NON-OWNED FOR HIRE AUTO LIABILITY POLICY

Transcription

1 NON-OWNED FOR HIRE AUTO LIABILITY POLICY In this Policy the words "You", ''Your'' and "Yours'' refer to the Assured named and shown in the Declarations page of this Policy."We," "Us" and "Our" refer to the Certain Underwriters at Lloyd's London. In return for the payment of the premium in reliance upon the truth of the Statements made in the Application for Insurance submitted by You in connection with this Policy, which Application is hereby made a part of this Policy, and subject to all of the terms and conditions of this Policy, We agree with You as follows: SECTION I - COVERAGE - LIABILITY COVERAGE A. INSURING AGREEMENT 1. INSURING AGREEMENT A. Subject to the other provisions of this Policy, We will pay those sums that You, the Assured, named in the Declarations Page of this Policy, becomes legally obligated to pay as Damages, to which this insurance applies, because of Bodily Injury or Property Damage, caused by an Occurrence and resulting from the ownership, maintenance, use or operation of a Scheduled Auto, which accident occurs while such Scheduled Auto was specifically endorsed onto and listed in this Policy as a Scheduled Auto. B. We have no duty to defend any Assured against a Suit seeking damages for Bodily ' Injury or Property Damage or a Pollution Cost or Expense to which this insurance does not apply. We may investigate and settle any Incident, Occurrence, Claim or Suit as we consider appropriate. Our duty to defend or settle ends when the Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 2. DEFENSE A. We have no obligation to assume ', charge of the investigation, defense or settlement of any Incident, Occurrence, Claim or Suit made against You that any other insurer has a duty to defend. We have the right and will be given the opportunity to join You in defense, settlement or investigation of Incident, Occurrence, Claim or Suit which is or may be covered under this Policy. You must have Our written prior approval to settle any Incident, Occurrence, Claim or Suit in an amount that would be covered under this Policy. B. When Our Limit of Insurance is used up, We will no longer indemnify You for defense expense or assist or associate with You in the defense, settlement or investigation of any Incident, Occurrence, Claim, or Suit, We will have no duty or obligation to investigate, defend or settle Incident, Occurrence, Claim or Suit against any Assured alleging Damages which are not covered by this Policy. 3. LIMITS OF INSURANCE The Limit of Insurance as stated in Item 3 of the Declarations is the most We will pay regardless of the number of Assureds or Incidents Occurrences, Claims or Suits brought or persons or organizations making any Incident, Occurrence, Claim or Suit. Claim Expenses incurred by Us in the investigation and defense of any Incident, Occurrence, Claim or Suit which is or may be covered under this Policy shall be included within the coverage provided by this Policy, shall be in addition to the Limit of Insurance as stated in Item 3 of the Declarations and shall not reduce the available Limit of Insurance as stated in Item 3 of the Declarations. SECTION II - EXCLUSIONS 1

2 This insurance does not apply to: 1. Any Bodily Injury or Property Damage arising out of, or resulting from or due or related to the ownership, maintenance, use or operation of any automobile which, at the time of the Occurrence causing such Bodily Injury or Property Damage, did not have in full force and effect all of the insurance coverages and limits of liability required by any applicable law, regulation or ordinance, or which, at the time of the Occurrence causing such Bodily Injury or Property Damage did not satisfy all of the requirements of any applicable financial responsibility law, regulation or ordinance. 2. Any Bodily Injury or Property Damage arising out of, resulting from or due or related to the ownership, maintenance, use or operation of any automobile which at the time of the Occurrence causing such Bodily Injury or Property Damage was not endorsed onto this Policy as a Scheduled Auto. 3. Any Bodily Injury or Property Damage arising out of, resulting from or due or related to the ownership, maintenance, use or operation of any automobile owned by an Assured at the time of the Occurrence causing such Bodily Injury or Property Damage. 4. Liability imposed on You under the Employees' Retirement Income Security Act (E.R.l.S.A.) of 1974 or changes to it. 5. Any obligation or liability arising out of: a. The contamination of any environment of pollutants that are introduced at anytime, anywhere, in any way; or b. Any Bodily Injury or Property Damage, Claim Expenses, 5 costs or other loss, injury or Damages, arising out of such contamination, including but not limited to cleaning up, remedying or detoxifying such contamination; or c. Payment of sums related to (1) the investigation or defense of any Bodily Injury or Property Damage, Claim Expenses, cost or other loss or Damages or (2) payment '. of any cost, fine or penalty or (3) payment of any expense involving an Incident, Occurrence, Claim or Suit related to a. or b. above. As used in the Exclusion 2, the following terms have the following meanings. 1) Contamination means any unclean or unsafe or damaging or injurious or unhealthful condition arising out of the presence of pollutants, whether permanent or transient in any environment; 2) Environment includes any person, any man-made object or feature, animals, crops and vegetation, land, bodies of water, underground water or water table supplies, air and any other feature of the earth or its atmosphere, whether or not altered, developed or cultivated, including, but not limited to any of the above, owned, controlled, or occupied by the Assured; 3) Pollutants means smoke, vapors, soot, fumes, acids, sound, alkalis, chemicals, liquids, solids, gases, thermal pollutants, and other irritants or contaminants. 6. Any obligation or liability for Bodily Injury or Property Damage, arising out of: a. Inhaling, ingesting or prolonged physical exposure to asbestos or goods or products containing asbestos; or b. The use of asbestos in constructing or manufacturing any goods, product or structure; or c. The removal of asbestos from any goods, product or structure; or d. The manufacture, transportation, storage or disposal of asbestos or goods or products containing asbestos. The coverage afforded by this Policy does not ' apply to payment for any Claim Expense in the investigation or defense of any Bodily Injury or Property Damage, Claim Expenses, loss, or Damages or any cost, fine or penalty or for any expense for any Incident, Occurrence, Claim or Suit related to any obligation or liability described in this paragraph. 7. Any fines, penalties, punitive or exemplary damages. 8. Any obligation or liability for Uninsured or Underinsured Motorists Coverage, Personal Injury Protection or similar No-Fault Coverage including Medical Payments, by whatever name called, unless this Policy is 2

