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Filing # 99697718 E-Filed 12/03/2019 11:46:58 AM
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
TREVOR RICHARDS
and NOVLAT RICHARDS,
Plaintiffs,
vs. Case No: 50-2017-CA-012343-
XXXX-MB
ACE AMERICAN INSURANCE
COMPANY,
Defendant.
/
ACE AMERICAN INSURANCE COMPANY’S MOTION FOR
FINAL SUMMARY JUDGMENT AND INCORPORATED
MEMORANDUM OF LAW
PART 2 OF 3
*** FILED: PALM BEACH COUNTY, FL SHARON R BOCK, CLERK. 12/03/2019 11:46:58 AM ***POLICY NUMBER: ISA H09052082 Endorsement Number: 66
COMMERCIAL AUTO
CA 01 34 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
MAINE CHANGES
For a covered "auto" licensed or principally garaged in Maine, this endorsement modifies insurance provided under the
following:
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by
the endorsement.
Changes In Conditions This payment will not reduce the Limit of Insurance.
1. The lead-i
CA 01 34 10 13
to the Duties In The Event Of
Accident, Claim, Suit Or Loss Condition is
replaced by the following:
Duties In The Event Of Accident, Claim, Suit Or
Loss
We have no duty to provide coverage under this
policy if the failure to comply with the following
duties is prejudicial to us:
. The following provision is added to the General
Conditions and supersedes any provision to the
contrary with respect to the payment of post-
judgment interest:
Post-judgment Interest
We will pay interest accruing after a judgment is
entered in accordance with Maine law. Our duty to
pay interest ends when we pay, offer to pay or
deposit in court that part of the judgment which
does not exceed our Limit of Insurance.
A183
For the Business Auto and Motor Carrier Coverage
Forms, this does not apply to Paragraph A.2.a.(6)
of Section Il — Covered Autos Liability Coverage
and Paragraph A.3.e. of Section Ill — Trailer
Interchange Coverage in the Motor Carrier
Coverage Form.
If the Garagekeepers Coverage endorsement is
attached, then this does not apply to Paragraph
B.4.(e).
If the Garagekeepers Coverage - Customers’
Sound-receiving Equipment endorsement _ is
attached, then this does not apply to Paragraph
D.5.
If the Motor Carrier Endorsement is attached, then
this does not apply to Paragraph B.1.d.(5).
If the Trailer Interchange Coverage endorsement is
attached, then this does not apply to Paragraph
A.3.e.
© Insurance Services Office, Inc., 2012 Page 1 of 1POLICY NUMBER: ISA H09052082 Endorsement Number: 67
COMMERCIAL AUTO
CA 21 74 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
MAINE UNINSURED MOTORISTS COVERAGE
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by
the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured: Chubb Group Holdings Inc.
Endorsement Effective Date:
L_
SCHEDULE
Limit Of Insurance: $ See DA40002 Each "Accident"
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Coverage b. A tentative settlement has been made
4. We will pay all sums the "insured" is legally between an “insured” and the insurer of the
entitled to recover as compensatory damages salt enc ain Paragraph ce bh pe
from the owner or driver of an "uninsured motor lefinition of "uninsured motor vehicle" and we:
vehicle". The damages must result from "bodily (1) Have been given prompt written notice of
injury" sustained by the "insured" caused by an such tentative settlement; and
"accident". The owner's or driver's liability for (2) Advance payment to the “insured” in an
these damages must result from the ownership, amount equal to the tentative settlement
maintenance or use of the “uninsured motor within 30 days after receipt of notification.
vehicle".
3. Any judgment for damages arising out of a “suit”
2. With respect to damages resulting from an rought without our writ is not bindi
"accident" with a vehicle described in Paragraph brought without our written consent is not binding
b. of the definition of "uninsured motor vehicle”, ee
we will pay under this coverage only if Paragraph B. Who Is An Insured
a. or b. below applies: If the Named Insured is designated in the
a. The limit of any applicable liability bonds or Declarations as:
policies has been exhausted by payment of 4. An individual, then the following are "insureds":
judgments or settlements; or a. The Named Insured and any “family
members".
CA 21 74 10 13 © Insurance Services Office, Inc., 2012 Page 1 of 4
A184b. Anyone else "occupying" a covered "auto" or a
temporary substitute for a covered "auto". The
covered “auto” must be out of service because
of its breakdown, repair, servicing, "loss" or
destruction.
c. Anyone for damages he or she is entitled to
recover because of "bodily injury" sustained by
another "insured".
2. A partnership, __ limited liability © company,
corporation or any other form of organization,
then the following are “insureds”:
a. Anyone “occupying” a covered "auto" or a
temporary substitute for a covered “auto”. The
covered “auto” must be out of service because
of its breakdown, repair, servicing, "loss" or
destruction.
b, Anyone for damages he or she is entitled to
recover because of "bodily injury" sustained by
another "insured".
Cc. Exclusions
This insurance does not apply to any of the following:
4. Any claim settled without our consent. However,
this exclusion does not apply:
a. If such settlement does not prejudice our right
to recover payment; or
b. To a settlement made with the insurer of a
4. Anyone using a vehicle without a reasonable
belief that the person is entitled to do so.
5. Punitive or exemplary damages.
6. "Bodily injury" arising directly or indirectly out of:
a. War, including undeclared or civil war,
b. Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any government,
sovereign or other authority using military
personnel or other agents; or
. Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against any
of these.
D. Limit Of Insurance
4. Regardless of the number of covered "autos",
"insureds", premiums paid, claims made or
vehicles involved in the "accident", the most we
will pay for all damages resulting from any one
“accident” is the Limit Of Insurance for Uninsured
Motorists Coverage shown in the Schedule or
Declarations.
2. No one will be entitled to receive duplicate
payments for the same elements of "loss" under
this Coverage Form and any Liability Coverage
form or Medical Payments Coverage
endorsement attached to this Coverage Part.
We will not make a duplicate payment under this
coverage for any element of "loss" for which
payment has been made by or for anyone who is
legally responsible, including all sums paid under
the policy's Covered Autos Liability Coverage.
We will not pay for any element of “loss” if a
person is entitled to receive payment for the same
element of “loss" under any workers’
compensation, disability benefits or similar law.
£. Changes In Conditions
The Conditions are changed for Maine Uninsured
Motorists Coverage as follows:
4. The reference in Other Insurance in the Auto
Dealers and Business Auto Coverage Forms and
Other Insurance — Primary And Excess
Insurance Provisions in the Motor Carrier
Coverage Form to “other collectible insurance"
applies to other collectible uninsured motorists
insurance.
vehicle described in Paragraph b. of the
definition of “uninsured motor vehicle" in
accordance with the procedure described in
Paragraph A.2.b.
2. The direct or indirect benefit of any insurer or self-
insurer under any workers’ compensation,
disability benefits or similar law.
3. "Bodily injury" sustained by:
a. An individual Named — Insured while
"occupying" or when struck by any vehicle
owned by that Named Insured that is not a
covered “auto” for Uninsured Motorists
Coverage under this Coverage Form.
b. Any "family member" while “occupying” or
when struck by any vehicle owned by that
“family member" that is not a covered "auto"
for Uninsured Motorists Coverage under this
Coverage Form.
c. Any "family member" while "occupying" or
when struck by any vehicle owned by the
Named Insured that is insured for Uninsured
Motorists Coverage on a primary basis under
any other Coverage Form or policy.
Page 2 of 4 © Insurance Services Office, Inc., 2012 CA 21 74 10 13
A1852. Duties In The Event Of Accident, Claim, Suit
Or Loss in the Business Auto and Motor Carrier
Coverage Forms and Duties In The Event Of
Accident, Claim, Offense, Suit, Loss Or Acts,
Errors Or Omissions in the Auto Dealers
Coverage Form are changed by adding the
following:
a. Promptly notify the police if a hit-and-run driver
is involved;
b. Promptly send us copies of the legal papers if
a "suit" is brought; and
c. A person seeking coverage from an insurer,
owner or operator of a vehicle described in
Paragraph b. of the definition of "uninsured
motor vehicle" must also promptly notify us in
writing of a tentative settlement between the
"insured" and the insurer and allow us to
advance payment to that “insured” in an
amount equal to the tentative settlement within
30 days after receipt of notification to preserve
our rights against the insurer, owner or
operator of such vehicle.
3. Transfer Of Rights Of Recovery Against
Others To Us is changed by adding the following:
If we make any payment and the "insured"
recovers from another party, the “insured” shall
hold the proceeds in trust for us and pay us back
the amount we have paid.
Our rights do not apply under this provision with
respect to damages caused by an "accident" with
a vehicle described in Paragraph b. of the
definition of “uninsured motor vehicle” if we:
a. Have been given prompt written notice of a
tentative settlement between an "insured" and
the insurer of a vehicle described in Paragraph
b. of the definition of “uninsured motor
vehicle"; and
b. Fail to advance payment to the "insured" in an
amount equal to the tentative settlement within
30 days after receipt of notification.
lf we advance payment to the "insured" in an
amount equal to the tentative settlement within 30
days after receipt of notification:
a. That payment will be separate from any
amount the "insured" is entitled to recover
under the provisions of this coverage; and
b. We also have a right to recover the advance
4. The following condition is added:
Arbitration
a. If we and an "insured" disagree whether the
"insured" is legally entitled to recover
damages from the owner or driver of an
“uninsured motor vehicle" or do not agree as
to the amount of damages that are
recoverable by that "insured", then the matter
may be arbitrated. However, disputes
concerning coverage under this endorsement
may not be arbitrated. Both parties must agree
to arbitration. If so agreed, each party will
select an arbitrator. The two arbitrators will
select a third. If they cannot agree within 30
days, either may request that selection be
made by a judge of a court having jurisdiction.
