LYNDON SOUTHERN INSURANCE COMPANY A.M. Best #: 012167 NAIC #: 10051 FEIN #: 431754760 10151 Deerwood Park Blvd., Bldg 100 Ste 330, Jacksonville, FL 32256 Administered By: Sun Coast General Insurance Agency, Inc. PO Box 30750, Laguna Hills, CA 92654-0750 Customer Service: 949-768-1180 Claims: 866-601-4726 Utah Personal Automobile Policy This Policy is a legal contract between you and us. This Policy, Declarations, Application and Endorsements contain the full terms of the agreement. You have made a written application incorporated by reference. Each and every statement of fact contained in the application is hereby represented by you to be true, including your express promise to pay all premiums due (subject to the mandatory seven (7) day grace period). The application and the particulars and statements contained thereto are hereby agreed to be the basis of this Policy, and should any of these statements not be true, the Policy may be subject to cancellation based upon the current Utah Insurance Code. This is your new Personal Auto Insurance Policy. The Policy is written in simplified language you can understand. PLEASE READ YOUR POLICY CAREFULLY it contains the full terms of our agreements. If there is any question concerning your Policy, please call your producer or Company. THESE POLICY PROVISIONS WITH THE DECLARATIONS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THIS POLICY. IMPORTANT NOTICE The insured has made LYNDON SOUTHERN INSURANCE COMPANY (hereinafter called the Company) a written application incorporated by reference. Each and every statement of fact contained in the application, or any subsequent application or endorsement, is hereby represented by the insured to be true. The application and the particulars and statements contained therein are hereby agreed to be the basis of this Policy, and any renewals of this Policy, and shall any of these statements be 1. fraudulent and 2. material either to the acceptance of the risk, or to the hazard assumed by the Company and 3. such that the Company in good faith would either not have issued the Policy, or would not have issued a Policy in as large an amount, or would not have provided coverage with respect to the hazard resulting in the loss, if the true facts had been made known to the Company as required either by the application for the Policy or otherwise this Policy may be declared void from its inception date by the Company. However, liability coverage equal to the Financial Responsibility minimums of the State of Utah shall not be cancelled by any agreement between the insurer and the insured after the occurrence of any injury, death or damage for which the insured may be liable. This Policy does not provide any coverage for any loss that occurs within the Republic of Mexico. Please refer to the MEXICO WARNING below. MEXICO WARNING Unless you have automobile insurance written by a Mexican insurance company, you may spend many hours or days in jail, if you have an accident in Mexico. Insurance coverage should be secured from a company licensed under the laws of Mexico to write such insurance in order to avoid complications and some other penalties possible under the laws of Mexico, including the possible impoundment of your automobile. AP01UT0115 Includes copyrighted material of ISO, used with its permission Page 1 of 22
AGREEMENT This is a binding contract between you and us. The contract consists of this Utah Personal Auto Policy document, the Declarations, endorsements, the application and all attachments to this Policy. Upon premium payment, we will insure you subject to the terms of this Policy. The Declarations shows a premium for each type of coverage purchased. The selected coverages in this Policy apply only to accidents while the Policy is in force. This Policy contains all of the agreements between you and us and any of our agents. The terms of the Policy cannot be modified by any oral agreement. Any waiver or change of any provision of this Policy must be in writing by us to be valid. GENERAL DEFINITIONS Certain words and phrases are defined by using boldface type. The defined terms have the same meaning whether in the singular, plural, or any other form. They are defined as follows: 1. You and your refer to: a. The named insured shown on the Declarations; and b. The spouse of the named insured shown on the Declarations, if a resident of the same household. 2. We, us and our refer to the insurance company providing this insurance, as shown on the Declarations. 3. Accident means a sudden, unexpected, and unintended event during the policy period that arises out of the ownership, maintenance, or use of an auto as an auto, and that causes bodily injury or property damage. All bodily injury and property damage arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one (1) accident. 4. Actual cash value means market value immediately prior to the loss based upon vehicle mileage, age, condition, original optional equipment, and comparable vehicles available for sale within a reasonable geographic radius as documented in a database of publications and dealerships, less depreciation or betterment. 5. Additional auto means an auto that you become the owner of that is in addition to any auto shown on the Declarations, if: a. The auto is acquired or purchased during the policy period; b. No other insurance policy provides coverage for that auto; c. You ask us to insure the additional automobile no more than four (4) days after you became the owner of the auto; and d. We insure all autos in your household. An additional auto will have the broadest coverage we provide for any your covered auto shown on the Declarations. If this Policy does not provide PART D COVERAGE FOR DAMAGE TO YOUR AUTO on any your covered auto, the Policy will provide PART D coverage subject to a $500 deductible provided you ask us to insure the additional auto no more than four (4) days after you become the owner of the auto. Neither a replacement auto nor a substitute auto is an additional auto. 6. Aftermarket parts means replacement auto parts not made by the original manufacturer of the vehicle or by a manufacturer authorized by the original manufacturer to use its name or trademark. 