PERSONAL AUTO POLICY CSE SAFEGUARD INSURANCE COMPANY CORPORATE HEADQUARTERS 2121 North California Blvd. Suite 900 Walnut Creek, CA 94596-7381 Toll-Free Number 1-800-282-6848 www.cseinsurance.com OFFICES LOCATED IN Walnut Creek, California San Dimas, California
TABLE OF CONTENTS Personal Auto Policy F.34600A (08/17) AGREEMENT... 4 DEFINITIONS... 4 PART A LIABILITY COVERAGE Insuring Agreement... 7 Supplementary Payments... 8 Exclusions... 8 Limit of Liability... 10 Out of State Coverage... 10 Financial Responsibility... 11 Other Insurance... 11 PART B MEDICAL PAYMENTS COVERAGE Insuring Agreement... 11 Exclusions... 11 Limit of Liability... 13 Reimbursement Agreement Offset Provision... 13 Other Insurance... 14 PART C UNINSURED MOTORISTS COVERAGE Insuring Agreement... 14 Exclusions... 16 Limit of Liability... 17 Other Insurance... 18 Arbitration... 19 PART D COVERAGE FOR DAMAGE TO YOUR AUTO Insuring Agreement... 19 Transportation Expenses... 21 Additional Payments... 22 Exclusions... 22 Limit of Liability... 25 Payment of Loss... 25 No Benefit to Bailee... 26 Other Sources of Recovery... 26 Appraisal... 26 PART E DUTIES AFTER AN ACCIDENT OR LOSS... 26 PART F ROADSIDE ASSISTANCE COVERAGE Insuring Agreement... 27 PART G GENERAL PROVISIONS Bankruptcy... 27 Changes... 27 2
Fraud/Concealment... 28 Notification... 28 Legal Action Against Us... 28 Our Right to Recover Payment... 29 Policy Period and Territory... 29 Termination... 29 Transfer of Your Interest In This Policy... 31 Two or More Auto Policies... 31 Additional Insured... 31 3
AGREEMENT In return for payment of the premium and subject to all the terms of this policy, "we" agree with "you" as follows: DEFINITIONS A. Throughout this policy, "you" and "your" refer to: 1. The "named insured" shown in the Declarations page; and 2. The spouse if a resident of the same household. If the spouse ceases to be a resident of the same household during the policy period or prior to the inception of this policy, the spouse will be considered "you" and "your" under this policy but only until the earlier of: 1. The end of 90 days following the spouse's change of residency; 2. The effective date of another policy listing the spouse as a "named insured"; or 3. The end of the policy period. B. "We", "us" and "our" refer to the Company providing this insurance as named in the Declarations page. C. For purposes of this policy, a "private passenger auto," "pickup" or "van" shall be deemed to be owned by a person if leased: 1. Under a written agreement to that person; and 2. For a continuous period of at least 6 months. Other words and phrases are defined. They may be in quotation marks when used. D. "Commercial ridesharing program," including any program administered by a "Transportation Network Company", means an arrangement or activity through which persons or property are transported for compensation, regardless of the amount or form of compensation charged or paid, and includes the time: 1. Commencing when a driver of an auto or vehicle is available to accept transportation requests for passenger(s) or property for compensation; 2. Commencing when the driver accepts a transportation request through a digital network or similar connection by a "transportation network company", and when passenger(s) or property enters into or is loaded upon the auto or vehicle used for this request; 3. The passenger(s) or property are in or upon the auto or vehicle used for this request; and/or 4. Between when the passengers or property exits, departs, or unloads from the auto or vehicle, and the driver is no longer available to accept transportation requests. E. "Bodily injury" means bodily harm, sickness or disease, including death that results. F. "Business" includes trade, profession or occupation. G. "Family member" means a person related to "you" by blood, marriage or adoption who is a resident of "your" household. This includes a ward or foster child who is listed as a driver on the 4
Declarations page. H. "Occupying" means: 1. In; 2. Upon; or 3. Getting in, on, out or off. I. "Personal vehicle sharing" means the use of "private passenger auto", "pickup", "van", or "trailer" by any person other than their owner, in connection with a personal vehicle sharing program". J. "Personal vehicle sharing program" means a legal entity engaged in the business of facilitating the sharing of "private passenger auto", "pickup", "van", or "trailer for noncommercial use by individuals within the state. K. "Pickup" or "van" means an auto that: 1. has a Gross Vehicle Weight Rating of 10,000 lbs. or less; and 2. is not used for the delivery or transportation of goods and materials unless such use is: a. Incidental to "your" "business" of installing, maintaining or repairing furnishings or equipment; or b. For farming or ranching. L. "Private passenger auto" means a four-wheel auto of the private passenger type designed primarily for use on public roads. M. "Property damage" means physical injury to, destruction of or loss of use of tangible property, including loss of its use. N. "Trailer" means a vehicle designed to be pulled by a: 1. "Private passenger auto"; or 2. "Pickup" or "van." It also means a farm wagon or farm implement while towed by a vehicle listed in 1. or 2. above. O. "Transportation Network Company" or "TNC" means an entity that provides prearranged transportation services for compensation using an online-enabled application or similar platform to connect passengers with drivers using a personal vehicle, including, but not limited to, Uber, Lyft, etc. P. "Your covered auto" means: 1. Any vehicle shown in the Declarations page and any "private passenger auto", "pickup", "van", or "trailer" "you" replace it with. If "you" wish PART D COVERAGE FOR DAMAGE TO YOUR AUTO to apply to the replacing auto, "you" must notify "us" within thirty (30) days of its acquisition. 2. A "newly acquired auto". "You" must, however, notify "us" within thirty (30) days of its acquisition for any coverage to apply. 3. Any "trailer" "you" own. 5
