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HomeMy WebLinkAbout98-04121 , " ~~ ~t · ~ Q i::. ~ ~ ~ ~ ~ :;! ) ~ ~i () " ~ "", ~ I \~! - .5 .. '-J ...... ~: ....... ~ , ! 0..1 ",I ) .J -.....:::..~l <::::::\ "il ,.(...., " \ j,' . ."'.1 '~,,,_.- l On February 10, 1997, AUTO/GL CLAIM REPORT (Exhibit A) was prepared by Penn National, Senior Adjuster, Ed Frame, and in the report under the section titled Inv!!stigation summary it states: INVESTIGATION SUMMARY: (Le. fads, witnesses etc.) "Ins'd husband driver, unowned vehicle, not furnished for his regular use crossed center line and struck clm't. Both killed." On March 11, 1997, suit was filed against the Estate of John W. Kuhns. On March 25, 1997, Mike Dennehy, Esq., counsel for the Estate of John W. Kuhns forwarded the Complaint to Penn National. On April 21, 1997, Penn National wrote back to Mr. Dennehy to inform him they still refused to defend their insured. Jess Jones, the employer of John W. Kuhns, was never contacted by anyone from Penn National Insurance Company to determine if the vehicle in question was furnished or available for the regular use of John W. Kuhns, prior to their denying coverage and refusing to defend. (Jones Dep. pg. 35 In. 13-20) The Penn National Insurance contract states in Part A- Liability Coverage: INSURING AGREEMENT A. We will pay damages for "bodily injury" or "property damage: for which any insured becomes legally responsible because of an auto accident. Damages include prejudgment interest awarded against the "insured". We will settle or defend, as we consider appropriate, any claim or suit asking for these damages. In addition to our limit of liability, we will pay all defense costs we incur. Our duty to settle or defend ends when our limit of liability for this coverage has been exhausted. We have no duty to defend any suit or settle any claim for "bodily injury" or "property damage" not covered under this policy. B. "Insured" as used in this Part means: 1. You or any "family member" for the ownership, maintenance or use of any auto or "trailer". . . EXCLUSIONS A. We do not provide Liability Coverage for any "insured": ... 7. Maintaining or using any vehicle while that "insured" is employed or otherwise engaged in any "business" (other than farming or ranching) not described in exclusion A.G. This exclusion (A.7) does not apply to the maintenance or lIse of a: a. Private passenger auto; . . . B. We do not provide Liability Coverage for the ownership, maintenance or use of: . . . 2. Any vehicle, other than "your covered auto" which is: a. Owned by you; or b. Furnished or available for your regular use. ARGUMENT: Penn National Insurance had a duty to defend and a duty to indemnify under their contract with Sheila Kuhns and the late John Kuhns. Penn National denied coverage while knowing the vehicle in question was not furnished for the regular use of John Kuhns as is indicated in their own investigative report. (Exhibit A) Penn National did not have good cause to refuse to defend or good cause to refuse to indemnify under the contract. The Penn National policy in question provides what is commonly referred to as 'excess coverage'. Excess coverage provides liability protection when the unowned vehicle you are driving is not covered with sufficient insurance to cover a claim. A liability exclusion clause for a vehicle, other than the covered vehicle, which was furnished or available for the regular use of a family member of the named insured, was upheld. However, the facts of the case involved a grandson who used his grandparents' vehicle five times a week for the four years preceding the accident. In affirming the lower Court's grant of summary judgment upholding the exclusion, Judge Wieand pointed out: The purpose of the pertinent policy language was to provide coverage to the insured or members of her family while engaged in casual or infrequent use of a vehicle other than the one described in the policy, but not to cover the insured or members of her family with respect to another vehicle which he or she used or had the opportunity to use frequently. The policy language thus prevents the situation in which members of one household may have two vehicles which they can use interchangeably while insuring only one of them...The exclusionary language is not ambiguous, Federal Kemper Ins. Co. v. Ward, 679 F.Supp. 489 (E.D. Pa. 1988), aff d, 860 F.2d 1074 (3d Cir. 1988), and must be given its ordinary meaning. Beverly v. Midwestern Indemnity Co., 60 Ohio App. 3d 139, 573 N.E.2d 1221, 1222 (1989). The words regular use suggest a principal use as distinguished from a casual or incidental use, and such a regular use is not covered. 6C Appleman, Insurance Law and Practice, 4455, p. 558. See: Allstate Ins. Co. v. Humphrcy, 246 Md. 492, 229 A.2d 70,73 (1967). Regular use means habitual use as opposed to occasional or incidental use. Kenilworth Ins. Co. v. Colc, 587 S.W.2d 93 (Mo. App. 1979). (emphasis added) Crum and Forster Personal Insurance Company v. Travclers Corporation, 428 Pa. Super. 557, 631 A2d 671 (1993). Once in a while, when the weather was bad, John Kuhns or a co-employee would borrow the 4~wheel drive Chevrolet Suburban of Jess Jones to make a delivery. It would depend on the severity of the weather. The vehicle John Kuhns normally used for work was a commercially equipped Chevrolet Astro Van. However, on the datc of the accident, the Astro van had broken down and was in the shop being serviced. Normally, Jess Jones would drive the Suburban involved in the accident, to and from work on a daily basis and use the vehicle for his personal use. On the day of the accident, Jess Jones, the employer of Jolm Kuhns, allowed John Kuhns to use his Suburban, which was the personal vehicle of Jess Jones. John Kuhns would only borrow the vehicle of Jess Jones on special occasions. By asserting in the policy the right to handle all claims against the insured, the insurer assumes a fiduciary position toward the insured and becomes obligated to act in good faith with due care in representing the interest of the insured. If the insurer is derelict in this duty, as where it fails or refuses to defend, or where it negligently investigates the claim, it may be liable regardless of the limits of the policy for the entire amount of the judgment or settlement secured against the insured. Gedeon v State Farm Mutual Automobile Insurance Co., 410 Pa. 55,59, 188 A2d 320, 322(1963). A refusal to defend without good cause breaches this obligation and gives rise to a cause of action regardless of the good faith of the insurer. Good cause should not be confused with good faith in this context. Good faith of the insurer's belief it had no contractual duty to defend this action is not a defense. Thus, the insured may sue a liability insurer for bad faith if it unreasonably refuses to defend. 11 ~ Ii ~ I: " " II I, " " 'i ti II " , " II " 'h.lt II :;:.'!l ,:,~~X . If the failure to defend causes the insured to incur a judgment he/she would not otherwise have suffered, the insurer should bear responsibility for the judgment, even if it exceeds the policy limits. Pennsylvania takes the view that the allegations in the Complaint remain determinative of the insurer's duty to defend, even though the actual facts are to the contrary. It is irrelevant that the insurer may get information from the insured, or from anyone else, which indicates, or even demonstrates, that the injury is not in fact covered under the terms of the policy. So long as the Complaint filed by the injured party covers an injury that may potentially fall within the coverage of the policy, the insurance company is obliged to defend. American Contract Bridge League v Nationwide Mut. Fire Ins. Co., 752 F2d 71 ( 3rd Cir. 1985) If a cause of action constitutes a claim within a liability policy's coverage, the insurer has to defend until it can confine the claim to recovery excluded from the scope of the policy. Seaboard Industries. Inc. v Monaco, 258 Pa. Super. 170, 392 A2d 738 (1978). Put another way, an insurance company will only be relieved of its duty to defend, if there is no conceivable pussibility that any part of the claim would result in liability for the insurance company. Gedeon. infra. Insurance policies are to be construed most strongly against the insurer and the burden of proof is on the defendant to establish an affirmative defense based on an exclusion in the policy. Erie Insurance Exchange v Transamerica Insurance Co., 516 Pa. 574, 580, 533 A2d 1363, 1366 (1987). Once the plaintiff makes out a prima facie case (Le. existence of a duty to defend and notice and opportunity to do so) the insurer must go forward and prove their defense based on an exception or exclusion in the policy. The defense is an affirmative one and the burden is cast on the insurer to establish it. Arcos Corp v American Mut. Liab. Ins. Co., 350 F Supp 380 (E.D. Pa 1972). In a duty to defend action, evidence may be introduced to determine if an exception to an exclusion applies (to show coverage), but evidence may not be introduced to determine that an exclusion applies (to show no coverage). Air Prod. & Chern.. Inc. v Hartford Accident & Indem. Co.. 25 F3d 177,179 (3rd Cir. 1994). If the insurance coverage depends upon undetermined facts, the insurer is obligated to provide a defense until such time as those facts are determined, and the claim is narrowed to one patently outside of coverage. Britamco Underwriters. Inc. v Emerald Abstract Co.. Inc., 855 F Supp 793 (ED. Pa 1994) The defendant in this case is trying to assert that the coverage question is "fairly debatable". While this is not the standard for bad faith in Pennsylvania, it raises a most salient fact which can lead to only one conclusion. Pennsylvania National Insurance Company owed a defense to the Estate of John Kuhn in the underlying action if in fact coverage was "fairly debatable". In conclusion, it is clear that Pennsylvania National is not entitled to summary judgment. Their own records indicated that the vehicle in question was an unowned vehicle not furnished for the regular use of John Kuhns. This being the case, they had a duty to defend the Estate of John Kuhns in the underlying action. It is for the jury to determine if there was good cause for Penn National's refusal to defend the Estate of John Kuhns. Respectfully Sl ~Jl' .e. William P. Douglas, Esq. Attorney for the plaintiffs October 8, 1999 I .. ~;[P 2 tl 1999~ ~ HELGA HOOD, individually, ANNE M. COX, IN THE COURT OF COMMON PLEAS Administratrix of the Estate of Gunnar CUMBERLAND COUNTY, PENNSYLVANIA Hood, deceased, assigneeslsubrogees of Sheila I. Kuhns, in her capacity as NO. 1998-4121 Administratrix of the Estate of John W. Kuhns, deceased, CIVIL ACTION - LAW Plaintiffs vs. PENNSYLVANIA NATIONAL INSURANCE COMPANY a/kla PENN NATIONAL INSURANCE, JURY TRIAL DEMANDED Defendant DEFENDANT'S BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT I. SUMMARY PlaintiffslAssignees have commenced this action against Defendant, Penn National Insurance Company (hereinafter "Penn National"), for breach of contract and bad faith arising under a personal automobile insurance policy issued by Penn National to John W. Kuhns. Penn National files this Motion for Summary Judgment, claiming that the breach of contract and bad faith claims are barred by the "regular use" exclusion contained in the policy. II. FACTUAL AND PROCEDURAL HISTORY Penn National issued a personal automobile policy to John W. Kuhns under policy number 100 0330891, with effective dates of July 20, 1996 to January 20, 1997. A copy of the declaration sheet and policy forms are attached to the Motion as Exhibit "A." The policy listed three drivers, including the named insured, John W. Kuhns, Sheila I. Kuhns and Phillip Kuhns. Id. The policy covered two vehicles during the policy period: A 1955 Willy's Truck and a 1995 Mercury Sable GS. Id. On or about October 9, 1996, Penn National's named insured, John W. Kuhns, was operating a vehicle owned by his employer, Jesse Jones t/d/b/a J&J Carbide, then a sole proprietorship. John W. Kuhns crossed the center line of the roadway on Walnut Bottom Road in Shippensburg Township, Cumberland County, Pennsylvania and struck a vehicle being operated by Gunnar Hood. As a result of the collision, both men were killed. Helga Good, individually, Anne M. Cox, Administratrix of the Estate of Gunnar Hood, deceased, in their own capacity and as assignees of CNA Insurance Company, filed a complaint against Sheila I. Kuhns, in her capacity as Administratrix of the Estate of John W. Kuhns, Penn National's insured. Ttlis action was commenced at docket number 1998-1333, Civil Term, in the Court of Common Pleas of Cumberland County. State Farm insured the vehicle which John W. Kuhns was driving through a policy issued to Mr. Kuhns' employer - the owner of the vehicle. State Farm tendered its $300,000 liability limits to the Estate of Gunnar Hood. The defense of the claims against the Estate of John W. Kuhns was also tendered to Penn National, as Mr. Kuhns' personal automobile insurance carrier. By letters dated January 28, 1997 and April 21, 1998, Penn National denied that it had an obligation to defend andlor indemnify the Estate of John W. Kuhns as a result of the October 9, 1996 accident. Copies of the January 28, 1997 and April 21, 1998 letters are attached to the Motion as Exhibit "B." On or about July 17, 1998, Sheila I. Kuhns (hereinafter "Assignor") assigned her rights, interest and choses in action under the Kuhns' Penn National personal automobile insurance policy to Helga Hood and Anne M. Cox (hereinafter "Assignees"). A copy of the Assignment andlor Subrogation Agreement is attached to the Motion as Exhibit "C." 2 vehicle was furnished or available for Mr. Kuhns' regular use. Penn National submits that it was, and that liability coverage is thus excluded. The obvious purpose of the "regular use" exclusion is to be sure that policies are purchased for specific vehicles and that such policies respond to accidents. See Lynette Norton, Insurance Coveraqe in Pennsvlvania 919.o(8)(e) (October 1998 Supplement). Several Pennsylvania state and federal courts have concluded that the "regular use" exclusion is clear, enforceable and not contrary to public policy. See,~, The Automobile Insurance Companv of Hartford. Connecticut v. Curran, 994 F. Supp. 324 (E.o. Pa. 1998); Nationwide Mutual Insurance Companv v. Shumaker, 965 F. Supp. 700 (E.o. Pa. 1997), aft'd, Nos. 97-1548. 97-1549 (3'd Cir. March 13. 1998); State Farm Mutual Automobile Insurance Companv v. Brnardic, 441 Pa. Super. 566, 657 A.2d 1311 (en bane), !llloc. denied, 543 Pa. 695, 670 A.2d 142 (1995); Crum & Forster v. Travelers Corp" 428 Pa. Super. 557, 631 A.2d 671 (1993). "Furnished" means "to provide or supply," while "available" means "suitable or ready for use" andlor "readily obtainable, accessible." The term "regular" is commonly used to connote "usual, normal or customary." Curran, 994 F. Supp. at 330 (citing Federal Kemper Insurance Companv v. Ward, 679 F. Supp. 489, 492 (E.o. Pa.), aft'd., 860 F.2d 1074 (3rd Cir. 1988)). Based upon these commonly used definitions, it has been recognized that the test of a regular use exclusion is not use, but availability for use or ownership by a member of a group who would be likely to make their cars available for each other's use. Ward. 679 F. Supp. at 493 (citations omitted). In the Brnardic case, the ~ bane panel of the Superior Court held that an injured claimant could not recover from an employee's personal insurance policy when the 6 employee was driving a car owned and insured by his employer. In rejecting the claimant's argument that such an exclusion violated public policy, the !ill bane panel held that public policy was not violated by an insurance company's desire to insure only cars identified or listed in the employee's personal policy, and that to invalidate an exclusion denying coverage for non-identified cars would raise insurance costs in the Commonwealth of which in turn may result in a violation of public policy. Brnardic, 441 Pa. Super. at _, 657 A.2d al_. This case is controlled by the decision on Brnardic. The 1994 Suburban was "furnished or available" for John W. Kuhns' regular use. Jesse Jones depo. tr. at pp. 14-26,32-35. In particular, the 1994 Suburban was furnished or made available to John W. Kuhns whenever his "usual" work vehicle was under repair. Jesse Jones depo. tr. at pp. 19-20. The 1994 Suburban was also available to and used by John W. Kuhns during the fall and winter months during inclement weather and when Mr. Kuhns was required to deliver oversized or large quantities of tools to his customers. Jesse Jones depo. tr. at pp. 14-22. In particular, Mr. .Jones testified during his deposition that: In bad weather he [John W. Kuhns] used my Suburban, the four wheel drive. Suburban because some of the places he goes to you need four wheel drive to go into them, some of the saw mills and stuff, it takes a four wheel drive vehicle in the winter time to get there. A lot of times in the winter he drove the Suburban-either John was driving it, depending on what days he needed it. Jesse Jones depo. tr. at pp, 14-15. While Mr. Jones, John W. Kuhns' employer, was admittedly the main user of the 1994 Suburban, Mr. Jones testified that John W. Kuhns and another salesman often 7 operated the other automobile, either automobile was furnished for his regular use within the meaning of the exclusion. The fact that Mr. Kuhns operated the 1995 Astro van more frequently than the 1994 Suburban or other employer-owned vehicles does not somehow make the Suburban "unavailable." It should also be remembered that the "furnished or available" exclusionary language in this case is even broader than the language in the Davv case. A South Carolina federal district court went one step further. In Commercial Insurance Companv v. Gardner, 233 F. Supp. 884 (D.C. S.C. 1964), it was held that the automobile, which was one of six or eight municipally owned vehicles assigned especially for use in traffic supervision at night or in rainy weather, was "furnished" for the policeman's "regular use" in keeping with his duties and therefore fell within the purview of a provision in the policeman's personal automobile liability policy excluding from "non-owned automobile" coverage certain automobiles "furnished for the regular use of' the named insured. The court specifically pointed out that the entire fleet of which the subject vehicle was a part was subject the insured's use. and that the fact that the vehicle involved in the accident was being used for the first time was immaterial. Id. at _' See also Winterwerp v. Allstate Insurance Companv, 357 A.2d 350 (Md.1976) (holding that fire fighting truck was "furnished or available" for the regular use of a firefighter within the meaning of the firefighter's personal liability policy even though the named insured had driven the particular truck only ten times within a two-year period, but where he had operated one of the fire department's vehicle on 70 of 2,000 emergency trips during the same period and that it was settled that an automobile would 9 be excluded from coverage where it is one of a group of vehicles furnished or made available for the regular use of the named insured). Here, the vehicles owned by J&J Carbide were similarly exchanged among the two salesmen and Mr. Jones on multiple occasions and for a number of different reasons. This does not preclude the applicability of the "regular use" exclusion in Penn National's personal auto policy. Penn National surely did not contemplate insuring any of the four business vehicles, including the 1994 Suburban, under the personal auto policy issued to the Kuhns. The "regular use" exclusion, thus, bars coverage in this case. B. Bad Faith Plaintiff next claims that Penn National acted in bad faith pursuant to 42 Pa.C.SA S 8371 by failing to defend and/or indemnify Assignor, or the Estate of John W. Kuhns, in the underlying tort case. Penn National did not act in bad faith in declining to defend Mr. Kuhns' Estate under the personal auto policy. Plaintiff's sole contention of bad faith is predicated on her claim that Penn National owed AssignorslThe Kuhns a duty to defend and/or indemnify. Because Plaintiff's breach of contract claim must fail, as set forth in detail above, so too must her claim for bad faith. Moreover, Plaintiff has not established a prima facie case of bad faith. Bad faith is any frivolous or unfounded refusal to pay proceeds of a policy, and such conduct which imports a dishonest purpose and means a breach of a known duty through some motive of self-interest or ill will Terietskv v. Prudential Propertv and Casualtv Ins. Co., 10 437 Pa. Super. 