Preview
FILED: NASSAU COUNTY CLERK 09/05/2023 03:58 PM INDEX NO. 614356/2023
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/05/2023
EXHIBIT A
FILED: NASSAU COUNTY CLERK 09/05/2023 03:58 PM INDEX NO. 614356/2023
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/05/2023
Allstate.
You're in good hands.
Page l of 25
Auto
p
A U131-3
Policy number . Policy effective
Policyholders . Your Allstate agency is
FILED: NASSAU COUNTY CLERK 09/05/2023 03:58 PM INDEX NO. 614356/2023
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/05/2023
Auto Policy Page 2 of 25
Policy number:
Policy effective date:
Your Allstate agency is
Table of Contents
GENERALPROVISIONS..--..........-.................-.........................4 If There is Other Insurance..........................................-...-..........12
insuring Agreement _...................-........ ...............................-...4 Action Against Us.--.............-.................-....................-.-.-.12
When And Where The Policy Applies ..............-.........................4 Subrogation Ri ghts....-........................-.........................-...........12
Conformity To State Statutes..”..”.-........-..-.........-...”.-.........4 Proof Of Claim; Medical Reports...............-..........._.............-13
Out Of State Coverage..................................................................-4 Insurance-
PartIII-Automobile Deathindemnity
Insurance Coverage in Mexico...................................-..........-...4
Coverage CM..................................................................13
Premium Changes....1x.-.....L...................-.-.-.....--...............4
Insuring Agreement ....................................._......---............_..13
Coverage Changes......... . ......-............................................-5
. Insured Persons.........................- ..................---....--.-.......13
Duty To Report Autos 5
Definitions.......................................................................................13
""~~"""""""""""'""""" """"""""""""""-""- -5
Exclusions-What Is Not Covered......-...._..............................13
What To Do If There Is A Loss....-.......;.......-.....-.......................5
Payment Of Benefits; Autopsy.......-..........--..............-.......-..13
Assistance And Cooperation...................-......... ...._...--...-.5
Consent Of Beneficiary...”............-...-....................-..................13
Subrogation Rights...................................- ...................................5
Proof Of Claim; Medical Reports .........-........-...-......._..-...13
Combining Limits Of Two Or More Autos Prohibited .............5
Transfer........................................................ -..-....... ..-.,., ...--..6 Part W-Uninsured Motoristsinsurance...............-..........._14
Cancellation..-...-.--..............................................,!...L........6 Insuring Agreements...._.......-...-.-...-.”..........”..........-..-...14
Conditional Reinstatement..................................... . . ..4-..-...6 Definitions................-......_.........................-..................-.....-..14
Fraud..............-.........-.......................................-............,... ...........6 EXCLUSIONS............--.. ..-..._..........................-...---15
Dividend Provision..-...-.--..........-.-.........”..-.....................6 CONDITIONS.........................................................-....._....-.......15
Notice Of Disclaimer..................................-............-................. 7 Policy Provisions...........................................-.-”...............-..........15
Arbitration.....-..-.-....--..-.”.-............”..”...........-......-......I..7 Premium .....”.................................-.................................................16
Bankruptcy Or Insolvency ..-..-.............-.......-.........-........-...-27 Notice And Proof Of Claim.-..........--.................-.---.--.. 16
What Law Will Apply........................................................-............7 Medical Reports ...........................................................................-.16
Where Lawsuits May Be Brought.........--.-........ ...................7 Notice Of Legal Action......-....... ......................-....-..-..16
UM Limit Of Liability............................................-.......................16
Part l-Automobile Liability Insurance
Other Insurance _............-............-............”.............................16
Bodily Injury-Coverage AA
Release Or Advance......-...........-..........-.....-.-.-...................-..17
Property Damage-Coverage BB............._....---....7
Non-Duplication................................................................-............17
Insuring Agreement -.....”...-.-....................-................................7 .
17
Our Right To Appeal..............-..............”....._.-..._...-.....”......-..8
Subrogation 17
Additional Payments We Will Make.....-............-......................8
Payment Of Loss By Company..-.........”.....................-..............17
Insured Persons.......................-...-.._..-..”....--..........................8 .
