAT. ANN. Section (4). 3. While using a vehicle without the express or implied permission of the owner or other person having lawful possession, or using a vehicle beyond the scope of the permission granted. However, this exclusion A.3. does not apply to you or any family member using your covered auto. B. This coverage shall not apply directly or indirectly to benefit any insurer or self-insurer under any of the following or similar law: 1. Workers compensation law; or 2. Disability benefits law. C. We do not provide Uninsured Motorist Coverage for punitive or exemplary damages. LIMIT OF LIABILITY. A. The limit of liability shown in the Declarations for each person for Uninsured Motorist Coverage is our maximum limit of liability for all damages, including damages for care, loss of services or death, arising out of bodily injury sustained by any one person in any one auto accident. Subject to this limit for each person, the limit of liability shown in the Declarations for each accident for Uninsured Motorist Coverage is our maximum limit of liability for all damages for bodily injury resulting from any one auto accident. This is the most we will pay regardless of the number of: 1. Covered persons; 2. Claims made; 3. Vehicles or premiums shown in the Declarations; or 4. Vehicles involved in the auto accident. B. If the declarations indicate Combined Single Limit Coverage applies, paragraph A. above is replaced by the following: The limit of liability shown in the Declarations for Uninsured Motorist Coverage is our maximum limit of liability for all damages for bodily injury resulting from any one auto accident. This is the most we will pay regardless of the number of: 1. Covered persons; 2. Claims made; 3. Vehicles or premiums shown in the Declarations; or 4. Vehicles involved in the auto accident. Page 6 of 17 PA

9 We will apply the limit of liability to provide any separate minimum limits required by law for bodily injury liability. However, this provision does not change our total limit of liability. C. No one will be entitled to receive duplicate payments for the same elements of loss under this coverage and Part A or Part B or any Underinsured Motorist Coverage provided by this policy. D. We will not make a duplicate payment under this coverage for any element of loss for which payment has been made by or on behalf of persons or organizations who may be legally responsible. E. We will not pay for any element of loss if a person is entitled to receive payment for the same element of loss under any of the following or similar law: 1. Workers compensation law; or 2. Disability benefits law. OTHER INSURANCE. If there is other applicable insurance available under one or more policies or provisions of coverage that is similar to the insurance provided under this Part of the policy: A. Any insurance we provide with respect to a vehicle: 1. You do not own, including any vehicle while used as a temporary substitute for your covered auto; or 2. Owned by you or any family member which is not insured for this coverage under this policy; shall be excess over any collectible insurance providing such coverage on a primary basis. B. We will 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. ARBITRATION. A. If we and a covered person do not agree: 1. Whether that covered person is legally entitled to recover damages; or 2. As to the amount of damages which are recoverable by that covered person; from the owner or operator of an uninsured motor vehicle then the matter may be arbitrated. However, disputes concerning coverage under this Part may not be arbitrated. Both parties must agree to arbitration. If so agreed, each party will select an arbitrator. The two arbitrators will select a third. If they cannot agree within 30 days, either may request that selection be made by a judge of a court having jurisdiction. B. Each party will: 1. Pay the expenses it incurs; and 2. Bear the expenses of the third arbitrator equally. C. Unless both parties agree otherwise, arbitration will take place in the county in which the covered person lives. Local rules of law as to the procedure and evidence will apply. A decision to by two of the arbitrators will be binding. ADDITIONAL DUTY. A person seeking Uninsured Motorist Coverage must also promptly send us copies of the legal papers if a suit is brought. UNDERINSURED MOTORIST COVERAGE. INSURING AGREEMENT. A. We will pay damages which a covered person is legally entitled to recover from the owner or operator of an underinsured motor vehicle because of bodily injury: 1. Sustained by that covered person; and 2. Caused by an accident. The owner s or operator s liability for these damages must arise out of the ownership, maintenance or use of the underinsured motor vehicle. B. Covered person as used in this coverage means: 1. You or any family member. 2. Any other person occupying your covered auto with your express or implied permission. The actual use must be within the scope of that permission. 