108, 112,649 A.2d 680,688 (1994). Mere negligence or bad judgment is not bad faith. Id. Additionally, the plaintiff must prove that the defendant did not have a reasonable basis for denying benefits under the policy and that defendant knew or recklessly disregarded its lack of reasonable basis in denying the claim. Terletskv, 437 Pa. Super at 112, 649 A.2d at 688 (citing American Franklin Life Ins. Co. v. Galati, 776 F. Supp. 1054, 1064 (E.D. Pa. 1991 )). Bad faith must be proven by the plaintiff by clear and convincing evidence, and not merely insinuated. Id. Penn National's decision to decline coverage was not unfounded or made through some motive of self-interest or ill will. Rather, the decision was based upon the claim, the policy language and applicable exclusions. At the very least, Penn National had a reasonable basis to decline coverage. Accordingly, Penn National did not act in bad faith in declining or refusing to defend and/or indemnify the Estate of John W. Kuhns in the underlying tort case. Thus, Defendant, Penn National Insurance Company, is entitled to summary judgment on the claim for bad faith. 11 IV. CONCLUSION The 1994 Suburban was furnished or made available for Mr. Kuhns' regular use by his employer, J&J Carbide. As such, there is no liability coverage under his personal automobile insurance policy issued by Penn National. As PlaintiffslAssignees' claim for bad faith is based upon the wrongful denial of coverage only, and not on any other alleged independent acts of bad faith, it is respectfully submitted that Penn National is entitled to summary judgment on both the breach of contract and bad faith claims. Respectfully submitted, by: THOMAS, THOMAS & HAFER, LLP ~.~~ Brooks R. Foland, Esquire 1.0. No. 70102 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 :53268.1 Attorneys for Defendant 12 Complaint 1. The plaintiffs, Anne M. Cox, administratrix of the Estate of Gunnar Hood, deceased and Helga Hood, individually, and as assignees and/or judgment creditors and/or subrogee of Sheila I. Kuhns, in her capacity as Administratrix of the Estate of John W. Kuhns, deceased, have a mailing address of 315 Patton Road, Northumberland County, Pennsylvania. 2. The defendant, Pennsylvania National Insurance Company a/k/a Penn National Insurance (PENN NATIONAL), is a corporation licensed to do business in the Commonwealth of Pennsylvania, with a place of business located at 2 North Secord Street, Harrisburg, Dauphin County, Pennsylvania. With respect to all matters contained herein the defendant PENN NATIONAL was acting by and through their agents within the scope of their employment. 3. On October 9, 1996, the assignors had a policy of insurance with PENN NATIONAL, bearing a policy number of 100 0330891. 4. On or about October 9, 1996, the decedant John W. Kuhns was operating a vehicle owned by his employer which was covered with excess insurance through the policy issued by PENN NATIONAL. 5. On the aforesaid date, while driving on the Walnut Bottom Road, in Shippensburg Township, Cumberland County Pennsylvania the decedent, John W. Kuhns, crossed the centerline of the roadway and struck a vehicle being operated by Gunnar Hood. 6. As a result of the collision both men were injured and killed. 7. The accident happened as a direct result of the negligence of the decedent John W. Kuhns. 8. Sheila 1. Kuhns, in her capacity as administratrix of the Estate of John W. Kuhns, did not contest liability in the underlying action for the happening of the accident. 9. The aforesaid policy of insurance, the declaration page which is attached hereto and made a part hereof, provided for a legal defense for the Estate of John W. Kuhns, and for liability coverage in the amount of Thirty Five Thousand Dollars ($35,000.00). 10. The policy in question provided for excess coverage when the insured was operating a vehicle owned by someone else which did not have a sufficent amount of liability coverage. 11. By letter dated April 17, 1996, PENN NATIONAL wrongfully dcnil!d coverage to the Kuhns Estate under their automobile insurance policy, which provided coverage for tlw event giving rise to the lawsuit docketed at 1998 - 1333 Civil Term, Civil Action - Law, in the Court of Common Pleas of Cumberland County, Pennsylvania. 12. PENN NATIONAL wrongfully denied a defense to the Kuhns Estate under their automobile insurance policy with the Kuhns. 13. PENN NATIONAL did fraudulently, knowingly and intentionally misrepresent and deceive Sheila 1. Kuhns, with respect to the availability of coverage under their policy of insurance. 14. PENN NATIONAL has friviously and with no foundation for their actions, refused to pay proceeds under their policy of insurance and provide a defense in accordance with the terms of the policy. 15. Final judgment in the amount of $782,219.00 has been entered against the Estate of John W. Kuhns and in favor of the Estate of Gunnar Hood in the above captioned action docketed at 1998 - 1333 Civil Term, Civil Action - Law, in the Court of Common Pleas of Cumberland County, Pennsylvania. A judgment in the amount of $108,352.88 has been entered in favor of Helga Hood and against the Estate of John W. Kuhns, for the wrongful death of her son, Gunnar Hood. 16. The bad faith conduct of PENN NATIONAL gives rise to a cause of action pursuant to 42 Pa. C.S.A. 98371. 17. On July 17, 1998, Sheila 1. Kuhns, Administratrix of the Estate of John W. Kuhns, deceased, assignors and/or subrogors, for valuable consideration, assigned to the plaintiffs all their right, title, and interest in and to the claim described in this complaint. The plaintiff is now the true and lawful owner of the claim. A copy of the written agreement is attached hereto and made a part hereof. 18. The defendant failed to acknowledge and act promptly upon written or oral communication with respect to claims arising under the aforementioned contract of insurance. 19. The defendant failed to promptly and completely investigate all claims arising under the aforementioned contract of insurance, by reason of the aforesaid incident. 20. The defendant refused to provide coverage and a defense to the Estate of John W. Kuhns, pursuant to their contract of insurance. 21. The defendant did not act in good faith to effectuate prompt, fair and equitable settlement of this claim, knowing that liability is clear and coverage applies, and as a result, the plaintiffs have been forced to incur expense to protect their interests. 22. The defendant failed to promptly provide a factually sound explanation for the basis of denial in the insurance policy in relation to the facts or applicable law for denial of the claim or for the offer of a compromise settlement. 23. The defendant has willfully, maliciously and/or recklessly withheld benefits from the plaintiffs, due to its failure to investigate the claim thoroughly which constitutes a breach of an implied covenant. 24. The defendant, in bad faith, has denied payment on behalf of its insureds without a legal basis for its denial and in not fully inquiring into the possible basis which might support the insureds' claim of coverage and defense. 25. PENN NATIONAL has deliberately acted in conscious disregard and with indifference to the rights of their insured. Count One Breach of Contract 26. Paragraphs 1 through 25 are incorporated herein by reference thereto. 27. The defendant impliedly and/or expressly warranted that it would, in good faith, provide insurance coverage to the Estate of John W. Kuhns, in accordance with the contract and abide by the terms of said contract. 28. As a result of the aforesaid, the defendant breached its contract and/ or warranty, which breach resulted in monetary loss to the plaintiffs as well as aggravation, inconvenience and emotional distress. Wherefore it is prayed that judgment be entered in favor of the plailltiffs IIlld against the defelldant ill an amount in excess of that requiring compulsory referral to arbitration. A jury trial is hereby demanded. '. 6. By letter dated April 22, 1998, Penn National wrongfully denied coverage to the Estate of John W. Kuhns under their automobile insurance policy, which provided coverage for the events giving rise to the lawsuit docketed at 1998 - 1333 Civil Term, Civil Action - Law, in the Court of Common Pleas of Cumberland County, Pennsylvania. 7. Penn National Insurance Company wrongfully and in bad faith denied a defense and coverage to the Estate of John W. Kuhns, under their automobile insurance policy with the Kuhns'. 8. A final judgment in the amount of $890,571.88 has been entered against the Estate of John W. Kuhns, in the above captioned action. 9. The bad faith conduct of Penn National gives rise to a cause of action pursuant to 42 Pa. C.S.A. 98371. 10. For and in consideration of the promise not to execute on the real and personal assets of the Estate of John W. Kuhns, the assignor hereby assign to the assignees their Choses in action pursuant to and under 42 Pa. C.S.A. 98371 and/or their contract of insurance and/or their rights as judgment debtors. It is further understood that the assignees/judgment creditors may file execution and garnishment proceedings and/ or bad faith execution and garnishment proceedings and/ or a bad faith action pursuant to 42 Pa.C.S.A. 98371 with respect to the aforesaid insurance policy, (and/or) Sheila 1. Kuhns, in her capacity as Administratrix of the Estate of John W. Kuhns, hereby grants to Helga Hood, Individually, and Anne M. Cox, Administratrix of the Estate of Gunnar Hood, the right to pursue and/or subrogate in the name of herself and/or the Estate any and all causes of action the Estate may have against Penn National Insurance Company. This agreement shall be binding on the heirs, administrators, successors and assigns of all the parties hereto. On this the 17 day of July, 1998, the parties intending to be legally bound hereby set their hands and seals. ~ ),J, :rIIh/.l1--?.J Sheila 1. Kuhns, Administratrix r44~~ U--r?C An eM. Cox, A inistratrix \. \. (""0.. <':'-->- \ Go _ ~ '3-\~ Helga Hood 7. Denied. The allegation is a conclusion of law andlor fact to which no answer is required. To the extent that an answer may be required, the allegation is specifically denied. B. Denied. After reasonable investigation, the Defendant is without information and knowledge sufficient to form a belief as to the truth of the allegations. 9. Denied. The policy of insurance is a written document which speaks for itself and, therefore, any attempt to interpret, summarize or characterize such document is denied. 10. Denied. The policy of insurance is a written document which speaks for itself and, therefore, any attempt to interpret, summarize or characterize such document is denied. 11. Denied. The allegations are conclusions of law andlor fact to which no answer is required. To the extent that an answer may be required, the allegations are specifically denied. 12. Denied. The allegation is a conclusion of law andlor fact to which no answer is required. To the extent that an answer may be required, the allegation is specifically denied. 13, Denied. The allegations are conclusions of law andlor fact to which no answer is required. To the extent that an answer may be required, the allegations are specifically denied. 14. Denied. The allegations are conclusions of law andlor fact to which no answer is required. To the extent that an answer may be required, the allegations are specifically denied. - 2 - ........., " 15. Denied. After reasonable investigation, the Defendant is without information and knowledge sufficient to form a belief as to the truth of the allegations. 16. Denied. The allegation is a conclusion of law andlor fact to which no answer is required. To the extent that an answer may be required, the allegation is specifically denied. 17. Denied. After reasonable investigation, the Defendant is without information and knowledge sufficient to form a belief as to the truth of the allegations. 18. Denied. The allegations are conclusions of law andlor fact to which no answer is required. To the extent that an answer may be required, the allegations are specifically denied. 19. Denied. It is specifically denied that Defendant failed to promptly and completely investigate the subject claim. Any and all other allegations contained in paragraph 19 are specifically denied and strict proof thereof is demanded at time of trial. 20. Denied as stated. It is admitted only that coverage under Defendant's policy was denied by letters dated January 28, 1997 and April 21, 1998. Any and all other allegations contained in paragraph 20 are specifically denied and strict proof thereof is demanded at time of trial. 21. Denied. The allegations are conclusions of law andlor fact to which no answer is required. To the extent that an answer may be required, the allegations are specifically denied. 22. Denied. The allegation is a conclusion of law andlor fact to which no answer is required. To the extent that an answer may be required, the allegation is specifically denied. - 3 - 23. Denied. The allegations are conclusions of law andlor fact to which no answer is required. To the extent that an answer may be required, the allegations are specifically denied. 24. Denied. The allegations are conclusions of law andlor fact to which no answer is required. To the extent that an answer may be required, the allegations are specifically denied. 25. Denied. The allegations are conclusions of law andlor fact to which no answer is required. To the extent that an answer may be required, the allegations are specifically denied. COUNT ONE BREACH OF CONTRACT 26. The answers set forth above in Paragraphs 1 through 25 are incorporated herein by reference. 27. Denied. The allegations are conclusions of law andlor fact to which no answer is required. To the extent that an answer may be required, the allegations are specifically denied. 28. Denied. The allegations are conclusions of law andlor fact to which no answer is required. To the extent that an answer may be required, the allegations are specifically denied. WHEREFORE, Defendant Pennsylvania National Insurance Company demands judgment in its favor and against Plaintiffs. COUNT TWO - BAD FAITH 29. The answers set forth above in Paragraphs 1 through 28 are incorporated herein by reference. -4- 30. Denied. The allegations are conclusions of law andlor fact to which no answer is required. To the extent that an answer may be required, the allegations are specifically denied. 31. Denied. The allegations are conclusions of law andlor fact to which no answer is required. To the extent that an answer may be required, the allegations are specifically denied. 32. Denied. The allegations are conclusions of law andlor fact to which no answer is required. To the extent that an answer may be required, the allegations are specifically denied. 33. Denied as stated. It is admitted only that a policy limits demand was made to Defendant by Assignee. It is specifically denied that Defendant ignored that claim or demand. Any and all other allegations contained in paragraph 33 are specifically denied and strict proof thereof is demanded at time of trial. 34. Denied. The allegations are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, the allegations are specifically denied. 35. Denied. The allegations are conclusions of law andlor fact to which no answer is required. To the extent that an answer may be required, the allegations are specifically denied. 