Action Against Company........ ......................-..-.......-...............17
Insured Autos......................................-...............-.............-............8
Assignnaent -----.------------.------.---17
Definitions...--.........--.........”......”..---..-......-.”..............8
Survivor Rights.............. .......,... ....-.. ...--....-..-.......-.17
Exclusions-What Is Not Covered..............................-...-........9
Policy Penod-Termination...4...... . ......e.........-.........._.........17
Financial Responsibility-.............................................................-9
Limits Of Liability...........-.................. . --........-......”.........-.......9 Part V-Protection Against Loss ToThe Auto-
Supplemental Limits Of Liability...................................................9 Coverages DD, HH, HE, HF, HG, J J, UU, ZA, ZZ.....18
Supplemental Spousal Liability Insurance.....-......-................10 insuring Agreements For Each Coverage......................-..-......18
if There Is Other Insurance...........-....................-................_10 Additional Payments We Will Make......... .........-.........-....-.19
Action Against Us......-..........-.-.....................--.............-.....10 Insured Autos.......................-..”.-.................-....-.........-...........19
Definitions............-.......-.............._........--......------20
Part ll-Automobile Medical Payments-Coverage CC -....10
Exclusions-What Is Not Covered.............................................20
Agreement...--.-.................................................-....10
Insuring
Persons..-.................--..---..............................-10
'N h----- ___-------21
Insured
Payment Of Loss By Us........................................................-........21
Insured Autos..............................................................................”..10 . p
Auto Repairs _..-.--.-.-.-.. .............-....--.........-.......21
Definitions........-..............-........-.....-.-.........................-.........11
!ss Payable Clause.....................................”.............-..........-....-21
Exclusions-What Is Not Covered..........................-.-....._...11
. . Limits Of Liability.......................................................-...................21
Limits Of Liability.-..............._.........-.-..._.....................-..-12
If There Is Other insurance.-...-.-----.---..-....-.........22
FILED: NASSAU COUNTY CLERK 09/05/2023 03:58 PM INDEX NO. 614356/2023
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/05/2023
Auto Policy
Policy number:
Pohey effective date:
You're in good hands.
Your Allstate agency is
Page 3 of 25
Action Against Us ..........................................................................22
Subrogation Rights ........................................................................22
Inspection Of Your Auto ..............................................................22
Rental Vehicle Coverage Endorsement....................................22
Insuring Agreement..... .................................................................22
Definitions....L...............................................................................22
Priority Of Payment ........ ............................................................23
Exclusions .......... .............................................................................23
Subrogation .....................................................................................23
FILED: NASSAU COUNTY CLERK 09/05/2023 03:58 PM INDEX NO. 614356/2023
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/05/2023
Auto Policy Page 4 of 25
Policy number:
Policy effective date:
Your AIIstate agency is
..
Allstate Insurance 2. A compulsory insurance or similar law requiring a
Company
The Company Named in the Policy Declarations nonresident to maintain insurance whenever the
A Stock Company - Home Office: Northbrook, Illinois nonresident uses a vehicle in that stateor province,
your policy will provide the required amounts and
types of coverage.
GENERAL PROVISIONS
The following provisioris apply to all parts of the policy
B. No one will be entitled to duplicate payments for the
except where otherwise noted.
same elements of loss.
Insuring Agreement
Insurance Coverage In Mexico
This policy is a legal contract between you and us. A . . .
Prior to entering and dnving m Mexico, you must check with
coverage applies only when a premium for it is shown on the
the appropriate Mexican authorities regarding insurance
Policy Declarations. If more than one auto is insured,
requirements.
premiums will be shown for each auto. If you pay the
premiums when due and comply with the policy terms, we,
Motor vehicle accidents in Mexico are subject to the laws of
relying on the declarations, makes the following agreements
Mexico, NOT the United States of America. In Mexico, an
with you
. accident can be considered a CRIMINAL OFFENSE as well as
The terms of this policy impose joint obligations on persons
defined in applicable sections of this policy as insured .
. . . In some cases, part or all of this policy may NOT be
persons(s). This means that the responsibilities, acts and
recognized by Mexican authorities and we may not be
omissions of a person defined as an insured person wdl be
allowed to provide any insurance coverage at all in Mexico.
binding upon other person(s) defined as insured persons(s).
For your protection, you should consider purchasing
. . coverage for your auto from a licensed Mexican insurance
When And Where The Pohey Applies
company before driving into Mexico.
Your policy applies only during the premium period. During
this time, it applies to losses to the auto, accidents and
However¿when will be afforded for those
possible, protection
occurrences within the United States
of America, its coverages for which a premium is shown on the Policy
territories or possessions or Canada, or between their ports. auto while that
Declarations for an insured insured auto is
coverage afforded under Uninsured Motorists-
However, within 75 miles of the United States border and only for a
Coverage SS Insurance applies in the territory described in period not to exceed ten days after each separate entry into
Part IV. The premium period is shown on the Policy
Mexico.