3. Any person entitled to recover damages because of bodily injury to which this coverage applies sustained by a person described in B.1. or B.2. above. C. Underinsured Motor Vehicle means a land motor vehicle or trailer of any type to which a bodily injury liability bond or policy applies at the time of the accident but the amount paid for bodily injury under that bond or policy to a covered person is not enough to pay the full amount the covered person is legally entitled to recover as damages. However, underinsured motor vehicle does not include any vehicle or equipment: 1. To which a bodily injury liability bond or policy applies at the time of the accident but its limit of bodily injury liability is less than the minimum limit for bodily injury liability specified by the financial responsibility law of Arizona. 2. Operated on rails or crawler treads. 3. Designed mainly for use off roads while not upon public roads. 4. While located for use as a residence or premises. 5. To which a bodily injury liability bond or policy applies at the time of the accident but the bonding or insuring company: a. Denies coverage; or PA Page 7 of 17

10 b. Becomes insolvent. EXCLUSIONS. A. We do not provide Underinsured Motorist Coverage for bodily injury sustained by any covered person: 1. While occupying your covered auto when it is being used as a public or livery conveyance. This exclusion A.1. does not apply: a. To a share-the-expense carpool; or b. When your covered auto is being used in the course of volunteer work for a taxexempt organization as described in ARIZ. REV. STAT. ANN. Section (4). 2. While using a vehicle without the express or implied permission of the owner or other person having lawful possession, or using a vehicle beyond the scope of the permission granted. However, this exclusion does not apply to you or any family member using your covered auto. B. This coverage shall not apply directly or indirectly to benefit any insurer or self-insurer under any of the following or similar law: 1. Workers compensation law; or 2. Disability benefits law. C. We do not provide Underinsured Motorist Coverage for punitive or exemplary damages. LIMIT OF LIABILITY. A. The limit of liability shown in the declarations for each person for Underinsured Motorist Coverage is our maximum limit of liability for all damages, including damages for care, loss of services and death, arising out of bodily injury sustained by any one person in any one accident. Subject to this limit for each person, the limit of liability shown in the declarations for each accident for Underinsured Motorist Coverage is our maximum limit of liability for all damages for bodily injury from any one accident. This is the most we will pay regardless of the number of: 1. Covered persons; 2. Claims made; 3. Vehicles or premiums shown in the declarations; or 4. Vehicles involved in the accident. B. No one will be entitled to receive duplicate payments for the same elements of loss under this coverage and Part A or Part B or any Uninsured Motorist Coverage provided by this policy. C. We will not make a duplicate payment under this coverage for any element of loss for which payment has been made by or on behalf of persons or organizations who may be legally responsible. D. We will reduce the covered person s total damages by any amount available to that covered person under any bodily injury liability bonds or policies applicable to the underinsured motor vehicle, that such covered person did not recover as a result of a settlement between that covered person and the insurer of an underinsured motor vehicle. However, any reduction of the covered person s total damages will not reduce the limit of liability for this coverage. E. If Combined Single Limit Underinsured Motorist Coverage applies, Paragraph A is replaced by the following: The limit of liability shown in the declarations for Underinsured Motorist Coverage is our maximum limit of liability for all damages because of bodily injury resulting from any one accident. This is the most we will pay regardless of the number of: 1. Covered persons; 2. Claims made; 3. Vehicles or premiums shown in the Declarations; or 4. Vehicles involved in the accident. OTHER INSURANCE. If there is other applicable similar insurance we will 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. However, any insurance we provide with respect to a vehicle you do not own or owned by you or any family member which is not insured for this coverage under this policy shall be excess over any other collectible insurance. ARBITRATION. A. If we and a covered person do not agree: 1. Whether that covered person is legally entitled to recover damages; or 2. As to the amount of damages which are recoverable by that covered person; from the owner or operator of an underinsured motor vehicle, then the matter may be arbitrated. However, disputes concerning coverage may not be arbitrated. Both parties must agree to arbitration. If so agreed, each party will select an arbitrator. The two arbitrators will select a third. If they cannot agree within 30 days, either may request that selection be made by a judge of a court having jurisdiction. B. Each party will: 1. Pay the expenses it incurs; and 2. Bear the expenses of the third arbitrator equally. C. Unless both parties agree otherwise, arbitration will take place in the county in which the covered person lives. Local rules of law as to procedure and Page 8 of 17 PA