Each party will pay the expenses it incurs and
bear the expenses of the third arbitrator
equally.
b. Unless both parties agree otherwise,
arbitration will take place in the county in
which the “insured” lives. Local rules of law as
to arbitration procedure and evidence will
apply. A decision agreed to by two of the
arbitrators will be binding.
F. Additional Definitions
As used in this endorsement:
41. "Family member" means a person related to an
individual Named Insured by blood, marriage or
adoption, who is a resident of such Named
Insured's household, including a ward or foster
child.
2. "Occupying" means in, upon, getting in, on, out or
off.
3. "Uninsured motor vehicle" means a land motor
vehicle or "trailer":
a. For which no liability bond or policy at the time
of an "accident" provides at least the amounts
required by the applicable law where a
covered "auto" is principally garaged;
b. That is an underinsured motor vehicle. An
underinsured motor vehicle is a land motor
vehicle or “trailer” for which the sum of all
liability bonds or policies at the time of an
"accident" provides at least the amounts
required by the applicable law where a
covered "auto" is principally garaged, but that
sum is less than the Limit of Insurance of this
payment. coverage;
c. For which an insuring or bonding company
denies coverage or is or becomes insolvent; or
CA 21 74 10 13 © Insurance Services Office, Inc., 2012 Page 3 of 4
A186d. That is a hit-and-run vehicle and neither the However, "uninsured motor vehicle" does not
driver nor owner can be identified. The vehicle include any vehicle:
must: a. Owned or operated by a self-insurer under any
(1) Hit an "insured", a covered “auto” or a applicable motor vehicle law, except a self-
vehicle an "insured" is "occupying"; or insurer who is or becomes insolvent and
(2) Cause an "accident" resulting in “bodily cannot provide the amounts required by that
injury" to an “insured” without hitting an
"insured", a covered "auto" or a vehicle an
"insured" is "occupying". We will only
motor vehicle law; or
. Designed for use mainly off public roads while
not on public roads.
accept competent evidence which may
include the testimony, under oath, of a
person making claim under this or any
similar coverage.
Page 4 of 4 © Insurance Services Office, Inc., 2012 CA 21 74 10 13
A187POLICY NUMBER: ISA H09052082
Endorsement Number: 68
COMMERCIAL AUTO
CA 02 15 04 15
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
MARYLAND CANCELLATION CHANGES
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless.
modified by the endorsement.
A. The Cancellation Common Policy Condition is
changed as follows:
4, Paragraph 2. is replaced by the following:
a. When this Policy has been in effect for 45
days or less and is not a renewal policy,
we may cancel this Policy by mailing to
the first Named Insured at the last mailing
address known to us written notice of
cancellation, stating the reason for
cancellation, at least:
(1) 10 days before the effective date of
cancellation if we cancel for
nonpayment of premium.
(2) 15 days before the effective date of
cancellation if we cancel because the
risk does not meet our underwriting
standards.
b. When this Policy has been in effect for
more than 45 days or is a renewal policy,
we may cancel this Policy by mailing to
the first Named Insured at the last mailing
address known to us written notice of
cancellation at least:
(1) 10 days before the effective date of
cancellation if we cancel for
nonpayment of premium.
(2) 45 days before the effective date of
cancellation if we cancel for a
permissible reason other than
nonpayment of premium, stating the
reason for cancellation. Under this
Paragraph (2), we may cancel only for
one or more of the following reasons:
(a) When there exists material
misrepresentation or fraud in
connection with the application,
policy or presentation of a claim.
A change in the condition of the risk
that results in an increase in the
hazard insured against.
A matter or issue related to the risk
that constitutes a threat to public
safety.
(d) If the Named Insured’s driver's
license or motor vehicle
registration, or that of a driver
insured under the Coverage Form,
has been suspended or revoked
during the policy period as a result
of the "insured's” driving record.
If we cancel pursuant to Paragraph b.(2),
you may request additional information on
the reason for cancellation within 30 days
from the date of our notice.
(b)
(c)
CA 02 150115 © Insurance Services Office, Inc., 2014 Page 1 of 2
A188Page 2 of 2
2. Paragraph 3. does not apply.
3. Paragraph 5. is replaced by the following:
If this Policy is cancelled, we will send the first
Named Insured any premium refund due.
If we cancel, the refund will be pro rata. If the
first Named Insured cancels, the refund will
be calculated as follows:
a. Policies Written For One Year Or Less
We will refund 90% of the pro rata
unearned premium.
b. Policies Written For More Than One
Year
(1) If the Policy is cancelled in the first
year, we will refund 90% of the pro rata
unearned premium for the first year,
plus the full annual premium for
subsequent years.
If the Policy is cancelled after the first
year, we will refund the pro rata
unearned premium.
c. Continuous And Annual Premium
Payment Policies
We will refund 90% of the pro rata
unearned premium for the year in which
the Policy is cancelled.
We will retain the minimum premium, except if
the Policy is cancelled as of the inception
date.
However, if this Policy is financed by a
premium finance company and we or the
premium finance company or the first Named
Insured cancels the Policy, the refund will
consist of the gross unearned premium
computed pro rata, excluding any expense
constant, administrative fee or nonrefundable
charge filed with and approved by the
insurance commissioner.
The cancellation will be effective even if we
have not made or offered a refund.
Paragraph 6. is replaced by the following:
We will send notice of cancellation to the first
Named Insured by a "first-class mail tracking
method" if:
a. We cancel for nonpayment of premium; or
b. This Policy is not a renewal of a policy we
issued and has been in effect for 45 days
or less.
(2)
-
A189
© Insurance Services Office, Inc., 2014
We will send notice to the first Named Insured
by a "first-class mail tracking method" or by
commercial mail delivery service if we cancel
for a reason other than nonpayment of
premium and this Policy:
a. Is a renewal of a policy we issued; or
b. Has been in effect for more than 45 days.
We will maintain proof of mailing in a form
authorized or accepted by the United States
Postal Service or by other commercial mail
delivery service when such service is used.
Proof of mailing will be sufficient proof of
notice.
B. The following condition is added:
Nonrenewal
1. If we decide not to renew or continue this
Policy, we will mail to the first Named Insured
written notice at least 45 days before the end
of the policy period.
2. We will mail our notice of nonrenewal to the
first Named Insured's last mailing address
known to us. We will send notice of
nonrenewal to the first Named Insured by a
“first-class mail tracking method" or by
commercial mail delivery service. We will
maintain proof of mailing in a form authorized
or accepted by the United States Postal
Service or by other commercial mail delivery
service when such service is used. Proof of
mailing will be sufficient proof of notice.
3. When we elect not to renew a policy that has
been in effect for more than 45 days for a
reason other than nonpayment of premium,
we will provide a written statement of the
actual reason for the refusal to renew. You
may request additional information within 30
days from the date of our notice.
4. If we offer to renew at least 45 days before
the renewal date and you fail to make the
required premium payment by the renewal
date, the Policy will terminate on the renewal
date for nonpayment of premium.
. The following definition is added:
"First-class mail tracking method" means a
method that provides evidence of the date that a
piece of first-class mail was accepted for mailing
by the United States Postal Service, including a
certificate of mail and an electronic mail tracking
system used by the United States Postal Service.
"First-class mail tracking method" does not
include a certificate of bulk mailing.
CA 02 15 01 15POLICY NUMBER: ISA H09052082 Endorsement Number: 69
COMMERCIAL AUTO
CA 01 70 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
MARYLAND CHANGES
For a covered "auto" licensed or principally garaged in Maryland, this endorsement modifies insurance provided under the
following:
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by
the endorsement.
A. Changes In Covered Autos Liability Coverage
41. The Fellow Employee Exclusion is replaced by the
C. Changes In Conditions
1. The lead-in to the Duties In The Event Of
following:
Fellow Employee
“Bodily injury" to:
a. Any fellow "employee" of the "insured" arising
out of and in the course of the fellow
“employee's” employment or while performing
duties related to the conduct of your business;
or
b. The spouse, child, parent, brother or sister of
that fellow "employee" as a consequence of
Paragraph a. above.
However, this exclusion does not apply for
coverage up to the minimum limit specified by the
Maryland Vehicle Law.
. The Racing Exclusion is replaced by the following:
Racing
Covered "autos" while used in any professional or
organized racing or demolition contest or stunting
activity, or while practicing for such contest or
activity. This insurance also does not apply while
that covered "auto" is being prepared for such a
contest or activity.
However, this exclusion does not apply for
coverage up to the minimum limit specified by the
Maryland Vehicle Law.
Accident, Claim, Suit Or Loss Condition is
replaced by the following:
We have no duty to provide coverage under this
policy if the failure to comply with the following
duties is prejudicial to us:
. The Concealment, Misrepresentation Or Fraud
Condition is replaced by the following:
Concealment, Misrepresentation Or Fraud
We do not provide coverage for an "insured" who:
a. Intentionally conceals or misrepresents a
material fact; or
b. Has made fraudulent statements or engaged in
fraudulent conduct;
in connection with any “accident” or "loss" for which
coverage is sought under this policy.
However, we will provide Covered Autos Liability
Coverage to such "insured" for damages sustained
by any person who has not:
(1) Intentionally concealed or misrepresented a
material fact; or
(2) Made fraudulent statements or engaged in
fraudulent conduct;
if such damages result from an "accident" which is
otherwise covered under this policy.
B. Changes In Physical Damage Coverage
The "diminution in value" exclusion does not apply.
CA 01 70 10 13 © Insurance Services Office, Inc., 2012 Page 1 of 2
A1903. Paragraph a. of the Premium Audit Condition is
replaced by the following:
a. The estimated premium for this coverage form
is based on the exposures you told us you
would have when this policy began. We will
compute the final premium due when we
determine your actual exposures. The
estimated total premium will be credited against
the final premium due and the first Named
Insured will be billed for the balance, if any. The
due date for the final premium or retrospective
premium is 30 days from the date of the bill. If
the estimated total premium exceeds the final
premium due, the first Named Insured will get a
refund.
