Fire Allstate and
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Casualty Insurance
A
Company Auto Policy
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Policy:
ILLINOIS
Effective:
Issued to:
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TABLE OF CONTENTS
General ...............................................................2
When And Where The Policy Applies ...............2
Limited Mexico Cove rage ................................
2
Changes .........................................................
.
2
Pre mium Changes ..........................................2
.
Coverage Change s .........................................3
.
Duty To Report Policy Changes .......................
3
Charge For Insufficient Funds Or
Closed Account ..........................................3
.
Combining Limits Of Two Or More
Autos Prohibited ..........................................3
.
Transf er .........................................................
.
3
Non-Renew al .................................................3
.
Cancellation ...................................................4
.
Conditional Rei nstatement ...............................
4
What Law Will Apply .......................................4
.
Where Lawsuits May Be Brought .....................4
Action Aga inst Us ............................................4
.
Arbitration .......................................................
.
5
Part 1 Automobile Liability Insurance
Bodily Injury Coverage AA
Property Damage Coverage BB ....... 5
Additional Pa yments We Will Make .................5
Insured Persons .............................................5
.
Insured Autos .................................................6
.
Definitions ......................................................
.
6
Exclusions What is not covered ...................6
Financial Responsibility .................................7
.
Limits Of Liability ...........................................7
.
If There Is Other Insurance ..............................
8
Assistance And Cooperation ...........................
8
Action Aga inst Us ...........................................8
.
Bankrupt cy or Insolvency ................................
9
Additional Interested Parties ...........................
9
What To Do In Case Of An Auto Accident
Or Claim .........................................................
.
9
Part 2 Automobile Medical Payment s
Coverage CC......................................... 9
Insured Persons .............................................9
.
Insured Autos .................................................10
.
Definitions ...................................................... 0
.
1
Exclusions What is not covered ...................10
Limits Of Liability ...........................................11
.
Unnecessary or Unre asonable Medical
Expenses ....................................................11
.
If There Is Other Insurance .............................. 2
1
Assistance And Cooperation ........................... 2
1
Action Aga inst Us ...........................................12
.
Subroga tion Right s ........................................12
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Proof Of Claim; Medical Re ports .....................12
Right of Re imburse ment ................................. 12
.
Part 3 Automobile Death Indemnity
Insurance Coverage CM ....................................12
Insured Persons..............................................13
.
Definitions ......................................................13
.
Exclusions What is not covered ...................13
Payment Of Benefits; Autopsy ........................13
Consent Of Benef iciary .................................. 13
.
Proof Of Claim; Medical Re ports .....................13
Part 4 Automobile Disability Income
Protection Coverage CW......................13
Insured Persons .............................................14
.
Definitions .....................................................14
.
Exclusions What is not covered ...................14
To Whom And When Payment Is Ma de ...........14
Proof Of Claim; Medical Re ports .....................14
Part 5 Uninsured Motorists Insurance
Coverage SS .........................................14
Insure d Persons .............................................15
.
Insured Autos ................................................15
.
Definitions .....................................................16
.
Exclusions What is not covered ...................16
Limits of Liability ...........................................17
.
Nonduplication of Be nefits .............................18
If There Is Other Insurance .............................18
Proof Of Claim; Medical Re ports .....................18
Assistance a nd Cooperation ...........................18
Trust Agreement ............................................18
.
Subroga tion Right s ........................................ 18
.
Payment Of Loss By Us .................................. 19
.
Action Aga inst Us ...........................................19
.
If We Cannot Agree ........................................ 19
.
Part 6 Protection Against Loss To The Auto
Coverages DD, HH, HE, HF, HG, JJ, UU,
ZA, ZZ ....................................................20
Additional Pa yments We Will Make ................21
Insured Autos ................................................22
.
Definitions .....................................................22
.
Exclusions What is not covered ...................23
Right To Appraisa l ......................................... 24
.
Payment Of Loss By Us .................................. 24
.
Limits Of Liability ...........................................24
.
If There Is Other Insurance .............................25
Action Aga inst Us ..........................................25
.
Subroga tion Right s ........................................ 25
.
Loss Payable Clause ...................................... 25
.
What You Must Do If There Is A Loss ...............26
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Allst ate Fire and Casu alty Insurance Company
Allst ate Fire and Casualty Insurance
Company
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The Company Named in the Policy Declarat ions
A Stock Company
Home Office: Northbrook, Illinois
GENERAL
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This policy is a legal contract between you and us. A
coverage applies only when a premium for it is
shown on the Policy Declarations. If more than one
aut o is insured, premiums will be show n for each
aut o. If you pay the premiums when due and comply
with the policy terms, we, relying on the information
you have given us, make the following agreements
with you.
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When And Where The Policy Applies
Your policy applies only during the policy period.
During this time, it applies to covered losses to the
aut o, accidents, and occurrences w ithin the United
States of America, its territories or possessions, or
Canada, or between their ports. The policy period is
shown on the Policy Declarations.
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Limited Mexico Coverage
It is important that prior to entering or driving in
Mexico, you should check w ith the appropriate
Mexican authorities regarding auto insurance
requirements.
Auto accidents in Mexico are subject to the laws of
Mexico not the United States of America. In the
Republic of Mexico, an auto accident can be
considered a criminal offense as w ell as a civil
matter.
In some cases, the coverage under this policy may
not be recognized by Mexican authorities and we
may not be allowed to provide any insurance
coverage at all in Mexico. For your protection, you
should seriously consider purchasing auto coverage
from a licensed Mexican insurance company before
driving into Mexico.
However, w hen possible, protection will be afforded
for those coverages for w hich a premium is shown
on the Policy Declarations for an insured aut o while
that aut o is within 75 miles of the United States
border and only for a period not to exceed t en days
after each separate entry into the Republic of Mexico.
If loss or damage occurs w hich may require repair of
the insured auto or replacement of any part(s) while
the insured auto is in Mexico, the basis for
adjustment of the claim will be as follows: any
amount payable resulting from any covered loss or
damage occurring in the Republic of Mexico shall be
payable in the United States of America. We w ill not
be liable for more than the cost of having the repairs
made or parts replaced at the nearest point in the
United States where the repairs or replacements can
be performed. The costs for towing, transportation
and salvage operations of the insured auto while
within Mexico are not covered under this policy.
Changes
Premium Changes
The premium for each aut o is based on information
we have received from you or other sources. You
agree to cooperate with us in determining if this
information is correct, if it is complete, and if it
changes during the policy period. You agree that if
this information changes or is incorrect or
incomplete, we may adjust your premium
accordingly during the policy period or take other
appropriate action.
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Changes which result in a premium adjustment are
contained in our rules. These include, but are not
limited to:
1. autos insured by the policy, including change s
in use.
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2.
drivers residing in your household, their a ges
or marit al status.
3.
coverage s or coverage limits.
4.
rating territory.
5.
discount eligibility.
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Any calculation or adjustment of your premium will
be made using the rules, rates, and forms in effect,
and on file if required, for our use in your state.
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Coverage Changes
When we broaden a coverage during the policy
period without additional charge, you have the new
feature if you have the coverage to which it applies.
The new feature applies on the date the coverage
change is effective in your state. Otherwise, the
policy can be changed only by endorsement. Any
change in your coverage will be made using the
rules, rates, and forms in effect, and on file if
required, for our use in your state.
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Combining Limits Of Tw o Or More Autos
Prohibited
The limits of liability applicable to any one auto
shown on the Policy Declarations w ill not be
combined with or added to the limits of liability
applicable to any other aut o shown on the Policy
Declarations or covered by the policy, even though a
separate premium is charged for each of those
aut os, regardless of the number of:
1.
vehicles or persons show n on the Policy
Declarations;
2.
vehicles involved in the accident;
3.
persons se eking damages as a result of the
accident; or
4.
insured pe rsons from whom dama ges are
sought.
Duty To Report Policy Changes
Your policy was issued in reliance on the information
you provided, including information concerning
aut os and persons insured by the policy. To properly
insure your aut o, you must promptly notify us when
you change your address or whenever any resident
operators insured by your policy are added or
deleted.
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You must notify us w ithin 30 days when you acquire
a replacement aut o. If you dont, certain coverages
of this policy may not apply.
When you acquire an additional four wheel private
passenger aut o or utility auto it will be covered for
30 days immediately after you acquire ownership.
However, we will provide this coverage only if we or
one of our affiliates insure all other private passenger
aut os and utility aut os you own, and no other
insurance policy provides coverage for this aut o and
you pay the additional premium.
Coverage will be continued beyond this 30 day period
only if:
a) you ask us to continue coverage within 30
days afte r you acquire the auto or utilit y auto;
b) we agree to continue coverage for t his
additional auto or utilit y aut o;
c) you pay the additional premium.
Charge For Insufficient Funds Or Closed
Acc ount
If, at any time, your payment of any premium amount
due is made by check, electronic transaction, or
other remittance which is not honored because of
insufficient funds or a closed account, you will be
charged a fee.
If two or more aut os are shown on the Policy
Declarations and one of these autos is involved in the
accident, the limits of liability shown on the Policy
Declarations for the involved auto will apply. If none
of the autos shown on the Policy Declarations is
involved in the accident, the highest limits of liability
shown on the Policy Declarations for any one auto
will apply.
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Transf er
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This policy cant be transferred to anyone without our
written consent. However, if you die, coverage will
be provided until the end of the policy period for:
1. your legal repre sentative w hile acti ng as such,
and
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2.
persons cove red on the date of your death.
Non- Renew al
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If we dont intend to renew your policy, we will mail
you notice at least 30 days before the end of the
policy period. However, after this policy has been
effective or renewed for five or more years, we will
give you at least 60 days notice if we dont intend to
renew this policy.