Declarations.
If loss or damage occurs whichmay require repair of an
Conformity To State Statutes insured auto or replacement of any part(s) while an insured
When any policy provision is in conflict with the statutes of auto is in Mexico, the basis for adjustment of the claim will be
the state in which the insured auto.is principally garaged, the as follows: Any amount payable resulting from any covered
provisions are amended to conform to such statutes. loss or damage occurring in Mexico shall be payable in the
United States. We will not be iiable for more than the cost of
Out Of State Coverage having the repairs made or parts replaced at the nearest
If an auto accident to which this policy applies occurs in any point in the United States where repairs or replacements can
state or province other than the one in which your covered be performed. The costs for towing, transportation, and
auto is principally garaged, we will interpret your policy for salvage operations of an insured auto while within Mexico
that accident as follows: are not covered under this policy.
A. If the state or province has: Premium Changes
1. A financial responsibility or similar law specifying The premium for each auto is based on information We have
limits of liability for bodily injury or property damage received from you or other sources. You agree to cooperate
higher than the limit shown in the Policy with us in determining if this information is correct, if it is
Declarations, your policy will provide the higher complete, and if it changes during the policy period. You
specified limit. a 8
FILED: NASSAU COUNTY CLERK 09/05/2023 03:58 PM INDEX NO. 614356/2023
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/05/2023
Auto Policy
Policy number:
Policy effective date
You're in good hands.
Your Allstate agency is
Page 5 of 25
agree that if this information changes or is incorrect or give us written proof of loss, including all details we may
incomplete, we may adjust your premium accordingly during need to determine the amounts payable.
the policy period.
2. We may require any person making a claim to file with us
Changes which result in a premium ad justment are contained a sworn of loss. We may also require that person to
proof
in our rules. Theseinclude, but are not limited to: submit to examinations under oath, separately and apart
1. autos insured by the policy, including changes in use; from others, and to sign the transcript.
2. drivers residing in your household, their ages or marital
status; 3. If an insured person is sued as the result of an auto
3. coverages or coverage limits; accident, we must be informed immediately.
4. rating territory; and
5. discount eligibility. 4. You must allow us to inspect any damaged property.
Coverage Changes 5. You must protect the auto from further loss. We will pay
When period reasonable expenses to guard against further loss. If you
we broaden a coverage during the policy
additional don't protect the auto, further loss is not covered.
without charge, you have the feature if you have
the coverage to which it applies. The new feature applies on
6. You must report all theft losses as soon as reasonably
the date the coverage change is effective in your state.
possible to the police.
Otherwise, the policy can be changed only by endorsement.
7. Any insured personmay be required to undergo medical
Duty To Report Autos
examinations by physicians we choose, as often as we
You must tell us within 60 days when you acquire an
. . reasonaÆ requkeEe nw be gNen aueo!adon to
additional or replacement auto. If you don't, certain
. obtam medical reports and other records pertinent to the
coverages of this policy may not apply.
When you acquire an additional auto, it will be covered by us . .
Assistance And Cooperation
for 30 days immediately after you acquire ownership. We will
An insured person must cooperate with us in the
provide this coverage only if no other insurance policy
investigation settlement and defense
of any claim or lawsuit.
provides coverage for this auto and you pay the additional
If we ask, that person must also help us obtain payment from
premium.
anyone who inay be jointly responsible.
Coverage will be continued beyond this 30 day period only if:
If an insured person voluntarify takes any action or makes any
1. you ask us to continue coverage within 30 days after you
payments other than for.covered expenses for bonds or first
acquire the auto:
aid to others, we are not obligated to provide reimbursement
2. for such payments. Under.Uninsured Motorist Insurance, we
we agree to continue coverage for this additional auto;
and may require an insured person to take proper action to
preserve all rights to recover damages from anyone
3. you pay the additional premium. responsible for the bodily injury. .
Notice Subrogation Rights
Your notice to an authorized representative shall be deemed When we pay, an insured person's rights of recovery from
to be notice to us. anyone else become ours up to the amount we have paid.
The insured person must protect these rights and help us
enforce them.