36. Denied. The allegations are conclusions of law andlor fact to which no answer is required. To the extent that an answer may be required, the allegations are specifically denied. 37. No answer is required. - 5 - 45. The 1994 Chevrolet Suburban Silverado being operated by John W. Kuhns at the time of the aforesaid accident was not listed or identified in the Policy Declarations as a covered vehicle. 46. The 1994 Chevrolet Suburban Silverado was not a "covered auto" under the Policy. 47. The 1994 Chevrolet Suburban Silverado was furnished or available for John W. Kuhns' regular use. 48. The personal auto policy issued by Defendant confirmed to all applicable Pennsylvania law and the decision made by Defendant was based upon its "fairly debatable" interpretation of the insurance contract and any applicable law. 49. Defendant did not act in bad faith and Plaintiffs cannot prove by clear and convincing evidence that Defendant's conduct amounted to bad faith. 50. The conduct of Defendant in this matter does not rise to the level of willful misconduct and accordingly, no award of punitive damages would be proper. 51. Litigation of and an award of punitive damages in this action is and would be violative of the constitution of the United States of America and the Commonwealth of Pennsylvania. - 7 - VERIFICATION I, Ed Frame, have read the foregoing Answer and New Malter and hereby affirm that it is true and correct to the best of my personal knowledge, information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C. S. S 4904 relating to unsworn falsification to authorities; r verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa.C.S. S 4904. ~J~ C JM~~ ~ tR, for Pennsylvania National Insurance Company a/kJa Penn National Insurance COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) 5S. VERIFICATION I verify that the statements made in the foregoing document are true and correct, to the best of my knowledge, information, and belief. I understand that false statements herein made are subject to the provisions of 18 Pa. C.S.A. S 4904 relating to unsworn falsification to authorities. 1"',..t7 - ~~ f .~ Date Helga Hood , ,...-......, 100 0330891 *f'*FRAME M12** 00 ~ RENEWAL OF POLICY 100 0330891 ~...~~'f PERSONAL AUTO POLICY - PREFERRED ATTACH THIS CHANGE TO YOUR POLICY * * * * * * * EFFECTIVE 07/20/96 REASON FOR AMENDMENT CPANGE VEHICLE AND LOSS PAYEE POLICY ~ . _ ~ IS I'IlOVIDED IN THE NJE.HCt P 100 .03308Q:1 , .Q7i20/96 . 01/20l97PA NATIONAL MUTUAL CAS INS CO 111024 00 MAMa) ~ u<<J ADIlAESS AGENT KUHNS JOHN \~ RD#6 BOX 233 DANVILLE PA 17821 COLEMAN INSURANCE AGENCY POBOX 279 BEAVERTOWN PA 178130 VEHICL~S COVERED UNIT Si TER YR MAKE-DESCRIPTION SERIAL NUMBER AGE SYM CLASS LIMIT CHG DATe 001 PA 074 55 WILLYS TRUCK 5734815049 6 00 837121 07/20/96 003 PA 074 95 MERC SABLE GS 1MELM50UXSA635045 2 05 851121 07/20/96 INSURANCE IS PROVIDED WHERE A PREMIUM IS SHOWN FOR THE COVERAGE REFER TO ENCLOSED FORM 70-2738 FOR INFORMATION CONCERNING COVERAGE FOR DAMAGE TO RENTAL VEHICLES. COVERAGE! LIMITS OF LIABILliY :~; m!!I:1 f [II i fl.'i~I)~tlWft~~~II~I,7;I~~l~~~~~Y[i~~lP~Ll~S .\,; U~IT' 1 COl13INEO' BOOILY,>INJURY AND . 'i)'::,; ';~tf i,', PROP,ERflivl :DAMA1 GEiUAB!.LITY $35,000 EACH ACCIDENT 'rH."" t~i;:lrW~HiI;1 ,l UNINSURED MOTORIST" COVERAGE BODILY I~!J~R.Y(>, PREMIU~lS 7i .00 3 158.00 . ' . .~.":::~~r:. ,::.~ ;:. sr~; $ 351000 EACH ACCIDENT .STACK1NG APPLIES 17.00 17.00 \ I ~, I UNDER INSURED MOTORIST COVERAGE . BODILY INJURY ',.i '1 $ , 35l0ao EACH ACCIDENT STACK1NG APPLIES OTHER T~~N COLLISION $50 DEDUCTIBLE COLLISION $500 DEDUCTIBLE FIRST PARTY BENEFITS 14.00 .,1.4....00 57.00 159.00 41.00 29.00 MEDICAL EXPENSE BENEFIT WORK LOSS BENEF~T . : -:: . ',,'~' . - ..~.: . ~ .,., -. . . - ., ,':- :,";:,':. UP TO $10,000 INCL INCL ,UP TO $15 000 ..,.' ';SLEJ ECT TO A MAxiMUM ':';iiOF $1;'000 PER MONTH INCL INCL .,,' "TOTAL BY UNIT 131.00 446.00 . TOTAL TERM PREMIUM $577.00 ~:~ '" INCLUDED IN THE'TOTAL PREMIUM CHARGE IS A SURCHARGE,OR ADDITIONAL AMOUNT CHARGED AS A RESULT OF ACCIDENT INVOLVEMENT . . .. .~ . $63.00 ... ~ <? - ~I . 100 0330891 ***FRAME N12*'~ ~~ RENEWAL OF POLICY 100 0330891 Ir-...~C:::!.'f PERSONAL AUTO POLICY - PREFERReD ATTACH THIS CHANGE TO YOUR POLICY * * * * * * * EFFECTIVE 07/20/96 REASON FOR AMEt-IDMENT CHANGE VEHICLE AND LOSS PAYEE P<XJCY NI-" _ '" . I. COYERN:lE IS PAOYlDED II TIlE MJEJ/ICY P KUHNS JOHN W RDII6 BOX 233 DANVILLE PA I' , . , PA' NATIONAL MUTUAL CAS INS CO AGalT COLEMAN INSURANCE AGENCY POBOX 279 BEA'vERTOWN PA 178130 111024 .0 100 0330891 07/20/96 01/20/97 NAIolEJ) XSUfIm NfD AOOIllEM 17821 ..._....... THIS POLICY DOES NOT PROVIDE FIRST PARTY BENEFITS COVERAGE FOR: FUNERAL EXPENSE BENEFIT ACCIDENTAL DEATH BENEFIT EXTRAORDINARY MEDICAL EXPENSE COVERAGE DUAL PASSIVE RESTRAI~~ CREDIT APPLIED UNIT 3 A S7. CREql\')\f'PLIES: SINCE YOU HAVE AN ACTIVE HoREOWNERS ,POLICY WITH OUR COMPANY DRIVER 10 DRIVER NAME LICENSE NlJlo!3ER BIRTH DATE 01 JOHN W KUHNS 15389265 02/09/52 02 SHEILA I KUHNS 15398715 10/10/50 03 PHILLIP KUHNS 24880345 10/20/78 APPLICABLE FORl'lS FORM /I DATE UNIT FORM /I DATE UNIT FORM # DATE UNIT FORM /I D.IITE UNIT 7D-263707C;() ALL 7a-619 / ALL pPOCQ10694 ALL PP01510993 ALL PP04050188 ALL 70-448 12/89 ALL IL091 0 01 /81 ALL 70-1672 ' ALL ACORD500183 * ALL 7D-1"u1085 ALL 70-26590790 ALL ?P03380790 ALL 7D-Z73&l8c;() ALL 70-1512 ALL 70-26690790 001 PP04230695 001 PP041 <;V695 001 PP0551 0694 001 70-26690790 * 003 PP03050886 * 003 PP04230695 * 003 PP04190695 * 003 PP05510694 * 003 LOSS PP.YEE FOR UNIT 1iOO3 DAUPHIN DEPOSIT BANK PO BOX 4000 HARRISBURG PA 17111 . ANTI FRAUD NOTICE ANY PERSON WHO KNOWINGLY AND WITH .INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION .FOR INSURANCE OR STATEMENT OF CLAIM C~~AINING ANY MATERIALLY FALSE INFORMA~ION OR CONCEALS FOR THE PURPOSE OF MISLEADING INFORMATION CONCERN!NG ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT' INSURANCE ACT, WHICH IS A CRIME AND SUBJECTS SUCH PERSG~ TO CRIMINAL AND CIVIL PENALTIES. ... .-..... -... II POLICY PERIOD 12,01 AM STANDARD TIME 07/15/96 PROCESS DATE " . _I'" PENN NATIONAL ~ !f. INSURANCE "'~"l'I'4". NlNftll ....lrl.. eu~.ry IlIur._ c:.,""~, '0 lle.nu'l1Ilftltl't,'J,lI1U IMPORTANT NOTICE TO PENNSYLVANIA POLICYHOLDERS COVERAGE FOR RENTAL VEHICLES THIS DOCUMENT DOES NOT PROVIDE COVERAGE. AND IT DOES NOT REPLACE ANY PROVISIONS IN YOUR POLICY. READ YOUR POLICY AND THE "DECLARATIONS PAGE" FOR COMPLETE COVERAGE INFORMATION. IF ANYTHING IN THIS DOCUMENT CONFLICTS WITH YOUR POLICY, THE PROVISIONS OF THE POLICY PREVAIL. IF YOUR POLICY DOES NOT PROVIDE COLLISION COVERAGE. YOU DO NOT HAVE COVERAGE FOR DAMAGE TO A RENTAL VEHICLE. MOST RENTAL CAR COMPANIES OFFER "COLLISION DAMAGE WAIVER" INSURANCE WHEN YOU RENT A CAR. MANY INSUREDS ARE UNSURE IF THEY SHOULD PURCHASE THE COVERAGE FROM THE RENTAL CAR CaMP ANY OR IF DAMAGE TO THEIR RENTAL CAR WOULD BE COVERED UNDER THE COLLISION PORTION OF THEIR AUTO INSURANCE POLICY. COLLISION MEANS THE UPSET OF YOUR COVERED AUTO OR ITS IMPACT WITH ANOTHER VEHICLE OR OBJECT. IT DOES NOT INCLUDE FALLING OBJECTS. FIRE. THEFT. WINDSTORM. VANDALISM. HAIL. WATER OR FLOOD. OUR POLICYHOLDERS NORMALLY RENT CARS UNDER TWO CIRCUMSTANCES - THEY ARE ON V ACA TION OR. THEY RENT A CAR AS A TEMPORARY SUBSTITUTE WHILE THEIR CAR IS OUT OF SERVICE. THE CIRCUMSTANCES UNDER WHICH YOU RENT A CAR AFFECTS THE COVERAGE PROVIDED BY YOUR POLICY. IF YOU RENT A CAR WHILE YOU ARE ON VACATION. IF YOUR POLICY PROVIDES COLLISION INSURANCE ON A TLEAST ONE CAR. AS LONG AS THAT COVERAGE REMAINS IN EFFECT. YOUR POLICY WOULD PROVIDE COLLISION INSURANCE EQUAL TO THE BROADEST COLLISION INSURANCE PROVIDED ON A CAR ON YOUR POLICY. FOR EXAMPLE. IF YOU HAVE THREE CARS COVERED FOR COLLISION INSURANCE. TWO WITH 5250 DEDUCTIBLE AND ONE WITH A 5200 DEDUCTIBLE, THE 5200 DEDUCTIBLE WOULD APPLY TOWARD THE RENTAL CAR. IF YOU RENT A CAR WHILE YOU CAR IS OUT OF SERVICE. IF YOUR POLICY PROVIDES COLLISION COVERAGE ON THE VEHICLE WHICH IS OUT OF SERVICE DUE TO ITS BREAKDOWN. REPAIR. SERVICING. LOSS OR DESTRUCTION. YOUR POLICY WOULD PROVIDE COLLISION COVERAGE ON A RENTAL VEHICLE. IF YOUR POLICY DOES NOT PROVIDE COLLISION COVERAGE ON THE CAR THAT IS OUT OF SERVICE. YOUR POLICY WOULD NOT PROVIDE COVERAGE FOR THE RENTAL CAR. PLEASE CONTACT YOUR AGENT IF YOU NEED TO RENT A CAR UNDER CIRCUMSTANCES OTHER THAN THOSE OUTLINED ABOVE OR. IF YOU HAVE ANY QUESTIONS. . Form 70-2738 {Ed. 08/901 ,,';i7. PENN NA1l0NAL t"Jr. INSURANCE ,...Jtf'NlltI.........e.tIltllyIillIl_.Cf..... ",0 ..lfXl'I~.....'4"lot PENNSYLVANIA MOTOR VEHICLE FINANCIAL RESPONr;lIBILlTY LAW OPTION SELECTION SHEET . Indicate the coverages you want on your polley in the blocks below. sign in the space provided and give this form to your agent . TORT OPTION 0 Full Tort MEDICAL EXPENSE BENEFITS 0 $5.000 0 $10.000 INCOME 0 up to $5.000/maximum benefits per monlh $1.000 LOSS 0 up to $15.000/maximum benefits per month G 1.000 BENEFITS 0 I reject Income Loss Benefits Coverage FUNERAL EXPENSES 0 $1.500 0 $2.500 ACCIDENTAL DEATH BENEFITS o Llmiled Tort o $25.000 0 $50.000 0 $100.000 o up 10 $25.000/maximum benefits per month $1.500 o up 10 $50.000/maximum benefits per month $2.500 I I I o I reject Funeral Expense Benefits Coverage o $10.000 o $25.000 0 I rejecI Accidental Dealh Benefits Coverage Funerat Accidental Expense Benefits Death Benefits $2.500 $10.000 $2.500 $10.000 $2.500 $25.000 $2.500 $25.000 o $5.000 Tolal Benefits o $ 50.000 o $100.000 o $177.500 o $277.500 Single Umits (Bodily Injury and Property Damage) o $ 35.000 o $ 50.000 o $ 75.000 o $100.000 o $200.000 o $300.000 o $500.000 UNINSURED MOTORIST COVERAGE Single Limits Bodily Injury Split Umits Bodily Injury o $ 35.000 0 $ 15.000/$ 30.000 o $ 50.000 0 $ 20.000/$ 40.000 o $ 75.000 0 $ 25.000/$ 50.000 o $100.000 0 $ 50.000/$100.000 o $200.000 0 $100.000/$200.000 o $300.000 0 $100.000/$300.000 o $500.000 0 $250.000/$500.000 COMBINA nON FIRST PARTY BENEFITS Spiit Limits Property Damage o $ 5.000 o $ 10.000 o $ 20.000 o $ 25.000 o $ 50.000 o $100.000 Bodily Injury o $ 15.000/$ 30.000 o $ 20.000/$ 40.000 o $ 25.000/$ 50.000 o $ 50.000/$100.000 o $100.000/$200.000 o $100.000/$300.000 o $250.000/$500.000 UNDERINSUREO MOTORIST COVERAGE , Single Umits Bodily Injury Split Limits Bodily injury o $ 35.000 0 $ 15.000/$ 30.000 o $ 50.000 0 $ 20.000/$ 40.000 o $ 75.000 0 $ 25.000/$ 50.000 o $100.000 0 $ 50.000/$100.000 o $200.000 0 $100.000/$200.000 o $300.000 0 $100.000/$300.000 o $500.000 0 $250.000/$500.000 LIABILITY LIMITS If you want to reject coverage or stacking contact your agent for If you want to reject coverage or stacking contact your agent for the appropriate form. the appropriate form. Single Limit (Medical and Rehabilitation) EXTRAORDINARY 0 $100.000 0 $ 500.000 0 i reject Extraordinary Medical Benefits Coverage MEDICAL BENEFITS 0 $300.000 0 $1.000.000 YOUR SIGNATURE ACKNOWLEDGES THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THE IMPORTANT NOTICES FOUND ON THE REVERSE SIDE HEREOF. NAMED INSURED (Please Printl ) TELEPHONE NUMBER POLICY NUMBER EFFECTIVE DATE INSURED SIGNATURE OA TE SIGNED SPOUSE'S SIGNATURE DATE SIGNED Form 70-1512 (Rev. 07/90l t,j i1 : 'l~ '. ,I r :\ :f Iii';' ['1,\ \~0 t'; v'.":; PERSONAL AUTO POLICY AGREEMENT In return for payment of the premium and subJcct to all the terms 01 this pOliCY. we agrec with you as follows: DEFINITIONS A. Throughout this policy, "you' and "your" refer to: 1. The "named insured" shown in the Declara. t1ons: ana 2. The spouse if a resident of the same house- hold. B. "We". "us" and "our" refer to the Company pro- viding this insurance. C. For purposes of this. policy. a p"vate passenger type auto shall be deemed to be owned by a person if leased: 1. Under a wrinen agreement to that person; and 2. For a continuous period of at least 6 months, Other words and phrases are defined. They are in quotation marks when used. D. "Bodily injury" means bodily harm. sickness or disease. including ':leath that results. E. "Business" inelu'des trade. profession or occupa- tion. F. "Family member" means a person related to you by blood. marriage or adoption who is a resident of your household. This includes a warc! or ioster child. G. "Occupying" means in. upon. gelling in. on. out or off. H. "Property damage" means physical injury to. de, struction oi or loss of use of tangible property. I. "Trailer" means a vehicle designed to be pulled by a: 1. Private passenger auto; or 2. Pickup or van. It also means a farm wagon or farm implement while towed by a vehicle listed in 1. or 2. above. J. "Your covered auto" means: 1. Any vehicle shown in the Declarations. 2. Any of the following types of vehicles on the date you become the owner: a. A private passenger auto; or b. A pickup or van that: (1) Has a Gross Vehicle Weight of less than 10.000 Jbs,; ana (2) Is not used for the delivery or transpor. tat:Jn of goods and materials unless such use is: (2) Incidental to your "business" of in- stalling, maintaining or repairing furnishings or equipment; or (b) For farming or ranching. This provision (J.2.) applies only if: a. You acquire the vehicle during the policy period: b. You ask us to insure it within 30 days aher you become the owner: and c. With respect to a pickup or van. no other insurance policy provides coverage for that vehicle. If the v<:hicle you acquire replaces one shown in the Declarations. it will have the same cov- erage as the vehicle it replaced. You must ask us to icsure a replacement vehicle within 30 days only ii you wish to add or continue Covera~e for Damage to Your AUlD. If the vehicle you acquire is in addition to any shown in the Declara!ions. it will have the broade5~ coverage: we now provide for any vehicle shown in the Declarations. 3. Any "trailer" you own. 4. Any auto or "trailer" you do not own while used as a temporary substitute for any other vehicle described in this definition which is out of normal use because of its: a. Breakdown: d. Loss; or b. Repair; e. Destruction. c. Servicing; This provisioc (J.4.) does not apply to Cov- erage for Damage to Your Auto. Copyright. Insurance Services QHice. Inc.. 1994 Page 1 of 11 PART A . LIABILITY COVERAGE INSURING AGREEMENT A. We will pay damages for "bodily injury" or "property damage" for which any "insured" be. comes legally responsible because of an auto ac- cident. Damages include prejudgment interest awarded against the "insured", We will settle or defend. as we consider appropriate. any claim or suit asking for these damages. In addition to our limit of liability. we will pay all defense costs we incur. Our duty to settle or defend ends when our limit of liability for this coverage has been ex. hausted. We have no duty to defend any suit or settle any claim for "bodily injury" or "property damage" not covered under this policy. 8. "Insured" as used in this Part means: 1. You or any "family member" for the owner. ship. maintenance or use of any auto or "trailer", 2. Any person using "your covered auto". 3. For "your covered auto". any person or or- ganization but only with respect to legal reo sponsibility for acts or omissions of a person for whom coverage is afforded under this Part. 4. For any auto or "trailer". other than "your covered auto". any other person or organiza. tion but only with respect to legal responsi- bility for acts or omissions of you or any "family member" for whom coverage is af. forded under this Part. This provision (804.) applies only if the person or organization does not own or hire the auto or "trailer". SUPPLEMENTARY PAYMENTS In addition to our limit of liability. we will pay on behalf of an "insured": 1. Up to $250 for the cost 01 bail bonds required because 01 an accident. including related traflic law violations, The accident must result in "bodily injury" or "property damage" cov. ered under this policy. 2. Premiums on appeal bonds and bonds to re- lease attachments in any suit we defend. 3. Interest accruing alter a judgment is entered in any suit we delend. Our duty to pay interest ends when we oHer to pay that part 01 the judgment which does not exceed our limit of liability for this coverage. 4. Up to $50 a day for loss of earnings. but not other income. because of attendance at hearings or trials at our request. 5. Other reasonable expenses incurred at our re- quest. EXCLUSIONS A. We do not provide liability Coverage for any "insured". 1. Who intentionally causes "bodily InJury" or "property damage". 2. For "property damage" to property owned Dr being transoorted by that "insured". 3. For "prooertv damage" to property' a. Rented to; b. Used by; or c. In the care of: that "insured". This exclusion (A.3.) does not apply to "property damage" to a residence or private garage. 4. For "bodily injury" to an emplo"ee 01 that "insured" during the course of employment. This exclusion (AA.) does not apply to "bodily injury" to a domestic employee unless workers' compensation benelits are required or available lor that domestic employee. 