Page 2 of 2 © Insurance Services Office, Inc., 2012 CA 01 70 10 13
A191POLICY NUMBER: ISA H09052082 Endorsement Number: 70
COMMERCIAL AUTO
CA 22 19 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
MARYLAND PERSONAL INJURY
PROTECTION ENDORSEMENT
For. a covered “auto” licensed or principally garaged in, or "auto dealer operations" conducted in, Maryland, this
endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by
the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured: Chubb Group Holdings Inc.
Endorsement Effective Date:
SCHEDULE
Personal Injury Protection Benefits Total Aggregate Amount
Medical expense benefits, income Ol $ Per "Insured"
continuation benefits and
essential services benefits
In consideration of a reduction in premium, the following Personal Injury Protection waiver option applies as indicated
below or in the Declarations:
0 If you are an individual, all Personal Injury Protection benefits provided under this endorsement are
excluded for:
4. You;
2. Any "family member" aged 16 or over; and
3. All drivers shown on the Coverage Form.
| If you are other than an individual, all Personal Injury Protection benefits provided under this endorsement
are excluded for:
1. You; and
2. All drivers shown on the Coverage Form.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
CA 22 19 10 13 © Insurance Services Office, Inc., 2013 Page 1 of 4
A192Page 2 of 4
A. Coverage
We will pay Personal Injury Protection benefits for
loss and expense incurred because of "bodily injury"
sustained by an "insured" and caused by an
"accident" involving an "auto" as follows:
1. Medical expense benefits to or on behalf of each
“insured”. All reasonable expenses arising from
the “accident” and incurred within three years
from the date of the "accident" for necessary
medical, surgical, X-ray and dental services,
including prosthetic devices, and necessary
ambulance, hospital and professional nursing
services and funeral services (including funeral,
burial or cremation services).
2. Income continuation benefits to or on behalf of
each "insured" who, at the time of the "accident",
was an “income producer". Payment for 85% of
the loss of gross income incurred within three
years from the date of the "accident".
Essential services benefits to or on behalf of each
"insured" who, at the time of the "accident", was
not an “income producer". Reimbursement for
necessary and reasonable payment made to
others, not members of the “insured's" household,
incurred within three years from the date of the
"accident" for essential services ordinarily
performed by the "insured" for care and
maintenance of his or her family household.
s
B. Who Is An Insured
1. You.
2. If you are an individual, any “family member".
3. Any other person while:
a. "Occupying" the covered "auto" as a guest or
passenger;
b. Using the covered "auto" with your consent; or
c. A "pedestrian" through being struck by the
covered "auto".
. Exclusions
We will not pay Personal Injury Protection benefits for
“bodily injury" sustained by:
41. Any person who intentionally causes the "auto"
“accident”;
2. Any person while operating or voluntarily riding in
an “auto” known by him or her to be stolen;
3. Any person while in the commission of a felony or
fleeing or attempting to elude a police officer;
A193
© Insurance Services Office, Inc., 2013
4. Any person arising out of the ownership,
maintenance or use of a motorcycle, moped or
motor scooter by such person;
5. Any person who is a pedestrian injured in an
“accident” outside of Maryland and who is not a
resident of Maryland;
6. You or any "family member" while "occupying" or
struck by any “auto” owned by you or any “family
member" that is not a covered "auto";
Any person while "occupying" an “auto” other
than the covered "auto" under this Coverage Part
or while a "pedestrian" struck by any "auto" other
than the covered "auto" if such “auto” has the
coverage required under § 19-505 of the
Insurance Article of the Annotated Code of
Maryland;
Any person while "occupying" an "auto" you own
which is rented or borrowed from you for use as a
"replacement vehicle" for a vehicle not in use if
the vehicle not in use has the coverage required
under § 19-505 of the Insurance Article of the
Annotated Code of Maryland. This exclusion
applies only if this Coverage Form is used with
the Auto Dealers Coverage Form;
9. (If you are an individual), you, any "family
members" aged 16 or over and all drivers shown
on the Coverage Form, if the Schedule indicates
that the Personal Injury Protection waiver has
been selected; or
nN
2
10. (If you are other than an individual), you and all
drivers shown on the Coverage Form, if the
Schedule indicates that the Personal Injury
Protection waiver has been selected.
D. Limit Of Insurance
1. Regardless of the numbers of "insureds", policies
or bonds applicable, claims made, premiums paid
or covered "autos" to which this coverage applies,
the most we will pay for Personal Injury Protection
benefits to or for any one "insured" as the result of
any one "accident" is the total aggregate amount
per "insured" shown in the Schedule.
2. Any amount paid under this coverage to or on
behalf of an “insured” will be reduced by any
amount paid to or on behalf of that “insured”
under any workers' compensation law of any state
or the federal government. However, this applies
only to that amount for which the provider of the
workers' compensation benefits has not been
reimbursed.
CA 22 19 10 13CA 22 19 10 13
E, Changes In Conditions
The Conditions are changed for Personal Injury
Protection as follows:
4. Duties In The Event Of Accident, Claim, Suit
Or Loss in the Business Auto and Motor Carrier
Coverage Forms and Duties In The Event Of
Accident, Claim, Offense, Suit, Loss Or Acts,
Errors Or Omissions in the Auto Dealers
Coverage Form are amended by the addition of
the following:
If an "insured" is injured, that "insured" or
someone on his or her behalf must promptly give
us, within a period not to exceed 42 months after
the date of the “accident”:
a. Written proof of claim;
b. Full particulars of the nature and extent of the
injuries and — treatment received and
contemplated; and
c. Such other information that will help us
determine the amount due and payable.
If benefits for loss of wages or salary (or, in the
case of a_ self-employed "insured", their
equivalent) are claimed, the person presenting
such claim shall authorize us to obtain details of
all wage and salary payments (or their equivalent)
paid to him or her by any employer or earned by
him or her since the time of the "bodily injury" or
during the year immediately preceding the date of
the "accident".
In the event of the "insured's" death or incapacity,
his or her legal representative shall, upon each
request by us, execute authorization to enable us
to obtain medical records and copies of records.
Proof of claim shall be made upon forms
furnished by us, unless we have failed to furnish
such forms within 15 days after receiving notice of
claim. The person making claim shall submit to
examination under oath if required, by any person
named by us as often as reasonably required.
If a lapse occurs in the period of disability or
medical treatment of an “insured” who has
received benefits under this coverage and he or
she subsequently claims a recurrence of the
"bodily injury" for which the original claim was
made, such “insured” or someone on his or her
behalf shall be required to submit to us
reasonable medical proof of such recurrence.
Payment of Personal Injury Protection benefits
shall be made promptly and within 30 days after
satisfactory proof of claim has been submitted to
us.
A194
© Insurance Services Office, Inc., 2013
2. Other Insurance in the Auto Dealers and
Business Auto Coverage Forms and Other
Insurance — Primary And Excess Insurance
Provisions in the Motor Carrier Coverage Form
are amended by the addition of the following:
With respect to you or any “family member" who
sustains "bodily injury" while "occupying", or while
a "pedestrian" through being struck by, an "auto"
not insured as required under §§ 19-505 and 19-
509 of the Insurance Article of the Annotated
Code of Maryland:
a. If there is no other available personal injury
protection coverage, the benefits payable
under this Coverage Part will be reduced by
any medical or disability benefits coverage
applicable to such "auto" and collectible from
the insurer of such "auto".
b. If there is other available personal injury
protection coverage, the aggregate maximum
amount payable for Personal Injury Protection
benefits under this and all other policies shall
not exceed the highest applicable limit of
insurance for such coverage under any one of
such policies, provided that such aggregate
maximum amount will be reduced by any
medical or disability benefits coverage
applicable to such “aguto" and collectible from
the insurer of such “auto”. This reduction shall
not apply to benefits paid or payable under
any uninsured motorists coverage or by the
Maryland Unsatisfied Claim and Judgment
Fund.
In addition, any automobile medical payments
coverage provided under the Coverage Part is
excess over any medical expense benefits
paid or payable under this or any other
automobile insurance policy because of
"bodily injury" to an “insured”.
F. Additional Definitions
As used in this endorsement:
4. "Auto" means an automobile and any other
vehicle, including a trailer, operated or designed
for operation upon a public road by any power
other than animal or muscular power.
2. “Bodily injury" means bodily injury, sickness or
disease, including death resulting therefrom, but
the term “bodily injury" shall not include:
a. Bodily injury due to war, declared or not, civil
war, insurrection, rebellion, revolution, or to
any act or condition incident to any of the
foregoing; and
Page 3 of 4Page 4 of 4
b. Bodily injury resulting from radioactive, toxic,
explosive or other hazardous properties of
nuclear material.
3. "Family member" means a person related to you
by blood, marriage or adoption, who is a resident
of the same household, and includes your
unmarried and unemancipated children, while
away from your household attending school or
while in military service.
. "Income" means wages, __ salary, tips,
commissions, professional fees, and other
earnings from business or farms owned
individually or jointly or in partnership with others,
and to the extent that any such earnings are paid
or payable in property or services other than
cash, income means the reasonable value of
such property or services.
A195
© Insurance Services Office, Inc., 2013
"Income producer" means a person who at the
time of the "accident" was in an occupational
status where he or she was earning or producing
"income"
. "Occupying" means in or upon or entering into or
alighting from.
. "Pedestrian" means any person not “occupying”
an "auto", including an individual in, on, or
alighting from any other vehicle operated by
animal or muscular power, or on or alighting from
an animal.
. "Replacement vehicle" means a vehicle that is
loaned by or rented from an auto repair facility or
dealer to use while a vehicle owned by your
customer is not in use because of its breakdown,
repair, servicing or damage.
CA 22 19 10 13POLICY NUMBER: ISA H0O9052082 Endorsement Number: 71
COMMERCIAL AUTO
CA 21 13 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
MARYLAND UNINSURED MOTORISTS COVERAGE
For a covered “auto” licensed or principally garaged in, or "guto dealers operations" conducted in, Maryland, this
endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by
the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured: — Chubb Group Holdings Inc.