What To Do If There Is A Loss
1. If an insured person has an accident involving an insured
CombiningLimits Of Two Or More Autos
auto, we or one of our authorized representatives must
be informed as soon as possible of all details. As soon as Prohibited
reasonably possible, any person making a claim must If you have two or more autos insured in your name and one
of these autos is involved in an accident, only the coverage
FILED: NASSAU COUNTY CLERK 09/05/2023 03:58 PM INDEX NO. 614356/2023
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/05/2023
Auto Policy Page 6 of 25
Policy number:
Policy effective date:
Your Allstate agency is
..
limits shown on the Policy Declarations for that auto will suspended or revokedduring the last12 months. This
apply. When you have two or more autos insured in your provision doesn't
apply to administrative suspensions
name and none of them is involved in the accident, you may which are terminated prior to the effective date of the
choose any single auto shown on the Policy Declarations and cancellation.
the coverage limits applicable to that auto will apply.
(4) we have mailed notice within the first 60 days that we
The limits available for any other auto covered by the policy don't intend to continue the policy.
will not be added to the coverage for the involved or chosen
auto. . This cancellation or reduction in coverage will be issued
according to the required procedures of the New York
Transfer Insurance Law.
This policy can't be transferred to anyone without our written
consent. if you die, coverage will be provided until If we don't intend to continue the policy beyond the current
However,
the end of the premium period for: . premium period, we will mail you notice at least 45 days but
not more than 60 days before the end of the premium period.
(1) persons covered on the date of your death,
The premium for your policy is determined by calculating the
(2) your legal representative while acting as such, and
premium for each coverage afforded for each vehicle and
then totaling these premiums. This whole policy premium is
(3) any person who has proper temporary custody of your
owned auto until your legal representative is appeinted an indivisible, non-severable amount. If you don't pay any
and qualified. premium amountwhen its due, your entire policy will be
cancelled according to the notification requirements and
procedures of this provision.
Cancellation
You may cancel this policy by writing us the future date you
.Conditional Remstatement
wish to stop coverage.
If we mail a cancellation notice because you didn't pay the
We may cancel part or all of this policy notice to required premium when due and you then payment
tender by
by mailing
you at the address shown on the Policy Declarations. If we check draft,.or other remittance which is not honored upon
because you didn't presentation, your policy will terminate on the date and time
cancel pay the premium, the date of
cancellation will be at least 15 days after the date of mailing. shown on the cancellation notice and any notice we issue
we will give you 20 days notice. which waives the cancellation or reinstates coverage is void.
Otherwise,
This means that we will not be liable under this policy for
Proof of mailing the notice will be proof of notice. A refund, if claims or damages after the date and time indicated on the
to the time your policy has been in cancellation notice.
due, will be in proportion
effect. Cancellation will be effective even if the refund is not
made immediately. Any unearned premium amounts under Fraud
$2.00 will be refunded only upon your request. We do not provide coverage for any insured who has made
fraudulent statements or engaged in fraudulent conduct in
After your original policy has been in effect 60 days, We connection with any accident or loss for which coverage is
won't cancel or reduce your coverage during the premium sought under this policy. . .
period unless:
(1) you don't pay the premium when it's due. However, we will provide coverage to such insured for
damages sustained by any person who has not made
(2) the policy was obtained or renewed through material fraudulent statements or engaged in fraudulent conduct if
misrepresentation, or there is material misrepresentation such damages result from an accident which is otherwise
in the submission of any claim. covered under this policy.
(3) you or any member of your household or anyone else Dividend Provision
who usually operates an auto insured under this policy You shall be entitled to participate in a distribution of any
has had a driver's license or motor vehicle registration surplus of to the extent and upon the conditions fixed and
O
FILED: NASSAU COUNTY CLERK 09/05/2023 03:58 PM INDEX NO. 614356/2023
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/05/2023
Auto Policy
Policy number:
Policy effective date:
Your Allstate is You're in good hands,
agency
Page 7 of 25
determined from time to time by its Board of Directors in the laws of that jurisdiction would apply In the absence of a
accordance with the provisions of any applicable laws and contractual choice of law provision such as this.
regulations.
