Progressive Automobile Insurance Iowa Policy Form 9611D IA 201410 Version 1

7/21/2019 Progressive Automobile Insurance Iowa Policy Form 9611D IA 201410 Version 1

http://slidepdf.com/reader/full/progressive-automobile-insurance-iowa-policy-form-9611d-ia-201410-version-1 1/18

9611B IA

1014

“II

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IOWA

AUTO

POLICY

Form 96110 IA 10/14)

version 10

P fl fl fi fl fl l l l / F

DIRECT



m

INSURINGAGREEMENT

.................................................................................1

GENERAL DEFINITIONS .................................................................................1

PART l

LIABILITYTO

OTHERS

Insuring Agreement......

Additional

Definition

Additional Payments.....

Exclusions ..........

Limits of Liability.

Financial Responsibility L a w s

Other

Insurance ...............

Out of

State Coverage.

Right of DirectAction........

PART

II

MED ICA L PAYMENTS

COVERAGE

Insuring Agreement ......

Additional Definitions...

Exclusions ..............

Limits of Liability.....

Unreasonable or Unnecessary Medical

Expenses

..

Other Insurance

PART

III UNINSUREDIUNDERINSURED

MOTORIST

COVERAGE

InsuringAgreement Uninsured Motorist Coverage...................................9

InsuringAgreement Underinsured MotoristCoverage.

Additional

Definitions...

Exclusions

........

..

Limits

of Liability.....

Other Insurance ........................................................................................13

PART

lV DAMAGETOA

VEHICLE

Insuring

Agreement

Collision

Coverage

......

Insuring

Agreement Comprehensive Coverage

InsuringAgreement

Additional

Custom Parts

or

Equipment

Coverage .............................................................................14

InsuringAgreement Rental Reimbursement Coverage...

InsuringAgreement Loan/Lease

Payoff Coverage

InsuringAgreement

Pet Injury Coverage.

Additional Definitions...

Exclusions

........

..

Limits of Liability.

Payment of Loss.....

NoBenefit toBailee ..................................................................................19



Loss

PayableClause

.............

Other

Sources

of Recovery

Appraisal ...............................

PART

V

ROADSIDE

ASSISTANCE

COVERAGE

Insuring Agreement.....

Additional

Definitions

Exclusions

...................

Unauthorized

Service

Provider.

Other

Insurance

...........................

.21

PART

Vl

DUTIES

INCASE OFANACCIDENT OR

LOSS

.........................

..22

PARTVII

GENERAL

PROVISIONS

Policy Period and Territory

....22

Changes.....

.23

.24

.24

.24

.24

Duty to Report anges

Settlementof

Claims.......

..

Terms of Policy Conformed to

S t a t u t e s

Transfer of Interest ...................

Fraud

or Misrepresentation

Payment of

Premium

and Fees

Cancellation ..

Cancellation Re un

Nonrenewal

...........,.

Automatic Termination.

Legal Action Against

Us.....

Our Rightsto Recover

Paymen

Joint and Individual Interests.

Bankruptcy

...............................

IOWA

AUTO POLICY

INSURING

AGREEMENT

In

return

for

your

payment of

the

premium, we

agree

to

insure you subject

to all the

terms, conditions

and limitations of

this policy.

We will insure you

for the coverages

andthe limits

of

liability

shown on this

policys

declarations page.Your policy

consists

of

the policy

contract, your

insurance

application,

the declarations page, and

all en

dorsementsto this policy.

GENERAL

DEFINI110NS

Thefollowing definitions

apply

throughout the

policy.

Defined

terms

are printed in

bold

face type

and havethe same meaning whether

in

the

singular, plural,orany

other

form.

1. “Additional

auto” means

an auto

you become

the

owner

of

during

the

policy

pe

riod

that

does not

permanently

replacean

auto

shown onthe declarations

page

if:

a. we insure

all

other

autos you

own;

b. the additional

auto

is

not

covered byany

other

insurancepolicy;

c.

you

notify us

within

30 days of becoming the

owner

of theadditional

auto;

and

d. you pay anyadditionalpremium

due.

Anadditional

autowill

have the broadestcoverage we

provideforanyauto

shown

onthe declarations page. If

you

ask us to insure anadditional

auto

more than

30

days

after

you

become the owner, any coverage we

provide

will

begin at the

time you

request coverage.

2. “Auto” meansa landmotorvehicle:

of

the

privatepassenger,

pickup

body,

or

cargo van type;

designed

for operation

principally

uponpublic roads;

with at

least

four wheels; and

with a gross

vehicle

weight rating of 12,000 pounds or less, according to

the

manufacturer’s

specifications.

However,

auto

does not include step-vans,parceldelivery vans,orcargocutaway

vans

orother

vans withcabs

separate

from

the

cargoarea.

3.

“Autobusiness”

means

the business

of

selling,leasing,

repairing,parking,

storing,

sen/icing, deliveringor testing vehicles.

4.

‘Bodily injury’ means

bodily

harm,

sickness, or

disease, including death that re

sults

from

bodily

harm,

sickness, or disease.

5. “Covered

auto

means:

a.

anyauto

or

traller

shown

on

the

declarations

page for the coverages appli

cable to

that auto

ortrailer;

b. anyadditionalauto;

c. any replacementauto; or

d. a t railer

owned

byyou.

6. ‘ rations page” means the document showing your coverages, limits of li

ability, covered

autos, premium,

andother

policy related information.

Thedeclara

tions

pagemay

also

be referred to as theAuto InsuranceCoverage

Summary.

1



“Occupying”

means

in,

on, enteringor exiting.

“Property damage

means physical

damage

to, destruction of, or loss of use of,

tangible property.

9.

“Rated

resident”

means

a

person residing

in the

same

household as

you

at

the

time

of

the losswho

is not a relative,

butonly

if

that person

is

both:

a. listed in the

“Drivers

and household residents” section on the declarations

page;

and

b. not designatedas eitheran “Excluded” or a “List Only’driver.

10. Relative

means

a

person residing

inthe

same

householdasyou, and relatedto

you byblood, marriage or adoption,

and includes

a ward, stepchild,or foster

child.

Your unmarrieddependent children temporarily away from

home

will qualify asa

relativeif

they

intendto continue to reside inyour household.

11. “Replacement

auto”

means an

auto that permanently

replaces an

auto shown

on the declarations

page.

A

replacement

auto

will

have the samecoverage as

the

auto

it replaces if

the

replacement

auto

is

not

covered

byany

other insurance

policy.

However, if

the

auto

being replacedhadcoverage under Part

lV Damage

ToAVehicle,

such

coveragewill

apply

to

the

replacementautoonlyduring

the

first

30

days

afteryou

become

theowner unlessyou notify

us

withinthat

30

day

period

that you want us to extend coverage

beyond

the initial30

days.

if the auto

being

replaceddid

not

have

coverage

under Part

|V

-DamageToAVehicle,

such

cover

agemaybeadded,butthe replacementautowillhavenocoverage

under

Part IV

untilyou notify us of the replacementautoandask ustoaddthe

coverage.

12.

‘Trailer‘meansa non-motorized

trailer,

includinga farm

wagon

or farm implement,

designed to be

towed

on

public roads

byan

autoand not

being used:

a. for commercial purposes;

b. as an

office, store,

or for display purposes;or

c. as a

passenger

conveyance.

13.

“We,” “us”and “our” mean the underwriting company providing the insurance, as

shownonthe declarationspage.

14.

“You”

and

‘your

mean:

a. a

person

shown

asa

named insured

on

the

declarations

page;

and

b. the spouse ofa namedinsuredif residing inthesame householdatthetimeof

the loss.

PART

l LIABILITYT0 OTHERS

INSURING

AGREEMENT

If

you pay the premiumfor this

coverage, we will

pay damages for

bodily

injury and

property damage

forwhich an insured

person

becomes

legally

responsiblebecause

ofan accident.

Damages

include

prejudgment

interestawarded

against an

insured person.

We

will

settle ordefend, at our option,anyclaim fordamages coveredby

this

Part I.

ADDI'I10NAL

DEFINITION

Whenused in this Part I:

“Insured person

means:

a. you, a relative, ora rated

resident

with respect toan accidentarisingout of the

ownership, maintenanceor useof anauto or a

trailer;

b.

any personwith respect

toanaccident

arisingout

of that

person’s use

ofa covered

auto with

the

permissionofyou, a relative, ora rated resident;

c. any person or organization

with

respect only to vicarious

liability

for the

acts

or

omissions of a

person

described ina.or b.

above;

and

d. any ‘Additional

Interest shown

on

the

declarations page with respect only to

its

liability

for theacts

or

omissions

of a

person described

ina.orb.

above.