3 endorsed to provide such coverage. 9. Bodily Injury or Property Damage due to war, whether or not declared or any act or condition incidental to war. War includes civil war, insurrection, rebellion or revolution. 10. Any Liability: a. For Bodily Injury or Property Damage, personal injury, advertising injury if: 1) with respect to which an Assured under the Policy is also an Assured under a nuclear energy Liability Policy issued by the Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an Assured under any such Policy but for its termination upon exhaustion of its limit of liability; or 2) resulting from the hazardous properties of nuclear material and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the Assured is, or had this Policy not been issued would be entitled to indemnity from the United States of America or any agency thereof, under any agreement entered into by the United States of America or any organization. b. For Bodily Injury, Property Damage, personal injury and advertising injury if: 1) the nuclear material (a) is at any nuclear facility owned by or operated on behalf an Assured or (b) has been discharged or dispensed therefrom; 2) the nuclear material is contained in spent fuel or waste at any time possessed, handled, processed, stored, transported or disposed of by the Assured or 3) the injury, sickness, disease, death, or destruction arises out of the furnishing by the Assured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion applies only to injury to or destruction or damage of property at such nuclear facility. c. As used in the Exclusion 10: 1) hazardous properties mean source material, special nuclear material or byproduct material; source material, special nuclear materials and byproduct material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; 2) spent fuel means any fuel element or fuel component, solid or liquid which has been used or exposed to radiation in a nuclear reactor; 3) waste means any waste material: (a) containing byproduct material and (b) resulting from operation by any person or organization of any nuclear facility; 3) nuclear facility means: a. any nuclear reactor; b. any equipment or device designed or used for (i) separating the isotopes of uranium or plutonium (ii) processing or utilizing spent fuel or; c. handling, processing or packing waste; d. any equipment or device used for the processing, fabricating or alloying of special t C ' ' nuclear material if at any time the total amount of such material in the custody of the Assured at the premises where such equipment or devise is located consists of or contain more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; e. any structure, basin, excavation, premises or place prepared or used where any of the foregoing is located, all operations conducted on such site and all premises used for operations; Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material; with respect to injury to or destruction 3