11 evidence will apply. A decision agreed to by two of the arbitrators will be binding as to: 1. Whether the covered person is legally entitled to recover damages; and 2. The amount of damages. This applies only if the amount does not exceed the minimum limit for bodily injury liability specified by the financial responsibility law of Arizona. If the amount exceeds that limit, either party may demand the right to a trial. This demand must be made within 60 days of the arbitrators decision. If this demand is not made, the amount of damages agreed to by the arbitrators will be binding. ADDITIONAL DUTY. A person seeking Underinsured Motorist Coverage under this policy must also promptly send us copies of the legal papers if a suit is brought. PART D - COVERAGE FOR DAMAGE TO YOUR AUTO If a premium is indicated on the Declarations Page, and subject to all of the terms of the policy, we agree with you as follows: INSURING AGREEMENT. We will pay for direct and accidental loss to your covered auto or to a non-owned auto, including its equipment, less any applicable deductible stated on the Declarations Page. We will pay for loss to your covered auto caused by: A. Comprehensive, but only if the Declarations indicate that Comprehensive Coverage is provided for that auto. B. Collision, but only if the Declarations indicate that Collision Coverage is provided for that auto. If there is a loss to a non-owned auto, we will provide the broadest coverage applicable to any of your covered autos shown in the Declarations. DEFINITIONS. A. Actual market value means the amount that it would cost, at the time of loss, to buy a vehicle of the same make, model, body type, model year, and equipment, with substantially similar mileage and physical condition. B. Collision means the upset, or impact with another vehicle or object, of your covered auto or a nonowned auto. No deductible will apply if the collision is with another auto insured by a member company of the Enumclaw Insurance Group. Under this item (B.), loss does not include the diminution in value, if any, that remains after the damaged or stolen property or parts thereof have been repaired or replaced. C. Comprehensive means loss, other than collision, to your covered auto or a non-owned auto. For the purpose of this coverage, the following are not collision losses but are comprehensive losses: Loss caused by missiles, falling objects, fire, theft or larceny, explosion, earthquake, windstorm, hail, water, flood, malicious mischief or vandalism, riot or civil commotion, contact with a bird or animal or breakage of glass. If breakage of glass is caused by a collision, you may elect to have it considered a loss caused by collision. Under this item (C.), loss does not include the diminution in value, if any, that remains after the damaged or stolen property or parts thereof have been repaired or replaced. D. Camper body means a body equipped as sleeping or living quarters which is designed to be mounted on a pickup. E. Repair or Replace means restoring the damaged property or parts thereof to their pre-accident operational safety, function, and appearance. However, we may at our option repair or replace with parts of like kind and quality, including used or non-oem parts (non-oem parts are those produced by someone other than the original equipment manufacturer). Repair or replace does not require a return to the pre-accident market value of the property or parts thereof. FULL SAFETY GLASS. If the Declarations indicate that Full Safety Glass is provided for an auto, the following provisions are added: We will pay for loss, without a deductible, to your covered auto or non-owned auto which is caused by a comprehensive loss for the cost to repair or replace damaged safety equipment. For this section only, safety equipment means: A. Glass used in the windshield, windows and doors of your covered auto or non-owned auto, and B. Glass, plastic or other material used in the lights of your covered auto or non-owned auto. OPTIONAL COVERAGES. If a separate premium is indicated on the Declarations Page, we will pay: A. TOWING AND ROADSIDE COVERAGE. INSURING AGREEMENT. In the event that your covered auto or non-owned auto becomes disabled, we are providing you access to 24-hour toll-free assistance. Services by PA Page 9 of 17