5. For that "insured's" liability arising out 01 the ownership or operation of a vehicle while it is being used as a public or livery conveyance. This exclusion (A.5.) does not apply to a share. the. expense car pool. 6. While employed or otherwise engaged in the "business" of: d. Storing; or e. Parking; a. Selling; b. Repairing; c. Ser/icing; vehicles designed lor use mainly on public highways. This inciudes road testing and de. livery. This exclusion (A.6.) does not apoil \(1 the ownership, maintenance or use of "your covered auto" by: a. You; b. Any "family member"; or c. Any partner, agent or employee 01 you or any "family member", 'age 2. of 11 Copyright. Insurance Services QHice. Inc.. 1994 PP 00 01 0694 7. MaIntaining or uSing any vehicle while that "Insured" IS employed or otherwise engaged In any "business" (other than farming or ranching) not described In exclusion A.6. ThIs exclusion (A.7.) does not apply to the maintenance or use of a: a. Private passenger auto: b. Pickup or van that: (1) You own: or (2) You do not own while used as a tem. porar'{ substitute for "your covered auto" which IS out of normal use be. cause of its: (d) Loss; or (e) Destruction: or (a) Breakdown: (b) Repair: (e) Servicing: c. "Trailer" used with a vehicle described in a. or b. above, 8. Using a vehicle without a reasonable belief that that "insured" is entitled to do so. 9. For "bodily injury" or "property damage" for which that "insured"; a. Is an insured under a nuclear energy Ii. ability policy: or b. Would be an insured under a nuclear en. ergy liability policy but for its termination upon exhaustion of its limit of liability. A nuclear energy liability policy is a policy is. sued by any of the following or their succes. sors: a. American Nuclear Insurers; b. Mutual Atomic Energy Liability Under- writers: or e. Nuclear Insurance Association of Canada. B. We do not provide Liability Coverage for the ownership. maintenance or use oi: 1. Any vehicle which: a. Has fewer than four wheels; or b. Is designed mainly for use off publiC roads. This exclusion (B.1.) does not apply: a. While such vehicle is being used by an "insured" in a medical emergency; or b. To any "trailer", 2. Any vehicle. other than "your covered auto". which is: a. O'Nned by you: or b. Furnished or available for 'lour regular use. 3. Any vehicle. other than "your cov"red auto". whIch IS: a. Owned by any "family member"; or b. Furnished or available lor the regular use of any "family member". However, thiS exclUSion (B.3.) does not apply to 'Iou while 'Iou are maintaining or "occupy" ing" any vehicle which is: a. Owned by a "family member": or b. Furnished or available for the regular use of a "family member" 4. Any vehicle. located inside a facility designed for racing. for the purpose of: a. Competing in: or b. Practicing or preparing for; anv prearranged or organized racing or speed comest. LIMIT OF LIABILITY A. The limit of liability shown in the Declarations for this coverage is our maximum limit of liability 'for all damages resulting from anyone auto accident. This is the most we will pay regardless of the number of: 1. "Insureds"; 2. Claims made; 3. Vehicles or premiums shown in the Declara- tions; or 4. Vahicles involved in the auto accident. B. We will apply the limit of liability to provide any separate limits required by law for bodily injury, and prooerty damage liability. However. this provision (B.) will not change our total limit of liability. C. Nc one will be entitled to receive duplicate pay- ments for the same elements of loss under this coverage and: 1. Part B or Part C of this policy; or 2. Any Underinsured Motorists Coverage pro- vided by this policy. Copyright. Insurance Services Qffice. lnc.. 1994 Page 3 of 11 OUT 01' STATE COVERAGE If an auto accident to which this policy applies oc. curs in any state or province other than Ihe one in which "your covered auto" is principally garaged, we will interpret your policy for that accident as fol- lows: A. If the state or province has: 1. A financial responsibility or similar law speci- fying limits of liability for "bodily injury" or "property damage" higher than the limit shown in the Declarations. your policy will provide the higher specified limit. 2. A compulsory insurance or similar law requir- ing a nonresident to maintain insurance whenever the nonresident uses a vehicle in that state or province. your policy will provide at least the required minimum amounts and types of cove,rage. B. No one will be entllled to duplicate payments for the same elements at loss. FINANCIAL RESPONSIBILITY When this policy is certified as future proof of fi. nancial responsibility. thiS pOlicy shall comply with the law to the extent required. OTHER INSURANCE If there 15 other applicable liilbility insurance we will pay only our share of the loss. Our share is the pro. ponion that our limit of liability bears to Ihe total of all applicable limits. However. any insurance we provide for a vehicle you do not own shall be excess over any other collectible insurance. PART B MEDICAL PAYMENTS COVERAGE INSURING AGREEMENT A. We will pay reasonable expenses incurred for necessary medical and funeral services because of "bodily injury": 1. Caused by accident; and 2. Sustained by an "insured". We will pay only those expenses incurred for services rendered within 3 years from the date of the accident. S, "Insured" as used in this Part means: 1. You or any "family member": a. While "occupying"; or b. As a pedestrian when struck by; a motor vehicle designed for use mainly on public roads or a trailer of any type. 2. Any other person while "occupying" "your covered auto". EXCLUSIONS We do not provide Medical Payments Coverage for any "insured" for "bodily injury"; 1. Sustained while "occupying" any motorized vehicle having fewer than four wheels. 2. Sustained while "occupying" "your covered auto" when it is being used as a public or liv- ery conveyance. This exclusion (2.) does not apply to a share-the-expense car pool. 3. Sustained while "occupying" any vehicle lo- cated for use as a residence or premises. 4. Occurring during the course of employment if workers' compensation benefits are required or available for the "bodily injury". 5. Sustained while "occupying". or when struck by. any vehicle (other than "your covered auto") which is: a. Owned by you; or b. Furnished or available for your regular use. 6. Sustained while "occupying", or when struck by. any vehicle (other than "your covered auto") which is: a. Owned by any "family member"; or b. Furnished or available for the regular use of any 'family member". However. this exclusion (6.) does not apply to you. 7, Sustained while "occupying" a vehicle with- out a reasonable belief that that "insured" is entitled to do so. 8. Sustained while "occupying" a vehicle when it is being used in the "business" of an "in- sured". This exclusion (B,) does not apply to "bodily injury" sustained while "occupying" a: a, Privete passenger auto; b. Pickup or van that you own; or c. "Trailer" used with a vehicle described in a. or b, above. 9. Caused by or as a consequence of; a. Discharge of a nuclear weapon (even if accidental); b. War (declared or undeclared); c, Civil war; d. Insurrection; or e. Rebellion or revolution. 10. From or as a consequence of the following, whether controlled or uncontrolled or how- ever caused: a. Nuclear reaction; b. Radiation; or c. Radioactive contamination. Page 4 of 11 Copyright. Insurance, Services Qffice. Inc.. 1994 P P 00 01 06 94 11. Sustained while "occupying" any vehicle 10' cated inside a facility designed for racing. for tne purpose of: a. Competing in: or b. Practicing or preparing for; any prearranged or organized racing or speed contest. LIMIT OF LIABILITY A. The limit of liability shown in the Declarations for this coverage is our maximum limit of liability lor each person injured in anyone accident. This is the most we '1'1,11 pay regardless of the number of: 1. "Insureds": 2. Claims made: 3. Vehicles or premiums shown in the Declara. tions: or 4. Vehicles involved in the accident. B. No cine will be entitled to receive duplicate pay. ments for the same elements of loss under this coverage and: 1. Part A or Part C 01 this policy; or 2. Any Underinsured Motorists Coverage pro. vided by this policy. OTHER INSURANCE If there is other applicable auto medical payments insurance we will pay only our share of the toss. Our share is the proportion that our limit of liability bears 10 the total of all applicable limits, However. any in. surance we provioe with respect to a vehicle you do not own shall be excess over any other collectible auto insurance providing payments for medical or funeral expenses. PART C - UNINSURED MOTORISTS COVERAGE INSURING AGREEMENT A. We will pay compensatory damages which an "insured" is legally entitled to recover from the owner or operator of an "uninsured motor vehi. cle" because of "bodily injury": 1. Sustained by an "insured": and 2. Caused by an acciuent. The owner's or operator's liability ior these dam. ages must arise out of the ownership. mainte. nance or use of the "uninsured momr vehicle". Any judgment ior damages arising out of a suit brought without our wri"en consent is not bind. ing on us. B. "Insured" as used in this Part mea:1s: 1. You or any "family membe,". 2. Any other person "occupying" "your covered auto", 3. Any person ior damages that person is entitled to recover because of "bodily injury" to which this coverage applies sustained by a person described in 1. or 2. above. C. "Uninsured motor vehicle" means a land motor vehicle or trailer of any type: 1. To which no bodily injury liability bond or policy applies at the time of the accident. 2. To which a bodily injury liability bond or pol. icy applies at the time of the accident. In this case its limit for bodily injury liability must be less than the minimum limit for bodily injury liability specified by the financial responsibil. ity law of the state in which "your covered auto" is principally garaged. 3. Which is a hit.and-run vehicle whose operator or owner cannot be identified and whiCh hits: a. You or any "family member": b. A vehicle which you or any "iamily memo be(' are "occupying"; or c. "Your covered auto". 4. To which a bodily injury liability bond or pol- icy applies at the time of the accident but the bonding or insuring company: a. Denies coverage: or b. Is or becomes insolvent. However. "uninsured motor vehicle" does not include any vehicle or equipment: 1. Owned by or furnished or available for the regular use of you or any "family member". 2. Owned or operated by a self. insurer under any applicable motor vehicle law. except a seli- insurer which is or becomes insolvent. 3. Owned by any governmental unit or agency. 4. Operated on rails or crawler treads. 5. Designed mainly for use off public roads while not on public roads. 6. Whiie located for use as a residence or prem- ises. EXCLUSIONS A. We do not provide Uninsured Motorists Coverage for "bodily injury" sustained: 1. By an "insured- while "occupying". oLwhen struck by. any motor vehicle owned by that "insured" which is not insured for this cover- age under this policy. This includes a trailer of any type used with that vehicle. r.nnvriaht. Insurance Services Qffice. Inc.. 1994 2. By any "family member" while "occupying". or when struck by. any motor vehicle you own which is insured for this coverage on a primary baSIS under any other policy B. We do not prOVide Uninsured Motorists Coverage for "bodily injury" sustained by any "Insured": 1. If that "insured" or the legal representative settles the "bodily Injury" claim without Ollr consent. 2. While "occuPYing" "your covered auto" when it IS being used as a public or livery conveyance. This exclusion (B.2.) does not apply to a share-the-expense car pool. 3. USing a vehicle wlthOul a reasonable belief rharlhal "Insured" is entirJed to do so. C. This coverage shall not apply directly or indirectly to benefit any insurer or self-insurer under any of the following or similar law: 1. Workers' compensation law; or 2. Disability benefits law, D. We do not provide Uninsured Motorists Coverage for punitive or exemplary damages. LIMIT OF LIABILITY A. The limit of liability shown in the Declarations for this coverage is our maximum limit of liability for all damages resulting from anyone accident. This is the most we will pay regardless of the number of: 1. "Insureds"; 2. Claims made; 3. Vehicles or premiums shown in the Declara- tions; or 4. Vehicles involved in the accident. B. No one will be entitled to receive duplicate pay- ments for the same elements of loss under this coverage and: 1. Part A or Part B of this policy; or 2. Any Underinsured Motorists Coverage pro- vided by this policy. C. We will not make a duplicate payment under this coverage for any element of loss for which pay- ment hos been made by or on behalf oi persons or organizations who may be legally responsible. D. We will not pay ior any element oi loss ii a person is entitled to receive payment for the same ele- ment oi loss under any oi the following or similar law: 1. Workers' compensation law; or 2. Disability benefits law. OTHER INSURANCE If there is other applicable insurance available under one or more policies or provisions of coverage; 1. Any recovery for damages under all such pol- icies or provisions of coverage may equal but not exceed the highest applicable limit for any one vehicle under any insurance providing coverage on either a primary or excess basis. 2. Any InSUIiHlce we prOVide With respect to a velllele YOll 00 nOI own shall be excess over any collectible Insurance providing coverage on a ptlmiH'; baStS 3. If Ihe coverage under Ihis policy is provided: a. On a primary baSIS. we will pay only our share of the loss Ihat must be paid under Insmance prOViding coverage on a primary baSIS Our share is the proportion that our limn o/llabilny bears to the total of all ap. pllcable limits of liability for coverage pro- Vided on a primary basis. b. On an excess basis. we will pay only our share of Ihe loss that must be paid under Insurance providing coverage on an excess baSIS. Our share is the proportion that our limit of liability bears to the total of all ap- plicable limits of liability for coverage pro- ',ided on an excess basis. ARBITRATION A. If we and an "i~sured" do not agree: 1. Whether that "insured" is legally entitled to recover damages; or 2. As to the amount of damages which are-re- coverable by that "insured"; , from the owner or operator of an "uninsured motor vehicle". then the matter may be arbitrated. However. disputes concerning coverage under this Part may not be arbitrated. 80th 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 se- lection be made by a judge of a court having ju- risdiction. B. Each party will: 1. Pay the expenses it incurs; and 2. Bear the expenses of the third arbitrator equally. ' C. Unless both parries agree otherwise. arbitration will take place in the county in which the "in- sured" lives. Local rules of law as to procedure and evidence will apply. A decision agreed to by two of the arbitrators will be binding as to; 1. Whether the "insured" is legally entitled to recover damages; and 2. The amount 01 damages. This applies only if the amount does not exceed the minimum limit ior bodily injury liability speciiied by the financial responsibility law oi the state in which "your covered auto" is principally ga- raoed. If the amount exceeds that limit. either pa-rty may. demand the right to a trial. This demand must be made within 60 days oi the arbitrators' decision. If thi~ {:: 'Ir'''''l~' ;t:. ~~(.: made. the amount of damage" <J(,jISV', 'u uy the arbitrators will be binding. l.. .(~\ . . , " ~ ' I'i ., . '1~1 ~ I" h /{I : Ef Page 6 of 11 Copyright, Insurance Services Qffice. lnc.. 1994 P P 00 01 06 94 PART D - COVERAGE FOR DAMAGE TO YOUR A'UTO INSURING AGREEMENT A. We will pa', for direct and accidental loss to "your covered auto" or any "non. owned auto", mclud. ing their equipment. mmus any applicable ded\Jctible shown in the Declarations. If loss to more than one "your covered auto" or "non. owned auto" results from the same "collision", only thi; highest applicable deductIble will apply. We will pay for loss to "your covered auto" caused by: 1. Other than "collision" only if the Declarations indicate that Other Than Collision Coverage is provided for that auto. 2. "Collision" only if the Declarations indicate that Collision Coverage is provided for that auto. If there is a loss to a "non-owned auto". we will provide the broadest coverage applicable to any "your covered auto" shown in the Declarations. B. "Collision" means the upset of "your covered auto" or a "non-owned auto" or their impact with another vehicle or Object. Loss caused by the following is considered other than "collision": 1. Missiles or falling objects; 2. Fire; 3. Thef, or larceny; 4. Explosion or earthquake; 5. Windstorm; 6. Hail. water or flooc; If breakage of glass is caused by a "collision". you may elect to have it considered a loss caused by "collision" . 7. Malicious mischief or vandalism: 8. Riot or civil commotion; 9. Contact with bird or animal; or 10. Breakage of glass C, "Non-owned auto" means: 1. Any private passenger auto. pickup. van or "trailer" not owned by or furnished or avail- able for the regular use of you or any "family member" while in the custocy of or being operated by you or any "family member"; or 2. Any auto or "trailer" you do not own while used as a temporary substitute for "your cov- ered auto" which is out of normal use because of its: a. Breakdown; b. Repair; c. Servicing; TRANSPORTATION EXPENSES d. Loss; or e. Destruction. In adcition. we will pay, without application of a deductible. up to $15 per day. to a maximum of $450. for: 1. Temporary transportation expenses incurred by you in the event of a loss to "your covered aUla". We will pay for such expenses ii the loss is caused by: PP 00 01 06 94 a. Other than "collISIon' only if the Declara. tions indicate that Other Than Collision Coverage is provided for that auto. b. "Collision" only if the Declarations indicate that Collision Coverage is provided for that auto. 2. Loss of use expenses for which you become legally responsible in the event of loss to a "non. owned auto', We will pay for loss of use e.<penses if the loss is caused by: a. Other than "collision" only if the Delcarations indicate that Other Than Col- lision Coverage is provided for any "your covered auto". b. "Collision" only if the Declarations indicate that Collision Coverage is provided for any "your covered auto". If the loss is caused by a total theft of "your cov- ered auto" or a "non-owned auto". we will pay only expenses incurred during the period: 1. Beginning 48 hours aiter the theft: and 2. Ending when "your covered auto" or the "non-owned auto" is returned to use or we pay ior its loss. If the loss is caused by other than thelt of a "your covered auto" or a "non-owned auto". we will pay on 1'1 expenses beg inning when the auto is withdrawn from use for more than 24 hours. Our payment will be limited to that period of time reasonably required to repair or replace the "your covered auto" or the "non.owned auto". EXCLUSIONS We will not pay for: 1. Loss to "your covered auto" or any "non- owned auto" which occurs while it is being used as a public or livery conveyance. This exclusion (1.) does not apply to a share-the- expense car pool. 2. Damage due and confined to: a. Wear and tear; b. Freezing; c. Mechanical or electrical breakdown or failure; or d. Road damage to tires. This exclusion (2.) does not apply if the damage results from the total thelt of "your covered auto" or any "non-owned auto". 