ADDITIONAL

PAYMENTS

in

addition

to

ou r

limitof liability,we willpayforan

insured

person:

1. all expenseswe incur in

the

settlement of any claimor defense of any lawsuit;

2.

interest

accruing

after entry

of judgment,

until

we

have paid, offered

to

pay,

or

de

posited in

court, that

portion of

the

judgment

which does

not

exceed

our limit of

liability

Thisdoes

notapply

ifwe

have

not beengiven notice

of

suit

or

theopportu

nity to

defend

aninsured

person;

3. the premiumon

any appeal

bond or attachment bond

required

in

any

lawsuit we

defend.We haveno

duty

to purchase a bondin an amount exceedingour

limit

of

liability,andwe have no

duty

toapplyforor furnish these

bonds;

4. up to

250

fora

bail bond

required

because

of an

accident

resulting in

bodily

in

jury or propertydamage

covered

under this Part i.We have no

duty

to apply for

orfurnish this

bond;

and

5. reasonable

expenses, including

loss of

earnings

up to

200 perday,

incurred at

our request.

EXCLUSIONS

READTHE

FOLLOWINGEXCLUSIONS

CAREFULLY. IFAN

EX

CLUSIONAPPLIES,

COVERAGE

WILL

NOT

BE

AFFORDED

UNDERTHIS

PART

I.

Coverage

under this Part

I, includingour duty to defend, will notapply to any

insured

person for:

1.

bodily

injury or

propertydamage arising out

of the ownership, maintenance or

use

of

any

vehicle or

trailer

while

being

used:

a. tocarrypersonsorproperty forcompensationor a fee;or

b. for

retail

or

wholesale

delivery, including,

but

not

limitedto, the pickup, transport

ordelivery of magazines, newspapers,mail or food.

Thisexclusiondoesnotapply to shared-expense

car

pools;

2.

any

liability

assumed under any

contract or agreement by

you,

a

relative,

or a

rated

resident;

3.

bodily

injury to an employee of that insured person arising out of or within the

course of employment.This exclusion does

not

apply to domestic employees if

benefits

are neither

paidnor required

tobe

provided

underworkers’ compensation,

disability

benefits,

or

similar

laws;



10.

11.

12.

13.

14.

15.

16.

11

bodily injuryor

property

damagearisingoutofan

accident

involvinganyvehicle

while

being

maintained or

used

by a

person

while

employed

or

engaged

in

any

auto

business.This exclusion

does

notapply toyou, a relative,a

rated

resident,

or an agent or employee of you, a relative, or a rated resident, when using a

coveredauto;

bodily injury or

property damage

resulting

from,

or sustained

duringpractice

or

preparation for:

a. anypre arrangedor organized racing,stunting, speedor demolition

contest

or

activity; or

b.

any

drivingactivityconducted ona permanentor temporary

racetrack

or

race

course;

bodily injuryor propertydamage due to a nuclear reactionor radiation;

bodily injury orpropertydamage

for which

insurance:

a. is

affordedunder

a

nuclear

energy

liability

insurance

contract;

or

b. ’ would beaffordedundera

nuclearenergy

liability insurancecontract

but

for its

termination upon

exhaustion

of its limitof liability;

any

obligation

forwhich

the United

StatesGovernment

is liableunder the Federal

Tort

ClaimsAct;

bodily injury

or property damage caused by an intentional actof that insured

person,

oratthedirectionof

that

Insured

person,even

if

theactual

injuryor

dam

age

isdifferent thanthat

which

was intendedor

expected;

propertydamage toany propertyownedby, rentedto, being transported

by,

used

by,

or in the

charge

of that insured

person.

This exclusion does

not

apply to a

rentedresidenceor a rented

garage;

bodilyinjury to you or a relative;

bodily injury or property damage

arising

out of

the

ownership, maintenanceor

use of any

vehicle owned

by

you

or furnished or

available

for

your

regular

use,

other

thana covered

auto

for

which

this coverage has

been

purchased;

bodily

injury

or property damage arising out of

the

ownership, maintenance or

use

ofany

vehicleowned

bya

relative

ora

ratedresident

or furnishedor

available

for the regular use ofa

relative

ora rated resident, other thana covered

auto

for

which this coverage

has been

purchased.

This exclusion does

not

apply

to

your

maintenanceor useof

such

vehicle;

bodily injury or property damage arising out of your, a relative’s, or a rated

resident’s useof a vehicle, other

than

a coveredauto, without the permissionof

the

owner of the vehicle or

the

person in lawfulpossession of

the

vehicle;

bodilyinjuryorproperty damage

arising

out ofthe

use

ofa coveredautowhile

leased or rentedto othersor given inexchange for any compensation.

This exclu«

sion

does

not apply to

the

operation of a

covered auto

by

you,

a relative,or a

rated resident;

punitiveor exemplary damages;or

bodily injury or property damage

caused

by, or reasonabty expected to result

from,

a

criminal

act or omission of that

insured person.

This exclusion

applies

regardless of

whether

that

insured

person is

actualty charged with,

or

convicted

of,

a

crime.For

purposesof this exclusion,

criminal

actsoromissionsdonot include

traffic

violations.

UMITSOF LIABILITY

The limit

of liability shownonthedeclarations

page for liabilitycoverage

is

the most

we

will

pay

regardlessof

the

numberof:

claims made;

covered

autos;

insured persons;

lawsuits brought;

vehicles involved intheaccident;or

premiumspaid.

If

your

declarations pageshowsa

split

limit:

1. the amountshown for“each persor l’is the

most

we willpay for

all

damages

due

to

bodily injury

to

oneperson

resulting

fromany one accident;

2.

subject

to the “each

persorf’

limit,

the

amount shown

for “each accident isthe

most

we

will

payforalldamagesduetobodilyinjury sustainedby

two

ormorepersons

in

anyone

accident;and

3.

theamount

shown for “property damage” is the mostwe will

pay

for the

total

of

all

property damage resultingfromany one

accident.

The“eachpersorf‘ limitof liabilityapplies to the

total

of

all

claims made forbodily injury

toa person

and

all

claims

of

others derived

from

such

bodily injury, including, but not

limited

to. loss

of

society, loss

of companionship, loss of

services, loss

of

consortium,

andwrongful death.

If the declarations

page

shows that “combined single limit or “CSL” applies,

the

amount

shown is the most we

will

pay for the total of all damages resulting from any

oneaccident.However,without changing

this

limitof liability,wewill comply

with any law

that

requiresus to provideany separate limits.

Noone is

entitled

to duplicate

payments

for

the

same

elements

of

damages.

Any

payment

toa

person

underthis

Part

Iwill bereducedby

anypayment

to

that person

underPart

lll

Uninsured/Underinsured MotoristCoverage.

Wewill not

pay

underthis

Part

i

any expenses

paid or payableunder

Part

ll

Medical

PaymentsCoverage.

Ifmultiple

auto

policies

issued

byus

are

ineffect for

you,

we will pay nomore

thanthe

highest limit of liability for

this

coverage availableunderanyonepolicy.

An auto

and attached

trailer

are

considered

one

auto.Therefore,

the limits

of

liability

will

notbe increasedfor anaccident involvingan

auto that

hasanattached trailer.

FINANCIAL

RESPONSIBILITY

LAWS

Whenwe

certify this

policyasproof of

financial

responsibility,this policywill comply

with

the law

to the extent required.

The

insured person must reimburse us if we

make

a

5



payment

thatwe

would

not havemade ifthis policywas

not

certifiedas

proof

offinancial

responsibility.

OTHER

INSURANCE

if

there

is any other applicable liability

insurance

or bond,wewill payonly our

share

of

the

damages.Our share is

the

proportionthat our limitof

liability

bears

to

the

total ofall

applicable

limits.However,

any insurancewe provide fora vehicle or

trailer, other than

a

coveredauto,will

beexcessoverany

other

collectible insurance,self-insurance,or

bond.

OUT-OF-STATECOVERAGE

If an accidentto

which thisPart

I applies

occurs

in

any

state, territory or possessionof

the United

States

ofAmerica or

anyprovince

or territoryofCanada,

other than the

one

in

which

a

coveredauto

is principally

garaged,andthe state, province,

territoryor

pos

session has:

1. a financial responsibility or similar

law

requiring limits of liability for bodily injury

or propertydamagehigher

than

the

limitsshown

on

the

declarations page, this

policywill

provide

the higherlimits;

or

2. a

compulsory insurance

or similar law

requiring

a non-resident to maintain insur

ance whenever the non-resident uses an

auto

in that state,

province,

territory or

possession,this

policy

will provide

the

greater of:

a.

the requiredminimumamounts and

types ofcoverage;or

b.

the

limitsof liability under

this

policy.