12 an authorized service provider include the following: 1. Towing up to 25 miles or to the nearest qualified place where necessary repairs can be made during regular business hours; 2. Dead battery jump starts; 3. Tire changes; 4. Emergency fuel or fluid delivery; 5. Lockout services; 6. Concierge Services. This service assists you in making alternate transportation arrangements, airline reservations, hotel reservations, locating an ATM, or other reasonable services. EXCLUSIONS. 1. This service does not include the cost of tires, batteries, non-standard/fob-type keys, keyless remotes or other parts associated with the disablement. 2. Concierge Service does not include the cost of airline tickets, hotel rooms, rental cars, or other expenses that are arranged through the Concierge Service. Authorized service provider means a service provider contracted by us providing towing and roadside services as described above. When service is provided by other than an authorized service provider, we will reimburse you, up to a maximum of $250, for towing and labor costs incurred each time your covered auto is disabled. The labor must be performed at the place of disablement. No deductible applies to this coverage. B. TRANSPORTATION EXPENSE COVERAGE. Up to the amount shown on the Declarations Page for the necessary rental of a substitute vehicle from a rental agency or garage when there is a loss to any vehicle described in the Declarations for which a specific premium charge indicates that Transportation Expense is afforded. This coverage applies only if: 1. the loss is caused by collision or is covered by the comprehensive coverage of this policy; and 2. the loss exceeds the appropriate collision or comprehensive deductible applying to that vehicle. Transportation Expense does not apply to losses caused by collision if Collision Coverage does not apply to the vehicle incurring the loss. Transportation Expense does not apply to losses which would be covered under the Comprehensive Coverage of this policy if Comprehensive Coverage does not apply to the vehicle incurring the loss. ADDITIONAL BENEFITS. A. Personal Effects - We will pay up to one hundred dollars ($100.00) for loss to clothing and personal effects owned by you or any family member while in or upon your covered auto caused by fire or lightning. B. Rental Expense - Theft - We will pay up to twentyfive dollars ($25.00) per day and up to five hundred dollars ($500.00) maximum for transportation expenses if your entire covered auto is stolen. We will pay those expenses that begin forty-eight (48) hours after you report the loss to us and to the police. Payments end when you recover your covered auto or we have paid or offered to pay for the loss. We will pay this benefit only if the Declarations indicate that Comprehensive Coverage is provided for the stolen vehicle at the time the theft loss occurs. EXCLUSIONS. We will not pay for loss: A. To any covered auto or non-owned auto while it is used to transport persons or deliver property for compensation of any kind. This exclusion (A.) does not apply when your covered auto or non-owned auto is used in a share-the-expense car pool or is used in the course of volunteer work for a taxexempt organization as described in ARIZ. REV. STAT. ANN (4). B. To any non-owned auto that is used in the business of selling, repairing, servicing, storing or parking motor vehicles. C. Due and confined to wear and tear, freezing, mechanical or electrical breakdown or failure unless caused by other loss covered by this policy. D. To tires unless damaged by fire, malicious mischief or vandalism, or stolen. This exclusion does not apply if the loss results from other loss covered by this policy. E. To any covered auto or non-owned auto while used in or in preparation for any race, speed, demolition or stunting contest that occurs at or in a racing facility. F. Caused by discharge of a nuclear weapon (even if accidental), war (declared or undeclared), civil war, insurrection, rebellion or revolution or any consequence of any of these. G. From any nuclear reaction, radiation or radioactive contamination, all whether controlled or uncontrolled or however caused, or any consequence of any of these. H. To any camper body or trailer you own not shown on the Declarations Page. This exclusion does not apply to a camper body or trailer of which you acquire ownership during the policy period or within Page 10 of 17 PA

13 thirty (30) days after you become the owner and you ask us to insure it. I. To any vehicle other than your covered auto, which is owned by or furnished or available for the regular use of you or any family member. J. To any vehicle while used as a temporary substitute for a vehicle you own, other than your covered auto, which is out of normal use because of its breakdown, repair, servicing, loss or destruction. K. To your covered auto or any non-owned auto due to destruction or confiscation by governmental or civil authorities because you or any family member: 1. engaged in illegal activities; or 2. failed to comply with Environmental Protection Agency or Department of Transportation standards. This exclusion (K.) does not apply to the interests of loss payees in your covered auto. L. Of more than five (5) tapes, records, discs or other media used with equipment described in Exclusion M. M. To any electronic equipment that receives or transmits audio, visual or data signals and any accessories used with such equipment. This includes, but is not limited to: citizen band radios; telephones; two-way mobile radios; scanning monitor receivers; video entertainment systems; tape decks; compact disc systems; navigation systems; internet access systems; televisions; and