3. Loss due to or as a consequence of: a. Radioactive contamination; b. Discharge of any nuclear weapon (even if accidental); c. War (declared or undeclared); d. Civil war; Copyright, Insurance Services Qffice. Inc.. 1994 Page 7 , " p e. Insurrection; or f. Rebellion or revolution 4. Loss to: a. Any electronic equipment designed for the reproduction of sauna. Including. but nOI limited to: (1) Radios and stereos: (2) Tape decks; or (3) Compact disc players; b. Any other electronic eouipment that re- ceives or rransmits audio. visual or data signals. Including. but not limited to: (1) Citizens band radios: (2) Telephones; (3) Two-way mobile radios; (4) Scanning monitor receivers; (5) Television monitor receivers: (6) Vidao cassette recorders; (7) Audio cassette recorders; or (8) Personal computers; c. Tapes. records. discs. or other media used with equipment described in a. or b.; or d. Any other accessories used with equip- ment described in a. or b. This exclusion (4.) does not apply to: a. Equipment designed solely for the reprod- uction 01 sound and accessories used with such equipment. provided: (1) The equipment is permanently installed in "your covered auto" or any "non. owned auto"; or (2) The equipment is: (a) Removable from a housing unit which is permanently installed in the auto; (b) Designed to be solely operated by use of the power Irom the auto's electrical system; and (c) In or upon "your covered auto" or any "non-owned auto"; at the time 01 the loss. b. A,ny other electronic equipment that is: (1) Necessary lor the normal operation of the auto or the monitoring of the auto's operating systems; or (2) An integral part of the same unit hous- ing any sound reproducing equipment described in a. and permanently in- stalled in the opening of the dash or console of "your covered auto" or any "non-owned aUlo" normally used by the manufacturar for installation of a radio. 5. A total loss to "your covered auto" or any "non.owned auto" due to destruction or con. lisc"t.on by governmental or CIVil authorities. ThiS exclUSion (5.) does not apply to the in. tereSIS 01 Loss Payees in "your covered auto". 6. Loss to a camper body or "trailer" you own which IS not shown in the Declarations. This exclusion (6.) does not apply to a camper body or "trailer" you: a. Acquire during the policy period; and b. Ask us to insure within 30 days after you become the owner. 7. Loss to any "non-owned auto" when used by you or any "family member" without a rea. sonable belief that you or that "family mem- ber" are entitled to do so. B. Loss to: a. Awnings or cabanas; or b. Equipment designed to create additional living facilities. 9. Loss to equipment designed or used for the detection or location of radar or laser. 10. Loss to any custom furnishings or equipment in or upon any pickup or van. Custom fur- nishings or equipment include but are not limited to: a. Specia I carpeting and insulation. furniture or bars; b. Facilities for cooking and sleeping; c. Height-extending roofs; or d. Custom murals. paintings or other decals or graphics. 11. Loss to any "non-owned auto" being main- tained or used by any person while employed or otherwise engaged in the "business" of: a. Selling; d. Storing; or b. Repairing; e. Parking; c. Servicing; vehicles designed for use on public highways. This includes road testing and delivery. 12. Loss to any "non-owned auto" being main- tained or used by any person while employed or otherwise engaged in any "business" not described in exclusion 11. This' exclusion (12.) does not apply to the maintenance or use by you or any "family member" of a "non-owned auto" which is a private passen- ger auto or "trailer". 13. Loss to "your covered auto" or any "non- owned auto". located inside a facility' de- signed for racing, for the purpose of: a. Competing in; or b. Practicing or preparing for; any prearranged or organized racing or speed contest. , Page 8 of 11 Copyright. Insurance Services Qffice. Inc.. 1994 PP 00 01 06 94 14. Loss to, or loss of use of. a "non-owned auto" rented by: a, You; or b. Any "familv member"; Ii a rental vehicle company is precluded from recovering such loss or loss of use, from you or that "family member", pursuant to the pro- visions of any applicable rental agreement or state law. LIMIT OF LIABILITY A. Our limit of liability tor loss will be the lesser of me 1. Actual cash value of the stolen or damaged property; 2, Amount necessary to repair or replace the property with other property of like kind and c;uality. However, the most we will pay for loss to any "non-owned auto" which is a trailer is 5500. B. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total loss. C. If a repair or replacement results in better than like kind or quality. we will not pay for the amount of the betterment. PAYMENT OF LOSS We may pay for loss in money or repair or replace the damaged or stolen property. We may, at our expense, return any stolen property to: 1. You; or 2. The address shown in this policy. If we return stolen property we will pay for any damage resulting from the theft. We may keep all or part of the prooerty at an agreed or appraised value. If we pay for loss in omone,!, our payment will include the applicable sales tax for the damaged or stolen property NO BENEFIT TO BAILEE ThiS Insurance snail not directly or indllectly benefit any carrier or other bailee for hlle. OTHER SOURCES OF RECOVERY If other sources of recovery also cover the loss, we will pay only our share of the loss, Our share is the proportion that our limit of liability bears to the total of all applicable limits. However, any insurance we provlce With respect to a "non. owned auto" shall be excess over any other coflectible source of re- covery Including. but not limited to: 1. Any coverege provided by the owner of the "non.owned auto"; 2. Anv other applicable physical damage insur- ance; 3. An'! other source of recovery applicable to the loss. APPRAISAL A. If we and you do not agree on the amount of loss, either may demand an appraisal of the loss. In this event. each party will select a competent ap- praiser. The twO appraisers will select an umpire. The appraisers will state separately the actual cash value and the amount of loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: 1, Pay its chosen appraiser; and 2. Sear the expenses of the appraisal and umpire equally. B, We do not waive any of our rights under this policy by agreeing to an appraisal. PART E - DUTIES AFTER AN ACCIDEN I OR LOSS We have no duty to provide coverage under this poliC'{ unless there has been iull compliance with the following duties: A. We must be notified promptly oi how, when and where the accident or loss happened. Notice should also include the names and addresses oi an,! injured persons and of any witnesses. B. A person seeking any coverage must: 1, Cooperate with us in the investigation, settle- ment or defense oi any claim or suit. 2. Promptly send us copies of any notices or le- gal papers received in connection with the accident or loss. 3, Submit. as often as we reasonably require: a. To physical exams by physicians we select. We will pay for these exams. b. To examination under oath and subscribe the same. 4. Authorize us to obtain: a. Medical reports; and b, Other pertinent records. 5. Submit e proof of loss when required by us. C. A person seeking Uninsured Motorists Coverage must also: 1. Promptly notify the police ii a hit-and-run driver is il1volved, 2. Promptly send us copies of the legal papers if a suit is brought. D. A person seeking Coverage for Damage to Your Auto must also: 1. Take reasonable steps after loss to protect "your covered auto. or any "non-owned auto" and their equipment from further loss, We will ~ay reasonabie expenses incurred to do this. 2. Promptly notify the police if "your covered auto" or eny "non-owned auto" is stolen. 3. Permit us to inspect and appraise the dam- aged property before its repeir or disposal. PART F - GENERAL PROVISIONS BANKRUPTCY Bankruptcy or Insolvency of the "insured" shall not relieve us of any oblrgations under this policy. CHANGES A. This policy contains all the agreements between you and us. Its terms may not be changed or waived except by endorsement issued by us, B, If there is a change to the information used to develop the policy premium, we may adjust your premium. Changes during the policy term that may result in a premium increase or decrease in- clude. bur are not limited to. changes in: 1. The number, type or use classification of in- sured vehicles; 2, Operators using insured vehicles; 3. The place of principal garaging of insured 'Ie. hicles; 4. Coverage. deductible or limits. If a change resulting from A. or B, requires a pre. mium adjustment. we will make the premium ad- justment in accordance with our manual rules, C, If we make a change which broadens coverage under this edition of your policy without addi- tional premium charge, that change will auto- matically apply to your policy as of the date we implement the change in your state. This para- graph (C,) does not apply to changes imple- mented with a general program revision that includes both broadenings and restrictions in coverage, whether that general program revision is implemented through introduction of: 1, A subsequent edition of your policy; or 2. An Amendatory Endorsement. FRAUD We do not provide coverage ior any "insured" who has made fraudulent statements or engaged in fraudulent conduct in connection with any accident or loss ior which coverage is sought under this pol- icy. LEGAL ACTION AGAINST US A.No legal action may be brought against us until there has been iull compliance with all the terms of this policy. In addition, under Part A, no legal action may be brought against us until: 1. We agree in writing that the "insured" has an obligation to pay; or 2. The amount of that obligation has been finally determined by judgment after trial. 8. No person or organization has any right under this policy to bring us into any action to deter- mine the liability of an "insured". Page100f11 OUR RIGHT TO RECOVER PAYMENT A. If we make a payment under this policy and the person to or for whom payment was made has a right to recover damages from another we shall be subrogated to that light. That person shall do: 1, Whatever is necessary to enable us to exercise our rights; and 2, Nothing after loss to prejudice them. However. our righrs in this paragraph (A,) do not apply under Parr D. against any person uSing "your covered auto" with a reasonable belief that .that person is entitled to do so. B. If we make a payment under this policy and the person to or for whom payment is made recovers damages from another, that person shall: 1. Hold in trust for us the proceeds of the re- covery; end 2. Reimburse us to the extent of our payment. POLICY PERIOD AND TERRITORY A. This policy applies only to accidents and losses which occur: 1. During the policy period as shown in the Declarations; end 2. Within the policy territory. 8. The policy territory is: 1. The United States oi America, its territories or possessions; 2. Puerto Rico; or 3, Canada. This policy also applies to loss to. or accidents involving. "your covered auto" while being vansported between their pOrts. TERMINATION A. Cancellation. This policy may be cancelled during the policy period as follows; 1, The named insured shown in the Declarations may cancel by: a, Returning this policy to us; or b, Giving us advance written notice of the date cancellation is to take effect. 2, We may 'Cancel by mailing to the named in- sured shown in the Declarations at the ad- dress shown in this policy; a. At least 10 days notice; (1) If cancellation is for nonpayment of premium; or (2) If notice is mailed during the first 60 days this policy is in effect and this is not a renewal or continuation policy; or b. At least 20 days notice in all other cases. Copyright, Insurance Services Qffice. lnc.. 1994 P P 00 01 06 94 3. After thiS polley IS In effect for 60 days. or if :nls is a renewal or continuation policy, we .vlll c;mce! onl\( a. For nonpayment 01 premium: or b, If your olive's license or that of: (1) Any dllver who lives with you; or (2) Any driver who customallly uses "your covered auto": has been suspended or revoked. This must have occurred: (1) Our:ng the poliC'1 period; or (2) Since the last anniversary of [he original effective date ii the policy period is other then 1 year; or c. If the pOlicy was obtained through material misrepresentatlon. B, Nonrenewal. If we decide not to renew or continue this policy. we will mail notice to the named insured shown in the Declarations at the address shown in this policy. Notice will be mailed at least 20 days before the end of the policy period. If the policy period is: 1. Less than 6 months. we will have the right not to renew or continue this pOliCY every 6 months, beginning 6 months after its original effective date. 2. 1 year or longer, we will have the right not to renew or continue this policy at each anni- versary of its original effective date. C. Automatic Termination. If we offer to renew or continue and you or your representative do not accept. this po lie,! will automatically terminate at the end of the current policy period. Failure to.pay the required renewal or continuation premium when due shall mean that you have not accepted our offer. If you obtain other insurance on "your covered auto", any similar insurance provided by this policy will terminate as to that auto on the effec- tive date oi the other insurance. .\ D, Other T'Jrmination Provisions, 1. We may deliver any nptlce instead of mailing It Proal of mailing of any notice shall be suf. !rclent proof of notice. 2. If thiS pOlicy IS cancelled. 'IOU may be entitled to a premium refund. If so, we will send you me refund. The premium refund, if any, will be computed according to our manuals. However, making or offering to make the reo fund is not a condition of cancellation. 3. The effective cate of cancellation stated in the notice shall become the end of the policy pe. flod. TRANSFER OF YOUR INTEREST IN THIS POLICY A. Your rights and duties under this policy may not be assigned without our w'itten consent. How- ever, if a named insured shown in the Declara. tions dies. coverage will be provided for: 1, The surviving spouse if resident in the same household at the time of death. Coverage ap- plies to the spouse as ii a named insured shown in the Declarations; and 2. The legal representative oi the deceased per. son es if a named insured shown in the Dec- larations, This applies only with respect to the representetive's legal responsibility to main- tain or use I'your covered auto". B. Coverage will only be provided until the end of tha policy period. TWO OR MORE AUTO POLICIES If this policy and any other auto insurance policy is- sued to you by us apply to the same accident, the maximum limit oi our liebiiity under all the policies shall not exceed the highest applicable limit of li- ability under anyone policy. Copyright, Insurance SelVices 9ffice, Inc.. 1994 POLICY NUMBER. PERSONAL AUTO PP 04 19 06 95 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNDER INSURED MOTORISTS COVERAGE.. PENNSYLVANIA (STACKED) With respect to the coverage provided by this endorsement, the provisions of the policy apply unless modified by the endorscment. Description of . Vehicle SCHEDULE UNDERlNSURED MOTORISTS COVERAGE Limit of Liability $ S S Premium $ $ $ n,SURING AGREEMENT A. We will pay compensatory damages which an "insured" is' legally entitled to recover from the owner or operator of an "underinsured motor vehicle" because of "bodily injury": 1. Sustained by an "insured"; and 2. Caused by an accident. The owner's or operator's liabilitl' for Ihese damages must Mise out of the ownership..main. tenance or use of the "underinsured motor vehi- cle". We will pay under this coverage only if .1. or 2. below applies: '. . 1. The. limits of liability under any applicable bodily injury liability. bonds or policies have been exhausted by payment of judgments or selllements; or .. 2, A tentalive selllement has been made be- Iween an "insured" and the insurer of,the "underinsured motor vehiclc" and we; a. Have been given prompt wrlllen nolice of such tentative selllement: and b. Advance payment to the. :insured: in an amount equal 10 the tentalive setllement within 30 days after receipl of notification. No judgment for damages arising out of a sui! brought against the owner or operator 01 an "underinsured molar vehicle- is binding on us unless we: 1. Received reasonable nolice of the pendency of Ihe suit resulling in the judgment; and 2, Had a reasonable opportunity to protect our interests in the suit. B. "Insured" as used in this endorsement means: 1. You or any "family member". 2.' Any other person "occupying" "your covered auto". . 3. Any.person for da';'ages thai person is enli- lied to recover because of "bodily 'injury". 10 which this coverage' applies susta'ined by a person described in 1. or 2. above: . C, "UndEi.irnsured motor. vehicle" means a land mo- tor ve~icle, or trailer of any type 10 which a bodily injurY'li~bility bond or policy applies at the lime of the' accident but the amount paid for "bodily inju,y"\jnder itiat bond or policy to an "insured" is not e'nough to pay the full amount the "in- sured" is legally entitled to recover as damages. However. "underinsured lnotor vehicle" does not include any vehicle or equipment: 1, For which liabilily coverage is provided under Part A of this polley. 2. Owned iiI' any governmental unit or agency. 3, Operated on rails or crawler treads. 4, Designed mainly for use olf public roads while not on public roads. . 