RIGHT

OFDIRECT

ACTION

If

execution

of a judgment againstan insured person is returned unsatisfied, any per

son entitled to payment of damages covered by

this

Part I may, within the time limit

specified by

Iowa

Code

Section 516.3, as amended,

maintain

an

action against

us

for

the

amount

of

the

judgment that does

not

exceed

our

limitsof liability underthis

Part

I.

PART II-MEDICAL

PAYMENTS

COVERAGE

INSURINGAGREEMENT

ifyou

pay thepremiumfor

this

coverage,

wewill

pay

the reasonable

expenses

incurred

for

necessarymedical services

received

within three years

from the date

of a motor

vehicle accident

because

of bodily injury:

1. sustained byaninsuredperson;and

2. caused by

thatmotor

vehicle accident.

We,

or

someone

on

our behalf,will

determine:

1.

whether the

expensesfor

medicalservices

are reasonable;

and

2. whether the

medical

services

are

necessary.

6

ADDITIONAL DEFINI110NS

When

used

in

this Part II:

1. “ Insured

person

means:

a. you, a relative,ora

rated

resident:

i) while

occupyingan auto;or

ii) whenstmck

bya motor

vehicle

ora trailer

while not

occupyinga self

propelled

motorized vehicle; and

b. any

other

person

while

occupying a covered auto with

the

permission of

you, a relative,or a rated resident.

2.

“Medical services”

means

medical,

surgical, dental, x-ray, ambulance, hospital,

professional nursing,

and

funeral services,

and

includes the cost of eyeglasses,

hearingaids,pharmaceuticals,orthopedics,and prosthetic

devices.

3. “Motor vehicle

means

a landmotor vehicledesigned

for use

principally on

public

roads.

EXCLUSIQN§

READTHEFOLLOWINGEXCLUSIONSCAREFULLY. IFAN EX

CLUSIONAPPIJES,COVERAGE

WILLNOT

BEAFFORDEDUNDERTHIS

PARTII.

Coverageunder

this

Part IIwill not

apply

to

bodilyinjury:

1. sustained by

any person

while

occupying

a covered

auto

while it is

being

used:

a. to carry personsorpropertyfor compensationor a

fee;

or

b. for retail orwholesale

delivery,

including, butnot

limited

to,

the

pickup,

transport

or

delivery

of

magazines,

newspapers,mailor food.

This exclusion does notapply

to shared-expense

carpools;

2.

arising out

of an accident

involving

a vehicle

while being

maintained or

used

by a

personwhile

employed

or

engaged

inany

auto

business.This exclusiondoes

not

applyto you, a relative,a rated resident,oranagent oremployeeof you, a

rela

tive, ora rated resident,when usinga coveredauto;

3. toanyperson resulting from, or

sustained

during practice or preparation for:

a.

any

prearranged cr organized racing,stunting,

speed

ordemolitioncontest or

activity; or

b. anydriving

activity

conductedon a

permanent

or temporary racetrackor race

course;

4. due to a

nuclear reaction

or radiation;

5.

forwhich

insurance:

a. is

afforded

undera

nuclear

energy liability insurance

contract;

or

b. would beaffordedundera

nuclearenergy

liability insurance contract

but

for its

termination

upon

exhaustion of its

limit

of

liability;

6.

forwhich theUnited

StatesGovernment is

liable

underthe

FederalTort Claims

Act;

I sustained by any person

while occupying

any

vehicle

or trailer

while located

for

use asa residenceorpremises;

if

workers’

compensation

benefits

are available

for

the

bodily injury;

sustainedby anypersonwhile

occupying

orwhen struckbyanyvehicle ownedby

you or furnished or available for your regular use, other than a covered

auto

for

which this coverage hasbeenpurchased;

7



10.

sustained by any

person

while

occupying

orwhen struck by any vehicle owned

by a relativeor a

rated resident

or furnishedor

available

for

the

regular

use

of a

relative or a

rated

resident,

other

than a covered auto forwhich this

coverage

hasbeenpurchasedThisexclusiondoes

not

apply toyou;

11.

to

you,

a relative, ora

rated

resident,

while

occupying

any

vehicle,

otherthan

a

covered

auto,

without the

permission of

the

owner of

thevehicle

or

the

person in

lawful possessionof thevehicle;

12.

to

any personwhile

occupying a covered auto

while leased

or

rented

to

others

or

given

in

exchange for any

compensation.This exclusiondoes

not

apply to the

operationofa

coveredauto

byyou, a relative,ora

rated

resident;

13.

caused

directly

or indirectly by:

a. war

declared

or undeclared)orcivil

war;

b.

warlikeaction

byany

military

force of anygovernment, sovereignor

other au

thority using

military

personnel or

agents.

This includes

any

action taken

to

hinderordefendagainst anactual or expected

attack;

or

c. insurrection, rebellion, revolution,

usurped

power,or

anyactiontaken

byagov

ernmentalauthority to

hinder

ordefend againstanyof

these

acts;

14.

causeddireme

or indirectly by:

a.

any accidental

or

intentional

discharge,

dispersal

or

release

of radioactive,

nuclear, pathogenicor

poisonous

biologicalmaterial;or

b. any intentional discharge,dispersalor releaseof

chemical

or

hazardousmate

rial for any purposeotherthan

its

safe and usefulpurpose;or

15.

caused

by,

or reasonably expected to result from,a criminal

act

or omission of an

insured

person.Thisexclusion

applies

regardlessof

whether theinsured

person

is actually chargedwith, or

convicted

of, a crime. For purposes of

this

exclusion,

criminal actsor omissions donot include

traffic

violations.

LIMITSOFLIABILITY

The

limit

of

liability

shownonthedeclarations

page

for

Medical

PaymentsCoverage

is

the

mostwe

will pay

for

each insured

person

injured

in

any one

accident, regardless

of the number

of:

claimsmade;

coveredautos;

insured

persons;

lawsuitsbrought;

vehicles involved in theaccident; or

premiumspaid.

Noonewill be entitled to duplicatepayments under

this

policy for

the same elements

of damages.

Any

amount

payable to an

insured

person

under this

Part IIwill be

reduced

byany

amount paid

orpayable

for

the

same expenseunder Part

l

LiabilityTo

Others

or

Part

lll Uninsured/UnderinsuredMotoristCoverage.

8

Ifmultipleauto policies

issued

byus

are

ineffect for you, we

will

pay nomore

than the

highest

limit

of liability

for this

coverage

available under any

one

policy.

UNREASONABLEORUNNECESSARYMEDICAL

EXPENSES

Ifan

insured

person

incurs

expensesfor

medicalservices that

we

deem

tobe

unrea

sonable

or unnecessary,wemayrefuseto pay for

those

expenses

and

contest

them.

If the medical service provider

sues

the insured

person

because we

refuse

to pay

expensesfor

medical

services

thatwe deem to beunreasonableor

unnecessary,

we

will

pay any resulting defense

costs,

and any

resultingjudgment against

the insured

person,

subject

to

the

limit of liability for

this coverage.

We

will choose the counsel.

We

will

also pay

reasonable

expenses, including loss

of

earnings

upto

200 per

day,

incurredat our

request.

The insured

personmay

not

sue us for expenses for

medical

services we

deem

to

beunreasonableor unnecessary unless the insuredperson paid theentire disputed

amount to the medical service provider or the medical service provider has initiated

collection activity against

the insured

person for

the unreasonable or

unnecessary

expenses.

OTHER INSURANCE

Ifthere isotherapplicableautomedical

payments insurance,

we

will pay

onlyour share

of

the

loss.

Our share

is

the

proportion

that

our

limit

of

liability bears

to

the

total of all

applicable limits.

However,

any insurancewe providefor an

insured

person occupy

inga

vehicle

or trailer,

other than

a

coveredauto,will

be excess over

anyother auto

insurance

providing payments for

medical

services.