personal computers. This exclusion (M.) does not apply to: a. Equipment designed for the reproduction of sound, video, or data signals and any accessories used with such equipment, provided: (1) The equipment is permanently installed in your covered auto or any nonowned auto, or (2) The equipment is: (a) Removable from a housing unit which is permanently installed in the auto; (b) Designed to be solely operated by the use of the power from the auto s electrical system; and (c) In or upon your covered auto or any non-owned auto at the time of the loss. b. Any other electronic equipment that is necessary for the normal operation of the auto or the monitoring of the auto s operating systems. N. While the trailer and/or motorhome is rented or leased to any organization, or any person other than you or a family member. O. To trailers and/or motorhomes due to fraudulent acquisition by any person or organization which occurs while the trailer and/or motorhome is: 1. rented to; 2. used by; or 3. in the care of; that person or organization. P. To any radar or laser detectors. Q. To any covered auto or non-owned auto that is used in your business (other than farming or ranching) unless the covered auto is described on the Declarations Page. R. To any non-owned auto when used by you or any family member without the expressed or implied permission of the owner or other person having lawful possession, or using a vehicle beyond the scope of the permission granted. LIMIT OF LIABILITY. A. The maximum we will pay for loss is the lesser of: 1. The actual market value of the property at the time of loss; 2. The reasonable cost to repair or replace the damaged or stolen property using parts of like kind and quality. The reasonable cost to repair or replace is based on the cost of repair agreed upon by us or a written estimate based upon the prevailing competitive price. The prevailing competitive price means labor rates, parts and material prices charged by a substantial number of repair facilities in the area where the insured vehicle is to be repaired; or 3. The applicable limit of liability stated on the Declarations Page. B. Our payment will be reduced by any applicable deductible amount shown on the Declarations Page. PAYMENT OF LOSS. A. At our option: 1. We may pay for the loss in money or repair or replace the damaged or stolen property. 2. We may, at our cost, return any stolen property to you or to the address shown on the Declarations Page. B. If we return stolen property, we will pay for any damage resulting from the theft. C. We may keep all or part of the property at an agreed or appraised value but the property may not be abandoned to us. OTHER INSURANCE. If other insurance also covers loss to your property, we will pay only our share. Our share is the proportion that our limit of liability bears to the total of all collectible limits. For any covered vehicle not owned by you or a PA Page 11 of 17

14 family member, the insurance provided by this policy is excess over any other collectible insurance. NO BENEFIT TO 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. APPRAISAL. A. If you and we fail to agree as to the amount of loss, either may demand an appraisal of the loss. In such event, you and we shall each select a competent appraiser and the appraisers shall select a competent and disinterested umpire. The appraisers shall separately state the actual market value and the amount of loss, and failing to agree, shall submit their differences to the umpire. An award in writing of any two shall determine the amount of loss and will be binding upon both parties. You and we shall each pay their chosen appraiser and shall bear equally the other expenses of the appraisal and umpire. B. Neither we nor you waive any rights under this policy by agreeing to an appraisal. PART E - YOUR DUTIES AFTER AN ACCIDENT OR LOSS We have no duty to provide coverage under this policy unless there has been full compliance with the following duties: A. You must promptly notify us or our agent of any accident or loss. You must tell us how, when and where the accident or loss happened. You must assist in obtaining the names and address of any injured persons and witnesses. B. Additionally, you and other involved covered persons must: 1. Cooperate with us in the investigation, settlement or defense of any claim or suit. No covered person shall, except at his or her own cost, voluntarily make any payment, assume any obligation or incur any expense. 2. Immediately send us copies of any notices or legal papers filed or received in connection with the accident or loss. 3. Submit at our expense and as often as we reasonably require, to physical examinations by physicians we select. 4. Cooperate fully in authorizing us to obtain medical information and promptly give us all medical reports. 5. Submit a Proof of Loss or Proof of Claim when required by us. 6. As often as we reasonably require, submit to examination under oath, while not in the presence of any other covered person. C. Additionally, to recover for loss to a covered auto or its equipment, you must do the following: 1. Permit us to inspect and appraise the damaged property before its repair or disposal. BANKRUPTCY. 