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Cancellation
What Law Will Apply
You may cancel this policy by writing us the future
date you w ish to stop coverage.
This policy is issued in accordance with the laws of
Illinois and covers property or risks principally
located in Illinois. Subject to the following paragraph,
any and all claims or disputes in any way related to
this policy shall be governed by the laws of Illinois.
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We may cancel part or all of this policy by mailing
notice to you at your last known address. If we
cancel because you didnt pay the premium, the date
of cancellation will be at least 10 days after the date
of mailing. Otherwise we will give you 30 days
notice.
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Proof of mailing the notice will be proof of notice. A
refund, if due, will be in proportion to the time your
policy has been in effect. Cancellation w ill be
effective even if the refund is not made immediately.
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After your original policy has been in effect 60 days,
we w ont cancel your coverage during the policy
period unless:
1. you dont pay the premium when its due;
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2.
you or any membe r of your household ha s had
a drive rs license suspended or revok ed during
the last 12 months;
3.
the policy was obtained through mate rial
misreprese ntation;
4.
you have ma de a false or f raudulent claim;
5.
we have mailed notice w ithin the first 60 days
we dont intend to continue the policy.
Any unearned premium amounts under $2.00 will be
refunded only upon your request.
Conditional Reinstatement
If we mail a cancellation notice because you didnt
pay the required premium w hen due and you then
tender payment by check, draft, or other remittance
which is not honored upon presentation, your policy
will terminate on the date and time shown on the
cancellation notice and any notice we issue w hich
waives the cancellation or reinstates coverage is
void. This means that we w ill not be liable under this
policy for claims or damages after the date and time
indicated on the cancellation notice.
If a covered loss to the auto, a covered auto
accident, or any other occurrence for w hich coverage
applies under this policy happens outside Illinois,
claims or disputes regarding that covered loss to the
auto, covered auto accident, or other covered
occurrence may be governed by the laws of the
jurisdiction in which that covered loss to the aut o,
covered auto accident, or other covered occurrence
happened, only if the laws of that jurisdiction would
apply in the absence of a contractual choice of law
provision such as this.
Where Law suits May Be Brought
Subject to the following two paragraphs, any and all
law suits in any w ay related to this policy shall be
brought, heard, and decided only in a state or federal
court located in Illinois. Any and all lawsuits against
persons not parties to this policy but involved in the
sale, administration, performance, or alleged breach
of this policy or involved in any other way with this
policy, shall be brought, heard, and decided only in a
state or federal court located in Illinois, provided that
such persons are subject to or consent to suit in the
courts specified in this paragraph.
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If a covered loss to the auto, a covered auto
accident, or any other occurrence for w hich coverage
applies under this policy happens outside Illinois,
law suits regarding that covered loss to the aut o,
covered auto accident, or other covered occurrence
may also be brought in the judicial district w here that
covered loss to the aut o, covered auto accident, or
other covered occurrence happened.
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Nothing in this provision, Where Lawsuits May Be
Brought, shall impair any partys right to remove a
state court lawsuit to a federal court.
Act ion Against Us
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No one may bring an action against us unless:
a) there is full compliance wit h all policy terms;
and
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b) the action is commenced w ithin one year of
the date the cause of action accrue s.
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However, if an action is in any way related to the
existence or amount of coverage, or the amount of
loss for w hich coverage is sought, under a particular
coverage that is shown on the Policy Declarations,
such action must be commenced within the time
period specified in the Action Against Us provision of
that particular coverage. If an action is brought
asserting claims relating to the existence or amount
of coverage, or the amount of loss for which
coverage is sought, under different coverages of this
policy, the claims relating to each coverage shall be
treated as if they were separate actions for the
purpose of the time limit to commence action.
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Arbitration
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Any claim or dispute in any way related to this policy,
by a person insured under this policy against us or
us against a person insured under this policy, may be
resolved by arbitration only upon mutual consent of
the parties. Arbitration pursuant to this provision
shall be subject to the following:
a) no arbitrat or shal l have the authority to a wa rd
punitive da mages or att orneys fees;
b) neither of the parti es shall be entitled to
arbitrate any claims or disput es in a
representative capacity or as a membe r of a
class; and
c) no arbitrat or shal l have the authority, without
the mutual consent of the parties, to
consolidate claims or disput es in arbitra tion.
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This provision shall not apply to claims or disputes to
which the Part 5, Uninsured Motorist Insurance
Coverage SS, If We Cannot Agree provision
applies.
Part 1
Automobile Liability Insuranc e
Bodily Injury Coverage AA
Propert y Damage Coverage BB
We w ill pay damages an insured person is legally
obligated to pay because of:
1. bodily injury sustained by a ny person; a nd
2.
damage to or destruction of propert y.
Under these coverages, your policy protects an
insured person from liability for damages arising out
of the ownership, maintenance or use, loading or
unloading of an insured auto.
We w ill defend an insured person sued as the result
of a covered aut o accident, even if the suit is
groundless or false. We w ill choose the counsel. We
may settle any claim or suit if we believe it is proper.
We w ill not defend an insured person sued for
damages which are not covered by this policy.
Additional Payments We Will Mak e
When we defend an insured person under this Part,
we w ill pay:
1. up to $50 a day for loss of wages or salary if
we ask that person t o atte nd hearings or trials
to defe nd against a bodily injury suit. We
wont pay for loss of other income. We will pay
other reasonable expe nses incurred at our
request .
2.
court costs for def ense.
3.
interest accruing on damage s aw arded. We
will pay this interest only until we have paid,
offered, or deposited in court the amount for
which w e are liable unde r this policy. We will
only pay interest on dama ges not excee ding
our limits of liability.
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premiums on a ppeal bonds a nd on bonds to
rele ase attachments, but not in excess of our
limit of liability. We arent required to a pply for
or furnish these bonds.
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We will re pay an insured person for:
1. the cost of any bail bonds required due to an
accident or traffic law violation involving the
use of the insured auto. We wont pay more
than $300 per bond. We arent required to
apply for or furnish the se bonds.
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2.
Insured Persons
1.
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any expense incurred for fi rst ai d administere d
to othe rs at the scene of a n auto accident
involving the insure d auto.
While using your insured auto:
a) you,
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b) any resident rela tive and
c) any other person using it w ith your
permission.
2.
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furnishe d for t he regular use of an insured
person.
5.
While using a non-owned aut o:
a) you, and
b) any resident rela tive using a four-whe el
privat e passenger aut o or ut ility aut o.
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3.
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Any other person or organizat ion liable for the
use of an insured auto provide d:
a) the auto is not ow ned or hired by the
person or organization,
b) the use is by a n insured pe rson as de fined
under 1. or 2. above.
Insured Autos
1.
2.
3.
4.
A tra iler while attached to an insured aut o. The
trai ler must be designed for use w ith a private
passenger auto or utilit y aut o. This trailer
ca nt be used for business purposes w ith other
than a private pa ssenger aut o or ut ility aut o.
Definitions
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" We," " Us," or " Our" means t he company
show n on the Policy De clarat ions.
2.
" Aut o" means a land motor ve hicle designe d
for use on public roads.
3.
Any aut o described on the Policy Decla rations.
This includes the f our w heel private passenger
auto or utilit y aut o you replace it w ith.
1.
" Bodily Injury" means bodily injury,
sickness, disea se, or de ath.
4.
" Resident " means a person who physica lly
reside s in your household wit h the inte ntion of
continuing residence the re. Your unmarried
dependent children w hile temporarily aw ay
from home will be conside red residents if they
intend to resume residing in your household.
5.
" Utilit y Auto" means a n auto of the pick -up
body, sedan del ivery, or panel truck type . This
auto must have a gross ve hicle weight of
10,000 pounds or less, according t o
manufa ct urers specifications.
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An additional four wheel private passenger
auto or utility aut o you acquire owne rship of
during the policy period will be covered for 30
days immediately after you become the ow ner.
How ever, w e will provide this cove rage only if
we or one of our affiliates insure al l other
privat e passenger aut os you ow n, and you pay
the additional premium. Cove rage will be
continued beyond this 30 day period only if:
a) you ask us to continue cove rage wit hin 30
days afte r you acquire the auto or utilit y
auto; and
b) we agree to continue coverage for t his
additional private passe nger auto or
utilit y aut o; and
c) you pay the additional premium.
A substitut e four whe el private passe nger aut o
or ut ility auto, not owned by you or a resident ,
being tempora rily use d with the permission of
the ow ner while your insured aut o is being
serviced or re paire d or if your insured auto is
stolen or destroyed.
A non-ow ned priva te passenge r auto used by
you or a resident relative with t he ow ners
permission. This auto must not be available or
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" You" or " Your" means the policyholder
named on the Policy Decla rations and that
policyholde rs spouse.
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Exc lusions What is not covered
We w ill not pay for any damages an insured person is
legally obligated to pay because of:
1. bodily injury or property damage arising out of
the use of your insured aut o while used to
ca rry pe rsons or prope rty for a charge, or a ny
auto you are driving w hile availa ble for hire by
the public. This exclusion does not a pply to:
a) shared-expense car pools;
b) the occasiona l rental of your insured
motor home or t ravel -trai ler to others for
persona l use if a renta l premium is show n
on the Policy De clarat ions.
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2.
bodily injury or propert y damage a rising out of
the use of a non-ow ned auto in any business
or occupation of an insured person. However,
this exclusion does not a pply w hile you, your
cha uffeur, or domestic servant are using a
privat e passenger aut o or trailer.
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3.
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bodily injury to an employee of a ny insured
person a rising in the course of employme nt.