4. Any "private passenger auto", "pickup", "van", or "trailer" "you" or a "family member" do not own while used as a temporary substitute for any other vehicle described in this definition which is out of normal use because of its: a. Breakdown; b. Repair; c. Servicing; d. Loss; or e. Destruction. This Provision (P.4.) does not apply to Part D - Coverage For Damage To Your Auto. Q. "Newly acquired auto": 1. "Newly acquired auto" means any of the following types of vehicles "you" become the owner of during the policy period: a. A "private passenger auto"; or b. A "pickup" or "van" for which no other insurance policy provides coverage. 2. Coverage for a "newly acquired auto" is provided as described below. If "you" ask "us" to insure a "newly acquired auto" after a specified time period described below has elapsed, any coverage "we" provide for a "newly acquired auto" will begin at the time "you" request the coverage. a. For any coverage provided in this policy except Part D - Coverage For Damage To Your Auto, a "newly acquired auto" will have the broadest coverage "we" now provide for any vehicle shown in the Declarations page. Coverage begins on the date "you" become the owner. However, for this coverage to apply to a "newly acquired auto" which is in addition to any vehicle shown in the Declarations, "you" must ask "us" to insure it within thirty (30) days after you become the owner. If a "newly acquired auto" replaces a vehicle shown in the Declarations page, coverage is provided for this vehicle without "you" having to ask "us" to insure it, except if "you" wish COVERAGE FOR DAMAGE TO YOUR AUTO to apply to the replacing auto, "you" must notify "us" within thirty (30) days of its acquisition. b. "Collision" Coverage for a "newly acquired auto" begins on the date "you" become the owner. However, for this coverage to apply, "you" must ask "us" to insure it within: (1) Thirty (30) days after "you" become the owner if the Declarations indicate that "Collision" Coverage applies to at least one auto. In this case, the "newly acquired auto" will have the broadest coverage "we" now provide for any auto shown in the Declarations page. (2) Thirty (30) days after "you" become the owner if the Declarations do not indicate that "Collision" Coverage applies to at least one auto. If "you" comply with the 30-day requirement and a loss occurred before "you" asked "us" to insure the "newly acquired auto", a "Collision" deductible of $500 will apply. c. "Comprehensive" Coverage for a "newly acquired auto" begins on the date you become 6
the owner. However, for this coverage to apply, "you" must ask "us" to insure it within: (1) Thirty (30) days after "you" become the owner if the Declarations indicate that "Comprehensive" Coverage applies to at least one auto. In this case, the "newly acquired auto" will have the broadest coverage "we" now provide for any auto shown in the Declarations page. (2) Thirty (30) days after "you" become the owner if the Declarations do not indicate that "Comprehensive" Coverage applies to at least one auto. If "you" comply with the 30- day requirement and a loss occurred before "you" asked "us" to insure the "newly acquired auto", a "Comprehensive" deductible of $500 will apply. R. "Excluded Driver, as used throughout the policy, means a person who is shown in the Declarations as an excluded driver. PART A LIABILITY COVERAGE Insuring Agreement A. "We" will pay damages for "bodily injury" or "property damage" for which any "insured" becomes legally responsible because of an auto accident that occurs during the policy period. Damages include prejudgment interest awarded against the "insured". "We" will settle or defend, as "we" consider appropriate, any claim or suit asking for these damages. "We" will defend, through attorneys selected by "us", any suit claiming damages for "bodily injury" or "property damage" if covered by "your" policy, even if the allegations of the lawsuit are groundless, false or fraudulent. In addition to "our" limit of liability, "we" will pay all defense costs "we" incur. "Our" duty to settle or defend ends when "our" limit of liability for this coverage has been exhausted by payment of judgments or settlements. "We" have no duty to defend any suit or settle any claim for "bodily injury" or "property damage" not covered under this policy. B. "Insured" as used in this Part means: 1. "You" or any "family member" for the ownership, maintenance or use of any "private passenger auto", "pickup", "van", "trailer" or "your covered auto". 2. Any person using "your covered auto" with "your" permission. 3. For "your covered auto", any person or organization but only with respect to legal responsibility for acts or omissions of a person for whom coverage is afforded under this Part. 4. For any "private passenger auto", "pickup", "van", or "trailer", other than "your covered auto", any other person or organization but only with respect to legal responsibility for acts or omissions of "you" or any "family member" for whom coverage is afforded under this Part. This Provision (B.4.) applies only if the person or organization does not own or hire the "private passenger auto", "pickup", "van", or "trailer". 5. Any automobile leasing company or organization that is named in the Declarations page as an "additional insured". Coverage is to be ineffective upon termination of the leasing agreement between the "named insured" and the leasing company or organization, or upon termination of ownership of the vehicles by the leasing company. 6. "Insured" does not mean any person while "occupying", operating, or using "your covered 7
auto", any car, or any vehicle that is available for hire or while using a car that is part of a "personal vehicle sharing program", "commercial ridesharing program" or similar arrangement. Supplementary Payments "We" will pay on behalf of an "insured": 1. Up to $250 for the cost of bail bonds required because of an accident, including related traffic law violations. The accident must result in "bodily injury" or "property damage" covered under this policy. 2. Premiums on appeal bonds and bonds to release attachments in any suit "we" defend; however, it is not "our" obligation to apply for any such bonds. "We" will not pay for that portion of attachment bonds that is in excess of "our" limit of liability. 3. Interest accruing after a judgment is entered in any suit "we" defend on the portion of the judgment which is not more than "our" limit of liability. "Our" duty to pay interest ends when "we" offer to pay that part of the judgment which does not exceed "our" limit of liability for this coverage or, in the event a judgment is rendered, no interest will be payable by "us" after "we" have paid or deposited in court "our" limit of liability. 