7. Application means the documents you completed that contains statements, coverage selection forms, and agreements, and upon which we rely to issue your Policy. 8. Auto means a licensed and registered motorized four-wheel land vehicle of the private passenger type intended for use on public roads. Auto includes a pickup, van, or sport utility vehicle, with a load capacity of 1500 lbs. or less. Auto does not include: a. Step-vans, parcel delivery vans, cargo cutaways vans or other vans with the cab separate from the cargo area; b. Motorcycles, midget cars, or golf carts; c. Tractors or farm machinery; d. Any vehicle operated on rails or crawler treads; or e. Any vehicle used as a residence or premises. 9. Auto business means the business of selling, leasing, repairing, servicing, delivering, testing, road testing, towing, storing, or parking vehicles or trailers. 10. Betterment means: a. Any increase in the value of the vehicle, when repair of prior damage increases the value of the vehicle to a condition that was better than it was prior to the accident; and b. The value of the increase of useful life of replaced parts that have a useful life shorter than the vehicle's useful life. 11. Bodily injury means injury to the human body, sickness or disease, including death resulting from bodily harm, sickness or disease, but does not include sexually transmitted diseases. AP01UT0115 Includes copyrighted material of ISO, used with its permission Page 2 of 22
12. Business means any full or part-time trade, profession, commercial enterprise, occupation, job or any activity for compensation, but shall not include the use of your covered auto when used to carry tools or supplies between your home and workplace or job site. 13. Declarations means the document you receive from us showing the named insured and address, the your covered autos insured by this Policy, the coverages that apply to this Policy, the limit for each coverage, the premium for each coverage, the policy period, and other information applicable to this Policy. 14. Deductible is that sum which is shown on the Declarations and will be deducted from the amount of the loss. 15. Depreciation means the loss of value caused by physical, technological, social, or location deterioration. 16. Diminution of value means the difference in the actual cash value of the your covered auto immediately before and after a loss. 17. Excluded driver means a person shown on the Declarations and to whom coverage does not apply, as stated by endorsement to this Policy. A listed driver is never an excluded driver. 18. Family member means a person related to you by blood, marriage, adoption, or guardianship, including a ward or foster child. Family members include those who usually make their home in the same household but temporarily live elsewhere; and children or dependents with shared residence or guardianship. 19. Listed driver means a person shown on the Declarations that you declare to be an operator of a your covered auto. An excluded driver is never a listed driver. 20. Loss means sudden, direct, and accidental damage to, or theft of the your covered auto: a. Including its original equipment which is permanently installed at the factory by the vehicle manufacturer at time of original purchase of the vehicle; and b. When CUSTOMIZING EQUIPMENT COVERAGE applies to a your covered auto, custom and additional equipment as used in PART D. 21. Named insured means the person or persons shown on the Declarations as the named insured. 22. Non-owned auto means any auto 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 operated by, you or any family member. Non-owned auto does not include a vehicle that is not in the lawful possession of the person operating it. 23. Occupying means: a. Being in or upon a vehicle as a passenger or operator; or b. Engaged in the immediate act of entering, boarding or alighting from a vehicle. 24. Own means to hold actual legal title to the auto, to have legal possession of the auto that is subject to a conditional sale agreement or to have legal possession of the auto that was leased to that person. 25. Owner means any person who, with respect to a vehicle, holds legal title to the vehicle, has legal possession of the vehicle that is subject to a conditional sale agreement or has legal possession of the vehicle that is leased to that person. 26. Personal vehicle sharing program means the sharing of an auto for commercial or non- commercial use including, but not limited to, use of an auto while being operated on behalf of a passenger procurement company such as Uber, Lyft, Sidecar, etc. A passenger procurement company is an organization whether a corporation, partnership, sole proprietor or other form that provides transportation services and connects passengers with drivers using their personal auto for which the driver receives compensation or a fee. Coverage under this Policy is not provided during the following time periods: a. While available for hire; b. When a match is accepted; or c. When a passenger has been picked up and is being driven to his or her destination. 27. Premium payment means the actual receipt of funds by us. 28. Property damage means physical injury to or destruction of tangible property, including loss of its use. 29. Racing means participating in any race, speed, demolition, stunt, or timed contest or activity, whether organized or not. Racing includes preparation for the contest or activity. 30. Replacement auto means an auto that you become the owner of that permanently replaces a your covered auto shown on the Declarations if: a. The auto is acquired or purchased during the policy period; b. No other insurance policy provides coverage for that auto; c. All the autos in your household are insured by us; and d. The auto has never been owned by or registered to you, your family member, a resident a listed driver, or a corporation in which the combined interest of you, your spouse, and your relatives exceeds twenty percent (20%). A replacement auto have the identical coverages of the your covered auto permanently replaced. All insurance for the auto being replaced ends when you take delivery of the replacement auto. AP01UT0115 Includes copyrighted material of ISO, used with its permission Page 3 of 22