This exclusion does not a pply to your domestic
employee who is not required to be covered by
a w orke rs compe nsation law or similar law.
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4.
bodily injury to a co-worker injured in the
course of employment. This exclusion does not
apply to you.
5.
bodily injury or propert y damage which may
reasonably be expe cted to result from the
intentional or criminal acts of an insured
person or which are in fact intended by an
insured pe rson.
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6.
7.
8.
bodily injury to any person re lated t o an
insured pe rson by blood, marria ge or a doption
and residing in that persons household. This
exclusion doe s not apply:
a) to the e xtent tha t any othe r person
responsible acquires a right of
contribution agai nst you , or a resident
rela tive.
b) to bodily injury to you or a resident
rela tive if your insured aut o wa s opera ted
at the time of the accident by a person
other than you or a resident relative.
damage to or destruction of propert y an
insured pe rson owns, transports, is in charge
of, or rents. However, a priva te re sidence or a
garage rented by that person is covered.
bodily injury or propert y damage which would
also be cove red under a nuclear energy
liability policy issued by Nuclear Energy
Liability Insurance Association, Mut ual Atomic
Energy Liability Underw riters or Nuclear
Insurance Association of Cana da, or a ny other
such policy. This applies even if the limits of
that insurance are exhausted.
bodily injury or propert y damage result ing
from the ope ration of the auto by any person
as an employee of the United Stat es
government, w hile acting within the scope of
such e mployment. This exclusion applies only
if the provisions of the F edera l Tort Claims Act,
as ame nded, required the Attorney General of
the United State s to defe nd that person in any
civil action or proceeding w hich ma y be
brought f or the bodily injury or property
damage .
10. bodily injury or propert y damage arising out of
the participation in any prearranged or
organized:
a. racing contest,
b. speed contest, or
c. use of an auto at a track or course
designed or used for racing or high
performa nce driving, or in practice or
preparation for a ny contest or use of t his
type.
Financial Responsibility
When this policy is certified as proof under any motor
vehicle financial responsibility law, the policy will
comply with the provisions of that law.
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Limits of Liability
The limits shown on the Policy Declarations are the
maximum we w ill pay for any single accident
involving an insured auto. The limit stated f or each
person for bodily injury is our total limit of liability for
damages because of bodily injury sustained by one
person in any single accident involving an insured
aut o, including damages sustained by anyone else as
a result of that bodily injury . Subject to the limit for
each person, the limit stated for each accident is our
total limit of liability for damages for bodily injury
sustained by two or more persons in any single
accident involving an insured auto. For property
damage, the limit stated for each accident is our total
limit of liability for property damage sustained in any
single accident involving an insured aut o.
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The liability limits apply to each insured auto as
shown on the Policy Declarations. The insuring of
more than one person or auto under this policy will
not increase our liability limits beyond the amount
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shown for any one aut o, even though a separate
premium is charged for each aut o. The limits also
wont be increased if you have other auto insurance
policies that apply.
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Damages payable will be reduced by the amounts
paid or collected under the medical payments section
of this policy.
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There w ill be no duplication of payments made under
the bodily injury liability, medical payments or
uninsured motorists coverages of this policy.
An aut o and attached trailer are considered one
aut o. Also, an auto and a mounted camper unit,
topper, cap, or canopy are considered one aut o.
If There Is Other Insurance
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If an insured person is using a substitute private
passenger aut o or non-owned auto, our liability
insurance will be excess over other collectible
insurance. If more than one policy applies on a
primary basis to an accident involving your insured
aut o, we w ill bear our proportionate share with other
collectible liability insurance.
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However, if the insured person has Automobile
Liability Insurance limits equal to or greater than
$100,000 for bodily injury sustained by one person
in a single accident, $300,000 for bodily injury
sustained by two or more persons in a single
accident, and $50,000 for damage to property
sustained in a single accident, and in the event that
the insured person, with the permission of a new
vehicle dealer or an employee of a new vehicle
dealer, drives a vehicle ow ned or held for sale or
lease by the new vehicle dealer for loaner purposes
while the insured persons vehicle is being repaired
or evaluated, our policy applies on a primary basis.
If the insured person has Automobile Liability
Insurance limits less than $100,000 for bodily injury
sustained by one person in a single accident,
$300,000 for bodily injury sustained by two or more
persons in a single accident, and $50,000 for
damage to property sustained in a single accident,
and in the event that the insured person, with the
permission of a new vehicle dealer or an employee of
a new vehicle dealer, drives a vehicle owned or held
for sale or lease by the new vehicle dealer for loaner
purposes while the insured persons vehicle is being
repaired or evaluated, our policy is excess.
If bodily injury or property damage to any person
except you, a resident relative, or partners or
employees of the partnership of you or a resident
relative, arises out of auto business operations such
as repairing, servicing, testing, washing, parking,
storing, or selling of your insured aut o, then this
policy is in excess over all other insurance, self
insurance or certificate of insurance.
Assistance and Cooperation
When we ask, an insured person must cooperate
with us in the investigation, settlement, and defense
of any claim or lawsuit. If we ask, that person must
also help us obtain payment from anyone who may
be jointly responsible.
We cant be obligated if an insured person voluntarily
takes any action or makes any payments other than
for covered expenses for bail bonds or first aid to
others.
Act ion Against Us
No insured person may bring an action against us in
any w ay related to the existence or amount of
coverage, or the amount of loss for which coverage
is sought, under Part 1 Automobile Liability
Insurance, unless there is full compliance with all
policy terms and such action is commenced no later
than the last of the following to occur:
a) two years after the dat e of the accident;
b) one year after entry of final judgment or other
court order terminating a lawsuit aga inst the
insured t o determine the insureds liability or
the amount of the insure ds liability arising out
of the a ccide nt; or
c) one year after we agree to a settlement; or
d) if we have denied coverage and the insured
person ha s there after settled w ith the c laimant
without any lawsuit being f iled to determine
the insureds liability or the amount of the
insureds liability arising out of the accident,
within one ye ar af ter t he denial of coverage.
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If the insured person is subjected to claims arising
out of the same accident by more than one person
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claiming bodily injury or property damage, the time
for the insured person to bring an action against us
shall be determined separately as to the coverage
sought or provided with respect to the claims of each
of those claiming against the insured person.
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If liability has been determined by judgment after
trial, or by w ritten agreement among the insured, the
other person, and us, then whoever obtains this
judgment or agreement against an insured person
may sue us up to the limits of this policy. However,
no one has the right to join us in a suit to determine
legal responsibility of an insured person
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Bank ruptc y or Insolvency
The bankruptcy or insolvency of an insured person or
that persons estate wont relieve us of any obligation
under Part 1 of this policy.
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Additional Interested Parties
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If one or more additional interested parties are listed
on the Policy Declarations, the Automobile Liability
Insurance coverages of this policy will apply to the
additional interested party if we cancel or make any
change to this policy w hich adversely affects that
partys interest. Our notice will be considered
properly given if mailed to the additional interested
partys address shown on the Policy Declarations.
The naming of an additional interested party does not
increase that partys rights to recovery under this
policy, nor does it impose an obligation for the
payment of premiums under this policy.
What To Do In Case Of An Auto Acc ident
Or Claim
If an insured person has an auto accident, we must
be informed promptly of all details. If an insured
person is sued as the result of an aut o accident, we
must be informed immediately.
Part 2
Automobile Medical Payments
Coverage CC
We w ill pay to or on behalf of an insured person all
reasonable expenses actually incurred for necessary
medical treatment, medical services or medical
products actually provided to the insured person.
Hospital, medical, surgical, x-ray, dental, orthopedic
and prosthetic devices, pharmaceuticals, eyeglasses,
hearing aids, funeral service expenses, and
professional nursing services provided by an
individual licensed under the Medical Practice Act of
Illinois or comparable law are covered. Ambulance
and funeral service expenses, and treatment are
provided in accordance with a recognized religious
method of healing are also covered.
The treatment, services, or products must be
rendered within one year of the accident. This
period of time will be extended to five years if the
amount of insurance for this coverage is more than
$5,000.
Payments will be made only when bodily injury is
caused by an accident involving an aut o or when you
or any resident relative is struck as a pedestrian by a
motor vehicle or trailer:
Insured Persons
1.
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2.
You and any resident rela tive who sustains
bodily injury while in, on, ge tting into or out of,
or w hen struck by an auto or trailer. The use of
a non-ow ned aut o must be wit h the ow ners
permission.
Any other person who sustains bodily injury
while in, on, ge tting int o or out of:
a) your insured auto while being use d by
you, a resident relative, or any othe r
person with your permission.
b) a non-ow ned aut o if the injury results
from your opera tion or occupancy.
c) a non-ow ned aut o if the injury results
from the ope ration on your behalf by your
privat e chauffeur or domesti c se rvant.
d) a non-ow ned priva te passenge r aut o or
trai ler if the injury re sults from the
opera tion or occupancy by a resident
rela tive.
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The use of non-owned autos must be w ith the
ow ners permission.
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3.
Insured Autos
1.
2.
Any aut o described on the Policy Decla rations.
This includes t he priva te passenge r aut o or
utilit y aut o you replace it w ith.
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An additional private pa ssenger auto or utilit y
auto you acquire the ownership of during the
policy period will be covered f or 30 days
immediate ly afte r you become t he owner.
How ever, w e will provide this cove rage only if
we or one of our affiliates insure al l other
privat e passenger aut os you ow n, and you pay
the additional premium.
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Coverage will be continued beyond this 30 day
period only if:
a) you ask us to continue coverage within 30
days afte r you acquire the auto or utilit y
auto;
b) we agree to continue coverage for t his
additional auto or utilit y aut o; and
c) you pay the additional premium.