Where Lawsuits May Be Brought
Notice Of Disclaimer Subject to the following two paragraphs, any and all lawsuits,
We will give you and the claimant written notice within a by an insured person or between an insured person and us, in
reasonable periodof time of any disclaimer of our liability any way related to this policy shall be brought, heard, and
or denial of coverage underany of the liability coverages of decided only in a state or federal court located in New York.
the policy. Any and all lawsuits against persons not parties to this
lawsuit but involved in the sale, administration, performance,
Arbitration or alleged breach of this policy or involved in any other way
with this policy, shall be brought, heard, and decided only in a
Any ciairn or dispute in any way related to this policy, by a
person insured under this policy against us or us against a state or federal court located in New York, provided that such
person insured under this policy, may be resolved by persons are subject to or consent to suit in the courts
arbitration specified in this paragraph.
only upon mutual consent of the partiess
Arbitration pursuant to this provision shall be subject to the
following: If a covered loss to the auto, a covered auto accident, or any
a) no arbitrator shall
Preview
FILED: NASSAU COUNTY CLERK 09/05/2023 03:58 PM INDEX NO. 614356/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/05/2023 EXHIBIT A FILED: NASSAU COUNTY CLERK 09/05/2023 03:58 PM INDEX NO. 614356/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/05/2023 Allstate. You're in good hands. Page l of 25 Auto p A U131-3 Policy number . Policy effective Policyholders . Your Allstate agency is FILED: NASSAU COUNTY CLERK 09/05/2023 03:58 PM INDEX NO. 614356/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/05/2023 Auto Policy Page 2 of 25 Policy number: Policy effective date: Your Allstate agency is Table of Contents GENERALPROVISIONS..--..........-.................-.........................4 If There is Other Insurance..........................................-...-..........12 insuring Agreement _...................-........ ...............................-...4 Action Against Us.--.............-.................-....................-.-.-.12 When And Where The Policy Applies ..............-.........................4 Subrogation Ri ghts....-........................-.........................-...........12 Conformity To State Statutes..”..”.-........-..-.........-...”.-.........4 Proof Of Claim; Medical Reports...............-..........._.............-13 Out Of State Coverage..................................................................-4 Insurance- PartIII-Automobile Deathindemnity Insurance Coverage in Mexico...................................-..........-...4 Coverage CM..................................................................13 Premium Changes....1x.-.....L...................-.-.-.....--...............4 Insuring Agreement ....................................._......---............_..13 Coverage Changes......... . ......-............................................-5 . Insured Persons.........................- ..................---....--.-.......13 Duty To Report Autos 5 Definitions.......................................................................................13 ""~~"""""""""""'""""" """"""""""""""-""- -5 Exclusions-What Is Not Covered......-...._..............................13 What To Do If There Is A Loss....-.......;.......-.....-.......................5 Payment Of Benefits; Autopsy.......-..........--..............-.......-..13 Assistance And Cooperation...................-......... ...._...--...-.5 Consent Of Beneficiary...”............-...-....................-..................13 Subrogation Rights...................................- ...................................5 Proof Of Claim; Medical Reports .........-........-...-......._..-...13 Combining Limits Of Two Or More Autos Prohibited .............5 Transfer........................................................ -..-....... ..-.,., ...--..6 Part W-Uninsured Motoristsinsurance...............-..........._14 Cancellation..-...-.--..............................................,!...L........6 Insuring Agreements...._.......-...-.-...-.”..........”..........-..-...14 Conditional Reinstatement..................................... . . ..4-..-...6 Definitions................-......_.........................-..................-.....-..14 Fraud..............-.........-.......................................-............,... ...........6 EXCLUSIONS............--.. ..-..._..........................-...---15 Dividend Provision..-...-.--..........-.-.........”..-.....................6 CONDITIONS.........................................................-....._....-.......15 Notice Of Disclaimer..................................-............-................. 7 Policy Provisions...........................................-.-”...............-..........15 Arbitration.....-..-.-....--..-.”.-............”..”...........-......-......I..7 Premium .....”.................................-.................................................16 Bankruptcy Or Insolvency ..-..-.............-.......-.........-........-...-27 Notice And Proof Of Claim.-..........--.................-.---.--.. 16 What Law Will Apply........................................................-............7 Medical Reports ...........................................................................-.16 Where Lawsuits May Be Brought.........--.-........ ...................7 Notice Of Legal Action......-....... ......................-....-..-..16 UM Limit Of Liability............................................-.......................16 Part l-Automobile Liability Insurance Other Insurance _............-............-............”.............................16 Bodily Injury-Coverage AA Release Or Advance......-...........-..........-.....-.-.-...................-..17 Property Damage-Coverage BB............._....---....7 Non-Duplication................................................................