4. Up to $100 a day for loss of earnings, but not other income, because of "your" attendance at hearings or trials at our request. 5. Other reasonable expenses incurred at "our" request. These payments will not reduce the limit of liability. Exclusions A. "We" do not provide Liability Coverage, nor will "we" defend any suit alleging liability, for any person or "insured": 1. Who intentionally causes "bodily injury" or "property damage". 2. For "property damage" to property owned or being transported by that "insured". 3. For "property damage" to property: (a) rented to; (b) used by; or (c) in the care of that "insured" or person. This Exclusion (A.3.) does not apply to "property damage" to a residence or private garage "you" rent. 4. For "bodily injury" to an employee of that "insured" during the course and/or scope of employment of that employee. This Exclusion (A.4.) does not apply to "bodily injury" to a domestic employee unless workers' compensation benefits are required or available for that domestic employee. 5. For that "insured's" liability arising out of the ownership or operation of a vehicle while it is being used: (a) as a public or livery conveyance; (b) to carry persons or property for a fee; or (c) for retail or wholesale pickup or delivery of any kind, including but not limited to, pizza, newspaper, food, or any other products. This Exclusion (A.5.) does not apply to a share-theexpense car pool. 6. While employed or otherwise engaged in the "business" of: (a) selling; (b) repairing; (c) servicing; (d) storing; or (e) parking of vehicles. This exclusion includes road testing and 8
delivery. This Exclusion (A.6.) does not apply to the ownership, maintenance or use of "your covered auto" by: (a) "you"; (b) any "family member"; or (c) any partner, agent or employee of "you" or any "family member". 7. Maintaining or using any vehicle while that "insured" is employed or otherwise engaged in any "business" (other than farming or ranching) not described in Exclusion (A.6). This Exclusion (A.7.) does not apply to the maintenance or use of a: (a) "private passenger auto ; (b) "Pickup" or "van"; or (c) "trailer" used with a vehicle described in immediately aforementioned (a) or (b). 8. Using a vehicle without a reasonable belief that that "person or insured" is entitled to do so. 9. For "bodily injury" or "property damage" for which that "insured": a. Is an insured under a nuclear energy liability policy; or b. Would be an insured under a nuclear energy liability policy but for its termination upon exhaustion of its limit of liability. A nuclear energy liability policy is a policy issued by any of the following or their successors: a. Nuclear Energy Liability Insurance Association; b. Mutual Atomic Energy Liability Underwriters; or c. Nuclear Insurance Association of Canada. 10. For "bodily injury" or "property damage" to "you" or any "family member" or any other "insured", subject to the law of the place of the accident, whenever the ultimate benefits of indemnification accrue directly or indirectly to "you" or a "family member", or any other "insured". 11. For the ownership, maintenance or use of any vehicle, other than "your covered auto", which is owned by, or furnished, or available for the regular use of, "you" or any "family member". However, this exclusion does not apply to "you" while "you" are maintaining or "occupying" any vehicle which is: (a) owned by a "family member"; or (b) furnished or available for the regular use of a "family member". 12. Assuming under any contract or agreement, except liability of others "you" name in a written contract relating to the use of a vehicle or auto "you" do not own. 13. For the ownership, maintenance, or use, of any motorized vehicle having less than four wheels, or any vehicle not licensed for use on public roads. This exclusion does not apply: (a) while such vehicle is being used by an "insured" in a medical emergency; (b) to any "trailer"; or (c) to any non-owned golf cart. 14. Engaging or "occupying" any vehicle for the purpose of: (a) competing in, or (b) practicing or preparing for, any prearranged racing or speed contest, whether organized or not organized. 15. For punitive or exemplary damages; however, if the underlying claim is covered under this PART, "we" will defend any suit alleging liability for such damages through attorneys selected by "us". "OUR" DUTY TO DEFEND SUCH SUIT ENDS WHEN ALL CLAIMS FOR COVERED NON-PUNITIVE DAMAGES HAVE BEEN RESOLVED BY JUDGMENTS OR SETTLEMENTS. 9
16. For any accident that occurs while "your covered auto" or any auto or any vehicle is being used in a "personal vehicle sharing program", "commercial ridesharing program" or similar arrangement. B. "We" will not pay damages, expenses, or loss: 1. Arising out of the maintenance, operation, or use of any "private passenger auto", "pickup", "van", "trailer", or any other vehicle by the excluded driver. 2. For any negligence which may be imputed to "you" by law arising out of the maintenance, operation, or use of any "private passenger auto", "pickup", "van", "trailer", or any other vehicle by the "excluded driver." This Exclusion B. applies to all coverages in this policy except Uninsured Motorists Coverage and Underinsured Motorists Coverage, and applies to any amendment, renewal, or extension of this policy. Limit of Liability A. The limit of liability shown in the Declarations page for each person for "Bodily Injury" liability is "our" maximum limit of liability for all damages, including damages for care, loss of services or death, arising out of "bodily injury" sustained by any one person in any one auto accident. Subject to this limit for each person, the limit of liability shown in the Declarations page for each accident for "Bodily Injury" liability is our maximum limit of liability for all damages for "bodily injury" resulting from any one auto accident. The limit of liability shown in the Declarations page for each accident for Property Damage Liability is our maximum limit of liability for all "property damage" resulting from any one auto accident. This is the most "we" will pay regardless of the number of: 1. "Insureds"; 2. Claims made; 3. Vehicles or premiums shown in the Declarations page; or 4. Vehicles involved in the auto accident. B. No one will be entitled to receive duplicate payments for the same elements of loss under this coverage or PART and: 1. Part B or Part C of this policy; or 2. Any Underinsured Motorists Coverage provided by this policy. Out of State Coverage If an auto accident to which this policy applies occurs in any state or province other than the one in which "your covered auto" is principally garaged, "we" will interpret "your" policy for that accident as follows: A. If the state or province has: 1. A financial responsibility or similar law specifying limits of liability for "bodily injury" or "property damage" higher than the limit shown in the Declarations page, "your" policy will 10