2. Do what is reasonably necessary after covered loss at our expense, to protect your covered auto from further loss. 3. Promptly notify the police if the covered auto or any of its equipment is stolen. D. Additionally, to recover for loss under Uninsured and/or Underinsured Motorist Coverage, you and other involved covered persons must: 1. If a phantom vehicle is involved, someone must report the accident to the appropriate law endorsement agency within seventy-two (72) hours of the accident. 2. Promptly send us copies of the legal papers if a suit is brought. 3. Promptly notify us of a tentative settlement between the covered person and the insurer of the uninsured motor vehicle and/or underinsured motor vehicle. Also, allow us a reasonable time to advance payment to that covered person in an amount equal to the tentative settlement to preserve our rights against the insurer, owner or operator of such uninsured motor vehicle and/or underinsured motor vehicle. 4. Submit a proof of loss or proof of claim which includes a description of the accident, names and addresses of any injured persons and witnesses, a description of the injuries and medical treatment received, a copy of all medical expenses incurred up to that time, and a copy of all medical records from those providers who treated you for the injuries. We shall have no obligation to pay for a loss under Uninsured and/or Underinsured Motorist Coverage until such proof of loss has been received by us. PART F - GENERAL TERMS AND CONDITIONS Bankruptcy or insolvency of the insured will not relieve us of any obligations under this policy. CHANGES. A. This policy contains all the agreements between you and us. Its terms may not be waived or changed except by endorsement issued by us. Page 12 of 17 PA

15 B. If there is a change to the information used to develop the policy premium, we may adjust your premium. Changes during the policy term that may result in a premium increase or decrease include, but are not limited to, changes in: 1. The number, type or use classification of insured vehicles; 2. Operators using insured vehicles; 3. The place of principal garaging of insured vehicles; 4. Coverage, deductible or limits. If a change requires a premium adjustment, we will adjust the premium as of the effective date of the change. C. If we revise this policy form to provide more coverage without additional premium charge, that change will automatically apply to your policy as of the day the revision is effective. CONCEALMENT AND FRAUD. We do not provide coverage for any person who intentionally has concealed or misrepresented any material fact or circumstance, made false statements with intent to deceive, or engaged in fraudulent conduct relating to this insurance. CONFORMITY TO STATUTE. Terms of this policy which are in conflict with the statutes of the State of Arizona are amended to conform to such statutes. COOPERATION AND ASSISTANCE. You agree to provide us, in a timely matter, requested information that: A. establishes your eligibility, and B. allows us to determine accurately applicable premiums, for this insurance. LEGAL ACTION AGAINST US. No legal action may be brought against us until there has been full compliance with all the terms of this policy. In addition, under Liability Coverage, no legal action may be brought against us until we agree in writing that a covered person or organization has an obligation to pay or until the amount of that obligation has been finally determined by judgment after trial. No person or organization has any right under this policy to bring us into any action to determine the liability of the insured. OUR RIGHT TO RECOVER FROM OTHERS. A. If we make any payment, we are entitled to recover what we paid from other parties. Any person to or for whom we make payment must transfer to us his or her right of recovery against any other party. This person must cooperate in securing these rights and must do nothing after loss that would prejudice them. With respect to Part B Medical Payments Coverage, paragraph A. does not apply if the payment under this coverage is $5,000 or less. B. If we make a payment under this policy and the person to or for whom payment is made recovers damages from another, that person shall hold in trust for us the proceeds of the recovery and shall reimburse us to the extent of our payment. With respect to Part B Medical Payments Coverage, paragraph B. if we make a payment under this coverage and the person to or for whom payment is made recovers damages from another, we: 1. Shall be entitled to the proceeds of that recovery; and 2. May have a lien against such recovery; to the extent of our payment that is in excess of $5,000. Notice of such lien shall be given in writing to the following: 1. A court having jurisdiction; 2. The covered person; 3. Each person, corporation or firm which the covered person or the covered person s legal representative alleges are liable for damages arising from the accident; and 4. That person s, corporation s or firm