Endorsement Effective Date:
SCHEDULE
Limit Of Insurance: $See DA40002 Each "Accident"
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Coverage
4. We will pay all sums the "insured" is legally entitled
to recover as compensatory damages from the
owner or driver of an "uninsured motor vehicle".
The damages must result from "bodily injury" (3)
sustained by the "insured", or "property damage",
caused by an “accident”. The owner's or driver's
liability for these damages must result from the
ownership, maintenance or use of the “uninsured
motor vehicle".
(2) Have sent to the “insured” a written refusal
to consent to acceptance of the settlement
offer within 60 days after receipt of
notification; and
Advance payment to the “insured” in an
amount equal to the tentative settlement
within 30 days after the written refusal of the
settlement offer.
3, Any judgment for damages arising out of a "suit"
brought without our written consent is not binding
. We will pay under this coverage only if Paragraph
a. or b. below applies:
a. The limit of any applicable liability bonds or
policies has been exhausted by payment of
judgments or settlements; or
on us unless we:
a. Received reasonable notice of the pendency of
the "suit" resulting in the judgment; and
b. Had a reasonable opportunity to protect our
interests in the "suit".
b. A tentative settlement has been made between B. Who Is An Insured
an “insured" and the insurer of the vehicle . . 7
described in Paragraph b. of the definition of If the Named Insured is designated in the Declarations
"uninsured motor vehicle" and we: as:
(1) Have been given prompt written notice of 4. An individual, then the following are "insureds":
such tentative settlement by certified mail; a. The Named Insured and any "family members".
CA 21 13 10 13 © Insurance Services Office, Inc., 2012 Page 1 of 4
A196b. Anyone else "occupying" a covered "auto" or a
temporary substitute for a covered "auto". The
covered “auto” must be out of service because
of its breakdown, repair, servicing, “loss" or
destruction.
Anyone for damages he or she is entitled to
recover because of "bodily injury" sustained by
another "insured".
2. A partnership, limited liability company, corporation
or any other form of organization, then the following
are "insureds":
a, Anyone "occupying" a covered "auto" or a
temporary substitute for a covered “auto”. The
covered “auto” must be out of service because
of its breakdown, repair, servicing, “loss” or
destruction.
b. Anyone for damages he or she is entitled to
recover because of "bodily injury" sustained by
another "insured".
c. The Named Insured for "property damage" only.
C. Exclusions
This insurance does not apply to any of the following:
4. The direct or indirect benefit of any insurer or self-
insurer under any workers’ compensation, disability
benefits or similar law.
2. The direct or indirect benefit of any insurer of
property.
"Bodily injury" sustained by:
a. An individual Named Insured while "occupying"
or when struck by any vehicle owned by that
Named Insured that is not a covered “auto” for
Uninsured Motorists Coverage under this
Coverage Form;
b. Any "family member" while "occupying" or when
struck by any vehicle owned by that “family
member" that is not a covered “auto” for
Uninsured Motorists Coverage under this
Coverage Form; or
c. Any “family member" while “occupying" or when
struck by any vehicle owned by the Named
Insured that is insured for Uninsured Motorists
Coverage on a primary basis under any other
Coverage Form or policy.
c.
y
5.
The first $250 of the amount of "property damage"
to the property of each "insured" as the result of
any one “accident”.
. Punitive or exemplary damages.
. "Bodily injury" or "property damage" arising directly
or indirectly out of:
a. War, including undeclared or civil war;
b. Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any government,
sovereign or other authority using military
personnel or other agents; or
c. Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against any
of these.
This exclusion applies to the extent that the Limit of
Insurance exceeds the minimum limit required for
Uninsured Motorists Coverage by the
Transportation Article of the Annotated Code of
Maryland.
D. Limit Of Insurance
1.
Regardless of the number of covered “autos”,
"insureds", premiums paid, claims made or
vehicles involved in the accident, the most we will
pay for all damages resulting from any one
"accident" is the Limit Of Uninsured Motorists
Coverage shown in the Schedule or Declarations.
. No one will be entitled to receive duplicate
payments for the same elements of "loss" under
this Coverage Form and any Liability Coverage
form or any Medical Payments Coverage
endorsement.
We will not make a duplicate payment under this
coverage for any element of "loss" for which
payment has been made by or for anyone who is
legally responsible.
We will not pay for any element of "loss" if a person
is entitled to receive payment for the same element
of "loss" under any workers’ compensation,
disability benefits or similar law. However, this
applies only to that amount for which the provider
of the workers’ compensation benefits has not
been reimbursed.
4, Property of an “insured” contained in or struck by 3. We will not pay for a "loss" which is paid or payable
any vehicle owned by that "insured" that is not a under Physical Damage Coverage.
covered “auto”.
Page 2 of 4 © Insurance Services Office, Inc., 2012 CA 21 13 10 13
A197E. Changes In Conditions c. A person seeking Uninsured Motorists
The Conditions are changed for Uninsured Motorists Coverage must:
Coverage as follows: (1) Promptly notify us in writing, by certified
4, Other Insurance in the Auto Dealers and Business mail, of a tentative settlement between the
CA 21 13 10 13
Auto Coverage Forms and Other Insurance —
Primary And Excess Insurance Provisions in the
Motor Carrier Coverage Form are replaced by the
following:
For any covered "auto" the Named Insured owns,
this Coverage Form provides primary insurance.
However, when used with the Auto Dealers
Coverage Form, this Coverage Form will be
secondary over any other collectible insurance
available to the Named Insured's customers while
a covered "auto" the Named Insured owns is being
used as a "replacement vehicle". For any covered
"auto" the Named Insured does not own, the
insurance provided by this Coverage Form is
excess over any other collectible primary uninsured
motorists coverage but only to the extent that the
Limit of Insurance under this Coverage Form
exceeds the limit of such other collectible primary
uninsured motorists insurance.
If this Coverage Form and any other Coverage
Form or policy providing similar insurance apply to
the same "accident", the maximum Limit of
insurance under all Coverage Forms or policies
shall be the highest applicable Limit of Insurance
under any one Coverage Form or policy.
When this Coverage Form and any other Coverage
Form or policy covers on the same basis, either
excess or primary, we will pay only our share. Our
share is the proportion that the Limit of Insurance
of our Coverage Form bears to the total of the
limits of all the Coverage Forms and policies
covering on the same basis.
. Duties In The Event Of Accident, Claim, Suit Or
Loss in the Business Auto and Motor Carrier
Coverage Forms and Duties In The Event Of
Accident, Claim, Offense, Suit, Loss Or Acts,
Errors Or Omissions in the Auto Dealers
Coverage Form are changed by adding the
following:
a. Promptly notify the police if a hit-and-run driver
is involved; and
b. Promptly notify us if a "guit" is brought. We
request that a copy of any legal papers served
accompany the notice.
A198
"insured" and the insurer of the “uninsured
motor vehicle";
Allow us to send to the “insured”, within 60
days after the receipt of notification, a
written refusal to consent to acceptance of
the settlement offer; and
(3) Allow us to advance payment to that
"insured", within 30 days after the written
refusal to consent to acceptance of the
settlement offer, in an amount equal to the
tentative settlement to preserve our rights
against the insurer, owner or operator of
such "uninsured motor vehicle".
(2)
3. Transfer Of Rights Of Recovery Against Others
To Us is changed by adding the following:
Our rights do not apply under this provision with
respect to Uninsured Motorists Coverage if we:
a. Have been given prompt written notice of a
tentative settlement, by certified mail, between
an "insured" and the insurer of an “uninsured
motor vehicle"; and
b. Fail to send the “insured” a written refusal to
consent to acceptance of the settlement offer
within 60 days after receipt of notification.
If we advance payment to the “insured” in an
amount equal to the tentative settlement offer
within 30 days after a written refusal to consent to
acceptance of the settlement offer:
a. That payment will be separate from any amount
the “insured” is entitled to recover under the
provisions of Uninsured Motorists Coverage;
and
b. We also have a right to recover the advanced
payment.
lf we make any payment and the “insured”
recovers from another party, the “insured” shall
hold the proceeds in trust for us and pay us back
the amount we have paid.
F. Additional Definitions
As used in this endorsement:
4. "Family member" means a person related to an
individual Named Insured by blood, marriage or
adoption, who is a resident of such Named
Insured's household, including a ward or foster
child.
© Insurance Services Office, Inc., 2012 Page 3 of 42.
3.
Page 4 of 4
"Occupying" means in, upon, getting in, on, out or
off.
"Property damage" means injury or destruction of:
a. Acovered "auto";
b. Property contained in the covered “auto” and
owned by the Named Insured or, if the Named
Insured is an individual, any "family member";
or
c. Property contained in the covered “auto” and
owned by anyone else "occupying" the covered
. "Replacement vehicle" means a vehicle that is
loaned by or rented from an auto repair facility or
dealer to use while a vehicle owned by the Named
Insured's customer is not in use because of its
breakdown, repair, servicing or damage.
. "Uninsured motor vehicle" means a land motor
vehicle or "trailer":
a. For which no liability policy or other form of
security accepted by the Motor Vehicle
Administrator provides at least the amounts
specified by the financial responsibility law of
Maryland; and
b. That is an underinsured motor vehicle. An
underinsured motor vehicle is a land motor
vehicle or "trailer" for which:
(1) With respect to damages for "bodily injury"
only, the sum of the limits of liability under all
liability bonds or policies applicable at the
time of the "accident" is equal to or greater
than the limit specified by the financial
responsibility law of Maryland, but the sum
of the limits for bodily injury liability is either:
(a) Less than the limit of liability for this
coverage; or
A199
© Insurance Services Office, Inc., 2012
(b) Reduced by payment to other persons
injured in the “accident” to an amount
less than the limit of liability for this
coverage.