If this Policy does not provide PART D on the replaced your covered auto, the Policy will provide PART D coverage subject to a $500 deductible provided you ask us to insure the replacement automobile no more than four (4) days after you became the owner of the auto. Neither an additional auto nor a substitute auto is a replacement auto. 31. Resident means a person living in your household, other than you or a family member. 32. State means the District of Columbia and any State of the United States of America, and Canada. 33. Substitute auto means an auto an insured person uses temporarily while the your covered auto shown on the Declarations is not available for use. a. Use of the substitute auto must result directly from servicing, repair, theft, destruction, or malfunction of the your covered auto shown on the Declarations. b. Substitute auto does not include any vehicle that is owned by you, a family member or a resident, or that is regularly available to you, a resident or a relative. c. A substitute auto will have the identical coverages of the your covered auto not available for use. d. Neither an additional auto nor a replacement auto is a substitute auto. 34. Trailer means a device or vehicle which is not self-propelled and is designed to be towed by an auto and while being towed by an auto. Trailer also means a farm wagon or implement. The following vehicles are not trailers: a. Mobile homes, travel trailers, camper trailers, or any vehicles that can be lived in, whether or not selfpropelled, is not a trailer. b. Other trailers used for commercial purposes including as an office, a store or display purposes, or to transport passengers. 35. Vehicle means a surface transportation device used for conveying goods, passengers, or equipment. 36. Your covered auto means: a. Any auto shown on the Declarations for the coverages applicable to that auto; b. Any additional auto; c. Any replacement auto; d. A substitute auto; or e. Any trailer owned by you while attached to your covered auto. PART A LIABILITY COVERAGE INSURING AGREEMENT If the Declarations shows a premium charged and there is a premium payment for these coverages, we will pay compensatory damages up to the limit of liability shown on the Declarations for bodily injury and property damage for which an insured person is legally liable because of an accident. Damages include prejudgment interest awarded against an insured person. We will settle or defend, at our expense and as we consider appropriate, any claim or suit asking for these damages. Attorneys selected by us will provide a defense to such suit after it is tendered to us. Our duty to settle or defend ends when our limit of liability for this coverage has been exhausted by payment, settlement or judgment. We have no duty to defend any suit or settle any claim for bodily injury or property damage not covered under this Policy. We may recover from an insured person any amounts we have paid to defend the insured person in a lawsuit if it is determined that we had no duty to defend the insured person. SUPPLEMENTARY PAYMENTS In addition to our limit of liability, we will pay on behalf of an insured person: 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. 3. Interest accruing after a judgment is entered in any suit we defend. Our duty to pay interest ends when we have paid, offered to pay, or deposited into court, that part of the judgment that does not exceed our limit of liability for this coverage. 4. Up to $200 a day for loss of earnings, but not other income, because of attendance at hearings or trials at our request. 5. Other reasonable expenses incurred at our request. AP01UT0115 Includes copyrighted material of ISO, used with its permission Page 4 of 22
ADDITIONAL DEFINITIONS When used in this PART A: 1. Insured person means: a. You, any family member or a listed driver with respect to an accident arising out of the ownership, maintenance or use of your covered auto or non-owned auto; b. Any person with respect to an accident arising out of that person s maintenance or use of your covered auto with your express or implied permission; and c. Any person or organization vicariously liable for the acts or omissions of a person described in paragraph a. or b. above. 2. Minimum statutory limits means the minimum motor vehicle liability coverage required by the financial responsibility laws of Utah, which are: a. $25,000 for bodily injury to one person arising out of the use of a motor vehicle in any one accident; b. Subject to this limit for bodily injury to one person, a limit of $65,000 for bodily injury to two (2) or more persons arising out of the use of a motor vehicle in any one accident; and c. $15,000 because of liability for property damage arising out of the use of a motor vehicle in any one accident. EXCLUSIONS THAT APPLY TO PART - A LIABILITY COVERAGE We do not provide PART - A LIABILITY COVERAGE and we have no duty to settle or defend any claim or lawsuit: 1. For bodily injury or property damage caused intentionally by, or at the direction of, any insured person, even if the actual injury or damage is different than that which was intended or expected. However, this Exclusion 1. shall only apply to those damages for bodily injury or property damage in excess of the minimum statutory limits; 2. For damage to property owned by, bailed to, used by, being transported by, or in the care, custody or control of an insured person. This Exclusion 2. does not apply to damage to a residence or private garage. 3. For bodily injury to an employee of an insured person during the course of employment or while engaged in the operation, maintenance or repair of any vehicle. This Exclusion 3. does not apply to bodily injury to a domestic employee unless workers' compensation benefits, disability benefits or similar benefits are required or available for that domestic employee. 