-............17 Insuring Agreement -.....”...-.-....................-................................7 . 17 Our Right To Appeal..............-..............”....._.-..._...-.....”......-..8 Subrogation 17 Additional Payments We Will Make.....-............-......................8 Payment Of Loss By Company..-.........”.....................-..............17 Insured Persons.......................-...-.._..-..”....--..........................8 . Action Against Company........ ......................-..-.......-...............17 Insured Autos......................................-...............-.............-............8 Assignnaent -----.------------.------.---17 Definitions...--.........--.........”......”..---..-......-.”..............8 Survivor Rights.............. .......,... ....-.. ...--....-..-.......-.17 Exclusions-What Is Not Covered..............................-...-........9 Policy Penod-Termination...4...... . ......e.........-.........._.........17 Financial Responsibility-.............................................................-9 Limits Of Liability...........-.................. . --........-......”.........-.......9 Part V-Protection Against Loss ToThe Auto- Supplemental Limits Of Liability...................................................9 Coverages DD, HH, HE, HF, HG, J J, UU, ZA, ZZ.....18 Supplemental Spousal Liability Insurance.....-......-................10 insuring Agreements For Each Coverage......................-..-......18 if There Is Other Insurance...........-....................-................_10 Additional Payments We Will Make......... .........-.........-....-.19 Action Against Us......-..........-.-.....................--.............-.....10 Insured Autos.......................-..”.-.................-....-.........-...........19 Definitions............-.......-.............._........--......------20 Part ll-Automobile Medical Payments-Coverage CC -....10 Exclusions-What Is Not Covered.............................................20 Agreement...--.-.................................................-....10 Insuring Persons..-.................--..---..............................-10 'N h----- ___-------21 Insured Payment Of Loss By Us........................................................-........21 Insured Autos..............................................................................”..10 . p Auto Repairs _..-.--.-.-.-.. .............-....--.........-.......21 Definitions........-..............-........-.....-.-.........................-.........11 !ss Payable Clause.....................................”.............-..........-....-21 Exclusions-What Is Not Covered..........................-.-....._...11 . . Limits Of Liability.......................................................-...................21 Limits Of Liability.-..............._.........-.-..._.....................-..-12 If There Is Other insurance.-...-.-----.---..-....-.........22 FILED: NASSAU COUNTY CLERK 09/05/2023 03:58 PM INDEX NO. 614356/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/05/2023 Auto Policy Policy number: Pohey effective date: You're in good hands. Your Allstate agency is Page 3 of 25 Action Against Us ..........................................................................22 Subrogation Rights ........................................................................22 Inspection Of Your Auto ..............................................................22 Rental Vehicle Coverage Endorsement....................................22 Insuring Agreement..... .................................................................22 Definitions....L...............................................................................22 Priority Of Payment ........ ............................................................23 Exclusions .......... .............................................................................23 Subrogation .....................................................................................23 FILED: NASSAU COUNTY CLERK 09/05/2023 03:58 PM INDEX NO. 614356/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/05/2023 Auto Policy Page 4 of 25 Policy number: Policy effective date: Your AIIstate agency is .. Allstate Insurance 2. A compulsory insurance or similar law requiring a Company The Company Named in the Policy Declarations nonresident to maintain insurance whenever the A Stock Company - Home Office: Northbrook, Illinois nonresident uses a vehicle in that stateor province, your policy will provide the required amounts and types of coverage. GENERAL PROVISIONS The following provisioris apply to all parts of the policy B. No one will be entitled to duplicate payments for the except where otherwise noted. same elements of loss. Insuring Agreement Insurance Coverage In Mexico This policy is a legal contract between you and us. A . . . Prior to entering and dnving m Mexico, you must check with coverage applies only when a premium for it is shown on the the appropriate Mexican authorities regarding insurance Policy Declarations. If more than one auto is insured, requirements. premiums will be shown for each auto. If you pay the premiums when due and comply with the policy terms, we, Motor vehicle accidents in Mexico are subject to the laws of relying on the declarations, makes the following agreements Mexico, NOT the United States of America. In Mexico, an with you . accident can be considered a CRIMINAL OFFENSE as well as The terms of this policy impose joint obligations on persons defined in applicable sections of this policy as insured . . . . In some cases, part or all of this policy may NOT be persons(s). This means that the responsibilities, acts and recognized by Mexican authorities and we may not be omissions of a person defined as an insured person wdl be allowed to provide any insurance coverage at all in Mexico. binding upon other person(s) defined as insured persons(s). For your protection, you should consider purchasing . . coverage for your auto from a licensed Mexican insurance When And Where The Pohey Applies company before driving into Mexico. Your policy applies