s insurer. C. If all or part of any payment under A. or B. is recovered, we are entitled only to the excess after the person for whom the recovery is made has been fully paid for his or her loss. POLICY PERIOD AND TERRITORY. A. This policy applies only to accidents and losses which occur: 1. During the policy term as shown on the Declarations Page; and 2. Within the policy territory. B. The policy territory is: 1. The United States of America, its territories or possessions; and 2. Canada. This policy also applies to loss to, or accidents involving, your covered auto while being transported between their ports. This policy does not provide coverage within Mexico. TERMINATION. A. Cancellation. This policy may be cancelled during the policy term as follows: 1. The named insured shown in the Declarations Page may cancel by: a. returning this policy to us; or PA Page 13 of 17

16 b. giving us advance written notice of the date cancellation is to take effect. 2. We may cancel by mailing to the named insured shown in the Declarations Page at the address shown in this policy. Notice shall be mailed: a. at least eight (8) days after the premium due date if cancellation is for nonpayment of premium. Cancellation is to be effective as of the date of mailing of the cancellation notice. b. at least ten (10) days notice in all other cases. In this case, notice will be mailed by certified mail or United States post office certificate of mailing. 3. After this policy is in effect for sixty (60) days, or if this is a renewal or continuation policy, we will cancel only: a. for nonpayment of premium; b. if the policy was obtained through fraudulent misrepresentation; c. if you or any other driver who lives with you or customarily uses your covered auto; (1) has had their driver s license suspended or revoked during the policy period; (2) becomes permanently disabled, physically or mentally, and such person does not produce a certificate from a physician or a registered nurse practitioner testifying to such person s ability to operate a motor vehicle; (3) is or has been convicted during the thirty-six (36) months immediately preceding the effective date of the policy or during the policy period of: (a) criminal negligence resulting in death, homicide or assault and arising out of the operation of a motor vehicle; (b) operating a motor vehicle while in an intoxicated condition or while under the influence of drugs; (c) leaving the scene of an accident; (d) making false statements in an application for a driver s license; (e) reckless driving; Unless, (1) you agree in writing to exclude the individual, as insured, when operating a motor vehicle, and (2) agree to exclude coverage to the named insured for any negligence that may be imputed by law to the named insured arising out of the maintenance, operation or use of a motor vehicle by such excluded individual. d. if any covered auto is regularly and frequently used for commercial purposes by: (1) you; (2) any person who lives with you and customarily operates your covered auto; (3) any other person who regularly and frequently uses your covered auto. e. if we are placed in rehabilitation or receivership by the insurance supervisory official in our state of domicile or by a court of competent jurisdiction or by the Director of Insurance has suspended our Certificate of Authority based on our financially hazardous condition. B. Nonrenewal. If we decide not to renew or continue this policy we will mail notice to the named insured shown in the Declarations at the address shown in this policy. Notice will be mailed by certified mail or United States post office certificate of mailing, except if the reason we decide not to renew or continue this policy is that the named insured shown in the Declarations fails to pay the premium for this policy or any installment thereof. Notice will be mailed: 1. Except for nonpayment of premium, at least ten (10) days before the end of the policy period if the reason described in Paragraph 1. or 2. below exists; 2. At least forty-five (45) days before the end of the policy period if the reason described in Paragraph 3. below exists. Notice will be mailed by certified mail or United States post office certificate of mailing except if the reason we decide not to renew or continue this policy is that the named insured shown in the Declarations fails to pay the premium for this policy or any installment thereof. We will only nonrenew or refuse to continue this policy if: 1. One of the reasons as listed in Paragraph 3., Cancellation exists; 2. You and any family members eligibility for coverage with us was based solely on your employment with us and your employment was terminated within the last twelve months; or 3. Subject to the conditions described in a., b. and c. below, you, any other driver who lives with you and who customarily uses your covered auto, or any other driver who regularly and frequently uses your covered auto have had at any time during the thirty-six (36) months immediately before the notice of nonrenewal, three or more accidents in which that person was at least fifty (50) percent responsible, and Page 14 of 17 PA