" Bodily Injury" means bodily injury,
sickness, disea se or de ath.
4.
" Mot or Vehicle" means a land motor vehicle
or trailer designe d for use on public roads.
5.
" Resident " means a person who physica lly
reside s in your household wit h the inte ntion of
continuing residence the re. Your unmarried
dependent children w hile temporarily aw ay
from home will be conside red residents if they
intend to resume residing in your household.
6.
" Utilit y Auto" means a n auto of the pick-up
body, sedan del ivery or panel truck type . This
auto must have a gross ve hicle weight of
10,000 pounds or less, according t o
manufa ct urers specifications.
7.
" You" or " Your" means the policyholder
named on the Policy Decla rations and that
policyholders resident spouse.
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3.
4.
5.
A substitut e priva te passenge r aut o or ut ility
auto, not ow ned by you or a resident , being
temporarily used w ith the permission of the
ow ner w hile your insured auto is being
serviced or re paire d or if your insured auto is
stolen or destroyed.
A non-ow ned priva te passenge r auto used
with the owners permission. This auto must
not be ava ilable or furnished for the regular
use of an insured person.
A tra iler while attached to an insured aut o. The
trai ler must be designed for use w ith a private
passenger auto or utilit y aut o. This trailer
ca nt be used for business purposes w ith other
than a private pa ssenger aut o or ut ility aut o.
Exc lusions What is not covered
This coverage does not apply to bodily injury:
1. which may re asonably be expected to result
from the int entiona l or crimina l acts of you or
any resident , or any other pe rson using the
insured aut o with your permission or which is
in fact int ended by that person.
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2.
3.
" We" , " Us" or " Our" means t he company
named on the Policy Decla rations.
2.
" Aut o" means a land motor ve hicle with at
least four w heel s designed for use on public
roads.
to you or a resident rela tive w hile in, on,
getting into or out of a n aut o you or a resident
rela tive own or have furnished for re gular use
but do not insure for this cove rage.
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to you or a resident rela tive w hile in, on,
getting into or out of, or struck as a pedestrian
by:
a) a vehicle operated on ra ils or
crawler-trea ds, or
b) a vehicle or othe r equipment designed for
use off public roads, while not on public
roads.
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Definitions
1.
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4.
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to any person while in, on, getting into or out
of:
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Allst ate Fire and Casu alty Insurance Company
a)
an owned auto while available f or hire to
the public. This exclusion doe s not apply
to shared-expense car pools.
b) an aut o or trailer while use d as a
reside nce or premise s.
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5.
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to any person, othe r than you or a resident
rela tive, w hile using a non-owned aut o:
a) which is availa ble for hire by the public, or
b) in auto business operations such as
repai ring, servicing, test ing, w ashing,
parki ng, storing or sel ling of autos.
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Coverage is provided for you , your private
cha uffeur or domestic servant w hile using a
privat e passenger aut o or trailer in any other
business or occupa tion.
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6.
to any person re sulting from a ny act of w ar,
insurrection, rebellion, or revolution.
7.
to any person or dependent of a person w ho
receive s medical goods and services without
cha rge from t he U.S. Government as a benef it
of employme nt, including past or present
military dut y.
8.
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bodily injury or propert y damage arising out of
the participation in any prearranged or
organized:
a. racing contest,
b. speed contest, or
c. use of an auto at a track or course
designed or used for racing or high
performa nce driving, or in practice or
preparation for a ny contest or use of t his
type.
Limits of Liability
The limit of our liability for Personal Medical
Payments is stated on the Policy Declarations. This is
the maximum we will pay per injured person for any
one motor vehicle accident, regardless of the
number of autos insured under this or other policies.
Within the provisions of Coverage CC, we cover
funeral service expenses, as follows. If an injured
person dies as the result of a covered mot or vehicle
accident, we w ill pay the lesser of the follow ing as a
funeral service expenses benefit:
1. $2,000; or
2.
the Cove rage CC limit of liability stated on the
Policy Declarations; or
3.
the re maining portion of the Coverage CC limit
of liability not expended f or other covered
medical expenses.
This funeral service expenses benefit does not
increase, and w ill not be paid in addition to, the limits
of liability stated on the Policy Declarations for
Coverage CC. This benefit is payable to the deceased
injured persons spouse if a resident of the same
household at the time of the accident. However, if the
deceased is a minor, the benefit is payable to any
parent who is a resident of the same household at
the time of the accident. In all other cases, the
benefit is payable to the deceased injured persons
estate.
Medical Payments benefits, other than funeral
service expenses benefits, w ill be reduced by:
1. amount s payable unde r any w orkers
compensat ion law or similar law .
2. amount s receive d from others, w hether
insured unde r this or any other insurance
policy, including t heir insurers, whe ther us or
any other insure r, who ma y be legal ly
responsible for the injuries. This reduction
applies only to amounts tha t are a duplication
of payment for the same loss.
3. amount s of othe r similar, collectible auto
medical insurance be nefits a vailable to the
insured pe rson.
4. amount s payable unde r the unde rinsured
mot orist s coverage of this policy, or a ny other
similar underinsure d motorist cove rage.
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Unreasonable or Unnecessary Medical
Expenses
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If the insured person incurs medical expenses which
are unreasonable or unnecessary, we may refuse to
pay for those medical expenses and contest them.
Unreasonable medical expenses are fees for medical
services which are substantially higher than the
usual and customary charges for those services.
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Unnecessary medical expenses are fees for medical
services which are not usually and customarily
performed for treatment of the injury, including fees
for an excessive number, amount or duration of
medical services.
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If the insured person is sued by a medical services
provider because we refuse to pay contested medical
expenses, we will pay all defense costs and any
resulting judgment against the insured person. We
will choose the counsel. The insured person must
cooperate with us in the defense of any claim or
law suit. If we ask the insured person to attend
hearings or trials, we w ill pa y up to $50 per day for
the loss of wages or salary. We w ill also pay other
reasonable expenses incurred at our request.
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If There Is Other Insurance
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When this coverage applies to a substitute auto or
non-ow ned aut o, we will pay only after all other
collectible auto medical insurance has been
exhausted. When this coverage applies to a
replacement auto or additional aut o, this policy will
not apply if you have other collectible auto medical
insurance.
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Assistance And Cooperation
When we ask, an insured person must cooperate
with us in the investigation, settlement and defense
of any claim or lawsuit. If we ask, that person must
also help us obtain payment from anyone who may
be jointly responsible.
We cant be obligated if an insured person voluntarily
takes any action or makes any payments other than
for covered expenses for first aid to others.
Act ion Against Us
No one may bring an action against us in any way
related to the existence or amount of coverage, or
the amount of loss for which coverage is sought,
under Part 2 Automobile Medical Payment s,
unless there is full compliance with all policy terms
and such action is commenced within one year after
the date the expenses for which coverage is sought
were actually incurred by an insured person.
This one year requirement to bring action against us
will be extended by the number of days equal to the
period of time between the date the expenses were
incurred and the date we deny the claim in whole or
in part.
Subrogation Rights
When we pay, an insured person s rights of recovery
from anyone else become ours up to the amount we
have paid. The insured person must protect these
rights and help us enforce them.
Proof of Claim; Medical Reports
As soon as possible, any person making claim must
give us written proof of claim. It must include all
details we may need to determine the amounts
payable. We may also require any person making
claim to submit to examination under oath and sign
the transcript.
The injured person may be required to take medical
examinations by physicians we choose, as often as
we reasonably require. We must be given
authorization to obtain medical reports and other
records pertinent to the claim.
Right of Reimbursement
If we make payment on behalf of an insured person,
the insured person shall reimburse us from the
proceeds of any sums received from any other
sources, including under Part 1 of this policy, for
such medical expenses for the same elements or
loss paid or payable under this coverage. Any amount
recovered by the insured person shall be held in trust
for us by the insured person to the extent of our
payments made under this part of the policy. In order
to protect our right to reimbursement, we may notify
persons or organizations that may be responsible for
payment of medical expenses to or on behalf of the
insured person.
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Part 3
Automobile Death Indemnity Insuranc e
Coverage CM
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We w ill pay the benefit shown on the Policy
Declarations if an insured person dies as a direct
result of bodily injury , caused by a covered auto
accident. The injury must be sustained while the
insured person is in, on, getting into or out of, or
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when struck as a pedestrian by an aut o, trailer or
semi-trailer.
b) a vehicle or othe r equipment designed for
use off public roads, while not on public
roads; or
c) a vehicle while used as a residence or
premises.
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Benefits will be paid only if:
1. death occurs within 90 days of t he aut o
accident; or
2.
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5.
death occurs within 1 year of the aut o
accident and the bodily injury continuously
has preve nted the insured person every from
performing duty pertaining to that
persons occupation.
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Insured Persons
The person or persons shown as insured on the
Policy Declarations under Coverage CM.
Definitions
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1.
" We" or " Our" means the company shown
on the Policy De clarat ions.
2.
" Aut o" means a land motor ve hicle designe d
for use on public roads.
3.
" Bodily Injury" means bodily injury,
sickness, disea se or de ath.
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Exc lusions What is not covered
This coverage does not apply to death:
1. sustained while in the course of a n occupa tion
by any person while:
a) opera ting, loa ding, unloading, assisting
on, or pe rforming a ny other duties related
to the use of a commercial aut o, or an
auto hired or re nted to others f or a
cha rge.
b) repai ring or servicing aut os, including any
rela ted duties.
2.
due to suicide committed w hile sane or insane.
3.
due to any a ct of war, insurre ction, re bellion or
revolution.