provide the higher specified limit. 2. A compulsory insurance or similar law requiring a nonresident to maintain insurance whenever the nonresident uses a vehicle in that state or province, "your" policy will provide at least the required minimum amounts and types of coverage. B. No one will be entitled to duplicate payments for the same elements of loss. Financial Responsibility When this policy is certified as future proof of financial responsibility, this policy shall comply with the law to the extent required. Other Insurance If there is other applicable liability insurance "we" will pay only "our" share of the loss. "Our" share is the proportion that "our" limit of liability bears to the total of all applicable limits. However, any insurance "we" provide for a vehicle "you" do not own, including any vehicle while used as a temporary substitute for "your covered auto", shall be excess over any other collectible insurance. PART B MEDICAL PAYMENTS COVERAGE Insuring Agreement A. "We" will pay reasonable expenses incurred for necessary medical and funeral services because of "bodily injury": 1. Caused by accident; and 2. Sustained by an "insured". "We" will pay only those expenses incurred for services rendered within 1 year from the date of the accident. B. "Insured" as used in this Part means: 1. "You" or any "family member": a. While "occupying"; or b. As a pedestrian when struck by; a motor vehicle designed for use mainly on public roads or a trailer of any type. 2. Any other person while "occupying" "your covered auto", while the auto is being used by "you", a "family member" or another person if that other person has sufficient reason to believe that the use is with permission of the "named insured". 3. "Insured" does not mean any person while "occupying", operating, or using "your covered auto", any car, or any vehicle that is available for hire or while using a car that is part of a "personal vehicle sharing program", "commercial ridesharing program" or similar arrangement. Exclusions "We" do not provide Medical Payments Coverage for any "insured" for "bodily injury": 11
1. Sustained while "occupying" any motorized vehicle having fewer than four wheels, or any vehicle not licensed for use on public roads. This exclusion does not apply: (a) while such vehicle is being used by an "insured" in a medical emergency; (b) to any "trailer"; or (c) to any non-owned golf cart. 2. Sustained while "occupying" "your covered auto" when it is being used: (a) as a public or livery conveyance; (b) to carry persons or property for a fee; or (c) for retail or wholesale pickup or delivery of any kind, including but not limited to, pizza, newspaper, food, or any other products. This Exclusion (2.) does not apply to a share-the-expense car pool.. 3. Sustained while "occupying" any vehicle located for use as a residence or premises. 4. Occurring during the course of employment if workers' compensation or other such similar benefits are required or available for the "bodily injury". 5. Sustained while "occupying", or when struck by, any vehicle (other than "your covered auto") which is: a. Owned by "you"; or b. Furnished or available for "your" or "your family member s" regular use. 6. Sustained while "occupying", or when struck by, any vehicle (other than "your covered auto") which is: a. Owned by any "family member"; or b. Furnished or available for the regular use of any "family member". However, this Exclusion (6.) does not apply to "you". 7. Sustained while "occupying" a vehicle without a reasonable belief that the person is entitled to do so. This Exclusion (7.) does not apply to a "family member" using "your covered auto" which is owned by "you". 8. Sustained while "occupying" a vehicle when it is being used in the "business" of an "insured". This Exclusion (8.) does not apply to "bodily injury" sustained while "occupying" a: a. "Private passenger auto"; b. "Pickup" or "van"; or c. "Trailer" used with a vehicle described in a. or b. above. 9. Caused by or as a consequence of: a. Discharge of a nuclear weapon (even if accidental); b. War (declared or undeclared); c. Civil war; d. Insurrection; and/or e. Rebellion or revolution. 10. From or as a consequence of the following, whether controlled or uncontrolled or however caused: 12
a. Nuclear reaction; b. Radiation; or c. Radioactive contamination. 11. Engaging or "occupying" any vehicle for the purpose of: (a) competing in, or (b) practicing or preparing for, any prearranged racing or speed contest, whether organized or not organized. 12. For any accident that occurs while "your covered auto" or any auto or any vehicle is being used in a "personal vehicle sharing program", "commercial ridesharing program" or a similar arrangement. Limit of Liability A. The limit of liability as shown in the Declarations page, which includes up to $2,500 for funeral expenses. B. No payment will be made under this coverage unless the injured person or his legal representative agrees in writing that any payment shall be applied toward any settlement or judgment that person receives under Part A Liability Coverage or Part C Uninsured Motorist Coverage provided by this policy. C. The limit of liability shown in the Declarations page for this coverage is our maximum limit of liability for each person injured in any one accident. This is the most "we" will pay regardless of the number of: 1. "Insureds"; 2. Claims made; 3. Vehicles or premiums shown in the Declarations page; or 4. Vehicles involved in the accident. D. No one will be entitled to receive