PART

III UNINSUREDIUNDERINSURED

MOT

OFIISTCOVERA§_E

INSURINGAGREEMENT

UNINSUREDMOTORISTCOVERAGE

If

you pay

the

premium for

this coverage, we

will

pay for damages

that an insured

person is legallyentitled to recover from the

owner

oroperator ofan uninsuredmotor

vehicle becauseof bodily injury:

1. sustained byan insured

person;

2.

caused

by an accident;

and

3.

arising out

of theownership,maintenanceor

use

ofanuninsuredmotor vehicle.

INSURINGAGREEMENT

UNDERINSURED MOTOHIST

COVERAGE

Ifyou pay

the

premium for

this

coverage,wewill payfor damages thatan

insured

per

son

is

legallyentitled

to

recover from the owner

or

operator

ofanunderinsured

motor

vehicle becauseof bodily injury:

1. sustained byan insured

person;

2.

caused

by an accident;

and



3.

arising

out of the

ownership,

maintenance, or use ofan underinsured

motor

ve

hicle,

Any

judgment

orsettlement

for

damages against anowneroroperatorof anuninsured

motor

vehicle

oran underinsured

motor

vehicle that arises

out

of a lawsuit brought

without our written

consent

isnot bindingon us.

ADDITIONAL DEFINITIONS

When

used

in

this Part III:

1. “Insured

person means:

a. you,a relat ive,ora

rated

resident;

b. any personwhile operatingacovered

auto

with

the

permissionofyou, a rela

tive,

ora

rated

resident;

c.

any

person occupying,

but

notoperating, acovered auto;and

d. any personwho isentitledto recoverdamages

covered

bythis Part I because

of

bodily injury

sustainedbya

person

described ina., b.or c.above.

2. “Underinsured motor vehicle”

means

a land motor vehicle or

trailer

of

any type

to

which

a bodily injury liability

bond

or policy applies at

the time

of the accident,

but

the

sum of

the limits

of

liability

for

bodily injury

under

all applicable policiesor

bonds:

a. is

lessthan the

coverage limit for UnderinsuredMotoristCoverage shown on

the declarations

page;

or

b.

has been reduced

by payments for

bodily injury

to persons

injured

in

the

accident,

other than

an insured person, to less than the coverage limit for

Underinsured

Motorist

Coverage

shown

on

the

declarations page.

An“underinsuredmotor

vehicle” does

not

include

any

vehicle

or equipment:

a. owned byyou, a relative,or a rated residentor

furnished

or

available for the

regular use of

you,

a relative,or a rated resident;

b.

owned

by

any

governmental unit or agency;

0. operated on

rails

or crawler

treads;

d. designed

mainly for use olf

public

roads, while

not onpublic roads;

e.

while located

for use asa residence or premises;

t . that isacovered

auto;

or

9. that isanuninsured

motor

vehicle.

3. “Uninsuredmotorvehicle” means a landmotor vehicle or

trailer

of any type:

a. to

which

no bodily injury liability

bond

or

policy applies

at the

time

of the

ac

cident;

b. to

which

a bodily injury liability bond or policy applies at

the time

of

the acci

dent, but the bondingor insuring

company:

(i) denies coverage;or

(ii) isorbecomes insolvent;

c. to which a bodily

injury

liability bond or

policy

applies at

the time

of

the ac

cident, but its limit

of liability

for bodily

injury is less than the

minimum limit

of

liability

for

bodily injury

specifiedby the

financial

responsibility law of

the state

in

which

the covered

auto

is principallygaraged;or

10

d. that isa hit-and-run vehicle

whose owner

or

operator cannot

be

identifiedand

which

strikes:

(i) you,a relative,ora

rated

resident;

(ii) a

vehicle that

you, a relative,or a ratedresident are occupying;or

(iii) a covered

auto;

provided

that the

insured

person,

or someone on

his

or

her behalf,

reports

the accident

to

the

police or civil authoritywithin 24 hours or assoonasprac

ticable

atter

theaccident.

An“uninsured

motor

vehicle”

does

not

includeany

vehicle or equipment:

a. owned or operated by a self-insurer under any applicable

motor

vehicle law,

except

a self-insurer

that

isor

becomes insolvent;

b

owned

by

any

governmental

unit

or agency;

c operatedon

rails

or

crawler treads;

d. designed

mainly

for useoftpublic roads,

while

notonpublic roads;

e

while located

for

use

asa residence or

premises;

or

t. that is anunder-insured

motor

vehicle.

EXCL

N

EADTHE

FOLLOWINGEXCLUSIONSCAREFULLY.IFAN

EX

CLUSIONAPPLIES,COVERAGE

WILL

NOT BE

AFFORDED

UNDER

THIS

PART III.

Coverage

under

this

Part

III

will

not apply:

1. tobodily injury sustained byany personwhile usingor occupying:

a. acovered

auto

while

being

used:

(i)

to

carry persons

or

propertyfor

compensationor a fee; or

(ii) for retail or wholesale delivery, including,

but

not limited to, the

pickup,

transport or delivery of magazines, newspapers, mail or food.

This exclusion does

not

apply

to shared-expense

car

pools;or

b. a motor vehicle that isowned byor available forthe regularuseofyou, a rela

tive, or a rated resident.This exclusion does

not

apply toacovered

auto

that

is insured underthis Part

Ill;

2. to bodily

injury

sustained by

you,

a relative, or a ratedresident while using any

vehicle,

other than a covered auto, without the permission of the

owner

of the

vehicle or the

person

in

lawful

possessionof the vehicle;

3. directly or indirectly to benefitany insurer or self-insurer

under

any of

the

following

or similar laws:

a.

workers’

compensation

law;

or

b. disabilitybenefits law;

4. to

any

punitive

or exemplary

damages;

or

5. to

bodily injury sustained

byany person if

that

personor

the

legal representative

of

that

person

settles without

ou r

written

consent.

LIMITS

OF IJABILTI'Y

The

limit

of liability shown on the declarations page

for

Uninsured/Underinsured

MotoristCoverage is the

most

we will

pay

regardlessof the numberof:

1. claims made;

2. coveredautos;

11



insured persons;

lawsuits

brought;

vehicles involved

in

the

accident; or

premiums

paid.

If

your

declarations

page

showsa

split limit:

1.

the

amount

shown for “each

persori’ is themostwe

will

pay

for

all

damages due

to

bodily injuryto one person;and

2. subject tothe

“eachperson

limit, the

amount

shown

for“each

accident”is the

most

we

will payforall damages due

tobodilyinjury sustained by two ormore

persons

inanyone accident.

The“each

persort’

limit

of liability

includesthe

total ofall

claimsmade

forbodily

injury

toan insured

person

and allclaims of othersderived

from

such

bodily injury,

includ

ing,

but

not

limited to, loss of

society,

loss

of companionship, loss of services, lossof

consortium, and

wrongful

death.

If the declarations

page

shows that “combined single limit” or

“CSL”

applies, the

amount

shown

is

the

most

we

will

pay for the total oi alldamages resulting from any

one

accident.However, without

changing

this

total

limit of liability, we

will

comply

with

any

law

that requiresus to provide

any

separate limits.

The

limitsof liability for

UninsuredMotorist

Coverage

under this

Part IIIwill be

reduced

byall sums:

1.

paid

becauseof bodilyinjurybyor onbehalfofanypersonsororganizationsthat

may be legally responsible;

2.

paid underPart

l

LiabilityToOthers;

3. paidor payablebecause ofbodily injuryunderany disability benefitscoverageor

policy;and

4.

paid

orpayablebecauseof bodilyinjury under

any

of the followingor similar laws:

a. workers’compensation

law;

or

b. disability

benefits law.

Any amount payable for

damages

under UnderinsuredMotorist Coverageshall be re

duced byall

sums:

1.

paidbecause

of bodily

injury

byor on

behalf

of

anypersons

or organizations

that

may be legally responsible;

2.

paid

under

Part

l LiabilityToOthers;

3.

paid

or payable

because

of

bodily

injury

under

any

disability

benefitscoverage

or

policy;and

4.

paid

or payablebecauseof bodily injury under

any

of the followingorsimilar laws:

a. workers‘ compensation law;or

b. disability

benefits law.

However, it an insured person

enters into

a settlement

agreement

for an

amount

less

thanthe sumofthe limitsof liabilityunderallapplicablebodily injury liabilitybondsand

policies,

our limit

of

liability for

Underinsured

MotoristCoverage

shall

notexceed the

12

dilference

between

the damagessustainedby

the insured

person

andthe

sumof the

applicable

bodily injury liability

limits.

We

will

not

pay

under

this

Part

III

any expensespaid

or

payableunder

Part

ll

Medical

Payments

Coverage.