4. For bodily injury or property damage arising out of the ownership, maintenance or operation of any vehicle while it is being used to carry persons or property for compensation or a fee, including but not limited to the pickup or delivery or return from a pick-up or delivery of products, documents, newspapers, or food. This Exclusion 4. does not apply to a share-the-expense car pool. 5. For bodily injury or property damage arising out of the ownership, maintenance or use of any vehicle by a person who is employed or otherwise engaged in the business of selling, repairing, storing, parking, or servicing vehicles. This includes road testing and delivery. 6. For bodily injury or property damage arising out of the maintenance or use of any vehicle while an insured person is employed or otherwise engaged in any business not described in Exclusion 5. above. This Exclusion 6. does not apply to the maintenance or use of a: a. Private passenger auto; or b. Pickup or van that: (1) You own; (2) Is a substitute auto; or c. Trailer used with a vehicle described in paragraph b.(1). or b.(2) above. 7. For bodily injury or property damage arising out of any person s use of a vehicle without the owner s express or implied permission. This Exclusion 7. does not apply to a family member using your covered auto that is owned by you. 8. For bodily injury or property damage above the minimum statutory limits, caused by a vehicle driven by a person: a. Who does not possess a valid driver s license; b. Who has had their driving privileges rescinded or revoked; or c. Who has been a resident of your household for more than thirty (30) days at the time of the accident and is not a listed driver. 9. For bodily injury or property damage for which an insured person: 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: AP01UT0115 Includes copyrighted material of ISO, used with its permission Page 5 of 22
a. American Nuclear Insurers; b. Mutual Atomic Energy Liability Underwriters; or c. Nuclear Insurance Association of Canada. 10. For bodily injury to you or any family member, including whenever the ultimate benefits of that indemnification accrue directly or indirectly to you or a family member. However, if you or a family member causes the bodily injury, then this Exclusion 10. shall not apply. 11. For punitive, exemplary, multiple damages, fines, penalties, or restitution. 12. For liability assumed by an insured person under any contract or agreement. 13. Arising out of the ownership, maintenance or use of any vehicle, other than your covered auto which is: a. Owned by you; or b. Furnished or available for your regular use. 14. Arising out of the ownership, maintenance or use of any vehicle, other than your covered auto, which is: a. Owned by any family member or any person who is a listed driver or excluded driver; or b. Furnished or available for the regular use of any family member or any person who is a listed driver or excluded driver. This Exclusion b. does not apply to your maintenance or use of such vehicle. 15. For bodily injury or property damage arising out of the ownership or operation of any vehicle while it is being used in any racing, speed, or demolition event or contest or stunting activity or in preparation for such an event, contest, or activity. This Exclusion 15. applies regardless of whether the event, contest, or activity is pre-arranged or not. 16. For bodily injury or property damage arising out of the ownership or operation of any vehicle while it is being used to commit a felony or other criminal activity. This Exclusion 16. applies regardless of whether the insured person is actually charged with, or convicted of, a crime. 17. For bodily injury or property damage arising out of the ownership or operation of any vehicle while it is being used to flee a law enforcement agent or crime scene. 18. For any obligation for which the United States Government is liable under the Federal Tort Claims Act. 19. Arising out of the ownership, maintenance or use of your covered auto while it is rented to or leased to another. 20. Arising out of the ownership, maintenance or use of any vehicle that is principally designed for use off public roads. LIMIT OF LIABILITY The bodily injury liability limit for each person shown on the Declarations is the maximum we will pay for bodily injury sustained by any one person in any one accident, including all derivative claims. Subject to the bodily injury liability limit for each person, the bodily injury liability limit for each accident shown on the Declarations is the maximum we will pay for bodily injury sustained by two (2) or more persons in any one accident. The property damage liability limit for each accident shown on the Declarations is the maximum we will pay for all property damage arising out of any one accident. The limit of liability shown on the Declarations is the most we will pay regardless of the number of vehicles involved in the accident, insured persons, claims made, lawsuits brought, premiums paid, or the number of vehicles or premiums shown on the Declarations. No one is entitled to duplicate payments for the same element of damages. Any amount payable under PART A to a person for bodily injury shall be reduced by all sums paid to that person, or for their benefit, under PART B PERSONAL INJURY PROTECTION COVERAGE and PART C UNINSURED AND UNDERINSURED MOTORIST COVERAGE. OUT OF STATE COVERAGE If an accident to which this PART A 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: 1. If the State or Province has a financial responsibility or similar law requiring a nonresident to maintain limits of liability for bodily injury or property damage higher than the limit shown on the Declarations, your Policy will provide the higher specified limit. 2. 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. If, due to certification as future proof of financial responsibility we are required to pay a claim that would otherwise have not been covered under this PART A, you agree to reimburse us to the extent of that payment. AP01UT0115 Includes copyrighted material of ISO, used with its permission Page 6 of 22