4 of property, the word injury or destruction includes all forms of radioactive contamination of property. 11. Expected or Intended Injury. Bodily Injury or Property Damage expected or intended from the standpoint of the Assured. 12. Contractual Liability assumed under any contract or agreement. But this exclusion does not apply to liability for damages: a. Assumed in a contract or agreement that is an Insured contract; or b. That the Assured would have in the absence of the contract or agreement. 13. Workers Compensation. Any obligation for which You or Your ' insurer may be liable under any workers compensation, disability benefits or unemployment compensation law or any similar law. 14. Employee Indemnification and Employer's Liability. Bodily Injury to or Property Damage incurred by: a. An employee of Yours arising out of and in the course of employment by the Assured or b. The spouse, child, parent, brother or sister of that employee as a consequence of paragraph a. above. This exclusion applies: 1) Whether You may be liable as an employer or in any other capacity; and 2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. 15. Fellow Employee. Bodily injury to or Property Damage incurred by any fellow employee of Yours. 16. Care, Custody or Control. Property Damage to property owned or transported by You or in Your care, custody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement. SECTION III - DEFINITIONS 1. "Assured" means person or entity names as the Assured in the Declarations of this Policy and any additional "Assured" added to the Policy by endorsement hereto. Assured does not include the owner or operator of any automobile not owned by the Assured or any employee of the Assured. 2. "Assured Contract" means a contract that is specified in the Declarations of this Policy. 3. "Claim" means a demand received by the Assured for money or services including the service of a suit or ' 4. "Claim Expense" means fees charged by any lawyer designated by the Underwriters and all other fees, costs., institution of arbitration proceedings against the Assured. and expenses resulting from the investigation, adjustment, defense and appeal of a claim, if incurred by the "Underwriters." However, "Claim Expenses" does not include salary charges of regular employees or officials of the "Underwriters." 5. "Damages" means a monetary sum which You' are legally obligated to pay because of Bodily Injury or Property Damage and which is covered by this Policy. This obligation of Yours to pay must arise out of a final decision of a court or is the result of a settlement which We have approved of in writing. Damages include interest which accumulates on a civil court judgment from the time the suit is brought until the final judgment is entered by the court. Damages include defense expense incurred by the Assured in defense of a claim covered under this Policy. Damages do not include damages for which insurance is prohibited by law or public policy in construction of this Policy, 6. "Incident" means an Occurrence which may give rise to a Claim. 7. "Non-owned For Hire Automobile" means an automobile not owned or operated by or furnished for the regular use by the Assured named in the Declarations of this Policy. 8. "Occurrence" means: a. With respect to Bodily Injury, an accident, including continuous or repeated exposure to substantially the same harmful condition, to persons other than You or Your employees; b. With respect to Property Damage, an accident, including continuous or repeated exposure to substantially the same harmful condition resulting in damage to property that is owned by, leased to or in the possession of persons other You or Your employees. 4

5 9. Scheduled Auto means a Non-owned For Hire Automobile that has been specifically described and endorsed on this Policy but only during the period of time that such Non-owned For Hire Automobile remains endorsed onto and listed as a Scheduled Auto in this Policy. 10. Suit means a civil proceeding an arbitration proceeding or any other alternative dispute resolution proceeding in which Damages because of Bodily Injury or Property Damage to which this insurance applies, are alleged. 11. "Underlying Insurance" means the insurance policy insuring a particular Non-owned For Hire Automobile but only if such insurance policy was in full force and effect at the time the Occurrence and satisfied all of the insurance coverages and limits of liability required by any applicable law, regulation or ordinance, including all of the requirements of any applicable financial responsibility law, regulation or ordinance. SECTION IV - CONDITIONS 1. Duties in the Event of Incident, Occurrence, Claim or Suit a. Whenever it appears that an Incident, Occurrence, Claim or Suit may be covered under this Policy, written notice shall be given to Us or Our authorized representative by You as soon as practicable. b. To the extent possible such notice shall contain: 1. How, when and where the Incident, Occurrence, Claim or Suit took place; 2. The names and addresses of any injured persons and any witnesses; 3. The particulars sufficient to identify the Assured and also reasonably obtainable information respecting the time place and circumstances of the Incident, Occurrence, Claim'' or Suit. c. You and 6 any other involved Assured must: 1. Immediately send Us copies of any demands notices, summonses or legal papers received in connection with the Incident, Occurrence, Claim or Suit; 2. Authorize Us to obtain records and other information; 3. Cooperate with Us in the investigation, settlement or defense of the Incident, Occurrence, Claim, or Suit and 4. Assist Us, upon Our request, in the enforcement of any right against any person or organization which may be liable to the Assured because of injury or damage to which this insurance may also apply. 5. Notify Us immediately of any judgment or settlement of any Incident, Occurrence, Claim or Suit against any Assured. 6. Notice of any Suit shall also be provided to any other person or organization or Agent for Service of Process named in this Policy. 2. Other Insurance The insurance afforded under this Policy shall be in excess over all Underlying Insurance covering a loss covered by this Policy, whether or not valid and collectible. It shall also be excess insurance (except insurance expressly purchased to apply in excess of the limit of liability hereunder) over all other insurance, whether valid and/or collectible, available to the Assured, whether such other insurance is stated to be primary, contributing, excess or contingent. If other insurance with any insurer is available to the Assured, covering any Incident, Occurrence, Claim or Suit also covered hereunder (except insurance expressly purchased to apply in excess of the limit of liability hereunder) the insurance hereunder shall be in excess of, and shall not contribute with, such other insurance. It is understood by You that We are charging a lower premium for this Policy with the understanding that at all times during the policy period in any Incident, Occurrence, Claim or Suit for Bodily Injury or Property Damage arising out of, resulting or due to the ownership, maintenance, operation or furnishing of any Non-owned For Hire Automobile, the Underlying Insurance insuring such Non-owned For Hire Automobile will be primary to the insurance coverage afforded to You by Us. 3. Action Against the Underwriters a. No action shall lie against Us unless, as a condition precedent thereto there shall have been full 5