Noonewill beentitled toduplicatepaymentsfor the same elementsofdamages.

if multiple

auto

policies

issued

byus

are

in

effect for

you, wewill pay nomore

than the

highest limitof liabilityfor

this

coverage availableunderanyone policy.

OTHER INSURANCE

Ifthere isother applicable

uninsured

or underinsuredmotorist

coverage, the amount

of

damages which

an insured

person

is entitledto

recover

shall

not

exceedthe highest

limitforuninsuredmotoristcoverage or underinsured

motorist

coverage

provided

under

any one

of

the

applicable policies.We

will pay

only

our share

of

the damages.Our

share

is

the

proportion that our limitof liabilitybears to

the

total ofall

available

coverage

limits.

However,

any

insurancewe

provide

with respectto avehicle that is

not

acovered

autowill beexcessoveranyother uninsuredor underinsured

motorist

coverage.

PARTlV

DAM E

AVEHI

LE

INSURINGAGREEMENT

COLLISIONCOVERAGE

Ifyou

pay

the premiumfor this coverage,wewill

pay

forsudden, directand accidental

lossto a:

1.

covered

auto, includingan

attached

trailer;or

2. non-owned

auto;

andits

custom

parts

orequipment,

resultingfrom collision.

Inaddition,we

will pay

the reasonablecost to

replaceany

child safety

seat

damaged in

anaccident towhich this

coverage

applies.

INSURING

AGREEMENT COMPREHENSIVECOVERAGE

Ityoupaythe premium for

this

coverage,wewill pay forsudden, directand accidental

lossto a:

1. covered

auto,

includingan attached trailer;or

2. non-ownedauto;

and its

custom

parts

orequipment, that isnotcaused by

collision.

A loss

not

caused bycollision includes:

1. contactwith ananimal includinga

bird);

2. explosion or earthquake;

3. fire;

13



maliciousmischief

or vandalism;

missilesor

falling

objects;

riot

orcivil commotion;

theft or larceny;

Windstorm hail water or

flood;

or

breakageofglass not

caused

bycollision.

Inaddition we will

pay

for:

1.

reasonable

transportation expenses

incuned

byyou ifa

covered

auto isstolen;

and

2. lossof usedamagesthatyou

are

legally liableto pay ifa non-ownedauto isstolen.

A

combined maximum

of 900 not exceeding 30 per day will

apply

to

these addi

tional benefits.

The additional

benefit for transportation expenseswill not

apply

if you

purchased Rental ReimbursementCoverage for thestolencoveredauto.

Coverage

for transportation expenses

and

loss of usedamages begins 48

hours

after

you report the theft to us andendstheearliest of:

1. when the auto hasbeenrecoveredand returnedto you or its

owner;

2. when theauto hasbeen recoveredand

repaired;

3. when theauto hasbeen replaced;or

4. 72 hours

after

wemakean

offer

to settlethe loss iftheauto isdeemedbyusto be

a total loss.

Wemust

receivewritten

proof of transportation expenses

and loss

of usedamages.

INSURINGAGREEMENT

ADDITIONAL CUSTOMPARTS

OR EQUIPMENTCOVERAGE

We

will

pay for

sudden

direct andaccidental loss to custom partsor equipment ona

covered

auto for

which this coverage hasbeen purchased.This coverage

applies

only

ifyou

have

purchased

both

Comprehensive Coverage

andCollision

Coverage for that

covered

auto

and

the loss

is

covered under one

of

those

coverages.

This

coverage

applies

inaddition toany

coverage

automaticallyprovided

for

custom

parts

or

equip

ment

under

Comprehensive CoverageorCollisionCoverage.

INSURING

AGREEMENT

RENTAL

REIMBURSEMENTCOVERAGE

We

will

reimburse rental

charges

incurredwhen you

rent

an

auto

from a rental

agency

or

auto

repair shop due to a loss to a covered

auto for

which RentalReimbursement

Coveragehasbeen

purchased.

This

coverageappliesonly ityou

have

purchased

both

ComprehensiveCoverage and

Collision

Coverage for that covered auto andthe loss

is

coveredunder

oneof

those

coverages.

Additional fees orcharges for

insurance damage waivers

optional equipment fuel or

accessories arenotcovered.

This

coverage

is limited to the each

day

limit shown on the declarations

page

for a

maximumof 30

days.

14

it Rental Reimbursement Coverage applies no other

coverage

under this policy for

rental

expenseswill

apply.

Rentalchargeswill

be reimbursed

beginning:

1. when thecoveredautocannot bedriven dueto a

loss;

or

2. it the coveredauto

can

be

driven

when

you

deliver the covered auto toan

auto

repair shopor one ofour ServiceCenters for repairsdue to the loss;

and

ending

the earliestof:

1. when thecovered

auto

has been returnedto you;

2.

when thecoveredauto hasbeen

repaired;

3.

whenthecoveredauto hasbeen

replaced;

4 72hours

after

wemakean

offer

to settlethe loss if thecoveredauto isdeemedby

us to bea total

loss;

or

5. when

you

incur30days

worth

of rental charges.

Youmust

provide

us written

proof

of

your

rental

charges

to be reimbursed.

INSURING

AGREEMENT LOANILEASE

PAYOFFCOVERAGE

Ifyou pay

the

premium for

this

coverage

and the coveredauto

forwhich

this cover

agewas purchased isdeemed by us to bea total

loss

we will pay in addition to any

amounts

otherwise payableunder this Part

iv

the

difference

between:

1. the

actual

cash

value

ofthecoveredauto at

the

time

of the total

loss;

and

2. anygreateramountthe ownerofthecoveredauto is

legally

obligated to pay under

awritten loanor leaseagreement towhich the coveredauto issubjectat the time

ofthe total loss reduced

by:

a. unpaidfinance chargesor refundsdue to theowner for

such

charges;

b. excessmileagecharges or charges for

wear

and tear;

c.

charges for

extendedwarrantiesor

refunds

due to the

owner for

extendedwar

rarities;

d. charges

for

credit insurance

or

refunds

due to

the owner

for

credit

insurance;

e. pastduepayments andcharges

for

past due payments;and

f collection or repossession

expenses.

However our

payment

under this

coverage

shall

not

exceed the limit

of liability

shown

on thedeclarations

page.

The limitof liability isa

percentage

of the actual cash value

ofthecoveredautoatthe time of

the

loss.

This

coverageapplies

only ifyou havepurchasedbothComprehensive Coverage and

CollisionCoverage for

that covered

auto

and the loss

is

covered under

one of

those

coverages.

INSURING

AGREEMENT

PET INJURYCOVERAGE

If you have purchasedCollision coverage for at least one covered auto under your

policy and it your pet sustains injury or death while inside a covered auto or

non

15





LIMITSOFLIABILITY

1.

The

limit

of liability

for

loss toacovered

auto,

non-owned

auto,

or

custom parts

or equipmentis

the

lowestof:

a.

b.

C.

d.

theactualcashvalue ofthestolenordamagedpropertyat thetimeof the loss

reduced

by

theapplicable

deductible;

the amount

necessary to

replace the stolen

ordamaged property

reduced

by

the applicable deductible;

the

amount

necessary to repairthe

damaged property

to itsore-losscondition

reduced

by

theapplicable

deductible; or

theStatedAmount

shownon thedeclarations

page for that coveredauto.

owever,

themost

we will

payfor loss

to:

a.

b.

custom

parts or

equipment

is 1,000 unless you purchased Additional

CustomParts or EquipmentCoverage (‘ACPE”).Ifyou purchased

ACPE, the

most

we

will

pay is

1,000

plus

the amount

of

ACPE

you

purchased.

a

trailer

is

the limit

of liability

shown

on

the

declarations

page

for

that trailer.

Itthe

trailer

is

not


page,

the limitof

liability

is

500.

Payments

for loss

to a

covered auto,

non-owned

auto,

or

custom

parts

or

equipmentare subject to the following provisions:

a.

b.

It

coverage applies

toa non-owned

auto,

we

will provide

the broadest

cover

ageapplicable

to

any

covered

auto

shownon

the

declarations

page.

Ifyou haveelecteda StatedAmount for a covered

auto,

the

Stated

Amount

is

the

mostwe

will pay

for

all loss

to

that covered

auto, including

itscustom

parts

or equipment.

Coverage for custom parts

or

e q u i p t h

will

notcause our

limit

of liability

for

loss toanauto underthisPart IVto beincreasedto anamount inexcessof

the actualcashvalue

of

the

auto, including

itscustom parts

or equipment.