duplicate payments for the same elements of loss under this coverage or PART and: 1. Part A or Part C of this policy; or 2. Any Underinsured Motorists Coverage provided by this policy. Reimbursement Agreement Offset Provision A. If payment is made under this coverage, to or on behalf of any person, such person agrees to reimburse "us" to the extent of such payment for the proceeds of: 1. any settlement of judgment that may result from the exercise of any rights of recovery of such person against any party that such person claims is responsible for bodily injury to the person or for which payment under medical expense coverage has been made; and/or 2. any payment received, or to be received, by or on behalf of an "insured" under the provisions of any (1) automobile or premises insurance affording benefits medical expenses, (2) individual blanket or group accident, disability or hospitalization insurance, (3) medical, surgical, hospital or funeral service, benefits or reimbursement plan, and (4) workers compensation or disability benefits law or any similar law. 13
B. The party, or his representative, whose act allegedly caused the injuries may be notified of this reimbursement agreement. C. If a judgment against, or settlement with, any party that the insured claimed was responsible for the bodily injury, has been concluded, the amount otherwise payable under this coverage shall be reduced by the amount of such judgment or settlement. "Insured", as used in this condition, means the person claiming benefits under Part B Medical Payments. D. On an excess basis, "we" will pay only our share of the loss that must be paid under insurance providing coverage on an excess basis. "Our" share is the proportion that our limit of liability bears to the total of all applicable limits of liability for coverage provided on an excess basis. Other Insurance A. If there is other applicable auto medical payments insurance "we" will pay only our share of the loss. Our share is the proportion that "our" limit of liability bears to the total of all applicable limits. However, any insurance "we" provide with respect to a vehicle "you" do not own, including any vehicle while used as a temporary substitute for "your covered auto", shall be excess over any other collectible auto insurance providing payments for medical or funeral expenses. B. If any applicable insurance other than this policy is issued to "you" by "us" or any other member company of CSE Insurance Group, the total amount payable among all such policies shall not exceed the limits provided by the single policy with the highest limits of liability. PART C UNINSURED MOTORISTS COVERAGE Insuring Agreement A. "We" will pay compensatory damages which an "insured" is legally entitled to recover from the owner or operator of an "uninsured motor vehicle" because of: 1. "Bodily injury" sustained by an "insured" and caused by an accident; and/or 2. "Property damage" caused by an accident if the Schedule or Declarations page indicates that "property damage" Uninsured Motorists Coverage applies to that auto. Only Items 1. and 4. under the definition of "uninsured motor vehicle" apply to "property damage." The owner's or operator's liability for these damages must arise out of the ownership, maintenance or use of the "uninsured motor vehicle". With respect to coverage under Item 2. of the definition of "uninsured motor vehicle", "we" will pay only after the limits of liability under any liability policies or bond applicable to the "uninsured motor vehicle" have been exhausted by payment of judgments or settlements. Any judgment for damages arising out of a suit brought without "our" written consent is not binding on "us". B. "Insured" as used in this Part means: 1. "You" or any "family member". 2. Any other person "occupying" "your covered auto" with "your" permission. 3. Any person for damages that person is entitled to recover because of "bodily injury" to which 14
this coverage applies sustained by a person in 1. or 2. above. However, with respect to coverage for "bodily injury", "insured" does not include any person who sustains "bodily injury" while "your covered auto" is being: (a) as a public or livery conveyance; (b) to carry persons or property for a fee; or (c) for retail or wholesale pickup or delivery of any kind, including but not limited to, pizza, newspaper, food, or any other products. This exception does not apply to a share-the-expense car pool.. 4. "Insured" does not mean any person while "occupying", operating, or using "your covered auto", any car, or any vehicle that is available for hire or while using a car that is part of a "personal vehicle sharing program", "commercial ridesharing program" or similar arrangement. C. "Property damage" as used in this PART or endorsement means injury to or destruction of "your covered auto". However, "property damage" does not include: 1. Loss of use of "your covered auto"; or 2. Damage to personal property contained in "your covered auto" other than a child passenger restraint system that: a. Meets the applicable federal motor vehicle safety standards, and b. Was in use by a child, or was damaged, at the time of the accident for which this coverage applies. D. "Uninsured motor vehicle" means a land motor vehicle or trailer of any type: 1. To which no liability bond or policy applies at the time of the accident. 2. Which, with respect to damages for "bodily injury" only, is an underinsured motor vehicle. An underinsured motor vehicle is one to which a liability bond or policy applies at the time of the accident but its limit for liability is less than the limit of liability for this coverage. 3. Which, with respect to damages for "bodily injury" only, is a hit-and-run vehicle whose owner or operator cannot be identified and which makes physical contact with: a. "You" or any "family member"; b. A vehicle which "you" or any "family member" is "occupying"; or c. "Your covered auto". 4. To which a liability bond or policy applies at the time of the accident but the bonding or insuring company: a. Denies coverage; b. Refuses to admit coverage except conditionally or with reservation; or c. Is or becomes insolvent within one year of the date of the accident. With respect to coverage for "property damage", the accident must involve direct physical contact between "your covered auto" and the "uninsured motor vehicle", and: 1. The owner or operator of the "uninsured motor vehicle" must be identified; or 2. The "uninsured motor vehicle" must be identified by its license number. However, "uninsured motor vehicle" does not include any vehicle or equipment: 15