4.
sustained while in, on, getting into or out of, or
whe n struck as a pedestrian by
a) a vehicle operated on ra ils or crawler
trea ds;
Arising out of the part icipation in any
prearrange d or organized:
a. racing contest,
b. speed contest, or
c. use of an auto at a track or course
designed or used for racing or high
performa nce driving, or in practice or
preparation for a ny contest or use of this
type.
Payment of Benefits; Autopsy
The benefit is payable to the deceased insured
persons spouse: The spouse must be a resident of
the same household as the insured person at the
time of the accident. However, if the deceased is a
minor, the benefit is payable to either parent. That
parent must be a resident of the same household as
the minor at the time of the accident. In all other
cases, the benefit is payable to the deceased insured
persons estate.
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We have the right and must be given the opportunity
to make an autopsy w here it is not prohibited by law.
Consent of Beneficiary
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The beneficiarys consent is not required for
cancellation, assignment, change of beneficiary, or
any other change under this coverage.
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Proof Of Claim; Medical Reports
As soon as possible, we must be given written proof
of claim. It must include all details we may need to
determine if benefits are payable. We must be given
authorization to obtain medical reports and copies of
records.
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Part 4
Automobile Disability Inc ome Protec tion
Coverage CW
We will pay the w eekly benefit shown on the Policy
Declarations if an insured person sustains continuous
total disability as a direct result of bodily injury
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caused by an aut o accident. The injury must be
sustained while in, on, getting into or out of, or when
struck as a pedestrian by an aut o, trailer or semitrailer.
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3.
due to any a ct of war, insurre ction, re bellion or
revolution.
4.
sustained while in, on, getting into or out of, or
whe n struck as a pedestrian by
a) a vehicle operated on ra ils or crawler
trea ds;
b) a vehicle or other e quipment designed for
use off public roads, while not on public
roads; or
c) a vehicle while used as a residence or
premises.
5.
Arising out of the part icipation in any
prearrange d or organized:
a. racing contest,
b. speed contest, or
c. use of an auto at a track or course
designed or used for racing or high
performa nce driving, or in practice or
preparation for a ny contest or use of t his
type.
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Benefits will be paid only w hile the insured person is
alive and only if the disability:
1. comme nce s within 20 days of the date of the
accident; and
2.
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during the first year after commencement,
continuously prevents t he insure d person from
performing all duties pertaining to that
persons occupation; and
during the second and subsequent years a fter
comme nce ment, cont inuously prevents the
insured pe rson from e ngaging in any
occupa tion or employment for wage or profit.
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Insured Persons
The person or persons shown as insured on the
Policy Declarations under Coverage CW.
To Whom and When Payment Is Made
Definitions
1.
" We" or " Our" means the company shown
on the Policy De clarat ions.
2.
" Aut o" means a land motor vehicle designed
for use on public roads.
3.
" Bodily Injury"
or infection.
means bodily injury, sickness
Exc lusions What is not covered
This coverage does not apply to disability:
1. sustained while in the course of a n occupa tion
by any person w hile:
a) opera ting, loa ding, unloading, assisting
on, or pe rforming a ny other duties related
to the use of a commercial aut o, or an
auto hired or re nted to others f or a
cha rge.
b) repai ring or servicing aut os, including any
rela ted duties.
2.
due to atte mpt at suicide while sa ne or insane.
Weekly benefits are payable to the disabled insured
person. Accrued weekly benefits are payable every
four weeks. Any remaining balance is payable at
termination of the disability period. Benefits end upon
the death of the insured person.
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Proof of Claim; Medical Reports
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As soon as possible, any person making claim must
give us written proof of claim.
The injured person may be required to take physical
examinations by physicians we choose, as often as
we may reasonably require. We must be given
authorization to obtain medical reports and copies of
records.
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Part 5
Uninsured Motorists Insurance
Coverage SS
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We w ill pay those damages an insured person is
legally entitled to recover from the owner or operator
of an uninsured auto because of:
1. bodily injury sustained by a n insured pe rson,
and
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2.
propert y damage. Property damage is
covered only if a se parat e limit is shown on t he
Policy Declarations for Uninsured Motorists
Insurance Property Dama ge.
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furnishe d for t he regular use of you or any
resident relative.
4.
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The bodily injury or property damage must be
caused by accident and arise out of the ownership,
maintenance or use of an uninsured auto. We w ill not
pay any punitive or exemplary damages. This
coverage does not apply to the first $250 of the total
amount of all property damage as the result of any
one accident.
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not ow ned by you or a resident relative, if
being operated by you with the owners
permission. The mot or vehic le must not be
available or furnishe d for the regular use of
you or any resident rela tive.
An insured auto is not a mot or vehicle made
available for public hire by an insured person.
An uninsured auto is:
Insured Persons
1.
Any other person while in, on, getting into or
out of a n insured a uto with your permission.
2.
a motor vehic le covered by a bond or
insurance policy w hich doesnt provide at leas
the minimum fi nancial security re quirements
of the st ate w here your insured a uto is
principal ly gara ged.
a motor vehic le for which the insure r denies
coverage , or the insurer become s insolvent .
4.
a hit -and-run motor vehic le which cause s
a) bodily injury to an insured person by
physical contact with the insured person
or w ith a vehicle occupied by t hat person.
The identity of the operator and the owner
of the ve hicle must be unknow n. The
accident must be reported t o the proper
authorities within 24 hours. We must be
notified w ithin 30 days. If the insured
person was occupying the vehicle a t the
time of the a ccide nt, w e have a right to
inspect it.
b) a property damage by physical contact
with the insured mot or vehic le. If the
ow ner and operat or of the vehicle are
unknown, you must give us the
regist ration number and description of the
motor vehic le or ot her information t o
establish that the vehicle w as not insured
for property dama ge liability at the time of
the accident.
You and any resident rela tive.
2.
a motor vehic le which ha s no bodily injury or
property damage liability bond or insurance
policy in effect at t he time of the accident.
3.
1.
3.
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Any other person who is legal ly entitled to
recover because of bodily injury to you, a
resident relative or an occupant of your
insured a uto with your permission.
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An insured auto is a motor vehicle:
1.
described on the Policy Decla rations. This
includes the motor vehic le you replace it w ith.
2.
you become t he ow ner of during the policy
period. This additional mot or vehic le will be
covered for 30 days a fter you become the
ow ner only if we or one of our affiliates insure
all other motor vehic les you own and you pay
any additional premium.
Coverage for the additional mot or vehic le will
be continued be yond this 30 day pe riod only if:
a) you ask us to continue coverage within 30
days after you acquire the mot or vehic le;
b) we agree to continue coverage for t his
additional motor vehic le; and
c) you pay any additional premium.
3.
not ow ned by you or a resident relative if
being tempora rily use d while your insured
auto is be ing service d or repaired, or if your
insured a uto is stolen or destroyed. The mot or
vehicle must be use d with the ow ners
permission. It also must not be a vailable or
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5.
an underinsured motor vehic le which ha s
liability protection in effect a nd applicable at
the time of the accident in a n amount equal to
or greater than the amounts required for bodily
injury or property da mage liability in the Illinois
Safety Responsibility Law , but less than the
applicable limit of liability for Coverage SS
show n on your Policy Declarations.
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in the insured auto, or damage caused by a n
underinsured motor vehic le.
5.
" Resident " means a person who physica lly
reside s in your household wit h the inte ntion of
continuing residence the re. Your unmarried
dependent children w hile temporarily aw a y
from home will be conside red residents if they
intend to resume residing in your household.
a motor vehic le that is lawfully sel f-insured.
How ever, a lawfully self-insured mot or vehic le
may be a n underinsured motor vehic le whe n
the liability protection in e ffect and a pplicable
at the time of the accident is less tha n the
applicable limit of liability for Covera ge SS
show n on your Policy Declarations.
6.
" You" or " Your" means the policyholder
named on the Policy Decla rations and that
policyholde rs resident spouse.
2.
a motor vehic le ow ned by any fede ral, state,
or loca l government or agency.
1.
bodily injury or propert y damage to any
person who makes a settlement without our
written consent.
3.
a motor vehic le which is insured f or
Automobile Lia bility Insurance under Part 1 of
this policy.
2.
bodily injury or propert y damage to any
person while in, on, getting into or out of or
whe n struck by a ve hicle you ow n which is
insured f or this coverage under another policy.
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An uninsured auto is not:
1.
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Exc lusions What is not covered
We w ill not pay any damages an insured person is
legally entitled to recover because of:
Definitions
1.
" We" , " Us" or " Our" means t he company
show n on the Policy De clarat ions.
2.
" Bodily Injury" means bodily injury,
sickness, disea se or de ath.
3.
" Mot or Vehicle" means a land motor ve hicle
or trailer othe r than:
a) a vehicle or othe r equipment designed for
use off public roads, while not on public
roads,
b) a vehicle operated on ra ils or crawler
trea ds, or
c) a vehicle when use d as a re sidence or
premises.
4.
" Propert y Damage" means da mage to or
destruction of the insured a uto described in
the Policy Decla rations by physical contact
with an uninsured auto. Property damage
does not include loss of use of the insured
auto, damage to persona l prope rty cont ained
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3.
4.
5.
bodily injury if the pa yment would directl y or
indire ct ly benefit any work ers compensation
or disa bility be nefits insurer, including a
self-insurer.
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propert y damage if the pa yment would
directl y or indirectly be nefit a n insurer of
property.
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bodily injury or propert y damage arising out
of the pa rticipa tion in a ny prearrange d or
organized:
a. racing contest,
b. speed contest, or
c. use of an auto at a track or course
designed or used for racing or high
performa nce driving, or in practice or
preparation for a ny contest or use of t his
type.