OTHER INSURANCE Any insurance we provide under this PART A shall be excess over any other collectible insurance except for the insurance we provide for the ownership, maintenance and use of your covered auto. If other insurance with the same priority applies, 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. We will provide primary coverage for a vehicle that is not your covered auto if the vehicle is insured under a policy providing coverage to an insured person engaged in the business of selling, leasing, testing, repairing, servicing, washing, delivering, storing or parking of motor vehicles. This provision applies only if an insured person is: 1. Operating the vehicle; and 2. Neither the person engaged in such business nor that person s employee or agent. However, if the vehicle is a rental private passenger motor vehicle, then the following priorities of recovery will apply: 1. Any source of recovery purchased by you or a family member from the owner of the rental private passenger motor vehicle shall be primary. 2. Any policy providing liability coverage to you or a family member shall be secondary. PART B PERSONAL INJURY PROTECTION COVERAGE INSURING AGREEMENT If the Declarations shows a premium charged and there is a premium payment for this coverage, we will pay personal injury protection benefits to or for an insured person who sustains bodily injury. The bodily injury must be caused by an accident. Subject to the limits shown on the Declarations, personal injury protection benefits consist of the following: 1. Reasonable medical expenses incurred for any necessary: a. Medical, surgical, x-ray, dental and rehabilitation services; and b. Prosthetic devices, ambulance, hospital and nursing services. This includes any non-medical remedial care and treatment rendered in accordance with a recognized religious method of healing. Medical expenses do not include expenses in excess of those for a semiprivate room, unless more intensive care is medically required; 2. Work loss, including: a. Loss of income and earning capacity by an insured person during his lifetime because of the inability to work during a period beginning three (3) days after the date of loss of income and earning capacity resulting from the bodily injury and continuing for a maximum of fifty-two (52) consecutive weeks. The three (3) day waiting period shall not apply if the insured person's inability to work continues for more than a total of two (2) consecutive weeks after the date of loss of income and earning capacity resulting from the bodily injury; b. An allowance for services actually rendered or expenses reasonably incurred for services an insured person would have performed during his lifetime for his household had he not sustained bodily injury. This allowance begins three (3) days after the date of bodily injury and continues for a maximum of 365 consecutive days. The three (3) day waiting period shall not apply if the insured person s inability to perform such services continues for more than two (2) consecutive weeks after the date of bodily injury; 3. Funeral, burial or cremation expenses; and 4. Survivors' loss compensation because of an insured person's death. We will pay survivors' loss only to natural persons who are the insured person s heirs. ADDITIONAL DEFINITIONS When used in this PART B, insured person means: 1. You, any family member who sustains bodily injury caused by an accident; 2. Any other person who sustains bodily injury caused by an accident while: a. Occupying your covered auto with the consent of the named insured; b. Occupying any other motor vehicle operated by the named insured or any family member; or c. A pedestrian if the motor vehicle accident involves your covered auto and occurs in Utah. However, insured person does not include: a. The named insured who sustains bodily injury resulting from the use or operation of any motor vehicle, other than your covered auto, which is owned by the named insured; b. Any family member who sustains bodily injury resulting from the use or operation of any motor vehicle, other than your covered auto, which is owned by that family member; or AP01UT0115 Includes copyrighted material of ISO, used with its permission Page 7 of 22
c. Any person, other than the named insured or any family member who sustains bodily injury while occupying any motor vehicle when it is being used as a public or livery conveyance. EXCLUSIONS THAT APPLY TO PART B 1. We do not provide PERSONAL INJURY PROTECTION COVERAGE for bodily injury sustained by any person: a. While occupying a motor vehicle, other than your covered auto, which is owned by, or furnished for the regular use of the named insured or any family member; b. While operating a your covered auto without the express or implied consent of an insured person, or while not in lawful possession of your covered auto; c. If such insured person s conduct contributed to that insured person s injury under either of the following circumstances: (1) Intentionally causing injury to that insured person; or (2) While committing a felony; or d. Arising out of the use of any motor vehicle while located for use as a residence or premises. 2. We do not provide PERSONAL INJURY PROTECTION COVERAGE for bodily injury due to: a. War (declared or undeclared); b. Civil war; c. Insurrection; d. Rebellion or revolution; or e. Any act or condition incident to any of the above. 3. We do not provide PERSONAL INJURY PROTECTION COVERAGE for bodily injury resulting from the: a. Radioactive; b. Toxic; c. Explosive; or d. Other hazardous properties of nuclear material. 