1. Owned by "you" or any "family member" unless the vehicle is being operated, or caused to be operated, by a person without the consent of the owner of such vehicle in connection with criminal activity that has been documented in a police report. 2. Furnished or available for the regular use of "you" or any "family member". 3. Owned or operated by a self-insurer under any applicable motor vehicle law, except a selfinsurer which is or becomes insolvent. 4. Owned by the United States of America, Canada, a state or political subdivision of any of those governments or an agency of any of the foregoing. 5. Designed or modified for use primarily off public roads while not on public roads. 6. Used as a residence or premises. 7. Operated on rails or crawler treads. Exclusions A. "We" do not provide Uninsured Motorists Coverage for "bodily injury" sustained: 1. By an "insured" while "occupying", or when struck by: a. Any motor vehicle; or b. A trailer of any type used with a motor vehicle; owned by that "insured" which is not insured for this coverage under this policy. 2. By any "family member" while "occupying" or when struck by any motor vehicle "you" own which is insured for this coverage on a primary basis under any other policy. However, this Exclusion (A.) shall not apply to "bodily injury" sustained by an "insured" when struck by any motor vehicle or trailer: 1. Owned by that "insured"; and 2. Being operated, or caused to be operated, by a person without that "insured's" consent in connection with criminal activity that has been documented in a police report and that "insured" is not a party to the criminal activity. B. "We" do not provide Uninsured Motorists Coverage for "bodily injury" or "property damage" sustained by any "insured": 1. If that "insured" or the legal representative settles the "bodily injury" or "property damage" claim without "our" consent or if such settlement prejudices "our" right to recover payment. This Exclusion (B.1.) does not apply to a settlement made with the insurer of a vehicle described in Section 2. of the definition of "uninsured motor vehicle". 2. Using a vehicle without a reasonable belief that that "insured" is entitled to do so. This Exclusion (B.2.) does not apply to a "family member" using "your covered auto" which is owned by "you". 3. While "occupying" a motor vehicle rented or leased to that "insured" for use: (a) as a public or livery conveyance; (b) to carry persons or property for a fee; or (c) for retail or 16
wholesale pickup or delivery of any kind, including but not limited to, pizza, newspaper, food, or any other products. This Exclusion (B.3.) does not apply to a share-the-expense car pool. C. "We" do not provide Uninsured Motorists Coverage for "property damage" sustained by any "insured" while "occupying" or when struck by any motor vehicle owned by "you" or any "family member" which is not insured for this coverage under this policy. D. "We" do not provide Uninsured Motorists Coverage to any insured for "bodily injury" or "property damage" for any accident that occurs while "your covered auto" or any auto or any vehicle is being used in a "personal vehicle sharing program", "commercial ridesharing program" or a similar arrangement. E. This coverage shall not apply: 1. To "property damage" to: a. A trailer of any type; b. Any motor vehicle owned by "you" to which Collision Coverage applies under this policy; or c. Any other motor vehicle to the extent that there is valid and collectible Collision Coverage applicable to that damage under any other policy. 2. Directly or indirectly to benefit: a. Any insurer or self-insurer under any of the following or similar law: (1) Workers' compensation law; or (2) Disability benefits law. b. Any insurer of property. 3. Directly to the benefit of the United States or any state or political subdivision thereof. F. "We" do not provide Uninsured Motorists Coverage for punitive or exemplary damages. G. "We" do not provide Uninsured Motorists Coverage for "property damage" sustained by any "insured" if the owner, operator, or license plate number of the "uninsured motor vehicle" cannot be identified. Limit of Liability A. The applicable limits of "bodily injury" liability or "property damage" shown in the Schedule or in the Declarations page for each person or accident for Uninsured Motorists Coverage is "our" maximum limit of liability for all damages, including damages for care, loss of services or death, arising out of "bodily injury" sustained by any one person or "property damage" in any one accident. Subject to this limit for each person, the limit of Bodily Injury Liability shown in the Schedule or in the Declarations page for each accident for Uninsured Motorists Coverage is "our" maximum limit of liability for all damages for "bodily injury" resulting from any one accident. Our maximum limit of liability for all damages for "property damage" under this Part resulting from any one accident will be the lesser of: 1. The limit of "property damage" liability for Uninsured Motorists Coverage (UM-PD) shown 17
in the Declarations page; 2. The actual cash value of "your covered auto"; or 3. The amount of any deductible if there is valid and collectible "Collision" coverage under any other policy. An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of the loss. The limit of "bodily injury" liability (uninsured motorist BI) or "property damage" liability (uninsured motorist PD) shown in the Declarations page under this Part is the most "we" will pay regardless of the number of: 1. "Insureds"; 2. Claims made; 3. Vehicles or premiums shown in the Declarations page; or 4. Vehicles involved in the accident. B. With respect to coverage under Item 2. of the definition of "uninsured motor vehicle", the limit of liability shall be reduced by all sums paid because of the "bodily injury" by or on behalf of persons or organizations who may be legally responsible. This includes all sums paid under Part A of the policy. C. No one will be entitled to receive duplicate payments