17 where the property damage paid by us for each accident that occurs: a. On or after January 1, 2011, but prior to January 1, 2012, is more than $2,400; b. On or after January 1, 2012, but prior to January 1, 2013, is more than $2,480; c. On or after January 1, 2013, but prior to January 1, 2014, is more than $2,530; d. On or after January 1, 2014, is more than the applicable threshold amount for property damage published by the Arizona Department of Insurance. However, we will not refuse to renew or continue this policy for the reason described in this paragraph (3.): a. Unless the same person has had all the accidents that make the policy subject to nonrenewal; b. Due to the accident record of the named insured, if that named insured has been insured with us for at least ten (10) years with standard automobile bodily injury liability coverage prior to the most recent accident that makes the policy subject to nonrenewal; or c. If the reason we would refuse to renew or is due to the accident record of an individual other than you, and (1) you agree in writing to exclude the individual, as insured, when operating a motor vehicle, and (2) agree to exclude coverage to the named insured for any negligence that may be imputed by law to the named insured arising out of the maintenance, operation or use of a motor vehicle by such excluded individual. C. Offer to Renew. If we offer to renew or continue and you or your representative do not pay the required premium within seven days after the due date, thereby not accepting our offer, we may terminate this policy on or after the eighth day following the due date. We will mail notice of termination to the named insured at the address shown in the Declarations. The termination is to take effect on the earlier of the following dates: 1. The date the notice is mailed; or 2. The effective date of any other insurance obtained by you on your covered auto. However, if you or your representative notify us in writing that you do not wish to renew or continue this policy or have obtained other insurance on your covered auto, the above provision does not apply and any insurance provided by this policy will terminate in accordance with the Automatic Termination provision below. D. Automatic Termination. 1. If you obtain other insurance on your covered auto, any similar insurance provided by this policy will terminate as to that auto on the effective date of the other insurance. 2. If you notify us in writing that you do not wish to renew or continue this policy, any insurance provided by this policy with terminate automatically at the end of the current policy period. We will mail you a notice of termination if you terminate this policy based on paragraph 1. or 2. above. E. Other Termination Provisions. 1. If this policy is cancelled, you may be entitled to a refund. If so, we will send you the refund. The premium refund, if any, will be computed according to our manuals. 2. The effective date of cancellation stated in the notice will become the end of the policy period. TRANSFER OF YOUR INTEREST IN THIS POLICY. Your rights and duties under this policy may not be assigned without our written consent. However, if a named insured shown on the Declarations Page dies, coverage will be provided until the end of the policy period for: A. The surviving spouse if a resident in the same household at the time of death, or if a named insured shown on the Declarations Page. B. Any person with proper custody of a covered auto until a legal representative is qualified. C. The legal representative of the deceased person as if a named insured shown on the Declarations Page. This applies only with respect to the representative s legal responsibility for the maintenance or use of your covered auto. TWO OR MORE AUTOS INSURED. A. If this policy and any other auto insurance policy issued to you by us apply to the same accident, the maximum limit of our liability shall not exceed the highest applicable limit for any one auto. B. When two (2) or more covered autos are insured by this policy, the policy terms apply separately to each covered auto. However, an auto with a trailer attached is one (1) vehicle as respects limits of liability but separate vehicles as respects physical damage coverages. This includes any deductible provisions. PA Page 15 of 17

18 LOSS PAYABLE CLAUSE. Loss or damage under this policy shall be paid as interest may appear to you and the loss payee shown on the Declarations Page. This insurance covering the interest of the loss payee shall become invalid only because of your fraudulent acts or omissions. However, we reserve the right to cancel the policy as permitted by policy terms and cancellation shall terminate this agreement as to the loss payee s interest. We will give the same advance notice of cancellation to the loss payee as we give to the named insured shown on the Declarations Page. When we pay the loss payee we shall, to the extent of payment, be subrogated to the loss payee s rights of recovery. Page 16 of 17 PA

19 ATTACH ENDORSEMENTS HERE PA Page 17 of 17