4. We do not provide for the loss of income coverage included in the work loss benefit for the named insured and spouse if the named insured rejected such coverage as shown on the Declarations. LIMIT OF LIABILITY The limits of liability shown on the Declarations for the personal injury protection benefits that apply are the most we will pay for bodily injury sustained by any one insured person injured in any one accident, regardless of the number of: 1. Insured persons; 2. Policies or bonds applicable; 3. Claims made; or 4. Your covered autos. Any amount otherwise payable under this PART B shall be reduced by any amount paid, payable or required to be provided: 1. Under any workers' compensation law or similar law; or 2. By the United States or any of its agencies because an insured person is on active duty in the military services. OTHER INSURANCE No one shall be entitled to receive duplicate payments for the same elements of loss under this PART B or any other insurance. Any coverage we provide shall be primary only for bodily injury sustained by an insured person in an accident arising out of the use or operation of your covered auto. If the vehicle is a rental private passenger motor vehicle, the following priorities of recovery apply: First Priority: Any source of recovery purchased by you or any family member from the owner of the rental private passenger motor vehicle. Second Priority: Any policy affording PERSONAL INJURY PROTECTION COVERAGE to the insured person as a named insured or family member. If an insured person is entitled to similar benefits under more than one policy, the maximum amount payable under all of the policies shall not exceed the amount payable under the policy with the highest limit of liability. We will pay only our share. Our share is the proportion that our limit of liability bears to the total of all applicable limits of policies providing coverage on the same basis. Any personal injury protection benefits paid or payable under this or any other auto insurance policy shall be primary over any coverage provided under PART B of this Policy. AP01UT0115 Includes copyrighted material of ISO, used with its permission Page 8 of 22
PART C UNINSURED AND UNDERINSURED MOTORISTS COVERAGE INSURING AGREEMENT UNINSURED MOTORISTS COVERAGE If the Declarations shows a premium charged and there is a premium payment for this coverage, we will pay compensatory damages an insured person is legally entitled to recover from the owner or operator of an uninsured motor vehicle because of bodily injury sustained by an insured person, caused by an accident, and arising out of the ownership, maintenance or use of an uninsured motor vehicle. INSURING AGREEMENT UNDERINSURED MOTORISTS COVERAGE If the Declarations shows a premium charged and there is a premium payment for this coverage, we will pay compensatory damages an insured person is legally entitled to recover from the owner or operator of an underinsured motor vehicle because of bodily injury sustained by an insured person, caused by an accident, and arising out of the ownership, maintenance or use of an underinsured motor vehicle. INSURING AGREEMENT UNINSURED MOTORIST PROPERTY DAMAGE COVERAGE If the Declarations shows a premium charged and there is a premium payment for this coverage for a your covered auto, we will pay for damages an insured person is legally entitled to recover from the owner or operator of an uninsured motor vehicle because of property damage to the your covered auto caused by an accident and arising out of the ownership, maintenance or use of an uninsured motor vehicle. Coverage for UNINSURED MOTORIST PROPERTY DAMAGE COVERAGE shall only apply if: 1. The accident causing property damage involves actual physical contact between your covered auto and the uninsured motor vehicle; 2. The owner, operator, or license plate number of the uninsured motor vehicle is identified; and 3. The insured person or someone on his behalf reports the accident within ten (10) days to his agent or us. We will pay under this PART C only after the limits of liability under all liability policies applicable to an uninsured motor vehicle or underinsured 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. An insured person must notify us in writing at least thirty (30) days before entering into any settlement with the owner or operator of an uninsured motor vehicle or underinsured motor vehicle, or that person's liability insurer. If, within thirty (30) days after we receive notice of tentative settlement from the insured person, we notify the insured person that we refuse to consent to a proposed settlement, the insured person must protect and preserve our right of subrogation to the claim against the operator or owner of any uninsured motor vehicle or underinsured motor vehicle who is liable for the accident. ADDITIONAL DEFINITIONS When used in this PART C: 1. Insured person means: a. The named insured; b. Persons related to the named insured by blood, marriage, adoption or guardianship, who are residents of the named insured s household, including those who usually make their home in the same household but temporarily live elsewhere; c. Any other person while occupying or using your covered auto; and d. Any person entitled to recover damages against the owner or operator of the uninsured motor vehicle or underinsured motor vehicle because of bodily injury sustained by a person meeting the definition of an insured person in paragraph a., b., or c. above. 2. Property damage means physical damage to, or destruction of your covered auto. It does not include loss of use of your covered auto. 3. Underinsured motor vehicle means a land motor vehicle or trailer of any type to which a bodily injury liability policy applies at the time of the accident but which has insufficient liability coverage to compensate fully the insured person for all special and general damages. However, an underinsured motor vehicle does not include: a. A vehicle that is owned or operated by a self-insurer within the meaning of any motor vehicle financial responsibility law, motor carrier law or any similar law; b. A vehicle that is owned by the United States of America, Canada, a State, a political subdivision of any such government or an agency of any such government; c. A land motor vehicle or trailer, if operated on rails or crawler-treads; d. While located for use as a residence or premises and not as a vehicle; AP01UT0115 Includes copyrighted material of ISO, used with its permission Page 9 of 22