In determining

the

amount necessary to repair damaged property to its pre

loss

condition,

the

amount to be

paid

by

us:

(i) will not

exceedthe

prevailing competitive

labor

rates charged in

the area

where

the

propertyis tobe repaired

andthe

cost

of repairor replacement

partsandequipment,as reasonablydeterminedby

us;

and

(ii) will

be based on the cost of

repair

or replacement parts and

equipment

which

may be new, reconditioned,

remanutactured

or

used,

including,but

not limited to:

(a) original

manufacturerparts or equipment; and

(b) nonoriginalmanufacturer

parts

or equipment.

To determine

the

amount necessary to repair or replace the damaged prop

ertyas referred to insubsection 1.,the totalcostofnecessary repairor replace

mentmay

be reduced byunrepaired

prior damage.

Unrepaired

pn or damage

includes

broken,

crackedor

missing parts; rust;dents; scrapes; gouges;

and

peeling

paint.The reduction for unrepaired prior damage is the cost of

labor,

parts andmaterialsnecessary

to

repair

or

replace

damage, deterioration,

de

fects, orwear and

tear

on exterior

body

parts,windshields and other

glass,

wheels, and paint, that

existed

prior to theaccidentandthat iseliminatedasa

resultof the repairor replacementof

property damaged

in the loss.

18

i. To determine the amount necessary to

repair

or

replace

the

damaged prop

erty

as

referred

to insubsection 1.,an

adjustmentmay

be

made forbetterment

ordepreciationand physicalcondition

on:

(i) batteries;

(ii)

tires;

(iii)

engines and

transmissions, if

the engine hasgreater than

80,000miles;

and

(iv)

any other mechanical parts

thatare

nonfunctioningor inoperative.

Wewill

not

make an adjustment for the labor

costs

associated

with

the re

placementor repairof

these parts.

9.

The actual

cash

value

is determined by the

market value, age,

and

condition

ofthevehicle atthe time the lossoccurs.

3. No deductible

will

apply to a loss to window

glass

when the

glass

is

repaired in

stead

of replaced.

4. Duplicate recovery for the same elementsof

damages

isnot permitted.

5. The following additional limitsof

liability

apply to Pet injury

coverage:

a. The mostwewill pay for all damages inany one loss isa total of 1,000

re

gardless

of the numberof

dogs

orcats involved.

b. if your pet dies

in,

or as a direct resultof, a covered

loss,

we

will

provide a

death benefit of

1,000,

less any payment we made toward veterinary ex

penses

foryour

pet.

c. Nodeductible shallapply to this

coverage.

PAYMENTOF

LOSS

Wemay,atour option:

1. payfor the loss inmoney;or

2.

repair

or replace

the

damagedor

stolen

property.

Atour

expense,

wemay

return

any recoveredstolen

property

to you orto the address


page,

with

paymentfor

any

damageresulting

from

the

theft.

Wemay keepallor partof

the

propertyat the agreed or appraisedvalue.

Wemay settle any loss

with

you orthe

owner

or lienholderoftheproperty.

No BENEFITTO

BAILEE

Coverage

under this

Part

IV will

not

directly or indirectly

benefit any

carrier

or

other

baileefor hire.

LOSS

PAYABLE

CLAUSE

Payment under this Part

IV for a

loss

to a

covered

auto will be

made

according to

your

interest and the interest of

any

lienholder shown on the declarations

page

or

designated by

you.

At

our option,

payment

may

be

made

to

both jointly,

or to

either

separately.

However,

it the covered auto is

not

a total

loss,

wemaymake payment to

you

and the

repairerof

the

auto.

19



The Iienholder’s

interest

will notbeprotected:

1.

where

fraud misrepresentation materialomission or intentionaldamage resulting

ina denial ofcoverage byus has beencommitted byor at

the

directionof you or

any

person seeking coverage; or

2. wherethe

loss

is othenrvisenotcovered underthe

terms

of thispolicy.

Ifthis policyis cancelled nonrenewedorvoided the interestof

any

lienhoiderunderthis

agreementwill also

terminate.

OTHERSOURCES

OF RECOVERY

If

other

sources of recoveryalso cover the loss we will pay only ou r

share

of the loss.

Our

share is

the

proportion

that

our limit of

liability

bears to

the

total of allapplicable

limits.

However any

insurancewe

providefor

a non-owned

auto

or

trailer

notshown

on

the

declarations

page will

be

excess over

any

other collectible

source

of recovery

including but

not

limited

to:

1.

anycoverage provided

bythe

owner

ofthe non-owned

auto

or trailer;

2. any

other

applicable

physicaldamage insurance;and

3. any

other

source of

recovery

applicableto the loss.

APPRAISAL

If we cannot

agree

with you on

the

amount

of a loss

then

we or

you may demand

an appraisal of

the loss.

Vifithin 30

days

of any

demand

for an appraisal each

party

shall appointa

competent appraiser

andshall

notify

the

other

party of that appraiser‘s

identity.The appraisers

will

determine

the

amount

of loss. If they fail to

agree

the dis

agreement

will

be

submitted

to a

qualified

umpire

chosen

by

the

appraisers. If

the

two

appraisers

are unable

to

agreeupon

anumpire

within

15

days

weoryou

may request

that a judge ofa court of record in the countywhereyou reside

select

an umpire.The

appraisers

and

umpire will

determine the

amount of loss.

The

amount of loss agreed

to by

both

appraisers or byone appraiser

andthe

umpire

will

bebinding.You

will

pay

your

appraiser’sfeesand expensesWe

will pay

our appraiser’s tees andexpenses.

All

other expensesof the appraisal includingpayment ofthe

umpire

ifone isselected

will

besharedequally betweenus and

you.

Neitherwe

noryouwaiveany

rights

under

this

policybyagreeing toan appraisal.

PARTV ROADSIDE

ASSISTANCE COVERAGE

INSURINGAGREEMENT

Ifyou

pay

the

premiumforthis

coverage wewill

payforour

authorizedservice

represen

tative

to

provide

thefollowing services when

necessary due

toa covered emergency:

1. towing of a

covered

disabledautoto

the

nearestqualified

repair

facility;

and

2.

labor

ona covered disabled

auto

atthe

place

of disablement.

Ifa covereddisabled

auto

istowed toany

place

other

than the

nearestqualified repair

facility you will be responsibleforany

additional

charges incurred.

20

ADDI110NAL

DEFINITIONS

Whenused in this PartV:

1. “Covered

disabled

auto means a

covered

auto for which

this coverage has

been

purchased

thatsustainsa coveredemergency.

2. “Covered emergency’ meansa disablement

that

is a

result

of:

mechanicalor

electrical

breakdown;

battery failure;

insufficientsupply of fuel oil water or otherfluid;

flat

tire;

lock-out;or

entrapment insnow mud

water

or sandwithin

100

feetof a

road

or highway.

W E DTHEFOLLOWINGEXCLUSIONSCAREFULLY. IFAN EX

CLUSION

APPLIES

COVERAGE

WILL NOT

BE

AFFORDED

UNDER

THIS

PARTV.

Coverageunderthis

Part

Vwill

not

apply

to:

1. more thanthreecoveredemergencies foranysingle covered

auto

inasix-month

period; .

2. the

cost

of purchasingparts

fluid

lubricants

fuel

or

replacement

keys or the labor

tomake replacement

keys;

installation of

products

or material

not related

to

thedisablement;

labor

not

relatedto the disablement;

laborona covered disabled

auto

for

any

time

period

inexcess of60

minutes

per

disablement;

towing

or storage

related

to impoundment

abandonment illegal parking

or other

violations of

law;

assistance

with jacks

levelers

airbags

or

awnings;

laboror repair

work

performedat a servicestation garage or repairshop;

auto

storage charges;

0. disablement that

occurs

on roads

not regularly

maintained sand beaches

open

fields or areas designated as

not passable

due to construction weather or

earth

movement;

11. mountingor removingof

snow tires

or chains;

12. tire

repair;

13. disablement

that results

from an intentional orwillful actor

action

byyou a rela

tive orthe operatorof a covereddisabled

auto;

or

14. atrailer.

UNAUTHORIZEDSERVICEPROVIDER

When

service is

rendered

bya

provider

in

thebusiness

of

providing roadside

assistance

andtowing

services

other than one

of our

authorized service

representatives we

will

pay

only reasonablecharges asdeterminedbyus for:

1. towingofa

covered

disabled

auto

to

the

nearest

qualified

repair facility;

and

2. laboron a covereddisabledautoat

theplace

of disablement;

which

is necessarydue toa covered emergency.