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Allst ate Fire and Casu alty Insurance Company
Limits of Liability
3.
The coverage limit shown on the Policy Declarations
for:
1. " each person" is the maximum t hat w e will
pay for damage s arising out of bodily injury to
one person in any one motor vehic le accident,
including damages sustained by anyone e lse
as a re sult of that bodily injury .
If the accident involves the use of an underinsured
motor vehicle, the limits for this coverage will be
reduced by:
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2.
3.
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" each accident" is t he maximum w e will pay
for da mages a rising out of bodily injury to two
or more pe rsons in a ny one mot or vehic le
accident. This limit is subject to the limit for
" each person."
" each accident" is t he maximum w e will pay
for property dama ge resulting from any one
motor vehic le accident. Subject to this limit,
our limit of liability for propert y damage will
be the le sser of :
a) the actual ca sh value of the insured auto,
or
b) the amount necessary to replace or repa ir
the insured auto.
The Uninsured Motorists Coverage limits apply to
each insured mot or vehicle as shown on the Policy
Declarations. This means the insuring of more than
one person or auto under this or other auto policies
will not increase our uninsured motorists limit of
liability beyond the amount shown for any one auto,
even though a separate premium is charged for each
auto.
Damages payable will be reduced by:
1.
2.
1.
all amounts pai d by or on be half of the ow ner
or ope rator of the underinsured auto or a nyone
else responsible . This includes a ll sums pa id
under the bodily injury or property damage
liability coverage of t his or a ny other auto
insurance policy.
2.
all amounts paya ble under any w orke rs
compensat ion law, or similar law , or under any
automobile medical pa yments cove rage
provide d by this policy, or similar automobile
medical payments coverage .
3.
all amounts pai d under Part 6 of this policy
providing coverage for property damage.
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all amounts pai d by or on be half of the ow ner
or ope rator of the uninsure d auto or anyone
else responsible . This includes a ll sums pa id
under the bodily injury or property damage
liability coverage of t his or a ny other auto
insurance policy.
all amounts paya ble under any w orke rs
compensat ion law, or similar law , Automobile
Medical Payments, or any similar automobile
medical payments coverage .
all amounts pai d under Part 6 of this policy
providing coverage for property damage.
If the accident involves the use of an underinsured
motor vehicle, the limits for this coverage will be
reduced by all amounts paid by or on behalf of the
owner or operator of the underinsured mot or vehicle,
including partial payments made by an insolvent
insurer.
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We are not obligated to make any payment for bodily
injury under this coverage which arises out of the
use of an underinsured motor vehicle until after the
limits of liability for all liability protection in effect and
applicable at the time of the accident have been
exhausted by payment of judgments or settlements.
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This provision shall not apply if the insured person, or
the legal representative of the insured person, and
we agree that the insured person has suffered bodily
injury as the result of the negligent operation,
maintenance, or use of an underinsured motor
vehicle and, without arbitration, also agree on the
amount of damages that the insured person is
entitled to collect.
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Our limit of liability under such an agreement shall be
final as to the amount due and shall be binding upon
both us and the insured person, regardless of the
amount of any judgment, or any settlement reached
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between the insured person and any person or
persons responsible for the accident.
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In addition, no such agreement shall be concluded
unless:
1. the insured person has complied with all ot her
applicable policy terms and conditions; and
2. before the conclusion of such an agreeme nt,
a) the insured person has filed suit agai nst
the ow ner or ope rator of the underinsured
motor vehic le; and
b) the insured person has not abandoned the
suit; and
c) the insured person has not settled the suit
without preserving our right of
subrogat ion.
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Nonduplication of Benefits
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Proof of Claim; Medical Reports
As soon as possible, any person making claim must
give us written proof of claim. It must include all
details we may need to determine the amounts
payable. We may also require any person making
claim to submit to examination under oath and sign
the transcript.
The insured person may be required to take medical
examinations by physicians we choose, as often as
we reasonably require. We must be given
authorization to obtain medical reports and copies of
records.
Any person making claim for property damage must
allow us to inspect the damaged property.
Assistance and Cooperation
No injured person will recover duplicate benefits for
the same elements of loss under this or any other
uninsured motorists insurance, including approved
plans of self-insurance.
We may require the insured person to take proper
action to preserve all rights to recover damages from
anyone responsible for the bodily injury or property
damage.
If There Is Other Insurance
Trust Agreement
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If the insured person w as in, on, getting into or out of
a vehicle you do not own w hich is insured for this
coverage under another policy, this coverage w ill be
excess. This means that when the insured person is
legally entitled to recover damages in excess of the
other policy limit, we will only pay the amount by
which the limit of liability of this policy exceeds the
limit of liability of that policy.
If more than one policy applies to the accident on a
primary basis, the total benefits payable to any one
person will not exceed the maximum benefits
payable under the policy with the highest limit for
uninsured motorists coverage. We will bear our
proportionate share with other uninsured motorists
benefits. This applies no matter how many autos or
auto policies may be involved, w hether written by us
or another company.
With respect to property damage, this coverage will
be excess over any other valid and collectible
insurance.
When we pay any person under this coverage:
1. we are e ntitled to re payment of amounts paid
by us and related collection expe nses out of
the proce eds of any se ttlement or judgme nt
that person re covers from a ny responsible
party or insurer.
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2.
3.
all rights of recovery against a ny responsible
party or insurer must be ma intaine d and
preserved for our benefit.
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insured pe rsons, if we ask, must take proper
action in their own na me to recover dama ges
from any re sponsible party or insurer. We will
select the attorney. We will pay all related
costs and fee s.
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We will not a sk the insured person to sue the
insured of an insolvent insurer.
Subrogation Rights
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When we pay, an insured persons rights of recovery
from anyone else become ours up to the amount we
have paid. An insured person must protect these
rights and help us enforce them.
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Allst ate Fire and Casu alty Insurance Company
If the loss arises from the use of an underinsured
motor vehicle, our right of subrogation applies only if
we pay the insured person an amount equal to any
tentative settlement between the injured person and
the responsible party or insurer within 30 days of
written notice to us of the tentative settlement.
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Payment Of Loss By Us
Any amount due is payable to the insured person, to
the parent or guardian of an injured minor, or to the
spouse of any insured person who dies. However, we
may pay any person lawfully entitled to recover the
damages.
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Act ions Against Us
No one may bring an action against us in any way
related to the existence or amount of coverage, or
the amount of loss for which coverage is sought,
under Part 5 Uninsured Motorists Insurance,
unless there is full compliance with all policy terms
and, except as provided below, such action is
commenced within two years after the date of the
accident.
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If an insured person commences a timely action
against the owner or operator of an uninsured auto to
recover damages for loss arising out of the accident
and gives us w ritten notice of such action within 30
days after such action is comme nced, an action
against us related to the existence or amount of
coverage, or the amount of loss for which coverage
is sought, may be brought more than two years after
the date of the accident, but in no event later than
the earliest of the following to occur:
a)
one year after entry of a final judgment or
other court order t erminating such la wsuit
against the owner or operator of an uninsured
auto; or
b) one year after we deny covera ge.
If there is a demand by an insured person or us for
arbitration and the arbitration award exceeds the
amount required for bodily injury or property
damage liability in the Illinois Safety Responsibility
Law, no action may be commenced more than 60
days after the date of the arbitration aw ard.
If any insured person sues a person believed
responsible for the accident without our written
consent, we arent bound by any resulting judgment.
If We Cannot Agree
If the insured person or we dont agree on coverage
or on that persons right to receive any damages or
the amount, then upon the w ritten request of either,
the disagreement w ill be settled by arbitration.
Arbitration will take place under the rules of the
American Arbitration Association for all disputes on
coverage or on the insured persons right to receive
any damages or the amount, except for issues
surrounding medical opinions, unless the insured
person or we object.
As to medical opinion disputes, if the amount of
damages sought is equal to or less than the amounts
provided for in the Illinois Safety Responsibility Law,
then the American Arbitration Association rules will
apply, otherw ise the Rules of Evidence that apply in
circuit court for placing medical opinions into
evidence shall govern.
Any dispute with respect to the coverage and the
amount of damages shall be submitted for arbitration
to the American Arbitration Association, and the
following method of arbitration will be used. The
insured person w ill select one arbitrator and we will
select another. The two arbitrators will select a third.
The written decision of any two arbitrators will
determine the issues. If the arbitrators are not
selected within 45 days, either party may demand
that the entire matter be submitted to the American
Arbitration Association for resolution. If they cannot
agree on a third arbitrator within 20 days, the judge
of a court of record in the county of jurisdiction
where arbitration is pending will appoint the third
arbitrator.
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Regardless of the method of arbitration, any award
up to $50,000 for one person in one accident and
$100,000 for more than one person in one accident,
or the policy limits, whichever is less, will be binding
and may be entered as a judgment in a proper court.
We w ill pay the reasonable and customary costs of
arbitration.
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Regardless of the method of arbitration, when any
arbitration award exceeds $50,000 for one person in
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one accident and $100,000 for more than one person
in one accident, or the policy limits, whichever is
less, either party has a right to trial on all issues in a
court of competent jurisdiction. This right must be
exercised within 60 days of the award. Costs,
including attorney fees, are to be paid by the party
incurring them. The right to trial w hen an arbitration
award exceeds the amount described above does not
apply to underinsured motorists coverage.
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No one may pursue arbitration under Part 5
Uninsured Motorist s Insurance unless there is full
compliance w ith all policy terms. No one may pursue
arbitration under Part 5 Uninsured Motorists
Insurance unless the demand for arbitration is made
within two years after the date of the accident or, if
later, within one year after the insurer of the owner
or operator of an uninsured vehicle denies coverage
or is declared insolvent by the responsible regulator.