e. A farm-type tractor or equipment designed for use principally off public roads, except while actually upon public roads; f. A vehicle owned by or leased by you or any dependent of you; g. Any vehicle or equipment to which coverage under PART A applies; or h. Any vehicle or equipment that is an uninsured motor vehicle. 4. Uninsured motor vehicle means a land motor vehicle or trailer of any type: a. For which no liability policy or bond applies at the time of the accident; b. To which a liability policy applies at the time of the accident but its limit for bodily injury liability is less than the minimum required limits for bodily injury liability in Utah, which are: (1) $25,000 for each person, $65,000 for bodily injury for each accident and $15,000 for property damage, if the limit of liability is a split limit; or (2) $80,000 for bodily injury and property damage for each accident, if the limit of liability is a single limit that applies for each accident; c. That is an unidentified motor vehicle that left the scene of an accident proximately caused by the motor vehicle operator. However, if an insured person alleges that such unidentified motor vehicle proximately caused an accident without touching an insured person or the motor vehicle occupied by such insured person, the insured person must show the existence of the unidentified motor vehicle by clear and convincing evidence consisting of more than the insured person s testimony; d. That is a motor vehicle covered by a liability policy, but coverage for an accident is: (1) denied; or (2) disputed by the liability insurer for more than sixty (60) days or continues to be disputed for more than sixty (60) days; or (3) To which a liability policy applies at the time of the accident but the insuring company is or becomes insolvent, declared bankrupt, or subject to the appointment of a receiver. However, uninsured motor vehicle does not include any vehicle: a. Owned by an insured person or furnished or available for the regular use of an insured person; b. Owned or operated by a self-insurer within the meaning of any motor vehicle financial responsibility law, motor carrier law or any similar law, except a self-insurer that becomes insolvent; c. Owned by the United States of America, Canada, a State, a political subdivision of any such government or an agency of any such government; d. Operated on rails or crawler-treads; e. While located for use as a residence or premises and not as a vehicle; f. That is designed for use principally off public roads, except while actually upon public roads; or g. For which coverage under PART A applies. EXCLUSIONS THAT APPLY TO PART C Coverage under this PART C does not apply: 1. If the insured person or their legal representative settles or prosecutes to a judgment a claim for bodily injury without our consent. 2. To bodily injury or property damage arising out of the ownership, maintenance or operation of any vehicle while it is being used to carry persons or property for compensation or a fee, including but not limited to the pickup or delivery or return from a pick-up or delivery of products, documents, newspapers, or food. This Exclusion 2. does not apply to a share-the-expense car pool. 3. To bodily injury or property damage when an insured person is using a vehicle without a reasonable belief that the person is entitled to do so. This Exclusion 3. does not apply to: a. A family member using your covered auto which is owned by you; b. Medical and funeral expenses incurred by an insured person less than eighteen (18) years of age; or c. A law enforcement officer injured in the course and scope of the officer s duties. 4. To bodily injury sustained by an insured person who: a. Is a passenger in a vehicle; and b. Has knowledge that the vehicle is being operated by an operator who is not entitled to do so. However, this Exclusion 4. does not apply to: a. Medical and funeral expenses incurred by an insured person less than eighteen (18) years of age; or b. A law enforcement officer injured in the course and scope of the officer s duties. AP01UT0115 Includes copyrighted material of ISO, used with its permission Page 10 of 22
5. To bodily injury sustained by any person while occupying or when struck by a trailer of any type used with a motor vehicle owned by you or any family member or a listed driver which is not insured for this coverage under this Policy. 6. To property damage to any vehicle owned by you which is not insured for this coverage under this Policy or any other policy. This includes a trailer of any type used with that vehicle. 7. Directly or indirectly to benefit: a. Any insured person or self-insurer under any of the following or similar law: (1) Disability benefits law; or (2) The State Accident Insurance Fund; or b. An insurer of property. 8. Directly to the benefit of the United States or any State or political subdivision thereof. 9. To any claim for punitive, exemplary, multiple damages, fines, penalties, or restitution. 10. For bodily injury or property damage arising out of the ownership or operation of any vehicle while it is being used to commit a felony or other criminal activity. This Exclusion 10. applies regardless of whether the insured person is actually charged with, or convicted of, a crime. This Exclusion 10. does not apply to: a. Medical and funeral expenses incurred by an insured person less than eighteen (18) years of age; or b. A law enforcement officer injured in the course and scope of the officer s duties. 11. For bodily injury or property damage arising out of the ownership or operation of any vehicle while it is being used to flee a law enforcement agent or crime scene. 