only during the premium period. During this time, it applies to losses to the auto, accidents and However¿when will be afforded for those possible, protection occurrences within the United States of America, its coverages for which a premium is shown on the Policy territories or possessions or Canada, or between their ports. auto while that Declarations for an insured insured auto is coverage afforded under Uninsured Motorists- However, within 75 miles of the United States border and only for a Coverage SS Insurance applies in the territory described in period not to exceed ten days after each separate entry into Part IV. The premium period is shown on the Policy Mexico. Declarations. If loss or damage occurs whichmay require repair of an Conformity To State Statutes insured auto or replacement of any part(s) while an insured When any policy provision is in conflict with the statutes of auto is in Mexico, the basis for adjustment of the claim will be the state in which the insured auto.is principally garaged, the as follows: Any amount payable resulting from any covered provisions are amended to conform to such statutes. loss or damage occurring in Mexico shall be payable in the United States. We will not be iiable for more than the cost of Out Of State Coverage having the repairs made or parts replaced at the nearest If an auto accident to which this policy applies occurs in any point in the United States where repairs or replacements can state or province other than the one in which your covered be performed. The costs for towing, transportation, and auto is principally garaged, we will interpret your policy for salvage operations of an insured auto while within Mexico that accident as follows: are not covered under this policy. A. If the state or province has: Premium Changes 1. A financial responsibility or similar law specifying The premium for each auto is based on information We have limits of liability for bodily injury or property damage received from you or other sources. You agree to cooperate higher than the limit shown in the Policy with us in determining if this information is correct, if it is Declarations, your policy will provide the higher complete, and if it changes during the policy period. You specified limit. a 8 FILED: NASSAU COUNTY CLERK 09/05/2023 03:58 PM INDEX NO. 614356/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/05/2023 Auto Policy Policy number: Policy effective date You're in good hands. Your Allstate agency is Page 5 of 25 agree that if this information changes or is incorrect or give us written proof of loss, including all details we may incomplete, we may adjust your premium accordingly during need to determine the amounts payable. the policy period. 2. We may require any person making a claim to file with us Changes which result in a premium ad justment are contained a sworn of loss. We may also require that person to proof in our rules. Theseinclude, but are not limited to: submit to examinations under oath, separately and apart 1. autos insured by the policy, including changes in use; from others, and to sign the transcript. 2. drivers residing in your household, their ages or marital status; 3. If an insured person is sued as the result of an auto 3. coverages or coverage limits; accident, we must be informed immediately. 4. rating territory; and 5. discount eligibility. 4. You must allow us to inspect any damaged property. Coverage Changes 5. You must protect the auto from further loss. We will pay When period reasonable expenses to guard against further loss. If you we broaden a coverage during the policy additional don't protect the auto, further loss is not covered. without charge, you have the feature if you have the coverage to which it applies. The new feature applies on 6. You must report all theft losses as soon as reasonably the date the coverage change is effective in your state. possible to the police. Otherwise, the policy can be changed only by endorsement. 7. Any insured personmay be required to undergo medical Duty To Report Autos examinations by physicians we choose, as often as we You must tell us within 60 days when you acquire an . . reasonaÆ requkeEe nw be gNen aueo!adon to additional or replacement auto. If you don't, certain . obtam medical reports and other records pertinent to the coverages of this policy may not apply. When you acquire an additional auto, it will be covered by us . . Assistance And Cooperation for 30 days immediately after you acquire ownership. We will An insured person must cooperate with us in the provide this coverage only if no other insurance policy investigation settlement and defense of any claim or lawsuit. provides coverage for this auto and you pay the additional If we ask, that person must also help us obtain payment from premium. anyone who inay be jointly responsible. Coverage will be continued beyond this 30 day period only if: If an insured person voluntarify takes any action or makes any 1. you ask us to continue coverage within 30 days after you payments other than for.covered expenses for bonds or first acquire the auto: aid to others, we are not obligated to provide reimbursement 2. for such payments. Under.Uninsured Motorist Insurance, we we agree to continue coverage for this additional auto; and may require an insured person to take proper action to preserve all rights to recover damages from anyone 3. you pay the additional premium. responsible for the bodily injury. . Notice Subrogation Rights Your notice to an authorized representative shall be deemed When we pay, an insured person's rights of recovery from to be notice to us. anyone else become ours up to the amount we have paid. The insured person must protect these rights and help us enforce them. What To Do If There Is A Loss 1. If an insured person has an accident involving an insured CombiningLimits Of Two Or More Autos auto, we or one of our authorized representatives must be informed as soon as possible of all details. As soon as Prohibited reasonably possible, any person making a claim must If you have two or more autos insured