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However, if an insured person commences a timely
action against the owner or operator of an uninsured
vehicle to recover damages for loss arising out of the
accident and gives us written notice of such action
within 30 days after such action is commenced, the
insured person or we may demand arbitration more
than two years after the date of the accident, but in
no event later than one year after entry of a final
judgment or other court order terminating such
law suit against the ow ner or operator of an
uninsured auto.
No arbitrator shall have the authority to aw ard
punitive damages or attorneys fees. Neither of the
parties shall be entitled to arbitrate any claims in a
representative capacity or as a member of a class.
No arbitrator shall have the authority, w ithout the
mutual consent of the parties, to consolidate claims
in arbitration.
Coverage DD
Auto Collision Insurance
We will pay for direct and accidental loss to your
insured aut o (including insured loss to an attached
trailer) from a collision with another object or by
upset of that aut o or trailer. The deductible amount
wont be subtracted from the loss payment in
collisions involving your insured auto and another
aut o insured for automobile liability insurance by us.
Coverage HH
Auto Comprehensive Insurance
We will pay for direct and accidental loss to your
insured aut o not caused by collision. Loss caused by
missiles, falling objects, fire, theft or larceny,
explosion, earthquake, windstorm, hail, water, flood,
malicious mischief or vandalism, and riot or civil
commotion is covered. Glass breakage, whether or
not caused by collision, and collision with a bird or
animal is covered.
The deductible amount will not be subtracted from
the loss payment when the loss is caused by a peril
listed under Coverage HE.
By agreement between you and us, the deductible
amount will not be subtracted from a glass breakage
loss if the glass is repaired rather than replaced.
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Coverage HE
Auto Fire, Lightning and Transport ation
Insurance
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We will pay for direct and accidental loss to your
insured aut o due to:
1. fire or lightning.
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2.
smoke or smudge due to a sudden, unusual
and fault y opera tion of any fixed he ating
equipme nt serving the pre mises in which the
auto is locate d.
3.
stranding, sinking, burning, collision or
derai lment of any conveya nce in or upon
which the auto is being transported on la nd or
water.
Part 6
Protec tion Against Loss To The Auto
The following coverages apply when indicated on the
Policy Declarations. Additional payments, autos
insured, definitions, exclusions and other information
applicable to all these coverages appear beginning
on page 21.
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Allst ate Fire and Casu alty Insurance Company
1.
if the auto is disabled by a collision or
compre hensive loss, completion of repairs or
repla ce ment of the auto;
2.
Coverage HG
Auto Fire, Lightning, Transportation and
Theft Insuranc e
if the auto is stolen, whe n w e offer settlement
or your auto is returned to use; or
3.
thirt y full days of covera ge.
We will pay for direct and accidental loss to your
insured aut o caused by any peril under Coverages HE
or HF.
Coverage ZA
Sound System Coverage
Coverage HF
Auto Theft Insuranc e
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We will pay for direct and accidental loss to your
insured aut o caused by theft or larceny.
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Coverage JJ
Tow ing and Labor Cost s
We will pay costs for labor performed at the initial
place of disablement of your insured aut o. We w ill
also pay for towing made necessary by the
disablement. The total limit of our liability for tow ing
and labor caused by a single loss is shown on the
Policy Declarations.
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Coverage UU
Rental Reimbursement
If you have collision or comprehensive coverage
under this policy and the loss involves either
coverage, we will repay you for your cost of renting
an auto from a rental agency or garage. We will not
pay more than the dollar amount per day shown on
the Policy Declarations. We wont pay mileage
charges.
If your insured aut o is stolen, payment for
transportation expenses will be made under the
terms of paragraph 3. under " Additional Payments
We Will Mak e." However, the limits for this coverage
will apply if they exceed the limits stated under
" Additional Payments We Will Mak e."
If your insured aut o is disabled by a collision or
comprehensive loss, coverage starts the day of the
loss. If the entire insured aut o is stolen, coverage
begins the day you report the theft to us. If it is
driveable, coverage starts the day your insured auto
is taken to a garage for repairs.
Coverage ends when whichever of the follow ing
occurs first:
We w ill pay for direct and accidental loss to a sound
system permanently installed in your auto by bolts,
brackets or other means, its antennas or other
apparatus in or on your auto used specifically with
that system.
Coverage ZA applies only if comprehensive insurance
is in effect under this policy. This coverage makes
sound systems, and antennas or other apparatus
used specifically with them, insured property under
the terms of both collision and comprehensive
insurance. The limit of our liability for each loss is
shown on the Policy Declarations for each vehicle.
Coverage ZZ
Tape Coverage
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We w ill pay for direct and accidental loss to any
tapes, compact discs, or similar items used with aut o
sound systems. Coverage applies to property you or
a resident relative own that is in or on your insured
aut o at the time of loss. The total limit of our liability
for each loss is shown on the Policy Declarations.
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This coverage applies only if you have
comprehensive insurance under this policy. Coverage
ZZ makes tapes, compact discs, or similar items
insured property under your comprehensive
insurance.
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Additional Payments We Will Mak e
1.
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We will pay up to $200 f or loss of clothing and
persona l luggage, including its conte nts,
belonging to you or a resident rela tive w hile it
is in or upon your insured aut o. This provision
does not a pply if the insured auto is a traveltrailer.
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Allst ate Fire and Casu alty Insurance Company
This coverage applies only when:
a) the loss is ca used by collision and you
have purchase d collision insurance.
b) the entire aut o is stole n, and you have
purchased comprehensive insura nce .
c) physical damage is done to the aut o and
to the clothing and lugga ge caused by
earthquake, e xplosion, f alling objects, fire,
lightning, or flood and you have
purchased comprehensive insura nce .
2.
An additional four wheel private passenger
auto or utilit y aut o you acquire owne rship of
during the policy period will be covered for 30
days immediately aft er you become the ow ner.
How ever, w e will provide this cove rage only if
we or one of our affiliates insure al l other
privat e passenger aut os you ow n, and you pay
the addit ional premium. Cove rage will be
continued beyond this 30 day period only if:
a) you ask us to continue coverage within 30
days afte r you acquire the auto or utilit y
auto; and
b) we agree to continue coverage for t his
additional private passe nger auto or
utilit y aut o; and
c) you pay any additional premium.
3.
A substitut e four whe el private passe nger aut o
or ut ility auto not owned by you, being
temporarily used w ith the pe rmission of the
ow ner w hile your insured auto is being
serviced or re paire d, or if your insured auto is
stolen or destroyed.
4.
A non-ow ned four whe el private passe nger
auto or utilit y aut o used by you or a resident
with the owners permission. This auto must
not be ava ilable or furnished for the regular
use of you or any resident.
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2.
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We will re pay you up to $10 for the cost of
transportation from the place of t heft of your
insured aut o or disa bleme nt of the aut o to
your de stination, if:
a) the entire aut o is stole n and you have
compre hensive insurance under this
policy.
b) the auto is disabled by a collision or
compre hensive loss, and you have the
coverage under this policy applica ble to
the loss.
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This provision doe s not a pply if the
insured aut o is a t ravel-trailer.
3.
4.
If you have comprehensive insurance unde r
this policy, w e will re pay up to $10 a da y but
not more tha n $300 for e ach loss for the cost
of transport ation when the entire aut o is
stolen. This covera ge begins 48 hours after
you report the t heft to us, but ends when w e
offer settlement or your aut o is ret urned to
use.
5.
Any aut o described on the Policy Decla rations.
This includes t he four whe el private passe nger
auto or utilit y aut o you replace it w ith if:
a) you notify us within 30 days of the
repla ce ment, a nd
b) you pay any additional premium.
A tra iler while attached to an insured aut o. The
trai ler must be designed for use w ith a private
passenger auto. This trailer cant be used for
business purposes wit h other than a private
passenger auto or utilit y aut o. Home, office ,
store , display or passenger tra ilers are not
covered. Travel-t railers or camper unit s are
not covered unless described on the Policy
Declarations.
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If you have purchase d collision or
compre hensive insurance under this policy, w e
will pay gene ral a verage and salvage cha rges
impose d whe n your insured aut o is being
transported.
Insured Autos
1.
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Definitions
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1.
" We" , " Us" or " Our" means the compa ny
show n on the Policy De clarat ions.
2.
" Aut o" means a land motor ve hicle designe d
for use on public roads.
3.
" Camper Unit " means a demountable unit
designed to be used as temporary living
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quarters, including a ll equipment and
acce ssorie s built into and forming a permanent
part of the unit . A camper unit does not
include:
a) ca ps, tops or ca nopies designed for use
as prot ection of the cargo area of a ut ility
auto; or
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b) radio or television antennas, a wnings,
ca banas, or equipme nt designed t o creat e
additional off-highw ay living facilities.
4.
5.
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" Mot or Home" means a self-propelled
vehicle equipped, designed or used as a living
quarters.
" Resident " means a person who physica lly
reside s in your household wit h the inte ntion of
continuing to live the re. Your unmarried
dependant children w hile temporarily aw ay
from home will be conside red residents if they
intend to resume residing in your household.
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6.
7.
8.
9.
" Sound Syst em" means a ny device w ithin
the insured aut o designed for:
a) voice or video transmission, or for voice,
video or rada r signal recepti on; or
b) recording or playing back recorded
mate rial; or
c) supplying pow er to cellular or similar
telephone equipment, and w hich is
installed in a loca tion other tha n the one
designe d by the aut os manufa ct urer for
that device .