6 compliance with all of the terms of this Policy, nor until the amount of Your obligation to pay shall have been finally determined either by judgment against You, after actual trial or by written agreement by the Assured, the claimant and Us. b. In no instance shall You grant or assign to any claimant any rights under this Policy. ln no instance, shall any claimant have any rights under this Policy. 4. Subrogation In the event of any payment under this Policy, the Assured shall assist Us upon Our request, in the enforcement of any right against any person or organization which may be liable to the Assured because of any injury or damage to which this insurance may also apply. The Assured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Assured shall do nothing to prejudice such rights; Recoveries shall be applied: First to reimburse any interest (including the Assured) that may have paid any amount with respect to liability in excess of Our Limit of Insurance hereunder; Then to reimburse Us up to the amount paid hereunder, along with any other insurers having a proportionate interest at the same level; and lastly, to reimburse such interests (including the Assured), with respect to which this insurance is excess, as are entitled to claim the residue, if any. A different apportionment may be made to effect settlement of a claim by agreement signed by all interests. Reasonable expenses incurred in the exercise of rights or recovery shall be apportioned among all interests in the ratio of their respective losses for which recovery is sought. 5. Changes This Policy contains all the agreements between You and Us concerning the insurance afforded by Us. No other agreement has been made in connection with this Policy or the insurance afforded by this Policy. Notice to any person, or knowledge possessed by any person, shall not effect a waiver or a change in any part of this Policy, or stop Us from asserting any rights under the terms of this Policy nor shall the terms of this Policy be waived, amended or changed, except by written endorsement issued to form a part of this Policy, signed by 0ur authorized representative. 6. Cancellation a. The Assured may cancel this Policy by mailing or delivering to Us advance written notice of cancellation. b. We may cancel this Policy by mailing or delivering to the Assured written notice of cancellation at least: 1) ten (10) days before the effective date of cancellation if We cancel for nonpayment of premium; or 2) thirty (30) days before the effective date of cancellation if We cancel for any other reason. c. We will mail or deliver Our notice to the last mailing address of the Assured known to Us d. Notice of Cancellation will state the effective date of cancellation. The Policy period will end on that date. e. If notice is mailed, proof of mailing will be sufficient proof of notice. 7. Premium The premium stated in Item 4 of the Declarations is a deposit and minimum premium only, unless otherwise specified. We must be notified within 30 days on Scheduled Auto changes. 8. Sole Agent Unless otherwise specified in the Underlying Insurance the person or organization, first named in Item 1 of the Declarations of this Policy, is authorized to act on behalf of all Assureds with respect to the giving or receiving of notice of cancellation, receiving unearned premium, agreeing to any changes in the Policy and being billed for additional premiums. 9. Inspection and Audit 6 We shall be permitted but not obligated to inspect Your property and operations at any time. Neither Our right to make inspections, nor the making thereof nor any report thereon shall constitute an undertaking on Your behalf or for Your benefit or that of others to determine or warrant that such property or 'l 6

7 operations are safe or healthful, or are in compliance with any rule or regulation. We may examine and audit Your books and records at any time during Policy period and extensions thereof and within three years after the final termination of this Policy, insofar as they relate to the subject matter of this insurance. 10. Appeal In the event You elect not to appeal a judgment, We may elect to appeal at Our expense. In such case ' We will be liable for the expenses applicable thereto, but in no event will Our liability for damages exceed the amount of Our Limit of Insurance as stated in Item 3 of the Declarations. 11. Policy Period This Policy applies only to Bodily injury or Property Damage that occurs during the policy, arising out of an occurrence during the Policy period, as shown in Item 2 of the Declarations. 12. Terms of Policy Conformed to Statute Terms of this Policy which are in conflict with the statutes of the State wherein this Policy is issued are hereby amended to conform to such statutes. 13. Concealment, Misrepresentation Or Fraud This Policy is void in any case of fraud by You at any time as it relates to this Policy or the coverage provided by this Policy. It is also void if You or any other Assured, at any time, intentionally conceal or misrepresent a material fact concerning this Policy including any questions contained in the Application for Insurance that was submitted in connection with this Policy or any information provided by You or Your Agent or Broker in such Application for Insurance or any information provided by You or any Assured in connection with the investigation or the defense of any Incident, Occurrence, Claim or Suit. ANY PERSON WHO INCLUDES ANY FALSE OR MISLEADING INFORMATION ON AN APPLICATION FOR AN INSURANCE POLICY IS SUBJECT TO CRIMINAL AND CIVIL PENALTIES 7