in your name and one of these autos is involved in an accident, only the coverage FILED: NASSAU COUNTY CLERK 09/05/2023 03:58 PM INDEX NO. 614356/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/05/2023 Auto Policy Page 6 of 25 Policy number: Policy effective date: Your Allstate agency is .. limits shown on the Policy Declarations for that auto will suspended or revokedduring the last12 months. This apply. When you have two or more autos insured in your provision doesn't apply to administrative suspensions name and none of them is involved in the accident, you may which are terminated prior to the effective date of the choose any single auto shown on the Policy Declarations and cancellation. the coverage limits applicable to that auto will apply. (4) we have mailed notice within the first 60 days that we The limits available for any other auto covered by the policy don't intend to continue the policy. will not be added to the coverage for the involved or chosen auto. . This cancellation or reduction in coverage will be issued according to the required procedures of the New York Transfer Insurance Law. This policy can't be transferred to anyone without our written consent. if you die, coverage will be provided until If we don't intend to continue the policy beyond the current However, the end of the premium period for: . premium period, we will mail you notice at least 45 days but not more than 60 days before the end of the premium period. (1) persons covered on the date of your death, The premium for your policy is determined by calculating the (2) your legal representative while acting as such, and premium for each coverage afforded for each vehicle and then totaling these premiums. This whole policy premium is (3) any person who has proper temporary custody of your owned auto until your legal representative is appeinted an indivisible, non-severable amount. If you don't pay any and qualified. premium amountwhen its due, your entire policy will be cancelled according to the notification requirements and procedures of this provision. Cancellation You may cancel this policy by writing us the future date you .Conditional Remstatement wish to stop coverage. If we mail a cancellation notice because you didn't pay the We may cancel part or all of this policy notice to required premium when due and you then payment tender by by mailing you at the address shown on the Policy Declarations. If we check draft,.or other remittance which is not honored upon because you didn't presentation, your policy will terminate on the date and time cancel pay the premium, the date of cancellation will be at least 15 days after the date of mailing. shown on the cancellation notice and any notice we issue we will give you 20 days notice. which waives the cancellation or reinstates coverage is void. Otherwise, This means that we will not be liable under this policy for Proof of mailing the notice will be proof of notice. A refund, if claims or damages after the date and time indicated on the to the time your policy has been in cancellation notice. due, will be in proportion effect. Cancellation will be effective even if the refund is not made immediately. Any unearned premium amounts under Fraud $2.00 will be refunded only upon your request. We do not provide coverage for any insured who has made fraudulent statements or engaged in fraudulent conduct in After your original policy has been in effect 60 days, We connection with any accident or loss for which coverage is won't cancel or reduce your coverage during the premium sought under this policy. . . period unless: (1) you don't pay the premium when it's due. However, we will provide coverage to such insured for damages sustained by any person who has not made (2) the policy was obtained or renewed through material fraudulent statements or engaged in fraudulent conduct if misrepresentation, or there is material misrepresentation such damages result from an accident which is otherwise in the submission of any claim. covered under this policy. (3) you or any member of your household or anyone else Dividend Provision who usually operates an auto insured under this policy You shall be entitled to participate in a distribution of any has had a driver's license or motor vehicle registration surplus of to the extent and upon the conditions fixed and O FILED: NASSAU COUNTY CLERK 09/05/2023 03:58 PM INDEX NO. 614356/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/05/2023 Auto Policy Policy number: Policy effective date: Your Allstate is You're in good hands, agency Page 7 of 25 determined from time to time by its Board of Directors in the laws of that jurisdiction would apply In the absence of a accordance with the provisions of any applicable laws and contractual choice of law provision such as this. regulations. Where Lawsuits May Be Brought Notice Of Disclaimer Subject to the following two paragraphs, any and all lawsuits, We will give you and the claimant written notice within a by an insured person or between an insured person and us, in reasonable periodof time of any disclaimer of our liability any way related to this policy shall be brought, heard, and or denial of coverage underany of the liability coverages of decided only in a state or federal court located in New York. the policy. Any and all lawsuits against persons not parties to this lawsuit but involved in the sale, administration, performance, Arbitration or alleged breach of this policy or involved in any other way with this policy, shall be brought, heard, and decided only in a Any ciairn or dispute in any way related to this policy, by a person insured under this policy against us or us against a state or federal court located in New York, provided that such person insured under this policy, may be resolved by persons are subject to or consent to suit in the courts arbitration specified in this paragraph. only upon mutual consent of the partiess Arbitration pursuant to this provision shall be subject to the following: If a covered loss to the auto, a covered auto accident, or any a) no arbitrator shall