for the same elements of loss under this coverage or PART and: 1. Part A or Part B of this policy; or 2. Any Underinsured Motorists Coverage provided by this policy. D. "We" will not make a duplicate payment under this coverage for any element of loss for which payment has been made by or on behalf of persons or organizations who may be legally responsible. E. "We" will not pay for any element of loss if a person is entitled to receive payment for the same element of loss under any workers' compensation law exclusive of non-occupational disability benefits. F. With respect to "property damage" under this PART, the limit of liability shall be reduced by all sums paid because of the "property damage" by or on behalf of persons or organizations who may be legally responsible. Other Insurance If there is other applicable insurance available under one or more policies or provisions of coverage that is similar to the insurance provided under this Part of the policy: 1. Any recovery for damages under all such policies or provisions of coverage may equal but not exceed the highest applicable limit for any one vehicle under any insurance providing coverage on either a primary or excess basis. 2. Any insurance "we" provide with respect to a vehicle "you" do not own, including any 18
vehicle while used as a temporary substitute for "your covered auto", shall be excess over any collectible insurance providing such coverage on a primary basis. 3. If the coverage under this policy is provided: Arbitration a. On a primary basis, "we" will pay only "our" share of the loss that must be paid under insurance providing coverage on a primary basis. "Our" share is the proportion that "our" limit of liability bears to the total of all applicable limits of liability for coverage provided on a primary basis. b. On an excess basis, "we" will pay only "our" share of the loss that must be paid under insurance providing coverage on an excess basis. "Our" share is the proportion that our limit of liability bears to the total of all applicable limits of liability for coverage provided on an excess basis. A. If "we" and an "insured" do not agree: 1. Whether that person is legally entitled to recover damages under this coverage; or 2. As to the amount of damages; then the matter will be settled by arbitration. Such arbitration may be initiated by a written demand for arbitration made by either party. The arbitration shall be conducted by a single neutral arbitrator. With respect to "property damage", arbitration proceedings must be formally instituted by the "insured" within one year from the date of the accident. The decision made by the arbitrator may be entered in any court having jurisdiction. Disputes concerning coverage under this part may not be arbitrated. B. Each party will: 1. Pay the expenses it incurs; and 2. Bear the expenses of the arbitrator equally. C. Any decision of the arbitrator will be binding as to: 1. Whether the "insured" is legally entitled to recover damages; and 2. The amount of damages. PART D COVERAGE FOR DAMAGE TO YOUR AUTO Insuring Agreement A. "We" will pay for direct and accidental loss to "your covered auto" or any "non-owned auto", including their equipment, minus any applicable deductible shown in the Declarations page. If loss to more than one "your covered auto" or "non-owned auto" results from the same "collision", only the highest applicable deductible will apply. "We" will pay for loss to "your covered auto" caused by: 1. "Collision" only if the Declarations page indicate that "Collision" coverage is provided for that auto.; or 19
2. Other than "collision" (that is, "Comprehensive" coverage) only if the Declarations page indicate that "Comprehensive" coverage is provided for that auto. If there is a loss to a "non-owned auto", "we" will provide the broadest coverage applicable to any "your covered auto" shown in the Declarations page. B. If "your" policy provided "Collision" or "Comprehensive" coverage, and at the time of a loss "your covered auto" is operated by a person other than an "insured" as defined in this Part, a $1,000 deductible will apply besides any other applicable policy deductible shown on the Declarations page for the coverage. C. "Collision" means the upset of "your covered auto" or a "non-owned auto" or their impact with another vehicle or object. D. "Comprehensive" loss as used in this Part means upset of "your covered auto" or a "non-owned auto" caused by: 1. Missiles or falling objects; 2. Fire; 3. Theft or larceny; 4. Explosion; 5. Earthquake; 6. Windstorm; 7. Hail, water or flood; 8. Malicious mischief or vandalism; 9. Riot or civil commotion; 10. Contact with bird or animal; or 11. Breakage of glass. If breakage of glass is caused by a "collision" "you" may elect to have it considered a loss caused by "collision". E. "Insured" as used in this Part means (a) with respect to "your covered auto" (1) the "named insured" and any "family member", and (2) any person or organization, other than a person or organization engaged in the automobile business or as a carrier or other bailee for hire, maintaining, using or having custody of said auto with the permission of the "named insured" provided that the person operating the "your covered auto" is not an unlisted "family member"; and (b) with respect to a "non-owned auto", the "named insured" and any "family member", provided the actual use thereof is with the permission of the owner. "Insured" does not mean any person while "occupying", operating, or using "your covered auto", any car, or any vehicle that is available for hire or while using a car that is part of a "personal vehicle sharing program", "commercial ridesharing program" or similar arrangement. F. "Non-owned auto" as used in this Part means: 1. Any "private passenger auto", "pickup", "van" or "trailer" not owned by or furnished or available for the regular use of "you" or any "family member" while in the custody of or being 20