21



OTHER INSURANCE

Any coverage

provided under

this

Part

V

for

service rendered byan unauthorized

ser

vice

provider will

be excess over

any other

collectible

insurance

or

towing

protection

coverage.

PARTVl DUTIES INCASE OFAN ACCIDENTOR LOSS

For coverage to

apply

under this

policy,

you or the person seeking coverage must

promptly

report

each

accident

or loss

even

ifyouor the

person

seekingcoverage is not

at fault.

You

or

the

person seeking coverage must

provide

us with

all

accident or

loss

information, includingtime, place,and how

the accident

or loss happened.

You

or

the

person

seeking

coveragemustalso obtainandprovide

us the

namesand

addressesof

all

persons involved in

the accident

or loss,the

namesandaddresses

of

any

witnesses,

andthe licenseplate

numbers

of thevehicles involved.

If

you

orthe

person seeking

coveragecannot identifythe

owner

or

operator

ofavehicle

involved intheaccident,or iftheftorvandalism hasoccurred,

youorthe

personseeking

coverage must notify

the

policewithin 24hours orassoon as practicable.

A personseekingcoveragemust:

1. cooperate with us in anymatterconcerninga claimor lawsuit;

2. provideany written proofof loss we may reasonably require;

3. allow us to take

signedand recorded

statements, includingswornstatements

and

examinations underoath,

which

we may conduct outside the presenceof

you

or

any

other

person seeking coverage,and answer all reasonable questionswemay

ask as

often

aswe

may

reasonably

require;

4. promptly

call

to notify us about any

claim

or lawsuit and

send

us anyand

all

legal

papers relatingto

the

claim or suit;

5.

attend

hearingsand trialsaswe

require;

6.

take

reasonablestepsafter a lossto protectthe coveredauto, or

any

othervehicle

forwhich coverage is sought, from further loss.We will pay reasonable expenses

incurred

in providing that protection. If failure to provide such protection

results

in

further

loss,

any

additional

damages will

notbe

covered under

this policy;

7

allow

us to have the damaged

covered

auto, or any other damaged vehicle for

whichcoverage issought, inspected

and

appraisedbefore its

repair

ordisposal;

8. submit to

medical

examinationsat

our expense

by

doctors

we

select

as

often

as

we

may

reasonably require;and

9. authorize us to

obtain

medical andother

records.

PARTVII GENERAL PROVISIONS

POLICY

PERIOD

AND

TERRITORY

This policy applies only to accidents and losses occurring during the policy period

shown

on

the

declarations page

and that

occur within a state,

territory

or possession

22

of

the United

Statesof

America,

or a

province

orterritory of

Canada,

orwhile a covered

auto

isbeing transportedbetween their ports.

CHANGES

This

policy

contract,

your

insuranceapplication

which

is

made

a

part

ofthis

policy

asif

attached hereto ,

the

declarations page,

andall

endorsements to

this

policy issuedby

us,

containall

the agreementsbetweenyou

and

us. Subject tothe following,

the

terms

of

this

policy

maynotbechangedorwaived except byan endorsement issuedby us.

The

premiumfor this

policy

is

based

on information we

received

from

you

and

other

sources.

You

agree tocooperate with us indetermining if this information is

correct

and

complete,

and

to

promptly

notify us if itchangesduring the policyperiod. Ifthis informa

tion is

determined

by us to be incorrect, incomplete, or if it

changes during the policy

period,

you agree thatwe

may

adjust

your

policy informationand premiumaccordingly.

Changesthat

may

result

ina

premium

adjustment

are

contained

in

our

ratesand rules.

These include,

but are

not limited

to,

you, a relative, or a rated resident obtaining a

driver’s

license

oroperatorspermit, orchanges

in:

1.

the

number,

type

oruseclassification of coveredautos;

the

persons who

regularly

operate

a covered

auto;

the

persons of legaldriving

age residing

inyour household;

the residents in

your

household;

anoperator’smaritalstatus;

your mailing

addressand

your

residenceaddress;

the principalgaragingaddress of

any

coveredauto;

coverage, deductibles,or

limits

of

liability;

or

ratingterritory

ordiscount eligibility.

The

coverage provided in

your policy

may bechanged

only

by the issuanceof a

new

policy

or an endorsement byus.

However,

if during

the policy

periodwe

broaden

any

coverage

afforded

underthe current

edition of

your policy without

additional premium

charge, that change will automatically apply to your policy as of thedate

the

coverage

change is implemented in

your

state.

Ifyou

ask

us to

delete

a vehicle from this policy, no coverage will apply to that vehicle

asof the dateand time you

ask

us to delete it.

DUTYTOREPORTCHANGES

You must

promptly report

tous all changes, including

additions

anddeletions, in policy

information.

Further, you must report

to us certain

changes

no later than 30

days

after

the

changeoccurs.These are changesto:

your mailingaddressor

your

residenceaddress;

the

principal

garaging

addressof any

covered

auto;

the residents inyour household;

the

persons of legaldriving age residing inyour household;

23



5. the persons who regularly operate a

covered

auto;

6. an operator‘s

marital status;

or

Z the driver’s licenseor operators

permit status

of

you

a relative

ora rated

residerrL

Your failure to comply with this

duty where

materialto

the

risk of loss may

result

inour

denial of coverage

for

a

claim.

SETTLEMENT OF

CLAIMS

We may use estimating appraisal or

injury

evaluation

systems

to

assist

us in

adjust

ing claims

under

this policy and to assist us in determining the amount of damages

expenses or

loss

payable

under

this

policy.

Such systems may bedeveloped byusor a

third partyand may includecomputer

software databases

andspecialized technology.

TERMS OF POUCY CONFORMEDTO STATUTES

If any provision of

this policy fails

to

conform

to

the statutes

of

the state listed

on your

application as your residence the provision shall be deemed amended to conform to

such

statutes.All

other

provisions

shall

be

given

full force

and

effect.

Any

disputes asto

the

coverages

provided or

the

provisions of

this policy shall

be governed by

the

law of

the

state

listed on your application as

your

residence.

TRANSFER OF INTEREST

The rights andduties underthis

policy

may not betransferredto anotherpersonwithout

our written consent.

However if a named insured shown on the declarations

page

dies

this

policy will provide coverage

until the

end of the policy

period

for the legal rep

resentative of the named insured while acting as such and for persons covered under

this

policy on

the

date of

the

named insured’s death.

FRAUD

OR MISREPRESENTATION

This policy

was

issued

in reliance upon

the

information provided on

your insurance

application. We

may

void this policy at

any

time including after the occurrence of an

accident or loss if you:

1.

made

incon ect statements or representationsto us with regard to any material fact

or circumstance;

2.

concealed

or misrepresented

any

material

fact

or

circumstance;

or

3. engaged in fraudulent conduct;

at

the

time of application.

This

means

that

we will

not

be

liable

for any

claims

or dam

ages

that

would

otherwise be

covered.

Any

changes we make at

your request

to

this policy

after inception

will

be

made

in reli

ance upon information yo u provide. If

you:

1.

make

incorrect

statements or representationsto us

with regard

to

any material fact

or circumstance;

24

2. conceal or misrepresent

any

material

fact

or circumstance; or

3.

engage

in fraudulent conduct;

in connection

with

a requested

change

we may void the

policy

or reform it as it

existed

immediately prior to the

requested

change. We may do this at any time including after

the

occurrence of an

accident

or

loss.

When we have not voided or reformed the policy we may

still

deny coverage for an

accident or

loss

if

you

in connection with

the

policy application in connection with any

requested

change

or at

any

time during

the policy

period

have concealed

or misrepre

sented any

material

fact or circumstance or engaged in fraudulent conduct and that con

cealment

misrepresentation or fraudulent

conduct

was material to a

risk

we

assumed.

However if we certify this poliql as proof of financial responsibility no

statement

made

byor on

behalf

of an

insured person shall void

coverage under

Part l

Liability To

Others

up to

the

minimum limits required by

the

Iowa Motor

Vehicle

Financial and

Safety ResponsibilityAct if the accident occurs before we notify you that the policy is

void. Ifwe void this policy

you must

reimburse us if we

make

a

payment

under

Part

l

LiabilityTo

Others.

We maydenycoverage for an

accident

or

loss

if

you

or a person seeking coverage

has

conwaled

or misrepresentedany material

fact

or

circumstance

or engaged in

fraudu

lent

conduct in

connection

with the presentationor settlement of a claim.