(2) With respect to damages for "property
damage" only, the sum of the limits of
liability under all liability bonds or policies
applicable at the time of the "accident" is
equal to or greater than the limit specified by
the financial responsibility law of Maryland,
but that sum is less than the Limit of
Insurance of this coverage.
c. For which an insuring or bonding company
denies coverage or is or becomes insolvent; or
d. That is a hit-and-run vehicle and neither the
driver nor owner can be identified.
The vehicle must:
(1) Hit an "insured", a covered “auto” or a
vehicle an "insured" is "occupying"; or
(2) Cause an "accident" resulting in “bodily
inj "property damage" without hitting
, a covered “auto” or a vehicle
an “insured” is "occupying".
However, “uninsured motor vehicle" does not
include any vehicle designed for use mainly off
public roads while not on public roads.
CA 21 13 10 13POLICY NUMBER: ISA H09052082 Endorsement Number: 72
MM 99 67 04 11
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
MASSACHUSETTS CHANGES
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
This Endorsement applies to risks not subject to the Massachusetts Compulsory Automobile Insurance Law
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
A. Changes In Liability Coverage
COVERAGE
The third paragraph is replaced by the following:
We have the right and duty to defend any “insured” against a “suit” asking for such damages or a “covered
pollution cost or expense,” even if it is without merit. However, we have no duty to defend any “insured”
against a “suit” seeking damages for “bodily injury” or “property damage” or a “covered pollution cost or
expense” to which this insurance does not apply. We may investigate and settle any claim or “suit” as we
consider appropriate. If an “insured” settles a claim without our consent, we will not be bound by that
settlement, Our duty to defend ends when we tender, or pay to any claimant or to a court of competent
jurisdiction, with the court’s permission, the maximum amount of the Liability Coverage Limit of
Insurance, without the need for a judgment or settlement of the “suit” or a release by the claimant.
B. Changes In Physical Damage Coverage
1. COVERAGE
Glass Breakage - Hitting a Bird or Animal - Falling Objects or Missiles is replaced by the following:
If you purchased Comprehensive Coverage for the damaged cover
Preview
Filing # 99697718 E-Filed 12/03/2019 11:46:58 AM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA TREVOR RICHARDS and NOVLAT RICHARDS, Plaintiffs, vs. Case No: 50-2017-CA-012343- XXXX-MB ACE AMERICAN INSURANCE COMPANY, Defendant. / ACE AMERICAN INSURANCE COMPANY’S MOTION FOR FINAL SUMMARY JUDGMENT AND INCORPORATED MEMORANDUM OF LAW PART 2 OF 3 *** FILED: PALM BEACH COUNTY, FL SHARON R BOCK, CLERK. 12/03/2019 11:46:58 AM ***POLICY NUMBER: ISA H09052082 Endorsement Number: 66 COMMERCIAL AUTO CA 01 34 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MAINE CHANGES For a covered "auto" licensed or principally garaged in Maine, this endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Changes In Conditions This payment will not reduce the Limit of Insurance. 1. The lead-i CA 01 34 10 13 to the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: Duties In The Event Of Accident, Claim, Suit Or Loss We have no duty to provide coverage under this policy if the failure to comply with the following duties is prejudicial to us: . The following provision is added to the General Conditions and supersedes any provision to the contrary with respect to the payment of post- judgment interest: Post-judgment Interest We will pay interest accruing after a judgment is entered in accordance with Maine law. Our duty to pay interest ends when we pay, offer to pay or deposit in court that part of the judgment which does not exceed our Limit of Insurance. A183 For the Business Auto and Motor Carrier Coverage Forms, this does not apply to Paragraph A.2.a.(6) of Section Il — Covered Autos Liability Coverage and Paragraph A.3.e. of Section Ill — Trailer Interchange Coverage in the Motor Carrier Coverage Form. If the Garagekeepers Coverage endorsement is attached, then this does not apply to Paragraph B.4.(e). If the Garagekeepers Coverage - Customers’ Sound-receiving Equipment endorsement _ is attached, then this does not apply to Paragraph D.5. If the Motor Carrier Endorsement is attached, then this does not apply to Paragraph B.1.d.(5). If the Trailer Interchange Coverage endorsement is attached, then this does not apply to Paragraph A.3.e. © Insurance Services Office, Inc., 2012 Page 1 of 1POLICY NUMBER: ISA H09052082 Endorsement Number: 67 COMMERCIAL AUTO CA 21 74 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MAINE UNINSURED MOTORISTS COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Chubb Group Holdings Inc. Endorsement Effective Date: L_ SCHEDULE Limit Of Insurance: $ See DA40002 Each "Accident" Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Coverage b. A tentative settlement has been made 4. We will pay all sums the "insured" is legally between an “insured” and the insurer of the entitled to recover as compensatory damages salt enc ain Paragraph ce bh pe from the owner or driver of an "uninsured motor lefinition of "uninsured motor vehicle" and we: vehicle". The damages must result from "bodily (1) Have been given prompt written notice of injury" sustained by the "insured" caused by an such tentative settlement; and "accident". The owner's or driver's liability for (2) Advance payment to the “insured” in an these damages must result from the ownership, amount equal to the tentative settlement maintenance or use of the “uninsured motor within 30 days after receipt of notification. vehicle". 3. Any judgment for damages arising out of a “suit” 2. With respect to damages resulting from an rought without our writ is not bindi "accident" with a vehicle described in Paragraph brought without our written consent is not binding b. of the definition of "uninsured motor vehicle”, ee we will pay under this coverage only if Paragraph B. Who Is An Insured a. or b. below applies: If the Named Insured is designated in the a. The limit of any applicable liability bonds or Declarations as: policies has been exhausted by payment of 4. An individual, then the following are "insureds": judgments or settlements; or a. The Named Insured and any “family members". CA 21 74 10 13 © Insurance Services Office, Inc., 2012 Page 1 of 4 A184b. Anyone else "occupying" a covered "auto" or a temporary substitute for a covered "auto". The covered “auto” must be out of service because of its breakdown, repair, servicing, "loss" or destruction. c. Anyone for damages he or she is entitled to recover because of "bodily injury" sustained by another "insured". 2. A partnership, __ limited liability © company, corporation or any other form of organization, then the following are “insureds”: a. Anyone “occupying” a covered "auto" or a temporary substitute for a covered “auto”. The covered “auto” must be out of service because of its breakdown, repair, servicing, "loss" or destruction. b, Anyone for damages he or she is entitled to recover because of "bodily injury" sustained by another "insured". Cc. Exclusions This insurance does not apply to any of the following: 4. Any claim settled without our consent. However, this exclusion does not apply: a. If such settlement does not prejudice our right to recover payment; or b. To a settlement made with the insurer of a 4. Anyone using a vehicle without a reasonable belief that the person is entitled to do so. 5. Punitive or exemplary damages. 6. "Bodily injury" arising directly or indirectly out of: a. War, including undeclared or civil war, b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or . Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. D. Limit Of Insurance 4. Regardless of the number of covered "autos", "insureds", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for all damages resulting from any one “accident” is the Limit Of Insurance for Uninsured Motorists Coverage shown in the Schedule or Declarations. 2. No one will be entitled to receive duplicate payments for the same elements of "loss" under this Coverage Form and any Liability Coverage form or Medical Payments Coverage endorsement attached to this Coverage Part. We will not make a duplicate payment under this coverage for any element of "loss" for which payment has been made by or for anyone who is legally responsible, including all sums paid under the policy's Covered Autos Liability Coverage. We will not pay for any element of “loss” if a person is entitled to receive payment for the same element of “loss" under any workers’ compensation, disability benefits or similar law. £. Changes In Conditions The Conditions are changed for Maine Uninsured Motorists Coverage as follows: 4. The reference in Other Insurance in the Auto Dealers and Business Auto Coverage Forms and Other Insurance — Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form to “other collectible insurance" applies to other collectible uninsured motorists insurance. vehicle described in Paragraph b. of the definition of “uninsured motor vehicle" in accordance with the procedure described in Paragraph A.2.b. 2. The direct or indirect benefit of any insurer or self- insurer under any workers’ compensation, disability benefits or similar law. 3. "Bodily injury" sustained by: a. An individual Named — Insured while "occupying" or when struck by any vehicle owned by that Named Insured that is not a covered “auto” for Uninsured Motorists Coverage under this Coverage Form. b. Any "family member" while “occupying” or when struck by any vehicle owned by that “family member" that is not a covered "auto" for Uninsured Motorists Coverage under this Coverage Form. c. Any "family member" while "occupying" or when struck by any vehicle owned by the Named Insured that is insured for Uninsured Motorists Coverage on a primary basis under any other Coverage Form or policy. Page 2 of 4 © Insurance Services Office, Inc., 2012 CA 21 74 10 13 A1852. Duties In The Event Of Accident, Claim, Suit Or Loss in the Business Auto and Motor Carrier Coverage Forms and Duties In The Event Of Accident, Claim, Offense, Suit, Loss Or Acts, Errors Or Omissions in the Auto Dealers Coverage Form are changed by adding the following: a. Promptly notify the police if a hit-and-run driver is involved; b. Promptly send us copies of the legal papers if a "suit" is brought; and c. A person seeking coverage from an insurer, owner or operator of a vehicle described in Paragraph b. of the definition of "uninsured motor vehicle" must also promptly notify us in writing of a tentative settlement between the "insured" and the insurer and allow us to advance payment to that “insured” in an amount equal to the tentative settlement within 30 days after receipt of notification to preserve our rights against the insurer, owner or operator of such vehicle. 