5. While localed for use as a residence or premises. PP 0419 06 95 ". Copyright. Insurance Services Qlfice, Inc:, 1994 Page 1 of 4 ...' ." :',' . ..,::.;?l;~?: ~\:;:~~'-;-',"'I'-~" ~ " EXCLUSIONS 'c, ", .,.,. . A. We do not provide UnderinsuredMol~rist~ 'C~v, erage for "bodily injury" sustaine~:" ,';;.:1;'::':,.;,,,. .....,' . 1. By you while "occupying". orwh~nstruck:bY. '. any motor vehicle. you own:which\is'not:in'" ,,+' sured for this coverage under this'policy.J'his includes a trailer of any lype'.used"witiijhat .' vehic~,e. .., ' ,,'" '_'.~';~"~:"~ '~':){(~~{;.'L~!':'L0..~':~'\ 2. Bya family member; .";;-....?"\."..,".;.,;..:."'.,.,. a, Who owns an auto: Whi!::~';~c~.bYi~~{;; o~_:: . .. when struck by, any motor;vehicle'owned . by you or any "family.niemberr.whlcli is not insured for this co(/eli.'ge"underthis policy. This includes a. t(ail~r:o(a!1Y ,type used wIth that vehicle:.:'.".<";..i,... ,;,: .,'. . he C,.\.' .., b, Who does not own an-iju'io;7;while ,'occu- pying", or when struck'by~any"motor-Ve- hicle you own which' isins'ured for this coverage. on a primary basi~: under any other poliCY. ,.~..,.i:..",.::::'~ -;:',' . B. We do not provide UnderinsurM'Moiorists Cov- erage for "bodily injury:. sust.ained: by:anY'-in. sured"; , ., ,-,'<i~~,:?t;';'!;.',,:';,q.' :', .:' . . , ',' 1. While "occupying" "your covered; auto".when it is' being used as 'ii 'public' :'9~. livery conveyance. This exclusion (B.1.) ,'does not . apply to'a share'the-expen'sei!i:ai-cpoi;>l: .,. v . ;, ..' . ". '..; . ~ '.'-'1 ':t", \ . \"i" .~, ',' I ' 2. Using.a vehicle'.wiiliou) .?:,f:e~~~ri~,~,t~ belief . that thal'.'insured" is entitled:.to;do;so.; : .' . , : _ ...' '., .....l,... .1.-. ,.l~'. :'(~"'.' 1 .. C. We ,do not provide Underins'ured'.'r;"olorisls .Cov-- '. '. ,,'~' .. .... .11-0,' .,'. erage for ,"noneconomic 10~s.;,.s~stain9.~"bY: any ....insured" to whom. th.e .I.~mite.d' tg.'i1:~ltemative . applies. resulting from :'.bodily:injq[y:;:E~u'sed by an. accident .iry~olving an. -ull.derin~.u.[~d., motor vehicle".. unless .the "bodily injury::.suslained, is . a ,".serious iOJ'ury''';. .' .. '- ,,,!,,,:'~"",~~ .,' I '. ' '... ", ~;',' ,:. Vtll.':'l;-.i ~: ~. ',,'. This 'exclusion (C.) does.not..<ipply:.::....::.. '.. . .. '. ,. "" ~ .' ..,.. .. ....... " .:".- .~.. ,.... ~ ~, , .' 1. If the owner or operator of. tifEic"underinsured motor vehicle": . .. ,_. t ' ;: l ;"1: ~. l;!;'. '/ , \ a, Is convicted: or.:'acc~Pts ;.: Accelerated Rehabilitative. Disposition, for,driving un- der the influence of alcoliol or a"controlled substance in that accident;' . b. Is operating a motor\iiihicleregistered in another slate; or . . ." ".. . .;. c. Intends to injure himself or another per- son, provided that the individual does not intentionally injure himself or another person merely because his act or failure to act is intentional or done with his real- iiation that it creates a grave risk of causing injury if the act or omission caus- ing the injury is for the purpose of averting ,. bodily harm 10 himself or another person. ,2',',1[ that "insured" is injured while "occupying" .. a motor vehicle insured under a commercial molor vehicle insurance policy. D. . T~is. coverage shall not apply directly or indi- rectly to benefit any insurer or self-insurer under any of the following or similar law: 1.. Workers' compensation law;.or 2.. Disabilily benefits law. E. We do not provide Underinsured Motorists Cov- erage for punilive or exemplary damages. LIMIT OF LIABILITY A. Except as provided in paragraph B.. the limit of liability shown in the Schedule 0, in the Decla- rations for Underinsured Motorists Coverage is our maximum limit of liability for all damages resulling from anyone accident. This is the most we will pay regardless 01 the number of: 1, "Insureds"; '2. Claims made; 3.' Vehicles or premiums shown in the Schedule or in the Declarations; or 4, Vehicles involved in the accident. B.lf "bodily injury" is sustained in an accident by you or any "family member". our maximum limit of liability for all damages in any such accident . is . the sum of the limits of liability for Underinsured Motorists Coverage shown in the Schedule or in the Declarations applicable to each vehicle. Subject to this maximum limit of liability for all damages, the most we will pay lor "bodily injury" sustained by an "insured" other than you or any "family member" is the limit of liability shown in the Schedule or in the Decla- : rations applicable to the' vehicle the "insured" . was "o'ccupying" at Ihe time of the accident. This is the most we will pay regardless of the number . of: :1,' "Insureds"; Copyrighl;oInsurance Services Qffice, Inc:; 1994 PP 04 19 06 9S ,,, 2. Claims'made: ' 3. Vehicles or premiums shown in the Schedule 'or in the Declaraliohs;' or '. " . , .., 4, Vehicles' involved in the accident. . ., C. The IimH'6f liabilllY shall be reduced'bv all sums paid because of the "bodily injury" by'or on be- hair of persons or orgilnizalions who may be Ie" gaily responsible: This includes all sums paid for an "insured's" allorney either direclly or as part of the amount paid to the "insured". II also in- cludes all sums paid under Part A 01 this policy. D. No one will be entitled to receive duplicate pay. ments for the same elements of ioss under this coverage and Part A, Part B or Part C of this policy. C, We will not make a duplicate payment under this coverage for any element of loss for which pay. ment has been made by or on behalf of persons or organizations who may be legally responsible. F. We will not pay for any element of loss if a per- son is entitled to receive payment for the same element of loss under any of the following or similar law: 1, Workers' compensation law: or 2. Disability benefits law. OTHER INSURANCE If there is other applicable similar insurance avail- able under more than one poliCY or provision of coverage: The following priorities of recovery apply: First The Underinsured Motorists Coverage applicable to the vehicle Ihe "insured" was "occupying" at the time of the accident. Second The policy affording Underinsured Motorists Coverage 10 the "insured- as a named insured or family member. II two or more policies have equal priority, the insurer against whom the claim is first made shall process and pay Ihe claim as if wholly responsible for all insurers with equal priority. The insurer is thereaher entilled to recover contribution pro rata from any olher insurer for the benefits paid and the costs 01 processing the claim. PP 04 19 06 95' II we are the insurer against whom the claim is first made, Vie will pay, subject to the limit of liability shown in the Schedule or in the Declarations for Underinsured Motorists Coverage, aher we and all other contributing insurers agree: 1. Whether the "insured" is legally entitled to recover damages from the owner or operator 01 an 'underinsured motor vehicle"; and 2, As to the amount of damages. ARBITRATION A. If we and an "insured" do not agree: 1. Whether that "insured" is legally entilled to recover damages; or 2, As to Ihe amount of damages which are reo coverable by that "insured"; From the owner or operalor of an "underinsured motor vehicle" then the mailer may be arbi- traled. Either party may make a wrillen demand for ar- bitration. Arbitration shall be conducted in ac- cordance with the provisions of the Pennsylvania Uniform Arbitration Act. 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. B, Each party will: 1. Pay the expenses it incurs: and 2. Bear the expenses of the third arbitrator equally. C. Unless both parties agree otherwise. arbitration will take place in the county in which the "in- sured" lives. Local rules of law as to procedure and evidence will apply. A decision agreed to by two 01 the arbitrators will be binding. ADDITIONAL DUTIES A person seeking Underinsured Motorists Coverage must also promplly: 1. Send us copies of the legal papers if a suit is brought; and 2. Notify us in writing of a tentative selllement between the "insured' and the insurer 01 the "underinsured motor vehicle" and allow us 30 days to advance payment to that "insured" in an amount equal to the tentative settlement 10 preserve our rights against the insurer. owner or operator of such "underinsured motor vehicle". Copyright: lns'urance Services Qffice: Inc:; '1994 Page 3 of 4' PART F " GENERAL PROVISIONS Part F is amended as follows: A. Thc fallowing is added to thc Our Right To Re- covcr Payment provision; OUR RIGHT TO RECOVER PAYMENT Our rights do not apply under paragraph A. with respect to Underinsured Motorists Coverage if we: 1. Have been given prompt wrillen notice of a tentative sctllement between 'an "insured" and {he insurer of an "underinsured motor vehicle"; and 2. Failla advance payment to the "insured" in all amount equal to the tentative settlement within 30 days after receipt of notification. It we advance payment to the "insured" in an amount equal to the tentative settlement within 30 days after receipt of notification: 1. That paymenl witl be separate from any amount the "insured" is entitled to. recover under the provisions of Underinsured Motor. ists Coverage; and 2. We also have a right to recover the advanced payment. B. The following is added to the Two Or More Auto Policies provision: TWO OR MORE AUTO POLICIES 1. This proVISion does not apply to Underinsurcd Motorists Coverage. 2. No one will be entitled to receive dupticate payments for the same elements of loss Un- .der Underinsured Motorists Covcrage. This endorsement must be attached to the Changc Endorsement when issued after the policy is writlen. .', ., Page 4 of 4 Copyright. Insurance Services Qrrice, Inc.. 1994 PP 04 19 06 95 EXCLUSIONS c. Intends to injure himsclf or anothcr A. Wc do not provide Uninsured Motorists Cov- person. provided .that thc individual 'f ' does not intentionally injure himself or eragc .o,r "bodily injury" sustarned; anothcr person merely bccause his act 1. By you whilc "occupying". or.w~cn struck or failure to act is intcntional or done by, any motor vehicle you own which is with his realization that it creates a not insured for this coveragc undcr this gravc risk of causing injury if the act policy. This includes .a.lrailer of. any type . or omission causing the injury is for used with that vehicle. .. ,:" thc purpose of avcrting bodily harm to 2. Bya "family membcr"; .. .' -' .. . 'himself or another perso'n. a. Who owns an autoo while "occupying", 2.' If that "insured" is injured while "occupy- or when struck by;.anyrii6tor.vchiclc '. irig" a motor vehicle insured under a owned by you or any ~famiiy member" commercial molar. vehicle insurance pol- which is not insured for this coverage icy. 'undcr this policy. This' includes a ....D. This coverage shall not apply dircctly or indi- trailcr of any type used with that vehioo- . rectiI' to benefit any insurer. or self-insurer de. . . . .... . .... ......... -" ,. under any of the following or similar law: b. Who does not own,an autc), while "oc- 1. Workers' compensation law: or cupying", or when struck by. any motor 'vehicle you own which is. insured ror .' '2. Disability benefits law. this coverage on a primary basis under' E. We do not' provide Uninsured Motorists Cov- .any other policy.. . erage .ror pu'nitive or exemplary damages. . ,', B. We .do not provide Uninsured Motorists Cov- LIMIT OF LIABILITY erage for "bodily injury: sustained. by any , . A: Except as provided'in paragraph B., the limit "insured": . of liability shown in the Schedule or in the 1, If that "insured" or the"legal represen-'oo'; ",i Declarations for Uninsured Motorists Cover- tative settles the bodily injury claim with" age.. is our maximum limit of liability for all out our consent. However. this. exclusion ...... ,.',oo damages resulting from any' one accident. (B.1.) does not apply if such,settle'ment . .'_. . This. is the most we will pay regardless of the do~.s not adversely affectp~r ~igh!~;:,,':'.J '~::;. "',, ',",'u,:'r_~T.(:.Of: . . '. 2. While "occupying" '"your 'covered "auto". ''t.,; \." ';1.,:.rnsureds": when it is being. used'as a public or'livery'., ':";:"",2;!;~rai'ms made: conveyance.oo~hls e~.cIUSlon (B.~:) do.es~.ot. '.:. .' "oo" :-;:' ..... .' . apply to a share-the-expense ca.r pooL:.... ';ii ,,:~,.:,....;~, Y.~.l).lcl~s or. premiums s.hown rn the '. .; '.c" '.' ....... ,.... ..' .....,;oo ....~ ..,,:.... .Schedule or rn the'Declaratlons' or 3. Using a vehicle without a reasonable:be-.':'. ",,"'1\";"""'";'-;'''''''':<''' . ". .' lief that that "insured" is"imtitled to do so:.;:,:,,' ',<'>.,4. 'Vehlclesoo.rnvolved rn the accl.dent. ." . .-." .." . ,.... "C': We do not provide Unins~'ied Mot;)rists C6v:.:':',};~Eli;}f.~p~d,i,Iy'"ihj~r;Y~"iS, s.u~tained-in "an accide~t erage for .:noneconomic.:loss",sustained ;by:,',';:..i', ::;~:i,by,'y~~'..~~ ~n~..,.~a,mlly.member , our. maxl- any "insured" to'whom-thelimited,tort alter~,:,.....;:::...;';;;-~ml!.~,)!Tl1!'.!?.r-.h,a,bll.l!y for all damages rn any native applies, resulting from "bodily. injurY"' . . "'t ,5uS~',accide:nt !s the' sum of the limits of li- caused by. an accic,ent 'involving..:'an ..:);abll,l,Iy~'/?r.,:~nrnsured M?tonsts Coverage "uninsured motor vehicle". unless the :boqily .oo.. " ..... ..,s~o.~)l:.ln..t~e.~ch~dule. ~r In the Declarations injury" sustained is a'serious'injury":" . ". _J:;':EPpll~~.~.I,~.-.!~.",:,.ac~.:-:~~!Cle. Sublect to thiS .' .,' ..: ,cVrT}~xlmuITl:'(;'1!lt:Of liability for all damages, the ThiS exclUSion (C.) does, not ,apply:.. '., '. ",!,,; ';'~ino~t ,we'~i1.1.'-payfor "bodily injury" sustained 1. If the owner or operator of the "uninsured.' . '?~~'-.!l~,13.~f~'l),'!5~~~.~~~'C.of~.~f}ha~ you or any "family . motor vehicle": . . ' . ,. . .",' '..r;!,..~:~meml1e(!,:;ls;thC, Irmtt"qf Iiabiiily shown in the . .' . ... ..... "'" " ':z~;'.;'sgne~ufe.lcir)ih"ltie;D'eclara\ions applicable to a. Is conVicted. or accepls Accelerated,:.'.; .s.;;'O.th":iti'tl~1filt.1r;'ur'd"- .." ." . R.ehabilit~tive Dispositio'l,., f<;>r dri~ing ~ . '" 5.) \.hli~' tiii1~ofYt1e':!t~~id..e. t ';h~s ,. ~ChcUPYlng at under the- innuence' of alcohol or',"a,';'_ :>'<";:';' .,e .,_"".,,-;_"~. "^''''... en '., IS IS t e most we . . controlled.substance'in that acciden( '.'.;:' ..'PJr:r:~~n;P;Yir~i1~!I~~~~I~f;th,e.,number of:. . ,.~.' . ;"1'-:'-; .,.._..~,.."I~.....'1'''''''lrisiire's.:+?<:;~.~'nl~'';'':'I''I::.,. b. Is operating a mo'tdr1vehide registered~ ~!:..li::~*1.;-~..:..:{.~;~i'~...t'~~t~;~~.:..?.;..fi1!J.:';:".1:>.~ . : . :.' in 'anoiher'statet or;';.;"I" !1j:i~'1' ~l:'~: .. ".'::: 'f ~ n9.:biJ::~.~ -elaims'~Tna'6e~~.m~~j.~9(~.~r,~.fl.\." :.: ., . . \ '., '. .,.....'0{" .,'~ -, t~.r ~....,Jo; 'r \t.li!t'): - ..' (;J.;r'~..' . 'I' .,' , " , ,.',,' ',;,:",':, :'/'~~':'5o:'ii~':-.:'f/~ j." ':'~'~":"-:.":' :...:'.;. ;,t('_';bJ.:J~t.j","", '~t Q' a.e:l t;.q:., 'r,:j, , . . ;"1.' :;.::.';t:.....r~.~ ".' ,,'.::',~"',; .~~~:...':~,' ,,~ :~,,:,,~~'~1'-.';."'l"~~~n-"'of... . ~r:t';,~..'>- ,''';'!' " ..,i'~, .~~. i~'r. 'r,j.r:",i .1....';-:; t\~" '..:.!:-:.....j~~.. '~,' :,.\;~.~:}~':':......r~~..(~~1:f ~~ ....(;,./ r . t...~' ;,: ,~."\. '::":1 - : .,~ ....:.:;;:,,;:r ,; .~, ":,.;" i:',.;t,;~::~;;;\,~t;,t~i.~..i~' "", -~",.. ;"" . .-~\;.;"ti( >.. ;':.- . ';'-;;'t"!!.'t.~ ;,!.'::dj~ ~1::'~~~~1:'~ l'~:.....,. 'j~'.\",:~.,lr.L >J, -:-"~..t,..s ~..,,t).;~<li1't. ..t', '!<1 ..' ,. -, '" .r".... r';'''~'' 'I't....t.y..~.",. '<;. ." .'~' I, . ".'~_/")i;~i~~~\:-"':' ~'''Ii> .,' t~k';/'~:;:'-/:;;-:~'" .' '.' '.~:~':w.!i:l~,!~.. . _ ~ "e;~,-.I:...~~.,;<l".:r;;',.,";';':'~~"';':'";"':' ." ',.i,page.,~...of, 11 ~fI1_ ,~;,~~~~.:.?~,',2,3:oo06,95h ~~f;J.~~:. ''1~r~~)LS;:i;::\;''~''.'' ~!:;' 3, Vehicles or premiums shown in the Schedule or in the Declarations; or 4. Vehicles involved in the accident. C. No one will be entitled to receive duplicate payments for the same elements 'of loss un- der this coverage and: 1. Part A or Part B of this policy; or 2. 'Y Underinsured Motorists Coverage provided by this policy. D. We will not make a duplicate payment under this coverage for any element of loss for which payment has been made by or on be. half of persons or organizations who may be legally responsible, This includes all pay. ments made to an "insured's" attorney eilher directly or as part of the payment made to the "insured". E, 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 of the fol. lowing or similar law: 1. Workers' compensation law; or 2. Disability benefits law. OTHER INSURANCE If there is other applicable similar insurance available under more than one policy or pro. vision of coverage: The following priorilies of recovery apply: First The Uninsured Motorists Coverage applicable to the vehicle the "insured" was "occupying" at the time of the accident. Second The policy affording Uninsured Motorists Coverage to the "insured" as a named insured or family member. If two or more policies have equal priority, the insurer against whom the claim is first made shall process and pay the claim as if wholly re- sponsible for all insurers with equal priority. The insurer is thereafter entitled to recover contrib- ution pro rata from any other insurer for the benefits paid and the costs of processing the claim. If we are the insurer against whom the claim is first made, we will pay. subject to the limit of li- ability shown in the Schedule or in the Declara- tions for Uninsured Motorists Coverage, after we and all other contributing insurers agree: 'I 1. Whether the "insured" is legally entitled to recover damages from the owner or op- erator of an "uninsured molar vehicle"; and 2. As to the amount of damages. ARBITRATtON A. If we and an "insured" do not agree: 1. Whether that "insured" is legally entitled to recover damages; or 2. As to the amount of damages which are recoverable by that "insured"; From the owner or operator of an "uninsured motor vehicle" then the matter may be arbi- trated. Either party may make a written demand for arbilration. Arbitration shall be conducted in accordance with the provisions of the Pennsylvania Uniform Arbitration Act. Each party will select an arbilrator. The two arbilrators will select a third. If they cannot agree within 30 days. eilher may request that selection be made by a judge of a court hav- ing jurisdiction. B. Each party will: 1. Pay the expenses it incurs; and 2, Bear the expenses of the third arbitrator equally. C. Unless both parties agree otherwise. arbi- tration will take place in the county in which the "insured" lives. Local rules of law as to procedure and evidence will apply. A deci. sian agreed to by two of the arbitrators will be binding. II. PART F " GENERAL PROVISIONS The following is added to the Two Or More Auto Policies provision of Part F: TWO OR MORE AUTO POLICIES 1. This proVISion does not apply to Uninsured Motorists Coverage. 