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ch 6
Personal Auto Policy
| Term | Definition |
|---|---|
| named insured | listed in the Declarations, and includes the spouse if a resident of the same household. |
| family member | a person related to the named insured by blood, marriage, or adoption, including a ward or foster child who is a resident of the household. |
| covered auto | is any vehicle shown in the Declarations, a newly acquired auto, any trailer the insured owns, or a non-owned auto or trailer while being used as a temporary substitute vehicle. |
| temporary substitute vehicle | is a non-owned vehicle used in place of an insured vehicle that is out of normal use due to breakdown, repair, servicing, loss, or destruction. |
| newly acquired auto | one to which the named insured takes title and either replaces an existing vehicle owned by the named insured, or a vehicle that increases the total number of vehicles owned by the named insured. |
| Supplementary Payments | under Part A – Liability Coverage include the cost of bail bonds, appeal bonds, post-judgment interest, loss of earnings, and reasonable expenses while assisting the insurer in the defense of a claim. |
| Part A Exclusions | include bodily injury or property damage intentionally caused by an Insured; property in the insured’s care, custody, and control; bodily injury to an insured’s employee while working for the insured; using a vehicle as public or livery conveyance; workin |
| Part A Liability | does not apply to vehicles with fewer than four wheels, vehicles that are owned but not insured, uninsured vehicles owned by family members; vehicles furnished for the regular use of the named insured or family members; and vehicles inside a racing facili |
| maximum limit paid | under Part A – Liability Coverage is shown on the policy’s Declarations and applies per accident for all bodily injury and property damage arising from one accident, including damages for care, loss of services, and death. |
| stacked | If a loss is covered under more than one Part of the policy, payment will not be duplicated or stacked. |
| When a covered auto is driven outside the state in which it is principally garaged | Part A – Liability Coverage extends to provide coverage required by the financial responsibility or compulsory insurance laws of that state or Canadian province. |
| If other insurance applies at the time of the loss | the personal auto policy will only pay its share of the loss in the proportion the policy’s limit bears to all insurance in place. |
| under Medical Payments coverage | the insurer will pay reasonable expenses incurred within 3 years of the accident. The limit applies per person and payments are only made for necessary medical and funeral services caused by the accident. |
| Medical payments coverage applies | regardless of fault, to any insured occupying any auto or as a pedestrian when struck by a motor vehicle designed for use mainly on public roads. |
| Part B, Medical Payment exclusions | an insured occupying a vehicle with fewer than 4 wheels, using a vehicle as a public or livery conveyance or a residence, struck by an uninsured vehicle owned or furnished to an insured family member, using a vehicle without the reasonable belief of en |
| Part C – Uninsured Motorists Coverage (UM) provides | insurance to persons injured in accidents caused by another party who is legally responsible for injuries to an insured that arise out of the ownership, maintenance, or use of an uninsured motor vehicle. |
| Excluded under Part C | are accidents involving an owned vehicle that is uninsured, a vehicle while being used as a public or livery conveyance, the insured using a vehicle without the reasonable belief of entitlement to drive it, using a vehicle while engaged in business, when |
| The process of arbitration | is used when the insurer and the insured do not agree on the recovery of damages or the amount recoverable by the insured. Each party selects an arbitrator who then jointly select a third arbitrator who determines the insured’s amount of damages. |
| Underinsured Motorists Coverage (UIM) | covers the insured against drivers who have auto liability insurance but the coverage limits are inadequate. UIM coverage will pay the amount over the at-fault driver’s coverage up to the UIM limit. |
| Part D – Coverage for Damage to Your Vehicle | also known as the physical damage coverages collision and other than collision, pays for direct and accidental damage, regardless of fault, to the insured’s covered vehicles and non-owned autos. |
| Collision | is the upset of the covered vehicle or a non-owned auto or its impact with another vehicle or object. |
| Other Than Collision (OTC, Comprehensive) | provides open perils coverage for loss caused by any peril that is not excluded in the policy. |
| non-owned auto | is any private passenger auto, pickup, van, or trailer not owned by, furnished to, or available for the regular use of the named insured or a family member, while being used by the named insured or a family member |
| Transportation expenses coverage pays for | the cost of transportation expenses incurred as a result of a covered collision or other than collision loss. No deductible applies and the limit of coverage is up to $20 per day, or a total of $600. |
| If a loss is caused by a total theft of the covered auto or a non-owned auto | the insurer will only pay transportation expenses incurred during the period that begins 48 hours after the theft and ends when the auto is returned to use or the insurer pays for the loss. Payments begin 24 hours after loss caused by all other covered p |
| Part D exclusions | an insured vehicle being used as a public or livery conveyance; damage as a result of wear and tear; freezing; mechanical breakdown; road damage to tires; war or nuclear hazard; tapes, records, disks, or other media; and electronic equipment unless it’ |
| The Part D limit of liability for loss is | the lesser of the actual cash value (ACV) of the vehicle or the amount necessary to repair or replace the vehicle with another of like kind and quality. Part D does not pay for betterment |
| Part E – Duties After an Accident or Loss | include prompt notification of any claims and legal papers received; cooperation in the claims investigation and settlement; submission to a physical exam; authorization for the insurer to obtain copies of medical reports and records; submission of a r |
| Part F – General Provisions | include bankruptcy or insolvency of an insured; changes to the policy; fraud; legal action against the insurer; right to recover payment; policy period and territory; policy termination provisions; transfer of the insured’s interest in the policy; and |
| Part F – General Provisions | Selected endorsements for the personal auto policy include Extended Non-Owned Coverage for a Named Individual, Towing and Labor Costs Coverage Endorsement, Miscellaneous Type Vehicle Endorsement, Named Non-owner Coverage for a Named Individual, Excess |