operated by "you" or any "family member"; or 2. Any "private passenger auto", "pickup", "van" or "trailer" "you" do not own while used as a temporary substitute for "your covered auto" which is out of normal use because of its: a. Breakdown; b. Repair; c. Servicing; d. Loss; or e. Destruction. G. Public Employee Educators Program 1. A "public employee educator" is a (a) public employee or civil servant credentialed as a teacher or educational administrator by the State of California Commission on Teacher Credentialing and employed by a public school or school board; (b) college or university teacher or professor employed by a public university or college; or (c) retiree from groups (a) or (b). 2. If vandalism or "Collision" loss occurs at a school event while the vehicle of the "public employee educator" who is an "insured" is parked, "we" will waive the "insured s" deductible. Transportation Expenses A. In the event of a loss to "your covered auto" or "non-owned auto" for which "we" are obligated to make payment under this Part, "we" will pay, without application of a deductible, up to a maximum of $400 for: 1. Temporary transportation expenses not exceeding $25 per day incurred by an "insured" in the event of a loss to "your covered auto". "We" will pay for such expenses if the loss is caused by: a. Other than "Collision" only if the Declarations indicate that "Comprehensive" coverage is provided for that auto. b. "Collision" only if the Declarations indicate that "Collision" coverage is provided for that auto. 2. Temporary transportation expenses not exceeding $25 per day for which "you" become legally responsible in the event of loss to a "non-owned auto". "We" will pay for such expenses if the loss is caused by: a. Other than "Collision" only if the Declarations indicate that "Comprehensive" coverage is provided for any "your covered auto". b. "Collision" only if the Declarations indicate that "Collision" coverage is provided for any "your covered auto". In the event of a loss under this coverage, it is required that "you" notify "us" of the loss as soon as possible and furnish "us" with proof of the amount of expenses actually incurred. B. In the event of a loss to "your covered auto" or "non-owned auto" for which "we" are obligated to make payment under this Part and if "you" have purchased and paid Enhanced Rental Reimbursement coverage as shown in the Declarations page, "we" agree to reimburse "you" up to 21
the amount shown on the Declarations page for this coverage per day for actual incurred expenses, not to exceed a maximum shown on the Declarations page and only for the period of time which is reasonably required to repair or replace "your covered auto". C. Subject to the provisions of Paragraph A., if the loss is caused by: 1. A total theft of "your covered auto" or a "non-owned auto", "we" will pay only expenses incurred during the period: a. Beginning 48 hours after the theft; and b. Ending when "your covered auto" or the "non-owned auto" is returned to use or "we" pay for its loss. 2. Other than theft of a "your covered auto" or a "non-owned auto", "we" will pay only expenses beginning when the auto is withdrawn from use for more than 24 hours. "Our" payment will be limited to that period of time reasonably required to repair or replace the "your covered auto" or the "non-owned auto". Additional Payments A. If "your covered auto" has a "Comprehensive" coverage, "we" will pay for the resulting loss of clothing and luggage belonging to "you" or a "family member". "We" will also pay for professional clothing and equipment of a public employee. Maximum payment of $250 is the total payment for each direct and accidental loss not subject to deductible. B. If "your" policy has "Collision" coverage, "we" will provide "Collision" coverage to a golf cart owned by "you" or "family member". The limit for this coverage is $1,500 per accident. This coverage shall be excess over any other collectible insurance. Exclusions A. "We" will not pay for: 1. Loss to "your covered auto" or any "non-owned auto" which occurs while it is being used: (a) as a public or livery conveyance; (b) to carry persons or property for a fee; or (c) for retail or wholesale pickup or delivery of any kind, including but not limited to, pizza, newspaper, food, or any other products. This Exclusion (A.1.) does not apply to a share-the-expense car pool.. 2. Damage due and confined to: a. Wear and tear; b. Freezing; c. Mechanical or electrical breakdown or failure; or d. Road damage to tires. This Exclusion (A.2.) does not apply if the damage results from the total theft of "your covered auto" or any "non-owned auto". 3. Loss due to or as a consequence of: a. Radioactive contamination; 22
b. Discharge of any nuclear weapon (even if accidental); c. War (declared or undeclared); d. Civil war; e. Insurrection; or f. Rebellion or revolution. 4. Loss to aftermarket equipment designed for transmission or reproduction of sound, unless the equipment is permanently installed in "your covered auto", but limited to $1,000. 5. Loss to tapes, records, disks or other devices and media used with equipment designed for reproduction of sound. 6. Loss to: a. A "trailer", camper body, or motor home, which is not shown in the Declarations page; or b. Facilities or equipment used with such "trailer", camper body or motor home. Facilities or equipment include but are not limited to: (1) Cooking, dining, plumbing or refrigeration facilities; (2) TV antennas; (3) Awnings or cabanas; or (4) Any other facilities or equipment used with a "trailer", camper body, or motor home to create additional living facilities. This Exclusion (6.a.) does not apply to a: a. "Trailer", camper body, or the facilities or equipment in or attached to the "trailer" or camper body, which you: (1) Acquire during the policy period; and (2) Ask "us" to insure within 30 days after "you" become the owner; or b. A cap, shell, cover or bed liner in or upon any your covered auto which is a pick-up. 7. Loss to any custom furnishings or equipment in or upon any "private passenger auto", "pickup" or "van" customized by the installation of one or more of the following that were not permanently installed at purchase or considered other than original equipment from the manufacturer: a. Wheelchair lifts and accessibility customizations; b. Special carpeting, furniture or insulation; c. Engine, drive train, suspension, mechanical or body components intended to enhance vehicle performance or appearance; d. Custom murals, paintings or other decals or graphics; e. Chrome, reverse chrome, alloy or magnesium wheels or chrome engine accessories; or f. T-bar roofs, roll bars, light bars and grille guards. 23