2. No one will be entitled to receive duplicate payments for the same elements of loss under Uninsured Motorists Coverage. This endorsement must be attached to the Change Endorsement when issued .after the policy is written, PP 04 23 06 95 Copyright, Insurance Services Qffice. Inc.. 1994 Page 3 of 3 PERSONAL AUTO PP 01 51 09 93 AMENDMENT OF P.OLlCY PROVISIONS - PENNSYLVANIA I. DEFINITIONS The Definitions section is amended as follows: A, Definition J. is replaced by the following: "Your covered auto" means: 1. Any vehicle shown in the Declarations. 2. Any of the following 'types of vehicies on the date you become the owner; . a~ A private passenger auto; or b. A pickup or van that: (i) Has a Gross Vehicle Weight not ex- ceeding 9,000 Ibs.; and (ii) Is not principally used in any "busi- ness" other than farming or ranch- ing. This provision (2.) applies only if: a. You acquire the vehicle during the pol. icy period;. b. You ask us to insure it within 30 days after you become the owner; and c. With respect to a pickup or van, no other insurance policy provides cover- age for that vehicle. : If the vehicle you' acquire replaces one shown in the Declarations, it will have the same coverage as the vehicle it replaced, You must ask us to insure a replacement vehicle within 30 days only if you wish to add or continue Coverage For Damage To Your Auto, If the vehicle you acquire is in addition to any shown in the Declarations, it will have the broadest coverage we now provide for any vehicle shown in the Declarations. 3. Any "trailer" you own, 4: Any auto or "trailer" you do not own while used as a temporary substitute for any . other vehicle described in this definition which is out of normal use because of its: a. Breakdown; d.loss; or b. Repair; e. Destruction. c. Servicing; This provision (4.) does notllpply to Cov- erage For Damage To Your Auto, B. The following is' added to the Definitions section: K. "Noneconomic loss" means pain and suf. fering and other nonmonetary detriment. L. "Serious injury" means an injury resulting in death, serious impairment of body function or permanent serious disfigurement. II. PART A .. LIABILITY COVERAGE Paragraph A, of the Insuring Agreement of Part A is replaced by the following; INSURING AGREEMENT We will pay damages for "bodily injury" or "property damage" for which any "insured" becomes legally responsible because of an auto accident. We will settle or defend, as we consider appropriate, any claim or suit asking for these damages, In addition to our limit of liabilitY. we will pay all defense costs we incur, Our duty to settle or defend ends when our limit of liability for this coverage has been exhausted. We have no duty to defend any suit or settle any claim for "bodily injury" or "property damage" not covered under this policy. III. PART E - DUTIES AFTER AN ACCIDENT' OR LOSS Part E is replaced by the following: DUTIES AFTER AN ACCIDENT OR LOSS If an accident or loss occurs, the following must be done for the terms of the policy to apply: A. We must be notified promptly of how, when and where the accident or loss happened. Notice should also include the names and addresse~ of any injured persons and of any witnesses. B, A person seeking any coverage must: 1. Cooperate with us in the investigation, settlement or defense of any claim or suit. 2. Promptly send us copies of any notices or legal papers received in connection with the accident or loss. 3. Submit, as often as we reasonably require: a. To physical exams by physicians we select. We will pay for these exams. b. To examination under oath and sub- scribe the same: 4. Authorize us to obtain: a. Medical reports; and b. Other pertinent records, 5. 'Submit a proof of loss when required by us. F:P 01 ,51 09 93 Copyright, Insurance Services Qffice, Inc" 1993 . . ., '. ' ., ' . Page 1 of 3 C. A person seeking Uninsured Motorists Cover. age must also: ' 1. Promptly notify the police if a hit-and. run driver is involved" 2. Promptly send us copies of the legal pa- pers if a suit is brought. D. A person seeking Coverage For Damage To Your Auto must also: 1. Take reasonable steps after loss to protect "your covered auto" or any ,"non"owned auto" and their equipment from further loss, We will pay reasonable expenses in- curred to do this. ' 2. Promptlynotify the police i("your covered auto" or any "non-owned auto" is stolen. 3. Permit us ,to inspect and, appraise the damaged property before its repair or dis. posal. IV. PART F - GENERAL PROVISIONS' Part F isamended8s follows:, A. The Termination provision is replaced by the following: TERMINATION Cancellation. This policy may be cancelled during the policy period as follows: ", 1. The named insured ,'sho\vn on the"'Decla- rations may cancel by:, ":'.,' a. Returning this policy to us; or ; b. Giving us adva'ncewriltenriotice 'of the date cancellation is to take effect. 2., We may cancel by 'mailing to the n'amed insured shown ,in the Declarations at the address shown ,in this 'policy::" a. At least 15 days noticeo{c~ni:ellation: (1) If notice is effective' within the, first 60 days this policy 'is in effect and this'is not a renewal or continuation policy; .., , (2) For nonpaymenf:of'p~emium; (3) If the driver's Ii~ense'of the named insurea shown iii the 'Declarations has been suspended or revoked after the effective date 'if this policy has been in effect less than one year; or if the.:policy 'Ii'as, been in effect longer than one year, since the last anniversary of the original' effective date; or b. At least 60 days notice if the policy was obtained through material misrepresen- tation. ' Our right to cancel this policy is subject to the , limitations" contained in the applicable Pennsylvania Statutes, Nonrenewal. If we decide not to renew or continue this policy, we will mail to the named insured shown in the Declarations at the ad- dress shown in this policy; 1. At least 15 days notice before the end of the policy period: a. Foi nonpayment oi premium; or b. If the driver's license of the named in- sured shown in the Declarations has been suspended' or revoked after the effective date if this policy has been in effect less than one year; or if the policy has been in effect longer than one year, since the last anniversary of the original effective date, 2. At least 60 days notice before the end of the policy period in all other cases. However, our right to nonrenew this policy is subject to the limitations contained in the ap- plicable Pennsylvania Statutes. Automatic Ter'mination. If we offer to re- new or continue and you or your represen- 'tative do not accept, this : policy will 'automatically, terminate at the end of the cur- rent policy period. Failure to pay the required renewal or continuation premium when due 'shal,l mean that' you have not accepted our ", offer: ' ' If you obtain other insurance on "your covered auto". any similar insurance provided by this policy will, terminate as .to that auto on the effective date of the other insurance. Other Termination Provisions. 1. We may deliver any notice instead of mailing it. Proof of mailing of any notice 'shall be sufficient proof of notice. 2. If this policy is cancelled, you may be en- .. .. ,titled to a pramium refund. If so, we will :\, ,send ,you the refund; The premium refund, ,if any, will be computed according to our manuals., However, making or offering to make the refund is not a condition of can- "cellatiori. 3. The effective date of cancellation stated in , ' , the, notice shall become the end of the :, policy period., .., " ",,, Page 2 of 3 Copyright, Insurance SeNices Office; Inc" 1993 PP 01 51 09 93 B.' The following provision is added; CONSTITUTIONALITY CLAUSE The premium for. and the coverages of. this policy have been established in reliance upon the provisions of the Pennsylvania Motor Ve. hicle Financial Responsibility Law. In the event a court. from which there is no appeal, declares or enters a judgment the effect of which is to render the provisions of such statute invalid or unenforceable in whole or in part, we will have the right to recompute the premium payable for the policy and void or amend the provisions of the policy, subject to the approval of the Insurance Commissioner, V. JOINT OWNERSHIP COVERAGE ENDORSEMENT If the Joint Ownership Coverage Endorsement is attached to this policy, the provisions of the Joint Ownership Coverage Endorsement apply except as follows: Paragraphs A. and B.2.b. of the Definitions sec. tion are replaced by the following: A. For the purpose of the coverage provided by this endorsement, "you" and "your" refer to two or more: 1. Individuals, other than husband and wife, residing in the same household; or 2. "Non-resident relatives"; who jointly own: 1. A private passenger auto; or 2. A pickup or van that: a. Has a Gross Vehicle Weight not ex. ceeding 9,000 Ibs,; and b. Is not principally used in any "busi- ness" other than farming or ranching.' B. "Your covered auto" means: 2. Any of the following types of vehicles on the date you become the owner: b. A pickup or van that: (1) Has a Gross Vehicle Weight not ex- ceeding 9,000 Ibs.; and (2) Is not principally used in any "busi- ness" other than farming or ranch- ing. VI.MISCELLANEOUS TYPE VEHICLE ENDORSEMENT If the Miscellaneous Type Vehicle Endorsement is attached to this policy, the provisions of the Miscellaneous Type Vehicle Endorsement apply except as follows: Paragraph B.2.b. of the Definitions section is re- placed by the following: B. "Your covered auto" means: 2. Any of the following types of vehicles on the date you become the owner: b. A pickup or van that: (1) Has a Gross Vehicle Weight not ex- ceeding 9,000 Ibs,; and (2) Is not principally used in any "busi- ness" other than farming or ranch- ing, This endorsement must be attached to the Change Endorsement when issued after the policy is written. '\'~ ~ ,,' \,;~. "j,.~;. . .".'" .,t ;'_:~/ - ." :'~::i~'j:::;~;;: .;" W~11::.;~Pp'O(51 119:93' , ' ::' ~~~;;~),..;.,.t::...~.:.....')": . ,.. '~~.. '1:-,.~~....~.".,.If.':\t.\ .j , . "s;:;...- :1t1~t':'f..;;'~~..:I.-:?':',(~~ -it',:.. ,,,,,..L,,,,,,:,;,.l'\O)...~~l...,),A:,.-~..,:.c;;: -'.. : .' . . . '", .... '. {,'''', ~' ." ,~:'~~"" .:.~ :'\"";". -'.' , :':, Copy.right;:lrisuranceServices Office, Inc" 1993 , "';,',!2><~;{~:r;>~r,, ",.,' - Page 3 of 3 POLICY NUMBER: PERSONAL AUTO PP 05 51 06 94 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, FIRST PARTY BENEFITS COVERAGE. PENNSYLVANIA With respect to coverage provided by this endorsement. the provisions of the policy apply unless modified by the endorsement. SCHEDULE BASIC FIRST PARTY BENEFIT Benefit Limit Of Liability Medical Expenses 55,000 If indicated below or in the Declarations, the following options apply instead of the Basic First Party Benefit: o Added First Party Benefits Benefits Medical Expenses Work Loss Limit Of Liability s 5== subject to a maximum of 5_ per month Funeral Expenses Accidental Death o Combination First Party Benefits Benefits Medical Expenses Work Loss Funeral Expenses Accidental Death Maximum Limit of Liability for the Total of All Combination First Party Benefits Note If Added First Party Benefits or Combination First Party Benefits are not shown as applicable in the SChedule or Declarations, only the Basic First Party Benefit applies, 5_ 5_ Limit Of Liability No specific dollar amount No specific dollar amount $2.500 $- 5_ I. DEFINITIONS - The Definitions section is amended as follows: A. "The Act" refers to the Pennsylvania Motor Vehicle Financial Responsibility Law. B. The following definitions are replaced: 1, "Bodily injury" means accidental bodily harm to a person and that person's result- ing illness, disease or death, 2, "Your covered auto" means a "motor vehi. cle": C, The following definition is added: "Motor vehicle" means a self. propelled vehi. cle operated or designed for use upon public roads, However, "motor vehicle" does not in- clude a vehicle operated: 1. By muscular power; or 2, On rails or tracks, D. "Insured" as used in this endorsement means: 1. You or any "family member",' 2, Any other person while: a, "Occupying" "your covered auto"; or b, Not "occupying" a "motor vehicle" if injured as a result of an accident in Pennsylvania involving "your covered auto", a, To which Part A of this policy applies and for whiCh a specific premium is charged; and b, For which First Party Benefits Coverage required by the Act is maintained, PP 05 51 06 94 Copyright. Insurance Services Qffice, Inc" 1993 Page 1 of 4 {,' f ~' ~', i~ ' , , ' t':f .) ~_\ I':,: "', ;.. I': l.'>' I " i:.", r;; I" ',;,',t ,:::,':::i -;..- 1/1::, ~';l'~', l.,~: (i _tii '')' <. I ..,~..~-r If "your covered auto" is parked and un. occupied it is not a "motor vehicle" in. valved in an accident unless it is parked in a manner which creates an unreasonable risk of injury. II. FIRST PARTY BENEFITS COVERAGE INSURING AGREEMENT A. BASIC FIRST PARTY BENEFIT We will pay, in accordance with the,Act, ihe Basic First Party Benefit to or for an "insured" who sustains "bodily injury", The,"bodily in. jury" must be caused by an' accident arising out of the maintenance or use of a "motor vehicle". " Subject to the limit shown in the Schedule or Declarations, the Basic First Party Benefit consists of: Medical expenses, Reasonable and necessary medical expenses incurred for an "insured's"; 1. Care; 2. Recovery; or 3. Rehabilitation. This includes remedial care and treatment rendered in accordance with a recognized re- ligious method of healing, Medical expenses will be paid if incurred within 18 months from the date of the acci. dent causing "bodily injury". However. if within 18 months from the date of the acci- dent. it can be determined with reasonable medical probability that additional expenses may be incurred after this period, the 18 month time limit will not apply to th~ payment of the additional medical expenses,',:" B. ADDED FIRST PARTY BENEFITS " If the SChedule or Declarations indicates that Added First Party Benefits apply, we will pay Added First Party Benefits instead of the Basic First Party Bene1it to or for af1 :'insured" who sustains "bodily injury". The....bodily injury" must be caused by an accident arising out of the maintenance or'use of a "motor vehicle". These benefits are subject to the provisions of the Act. Subject to the limits shown in the SChedule or Declarations, Added First Party Benefits consist of the following: 1. Medical expenses as described in the Basic First Party Benefit. " V' Work loss: t',"' ; a. Loss of income. Up to 80% at gross income actually lost by an "insured" as a result of the accident. b. Reasonable expenses actually incurred to reduce loss of income by hiring: (1), Special help, thereby enabling an "insured" to work; or (2) A substitute to perform the work a self.employed "insured" would have performed, However, work loss does not include; a. Loss of expected income or expenses incurred for services performed after the death of an "insured"; or . b, Any loss of income, or expenses in. curred for services performed, during the first 5 working days the "insured" did not work due to "bodily injury". 3, Funeral expenses, Funeral or burial ex- penses actually incurred if "bodily injury" causes an "insured's" death within 24 months from the date of the accident, 4. Accidental death. A death benefit paid if "bodily injury" causes the death of you or any "family member" within 24 months from the date of the accident. We will pay accidental death to the exec- utor or administrator of the deceased "in. sured's" estate, If there is no executor or administrator, the benefit shall be paid to: a. The deceased "insured's" surviving spouse; or b. If there is no surviving spouse, the de- 'ceased "insured's" surviving children; or c. If there is no surviving" spouse or 'chil- dren, to the deceased "insured's" es. tate, C. COMBINATION FIRST PARTY BENEFITS If the SChedule or Declarations indicates that Combination First Party Benefits apply, we will pay Combination First Party Benefits in. stead of the Basic First Party Benefit to or for an "insured" who sustains "bodily injury", The "bodily injury" must be caused by an accident arising out of the maintenance or use of a , "motor vehicle". These benefits are subject to the provisions of the Act. Copyright, Insurance Services Qffice, Inc" 1993 PP 05 51, 06 94 " ..... .~, '~'..I .. ~ ',."r": ",!'1.~> ;;:"''':A.:.:,,;.::.~;;,.;, ;',5,'~~" , .; , ' , " ",", , . "I ..I ... ,..... 'I' r;""~l:.~~1.1t""'''''', -tr "I ' . ,J, , " ,,' ,. i"1l'!"~~~"':l.,'~~' ~..,)~, .,,,. -,.' , ..:.. ~ .:; " " ~ ~l!tj ~~~..t.'::.,...;tt:rl';:''':~X'ltl''''.:(r..I. '; 1"",-" ." 1-. . I I~~ I No'fI.'$,' '(...ff. ~ ~) I'il!<l.... r , . ... . , :r', ;:, ~~ 'i' JI::t..t ~.' 11~~:""t':. ~~I ";,,,.,~:: ,h 'j '\:, ",,:' .' 'j '...., , 1 "I"~" WI'l'''t,.',ao'oL~..''\JW'''fo ,', ",'.,'.' ", ",',. . <\ \ lJ. t ~..:t; ;t' JI':'IJ: '.'~;;;":r~vr "lHt1>qt a.;.Jj A.J ' .' ..f". ',' ~ .(t.'. . ~ :r.\;e;;,;r. ..~.~ $\::r-W~1I'~' 't~;tt.;';.~~~l"f,~~""'~""" '. '.:!' j'I..; ~.,.tl~ .. , " iE' ~~~ ,.*1'.,. ~,~:,~~ 'f~~~~ ';~~f~.~1 'loL,f.l ~< f*f~1(',~8.:t~:~~~'~":~.,":,. ~;~:,lj; .ii~1!:;\:~~;'{'~",,\, .... , 'im~"I'.'_ "... ,<r~~'l' .'" . ,iYI..., ,,+, '., " '.~.." "1""" ,,', . :'j;d '~ . H( If,r.: ,:.~~'~' ,...1'.....' (~rl:!.~i.!r; M:!'7.l!i .\ ~,.' ,:.... ",'" C!"\I~'.-.It .,f" ir~"'~' ".... .,~', " "'\t~ .t~-.I.i~~1~ltt~~",V.1S1~~)~ ;,,;,~,r,~!~, ~:<l'f:"'J:~"'.n"~"'i,:",.?,"~~:'I'::", ) ~;' , ,J~' ,w.s\';j;' ft}1"'~'t...t~h7~<~'I,,\.~:;~'1'h"'{"[:!~~;"""" l;,r..'fItI':n" :_; B."We"Ja,.~t~ip'rovide"Flrsi Pa'!y' Benefits Cover. 