3. Transfer Of Rights Of Recovery Against Others To Us is changed by adding the following: If we make any payment and the "insured" recovers from another party, the “insured” shall hold the proceeds in trust for us and pay us back the amount we have paid. Our rights do not apply under this provision with respect to damages caused by an "accident" with a vehicle described in Paragraph b. of the definition of “uninsured motor vehicle” if we: a. Have been given prompt written notice of a tentative settlement between an "insured" and the insurer of a vehicle described in Paragraph b. of the definition of “uninsured motor vehicle"; and b. Fail to advance payment to the "insured" in an amount equal to the tentative settlement within 30 days after receipt of notification. lf we advance payment to the "insured" in an amount equal to the tentative settlement within 30 days after receipt of notification: a. That payment will be separate from any amount the "insured" is entitled to recover under the provisions of this coverage; and b. We also have a right to recover the advance 4. The following condition is added: Arbitration a. If we and an "insured" disagree whether the "insured" is legally entitled to recover damages from the owner or driver of an “uninsured motor vehicle" or do not agree as to the amount of damages that are recoverable by that "insured", then the matter may be arbitrated. However, disputes concerning coverage under this endorsement may not be arbitrated. Both parties must agree to arbitration. If so agreed, each party will select an arbitrator. The two arbitrators will select a third. If they cannot agree within 30 days, either may request that selection be made by a judge of a court having jurisdiction. Each party will pay the expenses it incurs and bear the expenses of the third arbitrator equally. b. Unless both parties agree otherwise, arbitration will take place in the county in which the “insured” lives. Local rules of law as to arbitration procedure and evidence will apply. A decision agreed to by two of the arbitrators will be binding. F. Additional Definitions As used in this endorsement: 41. "Family member" means a person related to an individual Named Insured by blood, marriage or adoption, who is a resident of such Named Insured's household, including a ward or foster child. 2. "Occupying" means in, upon, getting in, on, out or off. 3. "Uninsured motor vehicle" means a land motor vehicle or "trailer": a. For which no liability bond or policy at the time of an "accident" provides at least the amounts required by the applicable law where a covered "auto" is principally garaged; b. That is an underinsured motor vehicle. An underinsured motor vehicle is a land motor vehicle or “trailer” for which the sum of all liability bonds or policies at the time of an "accident" provides at least the amounts required by the applicable law where a covered "auto" is principally garaged, but that sum is less than the Limit of Insurance of this payment. coverage; c. For which an insuring or bonding company denies coverage or is or becomes insolvent; or CA 21 74 10 13 © Insurance Services Office, Inc., 2012 Page 3 of 4 A186d. That is a hit-and-run vehicle and neither the However, "uninsured motor vehicle" does not driver nor owner can be identified. The vehicle include any vehicle: must: a. Owned or operated by a self-insurer under any (1) Hit an "insured", a covered “auto” or a applicable motor vehicle law, except a self- vehicle an "insured" is "occupying"; or insurer who is or becomes insolvent and (2) Cause an "accident" resulting in “bodily cannot provide the amounts required by that injury" to an “insured” without hitting an "insured", a covered "auto" or a vehicle an "insured" is "occupying". We will only motor vehicle law; or . Designed for use mainly off public roads while not on public roads. accept competent evidence which may include the testimony, under oath, of a person making claim under this or any similar coverage. Page 4 of 4 © Insurance Services Office, Inc., 2012 CA 21 74 10 13 A187POLICY NUMBER: ISA H09052082 Endorsement Number: 68 COMMERCIAL AUTO CA 02 15 04 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MARYLAND CANCELLATION CHANGES This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless. modified by the endorsement. A. The Cancellation Common Policy Condition is changed as follows: 4, Paragraph 2. is replaced by the following: a. When this Policy has been in effect for 45 days or less and is not a renewal policy, we may cancel this Policy by mailing to the first Named Insured at the last mailing address known to us written notice of cancellation, stating the reason for cancellation, at least: (1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium. (2) 15 days before the effective date of cancellation if we cancel because the risk does not meet our underwriting standards. b. When this Policy has been in effect for more than 45 days or is a renewal policy, we may cancel this Policy by mailing to the first Named Insured at the last mailing address known to us written notice of cancellation at least: (1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium. (2) 45 days before the effective date of cancellation if we cancel for a permissible reason other than nonpayment of premium, stating the reason for cancellation. Under this Paragraph (2), we may cancel only for one or more of the following reasons: (a) When there exists material misrepresentation or fraud in connection with the application, policy or presentation of a claim. A change in the condition of the risk that results in an increase in the hazard insured against. A matter or issue related to the risk that constitutes a threat to public safety. (d) If the Named Insured’s driver's license or motor vehicle registration, or that of a driver insured under the Coverage Form, has been suspended or revoked during the policy period as a result of the "insured's” driving record. If we cancel pursuant to Paragraph b.(2), you may request additional information on the reason for cancellation within 30 days from the date of our notice. (b) (c) CA 02 150115 © Insurance Services Office, Inc., 2014 Page 1 of 2 A188Page 2 of 2 2. Paragraph 3. does not apply. 3. Paragraph 5. is replaced by the following: If this Policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund will be calculated as follows: a. Policies Written For One Year Or Less We will refund 90% of the pro rata unearned premium. b. Policies Written For More Than One Year (1) If the Policy is cancelled in the first year, we will refund 90% of the pro rata unearned premium for the first year, plus the full annual premium for subsequent years. If the Policy is cancelled after the first year, we will refund the pro rata unearned premium. c. Continuous And Annual Premium Payment Policies We will refund 90% of the pro rata unearned premium for the year in which the Policy is cancelled. We will retain the minimum premium, except if the Policy is cancelled as of the inception date. However, if this Policy is financed by a premium finance company and we or the premium finance company or the first Named Insured cancels the Policy, the refund will consist of the gross unearned premium computed pro rata, excluding any expense constant, administrative fee or nonrefundable charge filed with and approved by the insurance commissioner. The cancellation will be effective even if we have not made or offered a refund. Paragraph 6. is replaced by the following: We will send notice of cancellation to the first Named Insured by a "first-class mail tracking method" if: a. We cancel for nonpayment of premium; or b. This Policy is not a renewal of a policy we issued and has been in effect for 45 days or less. (2) - A189 © Insurance Services Office, Inc., 2014 We will send notice to the first Named Insured by a "first-class mail tracking method" or by commercial mail delivery service if we cancel for a reason other than nonpayment of premium and this Policy: a. Is a renewal of a policy we issued; or b. Has been in effect for more than 45 days. We will maintain proof of mailing in a form authorized or accepted by the United States Postal Service or by other commercial mail delivery service when such service is used. Proof of mailing will be sufficient proof of notice. B. The following condition is added: Nonrenewal 1. If we decide not to renew or continue this Policy, we will mail to the first Named Insured written notice at least 45 days before the end of the policy period. 2. We will mail our notice of nonrenewal to the first Named Insured's last mailing address known to us. We will send notice of nonrenewal to the first Named Insured by a “first-class mail tracking method" or by commercial mail delivery service. We will maintain proof of mailing in a form authorized or accepted by the United States Postal Service or by other commercial mail delivery service when such service is used. Proof of mailing will be sufficient proof of notice. 3. When we elect not to renew a policy that has been in effect for more than 45 days for a reason other than nonpayment of premium, we will provide a written statement of the actual reason for the refusal to renew. You may request additional information within 30 days from the date of our notice. 4. If we offer to renew at least 45 days before the renewal date and you fail to make the required premium payment by the renewal date, the Policy will terminate on the renewal date for nonpayment of premium. . The following definition is added: "First-class mail tracking method" means a method that provides evidence of the date that a piece of first-class mail was accepted for mailing by the United States Postal Service, including a certificate of mail and an electronic mail tracking system used by the United States Postal Service. "First-class mail tracking method" does not include a certificate of bulk mailing. CA 02 15 01 15POLICY NUMBER: ISA H09052082 Endorsement Number: 69 COMMERCIAL AUTO CA 01 70 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MARYLAND CHANGES For a covered "auto" licensed or principally garaged in Maryland, this endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. Changes In Covered Autos Liability Coverage 41. The Fellow Employee Exclusion is replaced by the C. Changes In Conditions 1. The lead-in to the Duties In The Event Of following: Fellow Employee “Bodily injury" to: a. Any fellow "employee" of the "insured" arising out of and in the course of the fellow “employee's” employment or while performing duties related to the conduct of your business; or b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph a. above. However, this exclusion does not apply for coverage up to the minimum limit specified by the Maryland Vehicle Law. . The Racing Exclusion is replaced by the following: Racing Covered "autos" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. This insurance also does not apply while that covered "auto" is being prepared for such a contest or activity. However, this exclusion does not apply for coverage up to the minimum limit specified by the Maryland Vehicle Law. Accident, Claim, Suit Or Loss Condition is replaced by the following: We have no duty to provide coverage under this policy if the failure to comply with the following duties is prejudicial to us: . The Concealment, Misrepresentation Or Fraud Condition is replaced by the following: Concealment, Misrepresentation Or Fraud We do not provide coverage for an "insured" who: a. Intentionally conceals or misrepresents a material fact; or b. Has made fraudulent statements or engaged in fraudulent conduct; in connection with any “accident” or "loss" for which coverage is sought under this policy. However, we will provide Covered Autos Liability Coverage to such "insured" for damages sustained by any person who has not: (1) Intentionally concealed or misrepresented a material fact; or (2) Made fraudulent statements or engaged in fraudulent conduct; if such damages result from an "accident" which is otherwise covered under this policy. B. Changes In Physical Damage Coverage The "diminution in value" exclusion does not apply. CA 01 70 10 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 A1903. Paragraph a. of the Premium Audit Condition is replaced by the following: a. The estimated premium for this coverage form is based on the exposures you told us you would have when this policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the balance, if any. The due date for the final premium or retrospective premium is 30 days from the date of the bill. If the estimated total premium exceeds the final premium due, the first Named Insured will get a refund. Page 2 of 2 © Insurance Services Office, Inc., 2012 CA 01 70 10 13 A191POLICY NUMBER: ISA H09052082 Endorsement Number: 70 COMMERCIAL AUTO CA 22 19 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MARYLAND PERSONAL INJURY PROTECTION ENDORSEMENT For. a covered “auto” licensed or principally garaged in, or "auto dealer operations" conducted in, Maryland, this endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Chubb Group Holdings Inc. Endorsement Effective Date: SCHEDULE Personal Injury Protection Benefits Total Aggregate Amount Medical expense benefits, income Ol $ Per "Insured" continuation benefits and essential services benefits In consideration of a reduction in premium, the following Personal Injury Protection waiver option applies as indicated below or in the Declarations: 0 If you are an individual, all Personal Injury Protection benefits provided under this endorsement are excluded for: 4. You; 2. Any "family member" aged 16 or over; and 3. All drivers shown on the Coverage Form. | If you are other than an individual, all Personal Injury Protection benefits provided under this endorsement are excluded for: 1. You; and 2. All drivers shown on the Coverage Form. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CA 22 19 10 13 © Insurance Services Office, Inc., 2013 Page 1 of 4 A192Page 2 of 4 A. Coverage We will pay Personal Injury Protection benefits for loss and expense incurred because of "bodily injury" sustained by an "insured" and caused by an "accident" involving an "auto" as follows: 1. Medical expense benefits to or on behalf of each “insured”. All reasonable expenses arising from the “accident” and incurred within three years from the date of the "accident" for necessary medical, surgical, X-ray and dental services, including prosthetic devices, and necessary ambulance, hospital and professional nursing services and funeral services (including funeral, burial or cremation services). 2. Income continuation benefits to or on behalf of each "insured" who, at the time of the "accident", was an “income producer". Payment for 85% of the loss of gross income incurred within three years from the date of the "accident". Essential services benefits to or on behalf of each "insured" who, at the time of the "accident", was not an “income producer". Reimbursement for necessary and reasonable payment made to others, not members of the “insured's" household, incurred within three years from the date of the "accident" for essential services ordinarily performed by the "insured" for care and maintenance of his or her family household. s B. Who Is An Insured 1. You. 2. If you are an individual, any “family member". 3. Any other person while: a. "Occupying" the covered "auto" as a guest or passenger; b. Using the covered "auto" with your consent; or c. A "pedestrian" through being struck by the covered "auto". . Exclusions We will not pay Personal Injury Protection benefits for “bodily injury" sustained by: 41. Any person who intentionally causes the "auto" “accident”; 2. Any person while operating or voluntarily riding in an “auto” known by him or her to be stolen; 3. Any person while in the commission of a felony or fleeing or attempting to elude a police officer; A193 © Insurance Services Office, Inc., 2013 4. Any person arising out of the ownership, maintenance or use of a motorcycle, moped or motor scooter by such person; 5. Any person who is a pedestrian injured in an “accident” outside of Maryland and who is not a resident of Maryland; 6. You or any "family member" while "occupying" or struck by any “auto” owned by you or any “family member" that is not a covered "auto"; Any person while "occupying" an “auto” other than the covered "auto" under this Coverage Part or while a "pedestrian" struck by any "auto" other than the covered "auto" if such “auto” has the coverage required under § 19-505 of the Insurance Article of the Annotated Code of Maryland; Any person while "occupying" an "auto" you own which is rented or borrowed from you for use as a "replacement vehicle" for a vehicle not in use if the vehicle not in use has the coverage required under § 19-505 of the Insurance Article of the Annotated Code of Maryland. This exclusion applies only if this Coverage Form is used with the Auto Dealers Coverage Form; 9. (If you are an individual), you, any "family members" aged 16 or over and all drivers shown on the Coverage Form, if the Schedule indicates that the Personal Injury Protection waiver has been selected; or nN 2 10. (If you are other than an individual), you and all drivers shown on the Coverage Form, if the Schedule indicates that the Personal Injury Protection waiver has been selected. D. Limit Of Insurance 1. Regardless of the numbers of "insureds", policies or bonds applicable, claims made, premiums paid or covered "autos" to which this coverage applies, the most we will pay for Personal Injury Protection benefits to or for any one "insured" as the result of any one "accident" is the total aggregate amount per "insured" shown in the Schedule. 2. Any amount paid under this coverage to or on behalf of an “insured” will be reduced by any amount paid to or on behalf of that “insured” under any workers' compensation law of any state or the federal government. However, this applies only to that amount for which the provider of the workers' compensation benefits has not been reimbursed. CA 22 19 10 13CA 22 19 10 13 E, Changes In Conditions The Conditions are changed for Personal Injury Protection as follows: 4. Duties In The Event Of Accident, Claim, Suit Or Loss in the Business Auto and Motor Carrier Coverage Forms and Duties In The Event Of Accident, Claim, Offense, Suit, Loss Or Acts, Errors Or Omissions in the Auto Dealers Coverage Form are amended by the addition of the following: If an "insured" is injured, that "insured" or someone on his or her behalf must promptly give us, within a period not to exceed 42 months after the date of the “accident”: a. Written proof of claim; b. Full particulars of the nature and extent of the injuries and — treatment received and contemplated; and c. Such other information that will help us determine the amount due and payable. If benefits for loss of wages or salary (or, in the case of a_ self-employed "insured", their equivalent) are claimed, the person presenting such claim shall authorize us to obtain details of all wage and salary payments (or their equivalent) paid to him or her by any employer or earned by him or her since the time of the "bodily injury" or during the year immediately preceding the date of the "accident". In the event of the "insured's" death or incapacity, his or her legal representative shall, upon each request by us, execute authorization to enable us to obtain medical records and copies of records. Proof of claim shall be made upon forms furnished by us, unless we have failed to furnish such forms within 15 days after receiving notice of claim. The person making claim shall submit to examination under oath if required, by any person named by us as often as reasonably required. If a lapse occurs in the period of disability or medical treatment of an “insured” who has received benefits under this coverage and he or she subsequently claims a recurrence of the "bodily injury" for which the original claim was made, such “insured” or someone on his or her behalf shall be required to submit to us reasonable medical proof of such recurrence. Payment of Personal Injury Protection benefits shall be made promptly and within 30 days after satisfactory proof of claim has been submitted to us. A194 © Insurance Services Office, Inc., 2013 2. Other Insurance in the Auto Dealers and Business Auto Coverage Forms and Other Insurance — Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form are amended by the addition of the following: With respect to you or any “family member" who sustains "bodily injury" while "occupying", or while a "pedestrian" through being struck by, an "auto" not insured as required under §§ 19-505 and 19- 509 of the Insurance Article of the Annotated Code of Maryland: a. If there is no other available personal injury protection coverage, the benefits payable under this Coverage Part will be reduced by any medical or disability benefits coverage applicable to such "auto" and collectible from the insurer of such "auto". b. If there is other available personal injury protection coverage, the aggregate maximum amount payable for Personal Injury Protection benefits under this and all other policies shall not exceed the highest applicable limit of insurance for such coverage under any one of such policies, provided that such aggregate maximum amount will be reduced by any medical or disability benefits coverage applicable to such “aguto" and collectible from the insurer of such “auto”. This reduction shall not apply to benefits paid or payable under any uninsured motorists coverage or by the Maryland Unsatisfied Claim and Judgment Fund. In addition, any automobile medical payments coverage provided under the Coverage Part is excess over any medical expense benefits paid or payable under this or any other automobile insurance policy because of "bodily injury" to an “insured”. F. Additional Definitions As used in this endorsement: 4. "Auto" means an automobile and any other vehicle, including a trailer, operated or designed for operation upon a public road by any power other than animal or muscular power. 2. “Bodily injury" means bodily injury, sickness or disease, including death resulting therefrom, but the term “bodily injury" shall not include: a. Bodily injury due to war, declared or not, civil war, insurrection, rebellion, revolution, or to any act or condition incident to any of the foregoing; and Page 3 of 4Page 4 of 4 b. Bodily injury resulting from radioactive, toxic, explosive or other hazardous properties of nuclear material. 3. "Family member" means a person related to you by blood, marriage or adoption, who is a resident of the same household, and includes your unmarried and unemancipated children, while away from your household attending school or while in military service. . "Income" means wages, __ salary, tips, commissions, professional fees, and other earnings from business or farms owned individually or jointly or in partnership with others, and to the extent that any such earnings are paid or payable in property or services other than cash, income means the reasonable value of such property or services. A195 © Insurance Services Office, Inc., 2013 "Income producer" means a person who at the time of the "accident" was in an occupational status where he or she was earning or producing "income" . "Occupying" means in or upon or entering into or alighting from. . "Pedestrian" means any person not “occupying” an "auto", including an individual in, on, or alighting from any other vehicle operated by animal or muscular power, or on or alighting from an animal. . "Replacement vehicle" means a vehicle that is loaned by or rented from an auto repair facility or dealer to use while a vehicle owned by your customer is not in use because of its breakdown, repair, servicing or damage. CA 22 19 10 13POLICY NUMBER: ISA H0O9052082 Endorsement Number: 71 COMMERCIAL AUTO CA 21 13 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MARYLAND UNINSURED MOTORISTS COVERAGE For a covered “auto” licensed or principally garaged in, or "guto dealers operations" conducted in, Maryland, this endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: — Chubb Group Holdings Inc. Endorsement Effective Date: SCHEDULE Limit Of Insurance: $See DA40002 Each "Accident" Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Coverage 4. We will pay all sums the "insured" is legally entitled to recover as compensatory damages from the owner or driver of an "uninsured motor vehicle". The damages must result from "bodily injury" (3) sustained by the "insured", or "property damage", caused by an “accident”. The owner's or driver's liability for these damages must result from the ownership, maintenance or use of the “uninsured motor vehicle". (2) Have sent to the “insured” a written refusal to consent to acceptance of the settlement offer within 60 days after receipt of notification; and Advance payment to the “insured” in an amount equal to the tentative settlement within 30 days after the written refusal of the settlement offer. 