" Travel- trailer" means a trailer of the house ,
ca bin or camping type e quipped or used as a
living quarters.
" Utilit y Auto" means a n auto or the pick-up
body, sedan del ivery or panel truck type , this
auto must have a gross ve hicle weight of
10,000 pounds or less according t o
manufa ct urers specifications.
" You" or " Your" means the policyholder
named on the Policy Decla rations and that
policyholde rs resident spouse.
10. Custom parts or equipment means
equipme nt, devices, accessories,
enhanceme nts, and changes, other tha n those
offered by the manufacturer of the aut o
specifically for that model, or installed by the
auto dea lership whe n new as part of the
original sale, which a lter the appea rance or
performa nce of an aut o. This does not include
items designed for assisting disable d persons
or items covered under Sound Syste m
Coverage.
Exc lusions What is not covered
These coverages dont apply to:
1. loss intentional ly caused by or at the direction
of an insured person. This exclusion w ill not
apply to the interest of an innocent co-insured
who did not contribute t o the loss if the loss
arose out of a pattern of criminal domestic
violence a nd the perpetra tor of the loss is
criminally prosecuted for the act causing t he
loss.
2.
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any auto used for the transport ation of people
or property for a fee. This exclusion doe s not
apply to sha red-expense car pools.
3.
any dama ge or loss resulting from any a ct of
war, insurrection, rebel lion or revolution.
4.
loss to a ny non-owned auto used in auto
business operations such a s but not limited to,
repai ring, servicing, test ing, w ashing, parking,
storing or sel ling of autos.
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5.
loss due to radioactive conta minat ion.
6.
damage resulting from wear-and-tear,
free z ing, mechanica l or e lectrica l brea kdown
unless the da mage is the burning of wire s
used to connect e lectrica l compone nts, or the
result of othe r loss cove red by this policy.
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7.
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tire s unless stolen or da maged by fire,
malicious mischie f or va ndalism. Coverage is
provide d if the da mage to tires occurs at t he
same time a nd from the same cause as other
loss covered by this policy.
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8.
loss to a ny sound syst em within your aut o.
Coverages under this Pa rt al so w ill not apply to
any apparatus in or on the auto designed for
use w ith that system.
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This exclusion will not a pply if you have
purchased Coverage ZA.
9.
loss, to a ny tapes, compact discs, or similar
items, unless you have Cove rage ZZ under t his
policy.
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10. loss to a camper unit whe ther or not mounted.
This exclusion w ill not apply if the camper unit
is describe d on the Policy De clarations.
11. loss to a ppliances, furniture, equipment and
acce ssorie s that are not built into or forming a
permanent part of a motor home or traveltrailer.
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12. loss to your mot or home or travel-trailer w hile
rented to anyone else unle ss a specific
premium is shown on the Policy Decla rations
for t he rental of your motor home or
travel- trailer.
13. loss which results from the ba nkruptcy,
insolvency or fra udulent acti vity of a ny person
who has possession of your insured aut o for
the purpose of a consignment sa le.
14. bodily injury or propert y damage arising out of
the participation in any prearranged or
organized:
a. racing contest,
b. speed contest, or
c. use of an auto at a track or course
designed or used for racing or high
performa nce driving, or in practice or
preparation for a ny contest or use of t his
type.
15. loss to a ny cust om parts or equipment
designed for ra cing which is installed in or
upon your insured auto. This includes, but is
not limited t o, nitrous oxide systems, roll
ca ges, and air intak e modifications.
Right to Appraisal
Both you and us have a right to demand an appraisal
of the loss. Each will appoint and pay a qualified
appraiser. Other appraisal expenses will be shared
equally. The two appraisers, or a judge of a court of
record, will choose an umpire. Each appraiser will
state the actual cash value and the amount of loss. If
they disagree, theyll submit their differences to the
umpire. A written decision by any two of these three
persons w ill determine the amount of the loss.
Payment of Loss by Us
We may pay for the loss in money, or may repair or
replace the damaged or stolen property. We may, at
any time before the loss is paid or the property is
replaced, return at our own expense any stolen
property, either to you or at our option to the address
shown on the Policy Declarations, with payment for
any resulting damage. We may take all or part of the
property at the agreed or appraised value. We may
settle any claim or loss either with you or the ow ner
of the property.
Limits of Liability
Our limit of liability is the least of:
1.
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2.
the actual ca sh value of the property or
damage d part of the property at the time of
loss, which may include a deduction for
depreciation; or
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the cost to repai r or repla ce the property or
part t o its physical condition a t the ti me of loss
using part s produced by or for the vehicles
manufa ct urer, or parts from other sources,
including, but not limited to, non-original
equipme nt manufacturers, subject to
applicable state laws and regulations; or
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3.
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$500, if the loss is to a covered trailer not
described on the policy de clarations.
Any applicable deductible amount is then subtracted.
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If we, at our option, elect to pay for the cost to repair
or replace the property or part, our liability does not
include any decrease in the propertys value,
however measured, resulting from the loss and/or
repair or replacement.
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Allst ate Fire and Casu alty Insurance Company
If we, at our option, elect to pay for the cost to repair
or replace the property or part, we may make
betterment deductions attributable to the poorer
condition of, or prior damage to, the insured vehicle.
We may also deduct for betterment if the deductions
are for prior wear and tear, missing parts and rust
damage that is reflective of the general overall
condition of the vehicle considering its age. However,
deductions for prior wear and tear, missing parts and
rust damage that is reflective of the general overall
condition of the vehicle considering its age may not
exce ed $500.
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The maximum Allstate w ill pay for a covered loss to
any custom parts or equipment is $1,000.
An aut o and attached trailer are considered separate
aut os, and you must pay the deductible, if any, on
each. Only one deductible w ill apply to an aut o with a
mounted camper unit. If unmounted, a separate
deductible will apply to the aut o and the camper
unit .
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When more than one coverage under this policy is
applicable to the loss, you may recover under the
broadest coverage but not both.
If There Is Other Insurance
If there is other insurance covering the loss at the
time of the accident, we w ill pay only our share of
any damages. Our share is determined by adding the
limits of this insurance to the limits of all other
insurance that applies on the same basis and finding
the percentage of the total that our limits represent.
but not both. However, any Coverage ZA deductible
will always apply.
Act ion Against Us
No one may bring an action against us in any way
related to the existence or amount of coverage, or
the amount of loss for which coverage is sought,
under Part 6 Protection Against Loss to The Auto,
unless there is full compliance with all policy terms
and such action is commenced within one year after
the date of loss.
This one year requirement to bring action against us
will be extended by the number of days equal to the
period of time between the date of loss and the date
we deny the claim in whole or in part.
Subrogation Rights
When we pay, your rights of recovery from anyone
else become ours up to the a mount we have paid.
You must protect these rights and help us enforce
them.
Loss Payable Clause
If a Lienholder and/or Lessor is shown on the Policy
Declarations, we may pay loss or damage under this
policy to you and the Lienholder and/ or Lessor as its
interest may appear, except:
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2.
If more than one policy applies on an excess basis,
we w ill bear our proportionate share w ith other
collectible excess insurance.
When more than one coverage is applicable to the
loss, you may recover under the broadest coverage
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When this insurance covers a substitute aut o or
non-ow ned aut o, w e will pay only after all other
collectible insurance has been exhausted.
When this insurance covers a replacement auto or
additional aut o, this policy wont apply if you have
other collectible insurance.
Where fra ud, misreprese ntation, mate rial
omission, or intentional damage has bee n
committed by or at the directi on of you.
When the vehicle(s) is intentiona lly damaged,
destroyed or concea led by or at the direction
of you or any owne r. This e xclusion does not
apply to the interest of an innocent co-insured
who did not contribute t o the loss if the loss
arose out of a pattern of criminal domestic
violence a nd the perpetra tor of the loss is
criminally prosecuted for the a ct causing the
loss.
When you or any owne r ma kes fraudulent
statement(s) or engages in f raudule nt conduct
in connection with any accident or loss for
which cove rage is sought.
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The Lienholder and/ or Lessor must notify us of any
change in ownership or hazard that is known.
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Allst ate Fire and Casu alty Insurance Company
If you or any owner fails to render proof of loss within
the time granted in the policy, the Lienholder and/or
Lessor must do so within sixty days in the form and
manner described in the policy. The Lienholder
and/or Lessor are subject to the provisions of the
policy relating to appraisal, time of payment and
bringing suit.
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What You Must Do If There Is A Loss
1.
As soon as possible, any pe rson making clai m
must give us written proof of loss. It must
include all details reasonably re quired by us.
We have the right to inspect the da maged
property. We may require any person making
claim to file with us a sw orn proof of loss. We
may al so require tha t person to submit to
examinations unde r oath and sign the
transcript.
2.
Protect the aut o from furt her loss. We will pay
reasonable expe nses to guard against furthe r
loss. If you dont protect the auto, furthe r loss
is not covered.
3.
Report all the ft losse s promptly to the prope r
authorities.
4.
You must cooperate w ith us in our effort to
investiga te the loss and sett le any clai ms.
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We may cancel this policy according to its terms. We
will notify the Lienholder and/or Lessor at least ten
days prior to the date of cancellation that the
cancellation is effective as to the interest of the
Lienholder and/ or Lessor.
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Whenever we pay the Lienholder and/or Lessor any
sum for loss or damage under this policy, we w ill be
subrogated to the extent of payment to the rights of
the party to whom payment w as made. However,
these subrogation provisions must in no way impair
the rights of the Lienholder and/or Lessor to recover
the full amount of its claim from the insured.
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The Lienholder and/ or Lessor has no greater rights
under the provisions of the policy than the insured.
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