12. For bodily injury or property damage arising out of the ownership or operation of any vehicle while it is being used in any racing, speed, or demolition event or contest or stunting activity or in preparation for such an event, contest, or activity. This Exclusion 12. applies regardless of whether the event, contest, or activity is pre-arranged or not. 13. For bodily injury or property damage sustained: a. By an insured person while occupying, or when struck by, any motor vehicle owned by that insured person which is not insured for this coverage under this Policy. This includes a trailer of any type used with that vehicle; or b. By a family member while occupying, or when struck by, any motor vehicle owned by you which is insured for this coverage on a primary basis under any other policy. 14. The first $250 of property damage to each of your covered autos as the result of any one accident. LIMIT OF LIABILITY The limit of liability shown on the Declarations for each person for UNINSURED MOTORISTS COVERAGE or UNDERINSURED 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 in any one accident. Subject to this limit for each person, the limit of liability shown on the Declarations for each accident for UNINSURED MOTORISTS COVERAGE or UNDERINSURED MOTORISTS COVERAGE is our maximum limit of liability for all damages for bodily injury resulting from any one accident. This is the most we will pay regardless of the number of: 1. Insured persons; 2. Claims made; 3. Vehicles or premiums shown on the Declarations; or 4. Vehicles involved in the accident. No one will be entitled to receive duplicate payments for the same elements of loss under this coverage and: 1. PART A or PART B of this Policy; or 2. For purposes of UNINSURED MOTORISTS COVERAGE, any UNDERINSURED MOTORISTS COVERAGE provided by this Policy. 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. 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 disability benefits law or any workers compensation law. Our maximum limit of liability for all damages for property damage resulting from any one accident will be the lesser of: 1. The limit of liability for UNINSURED MOTORIST PROPERTY DAMAGE COVERAGE shown on the Declarations; 2. The actual cash value of your covered auto, reduced by the salvage value if you or the owner of the property retain the salvage; or 3. The amount to repair the vehicle or property AP01UT0115 Includes copyrighted material of ISO, used with its permission Page 11 of 22
reduced by: 1. All sums paid for the property damage by or on behalf of any persons or organizations who may be legally liable; 2. Any amounts paid under this Policy for the same elements of property damage or loss; 3. A deductible of $250 for property damage to your covered auto; and 4. If the auto is repaired, betterment. 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 C of the Policy: 1. Any recovery for damages sustained by you or any family member under all such policies or provisions of coverage: a. While occupying a vehicle owned by you or any family member may equal, but not exceed, the highest applicable limit of liability for UNINSURED MOTORISTS COVERAGE or UNDERINSURED MOTORISTS COVERAGE for any one vehicle under any insurance providing coverage on either a primary or excess basis. b. While occupying a vehicle not owned by you or any family member may equal, but not exceed, the sum of: (1) The limit of liability for UNINSURED MOTORISTS COVERAGE or UNDERINSURED MOTORISTS COVERAGE applicable to the vehicle you or any family member were occupying at the time of the accident; and (2) The highest applicable limit of liability for UNINSURED MOTORISTS COVERAGE or UNDERINSURED MOTORISTS COVERAGE for any one vehicle under any insurance providing coverage to you or any family member. c. While not occupying any vehicle may equal, but not exceed, the highest applicable limit of liability for UNINSURED MOTORISTS COVERAGE or UNDERINSURED MOTORISTS COVERAGE for any one vehicle under any insurance providing coverage to you or any family member. 2. Except as provided in paragraph 3. below, any insurance we provide with respect to a vehicle you do not own, including any vehicle while used as a substitute automobile for your covered auto, shall be excess over any collectible insurance providing such coverage on a primary basis. 3. If the vehicle you do not own is a rental private passenger motor vehicle, the following priorities of recovery apply: a. First Priority: Any source of recovery purchased by you or any family member from the owner of the rental private passenger motor vehicle. b. Second Priority: Any policy affording UNINSURED MOTORISTS COVERAGE or UNDERINSURED MOTORISTS COVERAGE to the insured person as a named insured or family member. 4. If the coverage under this Policy is provided: 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. c. Any coverage for UNINSURED MOTORIST PROPERTY DAMAGE COVERAGE under this Policy shall be excess to any other insurance covering property damage to your covered auto, an additional auto, a replacement auto, or a substitute auto. ARBITRATION 1. This provision does not apply if a small-claims court having jurisdiction resolves the matter or matters upon which the parties do not agree. 2. If we and an insured person do not agree: a. Whether that insured person is legally entitled to recover damages; or b. As to the amount of damages for which are recoverable by that insured person from the owner or operator of an uninsured motor vehicle (for bodily injury or property damage) or underinsured motor vehicle (for bodily injury only), then the matter may be arbitrated. However, disputes concerning coverage under this endorsement may not be arbitrated. Either party may make a written demand for arbitration. Unless both parties agree otherwise in writing, the parties will select a single arbitrator. If the parties are unable to agree on a single arbitrator, each party will select an arbitrator. The two (2) arbitrators will select a third. If they cannot agree within thirty (30) days, either may request that selection be made by a judge of a court having jurisdiction. 3. Unless both parties agree otherwise in writing, each party will: AP01UT0115 Includes copyrighted material of ISO, used with its permission Page 12 of 22