PAYMENTOF PREMIUMAND

FEES

If

your

initial premium payment is by check draft electronic funds transfer or

simi

larform

of remittance coverage

underthis

policy is conditioned on

payment

to us by

the financial

institution.If

the financial institutionupon presentment

does

not honor

the

ched< draft electronic funds transfer or similar lcrrn of remittance

this policy

may at

our option be deemed

void from its

inception.

This

means we

will

not be

liable under

this

policy

for

any

claims

or damages

that

would othewvise be

covered

if

the

check

draft electronic funds transfer or

similar

form of remittance

had been honored

by the

financial institution.Any

action

by us to present

the remittance

for payment

more

than

once shall not affect our right to void this policy.

in addition to

premium fees may

be charged on

your

policy. We

may

charge

fees for

installment payments

late

payments and other transactions.

Payments

made on your

policy will be applied first to fees then to premium

due.

CANCELLATION

You

may

cancel

this policy during the policy

period

by calling or writing us and

stating

the future

date

yo u

wish the cancellationto be

effective.

We may cancel

this policy during

the

policy

period by mailing a notice of cancellation

to

the named insuredshown

on thedeclarations page at the last

known address

ap

pearing in

our

records.

25



We

will

give at least 10days noticeof cancellation if

the

policy

iscancelled for nonpay

mentof premium.

We

will give

at

least

30

days

noticeof cancellation inall

other cases.

Wemay cancel

this policy

for any reason if the notice is

mailed

within

the

first 59

days

of

the

initial

policy

period.

After

this policy

is ineffect formore than 59days, or if

this

is a renewalor continuation

policy,we

maycancel

only for

one

or

more

of the following

reasons:

1. nonpaymentof premium;

2. materialmisrepresentationor fraud by

you

with respect toany material fact in the

procurement,

continuation, changeor

renewal

of this policy;

3.

material

misrepresentation

orfraud

in

thesubmission

ofany

claim

underthis

policy;

4. you orany

operatorwhoeither

resides in

your

household orcustomarily

operates

a covered auto

has had their driver s license

suspended or

revoked

during

the

policy

period or, if

this

is a renewal

policy,

during

itspolicy

period or

the 180 days

immediatelypreceding

its

effectivedate;

5. you or

any operator

whoeither

resides

inyour householdorcustomarily operates

a covered auto

has,

during

the policy period, engaged

in a competitive

speed

contestwhile operating a coveredauto;

6. you orany operator

whoeither resides

inyour

household

or customarily operates

a covered

auto

has,

during

the 36months immediately preceding the notice of

cancellation or nonrenewal of

this policy, been convicted

ofor

forfeited bail for any

of the following:

a.

criminal

negligence resultingin death, homicide,or assault,

and

arising outof

the

operationof a

motorvehicle;

b. operating a motor vehicle while intoxicated or

while under the

influenceof a

drug;or

c. a violation of

Iowa

Code Section321.261;

2 any

violation

ofthe terms orconditions of this policy;or

8. any

other

reason permitted

bylaw.

Proofofmailing

will

be sufficientproofof

notice.

If

this

policy iscancelled, coverage

will

notbeprovided asof

the

effective

date

andtime shown in

the

noticeofcancellation. For

purposes

of cancellation, this policy is neither severable

nor

divisible.Any

cancellation

will beeffective for

all

coverages for

all

persons

andall

vehicles.

CANCELLATIONREFUND

Uponcancellation,you maybe entitled to a

premium

refund.However, ourmakingor

offering

ofa refund isnota

condition

ofcancellation.

Ifwe cancel this

policy for

a

reason

other than nonpayment of premium, any

refund

will

becomputed ona

daily

pro ratabasis.The effectivedate of cancellation shown ina

noticewill

be the

end

of

the

policy period.

26

Ifcancellation is at

your request,

or if cancellation is for nonpayment ofpremium,any

refund

duewill

becomputedona

90

of a

daily

pro rata

basis.

This isa

daily,

acceler

ated methodof calculating short rate

earned

premium on cancellations.

Earned

pre

mium iscalculatedona daily basis.

Vinten

you

renew

this policy

we

will

waive our

right

underthe

policy

tocalculate can

cellation

refunds

on a

90

of a

daily pro rata basis; instead,

any

refund

of

premium

following

a cancellation

applicable

to

the

renewal

policy

will

becalculated ona

daily pro

rata

basis.

NONRENEWAL

If

neither

we norone ofour affiliatesoffers to renew or continue this policy,we

will

mail

notice

of

nonrenewal

to

the named

insured shown on

the

declarations

page

at the

last

known

address appearing inour records.Proofof mailing

will

besufficient proofof

notice.Notice

will

be

mailed

at least30

days beforethe end

of

the

policy

period.

AUTOMATIC

TERMINATION

Ifwe oranaffiliate offers to renew or

continue this

policy

and

youor

your

representative

does

not

accept,

this

policywill

automatically

terminate

at the end of the

current

policy

period.Failuretopay the required renewalorcontinuation premiumwhen

duewillmean

that

you

have

not accepted

our offer.

Ifyou

obtain

other insuranceonacovered

auto,any

similar insurance

provided

bythis

policywill

terminate

astothatcovered

auto

on

theeffective

date oftheother insurance.

Ifa covered

auto

is soldor transferred to someone other than

you

or a relative,any

insurance

provided

bythis

policywill terminate

asto

that

covered

auto

onthe

effective

date

of

the sale

or transfer.

LEGALACTIONAGAINST US

Wemay

not

be sued

unlessthere

is

full

compliancewith all

the terms

of this

policy.

We

may

not besued forpayment underPart | LiabilityToOthersuntil theobligationof

an insured

person

under

Part

I to

pay

is

finally

determined

either

by

judgment after trial

against

that personorbywritten agreementof the

insured

person,

the claimant,and

us.

Noonewill

haveany right

to

make

us a partytoa lawsuit todetermine

the

liability ofan

insuredperson.

Ifwe retain

salvage,

we haveno

duty

to preserve orotheniviseretain

the salvage

forany

purpose, includingevidence for

anycivil

or

criminal

proceeding.

27



OUR RIGHTSTO RECOVER

PAYMENT

Weareentitled to the rights of

recovery

that the insuredperson to whom

payment

was

made has against

another to

the

extent of our payment.

That insured

person may be

required to

sign

documents related to the

recovery and

must do whatever else we

re

quire to help us exercisethose

recovery

rights anddo nothing after an accident or loss

to prejudicethose

rights.

When an insured person has been paid by us and

also

recovers from another the

amount

recovered will be held by the insured person in

trust

for us and reimbursedto

us to the

extent

that the

total

amount recovered

from all

sources exceeds the damages

sustained limited to the amount of our payment. Ifwe

are

not reimbursed we

may

pursue recoveryof that amount directly against that insuredperson.

If an

insured

person

recovers

from

another

without

our

written

consent the

insured

person s right to

payment

under anyaffected coverage will no longer exist.

If we

elect

to exercise

our rights

of

recovery against another

we

will

also attempt to

recover

any

deductible incurred byan insured person

under

this policy unless we are

specifically instructed by

that

person notto pursuethe deductible.Wehave no obligation

to pursue recovery against

another

for any

loss

not

covered

by

this policy.

We reserve the right to compromise or settle the deductible and property damage

claims againstthe

responsiblepartiesfor

lessthan the

full amount.We

also

reserve

the

right

to

incur

reasonable expenses and

attorney fees

in

pursuit

of the

recovery.

It

the

total recovery is

lessthan

the

total of our payment

and the

deductible we will re

duce reimbursement of the deductible basedon the

proportion

that the

actual recovery

bears to the

total

of our payment

and

the deductible. Reimbursement of the deductible

will

not

be reduced by a proportionate share of collection expenses and attorney fees

incurred

in connection with

these recoveryefforts

unless

an

outside attorney

is

retained

to

collect such

recovery. In

that case there

will bea

deduction for

a

pro ratashare

of

the

allocated loss

adjustment

expense.

These

provisions will be applied in

accordancewith

state law.

JOINT AND

INDIVIDUAL

INTERESTS

Ifthere is more than one named insured on this policy

any

named insured

may cancel

or change this

policy

The

action

of one named insured will be binding on all persons

provided coverage

underthis

policy.

BANKRUPTCY

The bankruptcy

or insolvency ofan

insured

person will

not

relieve us of any obligations

underthis policy.

28



Documents

Progressive Automobile Insurance Iowa Policy Form 9611D IA 201410 Version 1