3, Any judgment for damages arising out of a "suit" brought without our written consent is not binding . We will pay under this coverage only if Paragraph a. or b. below applies: a. The limit of any applicable liability bonds or policies has been exhausted by payment of judgments or settlements; or on us unless we: a. Received reasonable notice of the pendency of the "suit" resulting in the judgment; and b. Had a reasonable opportunity to protect our interests in the "suit". b. A tentative settlement has been made between B. Who Is An Insured an “insured" and the insurer of the vehicle . . 7 described in Paragraph b. of the definition of If the Named Insured is designated in the Declarations "uninsured motor vehicle" and we: as: (1) Have been given prompt written notice of 4. An individual, then the following are "insureds": such tentative settlement by certified mail; a. The Named Insured and any "family members". CA 21 13 10 13 © Insurance Services Office, Inc., 2012 Page 1 of 4 A196b. Anyone else "occupying" a covered "auto" or a temporary substitute for a covered "auto". The covered “auto” must be out of service because of its breakdown, repair, servicing, “loss" or destruction. Anyone for damages he or she is entitled to recover because of "bodily injury" sustained by another "insured". 2. A partnership, limited liability company, corporation or any other form of organization, then the following are "insureds": a, Anyone "occupying" a covered "auto" or a temporary substitute for a covered “auto”. The covered “auto” must be out of service because of its breakdown, repair, servicing, “loss” or destruction. b. Anyone for damages he or she is entitled to recover because of "bodily injury" sustained by another "insured". c. The Named Insured for "property damage" only. C. Exclusions This insurance does not apply to any of the following: 4. The direct or indirect benefit of any insurer or self- insurer under any workers’ compensation, disability benefits or similar law. 2. The direct or indirect benefit of any insurer of property. "Bodily injury" sustained by: a. An individual Named Insured while "occupying" or when struck by any vehicle owned by that Named Insured that is not a covered “auto” for Uninsured Motorists Coverage under this Coverage Form; b. Any "family member" while "occupying" or when struck by any vehicle owned by that “family member" that is not a covered “auto” for Uninsured Motorists Coverage under this Coverage Form; or c. Any “family member" while “occupying" or when struck by any vehicle owned by the Named Insured that is insured for Uninsured Motorists Coverage on a primary basis under any other Coverage Form or policy. c. y 5. The first $250 of the amount of "property damage" to the property of each "insured" as the result of any one “accident”. . Punitive or exemplary damages. . "Bodily injury" or "property damage" arising directly or indirectly out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. This exclusion applies to the extent that the Limit of Insurance exceeds the minimum limit required for Uninsured Motorists Coverage by the Transportation Article of the Annotated Code of Maryland. D. Limit Of Insurance 1. Regardless of the number of covered “autos”, "insureds", premiums paid, claims made or vehicles involved in the accident, the most we will pay for all damages resulting from any one "accident" is the Limit Of Uninsured Motorists Coverage shown in the Schedule or Declarations. . No one will be entitled to receive duplicate payments for the same elements of "loss" under this Coverage Form and any Liability Coverage form or any Medical Payments Coverage endorsement. We will not make a duplicate payment under this coverage for any element of "loss" for which payment has been made by or for anyone who is legally responsible. We will not pay for any element of "loss" if a person is entitled to receive payment for the same element of "loss" under any workers’ compensation, disability benefits or similar law. However, this applies only to that amount for which the provider of the workers’ compensation benefits has not been reimbursed. 4, Property of an “insured” contained in or struck by 3. We will not pay for a "loss" which is paid or payable any vehicle owned by that "insured" that is not a under Physical Damage Coverage. covered “auto”. Page 2 of 4 © Insurance Services Office, Inc., 2012 CA 21 13 10 13 A197E. Changes In Conditions c. A person seeking Uninsured Motorists The Conditions are changed for Uninsured Motorists Coverage must: Coverage as follows: (1) Promptly notify us in writing, by certified 4, Other Insurance in the Auto Dealers and Business mail, of a tentative settlement between the CA 21 13 10 13 Auto Coverage Forms and Other Insurance — Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form are replaced by the following: For any covered "auto" the Named Insured owns, this Coverage Form provides primary insurance. However, when used with the Auto Dealers Coverage Form, this Coverage Form will be secondary over any other collectible insurance available to the Named Insured's customers while a covered "auto" the Named Insured owns is being used as a "replacement vehicle". For any covered "auto" the Named Insured does not own, the insurance provided by this Coverage Form is excess over any other collectible primary uninsured motorists coverage but only to the extent that the Limit of Insurance under this Coverage Form exceeds the limit of such other collectible primary uninsured motorists insurance. If this Coverage Form and any other Coverage Form or policy providing similar insurance apply to the same "accident", the maximum Limit of insurance under all Coverage Forms or policies shall be the highest applicable Limit of Insurance under any one Coverage Form or policy. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. . Duties In The Event Of Accident, Claim, Suit Or Loss in the Business Auto and Motor Carrier Coverage Forms and Duties In The Event Of Accident, Claim, Offense, Suit, Loss Or Acts, Errors Or Omissions in the Auto Dealers Coverage Form are changed by adding the following: a. Promptly notify the police if a hit-and-run driver is involved; and b. Promptly notify us if a "guit" is brought. We request that a copy of any legal papers served accompany the notice. A198 "insured" and the insurer of the “uninsured motor vehicle"; Allow us to send to the “insured”, within 60 days after the receipt of notification, a written refusal to consent to acceptance of the settlement offer; and (3) Allow us to advance payment to that "insured", within 30 days after the written refusal to consent to acceptance of the settlement offer, in an amount equal to the tentative settlement to preserve our rights against the insurer, owner or operator of such "uninsured motor vehicle". (2) 3. Transfer Of Rights Of Recovery Against Others To Us is changed by adding the following: Our rights do not apply under this provision with respect to Uninsured Motorists Coverage if we: a. Have been given prompt written notice of a tentative settlement, by certified mail, between an "insured" and the insurer of an “uninsured motor vehicle"; and b. Fail to send the “insured” a written refusal to consent to acceptance of the settlement offer within 60 days after receipt of notification. If we advance payment to the “insured” in an amount equal to the tentative settlement offer within 30 days after a written refusal to consent to acceptance of the settlement offer: a. That payment will be separate from any amount the “insured” is entitled to recover under the provisions of Uninsured Motorists Coverage; and b. We also have a right to recover the advanced payment. lf we make any payment and the “insured” recovers from another party, the “insured” shall hold the proceeds in trust for us and pay us back the amount we have paid. F. Additional Definitions As used in this endorsement: 4. "Family member" means a person related to an individual Named Insured by blood, marriage or adoption, who is a resident of such Named Insured's household, including a ward or foster child. © Insurance Services Office, Inc., 2012 Page 3 of 42. 3. Page 4 of 4 "Occupying" means in, upon, getting in, on, out or off. "Property damage" means injury or destruction of: a. Acovered "auto"; b. Property contained in the covered “auto” and owned by the Named Insured or, if the Named Insured is an individual, any "family member"; or c. Property contained in the covered “auto” and owned by anyone else "occupying" the covered . "Replacement vehicle" means a vehicle that is loaned by or rented from an auto repair facility or dealer to use while a vehicle owned by the Named Insured's customer is not in use because of its breakdown, repair, servicing or damage. . "Uninsured motor vehicle" means a land motor vehicle or "trailer": a. For which no liability policy or other form of security accepted by the Motor Vehicle Administrator provides at least the amounts specified by the financial responsibility law of Maryland; and b. That is an underinsured motor vehicle. An underinsured motor vehicle is a land motor vehicle or "trailer" for which: (1) With respect to damages for "bodily injury" only, the sum of the limits of liability under all liability bonds or policies applicable at the time of the "accident" is equal to or greater than the limit specified by the financial responsibility law of Maryland, but the sum of the limits for bodily injury liability is either: (a) Less than the limit of liability for this coverage; or A199 © Insurance Services Office, Inc., 2012 (b) Reduced by payment to other persons injured in the “accident” to an amount less than the limit of liability for this coverage. (2) With respect to damages for "property damage" only, the sum of the limits of liability under all liability bonds or policies applicable at the time of the "accident" is equal to or greater than the limit specified by the financial responsibility law of Maryland, but that sum is less than the Limit of Insurance of this coverage. c. For which an insuring or bonding company denies coverage or is or becomes insolvent; or d. That is a hit-and-run vehicle and neither the driver nor owner can be identified. The vehicle must: (1) Hit an "insured", a covered “auto” or a vehicle an "insured" is "occupying"; or (2) Cause an "accident" resulting in “bodily inj "property damage" without hitting , a covered “auto” or a vehicle an “insured” is "occupying". However, “uninsured motor vehicle" does not include any vehicle designed for use mainly off public roads while not on public roads. CA 21 13 10 13POLICY NUMBER: ISA H09052082 Endorsement Number: 72 MM 99 67 04 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MASSACHUSETTS CHANGES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM This Endorsement applies to risks not subject to the Massachusetts Compulsory Automobile Insurance Law With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. Changes In Liability Coverage COVERAGE The third paragraph is replaced by the following: We have the right and duty to defend any “insured” against a “suit” asking for such damages or a “covered pollution cost or expense,” even if it is without merit. However, we have no duty to defend any “insured” against a “suit” seeking damages for “bodily injury” or “property damage” or a “covered pollution cost or expense” to which this insurance does not apply. We may investigate and settle any claim or “suit” as we consider appropriate. If an “insured” settles a claim without our consent, we will not be bound by that settlement, Our duty to defend ends when we tender, or pay to any claimant or to a court of competent jurisdiction, with the court’s permission, the maximum amount of the Liability Coverage Limit of Insurance, without the need for a judgment or settlement of the “suit” or a release by the claimant. B. Changes In Physical Damage Coverage 1. COVERAGE Glass Breakage - Hitting a Bird or Animal - Falling Objects or Missiles is replaced by the following: If you purchased Comprehensive Coverage for the damaged cover