1,1,' "1<. ');1." ~",eG,fI1~J e.I)Tllts;!! ownjlOl.th~fSc~eUue ,." "" ...........I~..".'.. ";;", ' '; . :1it~~,1,M'U'9i.!D.eclara!icins.',Ccjmlirnaiion 'First:r.jjity' Beri.!-~" L , " :: ag~, fO.~I;,b~!;!~,~,ml.~ry:;:,...' ,,' ", , :,' ~ l'l\!~?{~)i.~e'fLls;'c'iin'sist':;lof:ti1e'(0116\Vi1ig,~as:d~sciib~d~iri',.'., ': '1fs'ustaf~Fci;,b~"a \p'eflestfiaf.1 if~the ac7,dent ".,., f.J"~'\':",,.J!.::;'\~,t.he'iB'as'lc: First' Party/BeilE!fit 'arid"-AClded First,;; ",' " " :'6ccul'Sr61itside:"cif,'Pe'nnsylvania. ThiS ex. \~.~ ~~it,~~.J(....lff'''''' 'p~f'" oB' "'1' ~'., ~r t '''I' \"'l' , . .., h "" 1 ,., '. - ~, "( "t ')......, -~ t,. "'.' I.J't: ,,'c ';tJ.~":~"'( 11':\:' . ,attY' enefits:~l_ \..~ -,:"';.. '~.... ,.,.'. ,J -.-:~, .--','~"" ' " I. ~"'clusionl(B_1: uoes not app y, O. ,', t.'.:(:f~'~^~.r ':.~ r::~1.r!J'i'l '~;ll~l.I;\'j~o~i;r'~'\'\~'~VJ.'I;" .';:. \_, ,1<' ..../.:. 0"\; (,' j -.,,'.' ~':'-,,;. '....!:' 1..~' :.'~ ".::J."t'.'I(~'lo~~,i~1r.::...j.M:', :" i~ I,. ': , b1~..: ".') .""',l. -M d' 1')'- ~". . .. ' .~ ,.,. t', "V" r.l'\ .-~t.", 'I ., . t,~~,)f~l:l,,,./ )tt.. Il \-,.::. . ~" 1(;:~.j~~p.efl~e.~.j',,'1''';:' ~.,..-1t}l" f'.."'" -' J' ",' '. 'Jr. . .,/~ .' .,B:;!L qU".Q!~l'l\it:,l~",~~ '.J-;.'f,'.1,.( I." ~,'..' ~.. .~ i . t<";';,;' ..'....'~.....t21'.. ...."l,.,'.. I~\'';tO. .,~'. ,. I" . " . ) "1";"(.1" '",..'~.....:"~' ',,' ~ .' ': kt~,""'~...:,:.". ~,\l.,," . ",.Work,Jossrr~~ ;':t~)llp!.::'~;':;,~ :.~~' , 'l.,.:..~,. '. ',. .. ", . .: t.~ ~:J b;; Any,..';family.' member ..~:::~'I, .1 , t"... 'I;'"Ir.' t.~.!;l..( "',., _.1~' "~.,l.""'.-. ,~. . . " ~." _ . or.'. - ,.1...... ... ",~ .,". ~'l:-.~.'fo ,'0:7.''''3 ",~,. "'....r,l...'.?q.'<s)'~,'},~.,..~... '" ~,' ,I. " '\~l,,~.....,..,_\';,J...I..,',h ':". f" , I~','i',:::,~,~~.;.' .'Funeral'expeinses:':'/' ': ::1:;;, "..., .:. ': 2;-Caused'by;or:as'aconsequence 0: , $'~..~,,;:\!rt< ~1'";",,, ~""'''r'~~:\'''~')''h.~!'r~~'..nc,,''fJr;':,li:'.~ ,..~ ,.,. "'.. '.'-:"~ :/I.'Ht~-:~.~t:,;.."r.'..t.." . !f~?':::,,; 'c' ::,4. 'Acciden.\a,l,d~,a!~?,::,,~"'<:: ,', ."~"":",.' ...'.: ''::-;i:a.::.Di.s!;li.~~g!joJ.:~'~,~c~~~r,weapon (even ",.. .l(..;~ EXCLUSIONS",~.--j;:,~,t',~il'i,"'~~t~ ,.:,..,.~~";,..,, ~ ;;.' .~. ",.";,j7~,. If.accldental);0'J~.~,~(1~' .. .. ,.. . l.y' ',. ""'::'1" .~o~ .. .. ,.. ~. . ..,' -. .. f . 1 '-.' r- ~ ~ '. "., ' J....?~ . .., ."~' ''''J:.'';';ht't:J'~'''~'< ',. .', . ~ ~.::...' . '.'~~ d,':.,':~...l:,<l";)"d;' ...~.....tt' I d) I:;. ':;',: ;:' 'A. We dC? 'no(~~ciYId~:Fi;~t ,Party'S'enefits cciJer- ' , ,..,::,~/. yt~~( .:~I.a,~e: ,:or..~.nu~c a~e, : ' :". '.',.'. I.. 'ag f" .1i'''d'I~\''-''''''o''~,,''.~~;''''''"' ....db ,.. '. ". 'n .'.". ,n.'.....O. '1""'." 1.)0 \.: v.,jfJ",.n J. ~. :':,' '" e or" 0 I y:InJury/sus;alne ; 'I any, In: .,.,,; ,". c.';" 'WI 'Vf.'!.[;:<..>'. ,," '"."".' ,,,' , , I", ":" ': ' .. sured";':";;~:;:jZ~A~';~~2N;;:\~:,~~;:'..:', ,", ". ,"'~~{~:;:;i~;ti~e.ci16~Wci.~~:~~;;" ., , 1.'Whi1~ i~~~ri~\ii.;n.e)lX;l~~;Uj,i~~'h'~f Atempting .". " :'/'!"e;"}R~btJ\ig~;::o"(r~~diihion, ' , to cause,:".bodIIY,:.cnJU.ry",;.to..lms~lf or any , , ',"'i ,i't'....'r,::';~'i;>','i',.i.::".;;i':' . , other perso\i;~We?will:r1'9t;iiay.accidental " 3., FrC?m.,<lr. ~,~},cor1se9~;pce of the follOWing, death' on'belial.f:p(tljat~iiisured", ' '.' , ,wh.etlie~~~coNrol~:~;:,_,W uncontrolled or . . ~::", :.' r1"",'~':);Y~:I;f'i::t':':;':i:;~I;.,. I '.' . however ccJUsed>-."-.,,.... I,:. 2. While commlttln,g aJelony.'~: ij, . ""'\0- '''':'"j';'''':-\t,'!", '.';"T~:, ". ,. '.:~ ..,....."..",:"",,',.':,.,,'...., , , , a..:Nuclear,reactlon;',;..., 3. While seeking ';to"elude,: lawful: apprehen. "'.','.""',: 'i '" ,,\;:,~*:'/,.:!'::' sian or arrest by:a~la;;;hinforcementofficial. ' b;,-,,'\~,~!~t\9.2;;,9!:~:..,i'\"?;, .' " 4., While;,.;air1.t~i~'iri~~~;~t~i~~'i,,~~t6'r;~~hi. ." ';IC:;:,Rli.~!?~~~i~,~"iiOntainination:- ,,' .. :;-,: cle" knowiiigIY;;lcO:niii;rted:by"t~~t. "in. LIMIT,ciF: LIABiliTY:" '::!o , " '.', sured~'. .ThisA~,7J~s,i~[i\:<~.~.)dci~s ,not A. The<li~'itt;;tli~l{ilifn;;o;""n!inthe Schedule apply to, ,':,',:,';>,c,..,:" ", , or Declaratioiisfiir';lhir'.firsl party benefits that ' ,a. You; or .ii;;:Sh;1\,:,\),~;i\;>:, i', , apply are't~~;ii;p5i:~(~iII.pay to or for. each b, Any "familymiimbei":,:",-; '.' '''lnsured'(",as',tljll~:r~,su.l!:of a~w one acc,dent. : ',:"":,:,:",:,,,?;;", .',:.' , . .. regardless'of,the:nu'ri1ber, of: 5."WhO, at thetime';of.:thei:. accide.n, t. is; ;, ",' C,i,. ' ',,' 'd"""" i"::',;!";,)',' . '.,'.'.:,:- . " ".........,,~:'....;,.... - j, 1 alms ma e.,..... . ",'" , ", a. The owner o(cirie'~or',linoie registered . .;" :;,..::"~::o;'_.i :.,.... "motor vehicle's",: nciriei.'of whiCh have', 2.V~~lcte~:o!;I~~~m~\I~,S_,~~ownln the Decla. . ff h' f'- .to.,~,. 'I '",', . . 'b' '1' rations".,. d..I~_.:.#,_.. l_,.,,,~~,,. In e ectt e In,anCla ,responsl Ilty reo :, ..,,_ ir:' :~"';;'''''' ,:,:" " quired by theA'ct;:'6r ::. ':.~. ..: i ',' 3:' Vehicles iri'v'oived inthe accident; or b. "OccuPYin~;;j~:';~c;~6;;~~hicle"ow~ed 4. In;u;e;;pVgJidj;;~:ji;~t,~~rty benefits. by that :;i~~uFiicg,f.?rwtiJ~.Ii'the fin~ncial B. If> c6irifiigglio~~f~j~ti:p~rty Ben~fits are af. ,~esponslblhty.re.g,u,~r,~d9Y!h~..Actls not forded '<we"wilP?iiiak{'available at least the In effect:, ,:. ~::',;':i"t:,.:,\:;:; i " , ' 'miriin"~m ':limit; required' by the Act for the 6, Maintaining 'or using', a "motor vehicle" Basic First,p'arty Benefit. This provision (B.) while located, for uS~,a,s ,'a 'residence or' will noi ch.ang~,o~r maximum limit of liability, premises. .,,;: '. ~,'.,:::" C. A~y amo~(itsp~yable, ul}der this cpverage 7. While "occupyin~:'}'.. 'of:' ': . shall be 'exc.ess'over any amounts: a. Recreational' 'vehicle: designed for use, 1. Paid;..,. .'" ..",:' off public roa..ds;,of' " 2. paY~bie;oi;: ". ,'''' b. Motorcycle;' moped or similar.type ve- 3. 'Required ,!6be p;~vided; hlcle, '" .' ,'. , .' ' ,. " .. ' , ',".. .. to.an "insure9~:-: under' any workers' campen. sation law or similar law. . ." . . f': ~~<.~ ".'" ". Il'; .',: o ,.' ,. . , . . PP 05,51:0694,:, 'Copyright, Insurance Servic,es,Qff.ice;ln~:,J9,9~ ',~ Page 3 0(4 " .' '..' , ",I , " "EXCLUSIONS c. Intends to injure himsclf or anolher , A;:Wc do hot providc, Uninsured 'Motorists Cov- persono providcd that thc individual , " ,crage for 'bodily injury' sustained; ~~~~h~~tp~rt:~~i~:;~~~~~~:~:~~fa~; 1. By you whilc 'occupying', or whcn struck ..' or failure to act is intentional or donc by, any motor vchiclc yo~ own which is with his realization that It creatcs a nol. insur~d for this covcr.age under thl~".:.' grave risk of causing Injury If the act policy. .ThiS includcs,atrallcr oLanYJype.:,::.:..:",. ,.. or omission causing the injury is for used withthat v~hicle.;'! ;';-':<","~p',;:..~:fL::/:'~"" ':'", '.;":~'''':' the purpose of avcrtlng bodily harm 10 2. Bya"famlly r;,'embiir~:-: ,-,--"':',~,::'~"\'::r:::;~"",.. himself or another pcrson, a. WhO own~,'ari'aul~; Wh(le'~;~~u~jrng'/:'~:'''', ":..2~':,r that 'insured' is injured while 'occupy- 'or when"struck:by."'8iiy;;i;ci'lor;,vehlcle' ..,.\ :,::'.'.'Ing' a motor vchiclc insured under a 'owned ,liyyou p,r:~ijY/f~iliiJYYri1fr(JD~i:.~':,:~:':~_:',..";ommercial molar vehicle insurance pol. which IS not insured:for. this~'coverage" .', ::;-- -'.. ' ICY. 'under this:'poi'icF:fT!li~,i6:~I,~(j.e.~~:)i :;"~:":..D-.- Thl~ 'coverage shall not apply directly or indi- traller,0!.~n~Jy'p'~:~,~~~~j}lJ,~1;;Xjh~-:~:~>'_:,:,;reCIlY 10 benefit any i~surer or. self-insurer cle. , , "...',:":::"..,:';:.<':l':~.~;,k,;:::..".,.( under any of the follOWing or Similar law: , _ .;;. ......._.It.-,..._;.-'..,j~,.I,.:t':!J.,.~~~,~..~',.. ,'.,.... b. Who ,dO;S no!owrr~!)}~!?~'~m)e.;fp,c:;::-;:;;,:1., Workers' compensation law; or " ' cupymg . or~~e,n~st~Y~l<:PY:~~e!,Y~Jp}JtQr.\,\~',-- :.;/-.,',','" ., ' vehicle. you' o~,n: .y"hicl)~l~(irj~~i!O(<< .:<~:, .}:,D.,sabli,ty beneOls law, this coverage,on'a,p'rim:ary:6ai;is':under~'."..,~:, 'o'E.'We do not provide Uninsured Motorists Cov. , , any other poiicy. ,.- ",;~' ':;.:'iRi'oi~t1)}~f;:'.T,"::" ',;:or erage for punitive or exemplary damages. " ~, .' ;~":( tI~I~"'<"!:~~~~1~\t',o1'''' ',"l~l .' ~. B., We do not ~rovid~Y~!!,~~:,~~,.~~~OIj?\~l~~~{;,,~:~::~.~I~,I,T O~,LIABILlTY , erage for ,bodl!y, ml~ry" s~.s!aIR~llllb' " 'O!Jo ' ;,'M.Except'as provided in paragraph B the limit "insured'" . , I J ., ".1' -. ~(;:t~"i I~to(,r ~ .l.,': '.~ ~..., ., . . ~ ,~.~:f;:.;\'~::~~~;:.~~lt : _,t ":;:'<::of,:,~iabi1ity shown in the Schedule' or in the 1. If that 'insured' or,:the~:lega'"U'e'p'resen,?, ^,':,i!m~'\!If'Oeclaralions for Uninsured Motorists Cover- tative settles th~:b?~~yJ~il!~~'W~YJJ.ffiZ.f.i'/'~iji:\'\,:{ag~.; !s:'o~r. max!mum IImil of liability f?r all out our consent Howevet:Gtfils ~Slon~" 'damages' resulting from anyone 'aCCident. (B.1.) does not ,app!y,:Jti~~$ '" 'lllni' "'~. ~b.!~:,is}he most we will pay regardless of the does not advefs.~ly,~arr~,'tN? r ' "'!'P'ilD,9f:,,," 2. While ~oc~iipiihg;~'dditil *-,;i\;s6-r~ds'; , :when it is being. H~!l'df~.~a~_ 2.Ytl~iin~made; conveyance,';rD's,:.e~,~,'!,S~p''Ji~ l,f.,';''';', ',' . ' , apply to a share:lhe'e~pens ..~e~J,cles qr" premiums shown In the , : ",':;...:::~";11)!lI. ,tl)edule qr,in the Declarations; or 3. USing a vehlc.l~.:):V'th~ut~~~r '.'~~~~!.iJ,l:;'~;: .... . lief that that "ins'ured?rs"Em~,~IC;l:S mvolved In the aCCIdent. C. We do not prov,cie,linNi~py~~:tA il4iWZ~iij~r,Y,~.'s s,ustained in ,an accide~t erage, for 'nonec6!,0~t;i~?~_~~ .~ii9.r;:;;?~,;::~amIIY member. our, maxl- any "insured",to wh~J!1~ttie:~jli:l_ 1f1}1);\?,fd!,~,b.lllty}or all dama~es rn any native applies. re~u,1,lI,ngJ)'mm~ ' ~Jf;~nt !sthe sum of the '!mlts of 11- caused by, an..ac9\9.~9!i}-!i' <Wl9.[.L~mnsured M?torrsts Cove~age "uninsured motor vehicle;",u~le" .t~!:';.,~,c,~edule or rn the Declarations ,injury' sustained:is'a:~s~rloVs;.:tl?$~,a9,h~vehicle, Subject to this , ' ,','..:. ''i:!,,~!lqRi 1m It a.! liability for all damages the This exclus!on, {c;:)r.l?e,~:~~~~~~~ .IZ~~y,.for:bodIlY Injury' sustained 1. If the owner or ope!.~t%~J,t ~"'I~J~~~,than you or any 'family motor,vehlclf:,:l;~'~ii.r,:j,L ~.:;ll,~I~'~~ Iiab,ility shown in the a, Is convicted:: orfa~1:.~p :1&~.Qe9Iarallons applicable to , Rehabilitative,.DispOsJ.' ',:,W,~Ured" was 'occupying" at 'under ihEi'lnifJe'n:CEl:{;,o '~c.,~I,~enl. This is the most we 'controlled sutis'tiince'IL !!~?!~he, number of: , "",:~.",(: ~~'"'.J'!0)~'.'f !1':"1.5U..S:':, b. Is operating a mo. tor,veh! #0":;;:' ", ,- ..' )"'~r;.:{. .~' c' . :. in another- state; or';:"'}~.4 '{t.:~~.." , .~(I ~~;, .' .. ~~.r"jt~r '~'l~: ~. .., ;-:id~r;r: :f~~~. .' t. '" . CopY,rJ :'fPp '04 '23 0695 }'\~ll~t. ,:~I:T. I.' ,Page 2 0(3', ....,.'. ,'., . i~~~i~~~:~:L':~L:i .',: ':. 3. Vehicles or premiums shown in the Schedule or in the Declarations; or 4, Vehicles involved in the accident. C, No one will be entitled to receive duplicate payments for the same elements of loss un. der this coverage and; 1, Part A or Part B of this policy; or 2. Any Underinsured Motorists Coverage provided by this policy. D, We will not make a duplicate payment undcr this coverage for any element of loss for which payment has been made by or on be. half of persons or organizations who may be legally responsible. This includes all pay. ments made to an "insured's" attorney either direclly or as part of the payment made to the "insured", E. We will not pay for any element of loss if a person is entilled to receive payment for the same element of loss undcr any of the fol. lowing or similar law: 1. Workers' compensation law; or 2. Disability benefits law, OTHER INSURANCE If there is other applicable similar insurance available under more than one policy or pro- vision of coverage: The following priorities of recovery apply: First The Uninsured Motorists Coverage applicable to the vehicle the "insured" was "occupying" at the time of the accident. , Second The policy affording Uninsured Motorists Coverage to the "insured" as a named insured or family member. If two or more policies have equal priorily, the insurer against whom the claim is Orst'made shall process and pay the claim as if wholly re- sponsible for all insurers with equal priority. The insurer is thereafter entilled to recover contrib. ution pro rata from any other insurer for the benefits paid and the costs of processing the claim, ' , If we are the insurer against whom the ciaim is Orst made, we will pay, subject to the limit of li- ability shown in the Schedule or in the Declara- tions for Uninsured Motorists Coverage, after we and all other contributing insurers agree: 1. Whether the "insurcd" is legally entitled to recover damages from the owner or op. erator 01 an "uninsured motor vehicle"; and 2. As to the amount of damages, ARBITRATION A. If we and an "insured" do not agree: 1. Whether that "insured" is legally entitled to recover damages; or 2. As to the amount of damages which are recoverable by that "insured"; From the owner or operator of an "uninsured molar vehicle" then the matler may be arbi. trated, Either party may make a writlen demand for arbitration, Arbitration shall be conducted in accordance with the provisions of the Pennsylvania Uniform Arbitration Act. Each party witl 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 hav. ing jurisdiction, B. Each party will: 1. Pay the expenses it incurs; and 2. Bear the expenses of the third arbitrator equally. C. Unless both parties agree otherwise, arbi. tration will take place in the county in which the "insured" lives, Local rules of law as to procedure and evidence will apply. A deci- sion agreed to by two of the arbitrators will be binding. ' It. PART F .. GENERAL PROVISIONS The following is added to the Two Or More Auto Policies provision of Part F: TWO OR MORE AUTO POLICIES 1, This provIsion does not apply to Uninsured Motorists Coverage. 2. No one will be entitled to receive duplicate payments for the same elements of loss under Uninsured Motorists Coverage, . This endorsement must be attached to the, Ch~nge Endorsement when issued after the policy is written, :'f;:.... . :;i;:~~;:;.PP 04 23 06 95 ~J&Q.~~:~~':..):: ',~...'., '.:. :,' . ~"'"':::''.'l''~;'''''''''-''''''' '-'. . - Copyright, Insurance Services Qmce, Inc.. 1994 Page 3 of 3 , 5. John W. Kuhns purportedly crossed the center line of the roadway on Walnut Bottom Road in Shippensburg Township, Cumberland County, Pennsylvania and struck a vehicle being operated by Gunnar Hood, 6. As a result of the collision, both men were unfortunately killed, 7. Helga Good, individually, Anne M, Cox, Administratrix of the Estate of Gunnar Hood, deceased, in their own capacity and as assignees of CNA Insurance Company filed a complaint against Sheila I. Kuhns, in her capacity as Administratrix of the Estate of John W. Kuhns, Penn National's insured, This action was commenced at docket number 1998-1333, Civil Term, in the Court of Common Pleas of Cumberland County. A copy of the complaint is attached as Exhibit "8." 8. State Farm insured the employer-owned vehicle being operated by John W. Kuhns. State Farm tendered its $300,000 liability limits to the Estate of Gunnar Hood. 9, The defense of the claims against the Estate of John W, Kuhns was tendered to Penn National as Mr. Kuhns' personal automobile insurance carrier. 10. By letters dated January 28, 1997 and April 21, 1998, Penn National denied that it had an obligation to defend and/or indemnify the Estate of John W, Kuhns as a result of the October 9, 1996 accident. Copies of the January 28, 1997 and April 21, 1998 letters are attached hereto as Exhibit "C." 11, On or about July 17, 1998, Sheila I. Kuhns (hereinafter "Assignor") assigned her rights, interest and choses in action under the Kuhns' Penn National personal automobile insurance policy to Helga Hood and Anne M, Cox (hereinafter "Assignees"). A copy of the Assignment and/or Subrogation Agreement is attached hereto as Exhibit 110,/1 2 17. It is not disputed that John W. Kuhns did not own the 1994 Suburban. In facto that vehicle was owned by his employer, Jesse Jones, tld/b/a J&J Carbide, a sole !I proprietorship, See a copy of Jesse Jones' deposition transcript attached hereto as ;' Exhibit "G" at p. 24, the original of which has been filed with the Court. ,. , i,1 18. The 1994 Suburban was furnished or available for John W. Kuhns' regular use. Jesse Jones depo, tr, at pp. 14-26, 32-35, Kuhns during the fall and winter months of inclement weather and when he had to 19, In particular, the 1994 Suburban was furnished or available to John W. Kuhns whenever his "usual" work vehicle was under repair, Jesse Jones depo. tr. at p, 19-20, 20. The 1994 Suburban was furnished or available to and in fact used by John W. deliver oversized or a large quantity of tools to his customers. Jesse Jones depo. tr. at p. 14-22. 21, While Mr, Jones, John W. Kuhns' employer, was admittedly the typical user of the 1994 Suburban, Mr, Jones testified that John W. Kuhns and another salesman often used the Suburban more than he did during any given year. Jesse Jones depo. tr. at p, 21. 22. Based upon these facts and this testimony, the 1994 Suburban was, as a matter of law, furnished or available to John W. Kuhns, and thus excluded from coverage under the Kuhns' personal automobile insurance policy issued by Penn National. 23, As such, Defendant, Penn National Insurance Company, is entitled to summary judgment on the Plaintiff's breach of contract claim, 4 -~.__._~.. .....-.., ^,-: -",,-"-,--",~,"~"~-~""'''''''''''''''''~'''' . .. Exhibit A ,.-...... 100 0330891 ***FRAME M12** ~n._ RENEWAL OF POLICY 100 0330891 Nmor.AJ....~:!::::!..C~.::J.'f PERSONAL AUTO POLICY - PREFERRED ATTACH THIS CHANGE TO YOUR POLICY ~ * * * * * * EFFECTIVE 07/20/96 REASON FOR AMENDMENT CHANGE VEHICLE AND LOSS PAYE~ POLICY HlJIIElR ' _ '" ~ IS I'ACMDED .. THE /ltGE.HC1 P , . 1000330891 ,07/20/96' 01/20/97 ,PA NATIONAL MUTUAL CAS INS CO 111024 00 IWoIa) Ifo:lSUIED IN:) _sa KUHNS JOHN l~ RD#6 BOX 233 DANVILLE PA 17821 AGENT COLEMAN INSURANCE AGENCY POBOX 279 BEAVERTOWN PA 178130 '.' . VEHICLES COVERED UNIT Si TER YR MAKE-DESCRIPTION SERIAL NUMBER AGE SYM CLASS LIMIT CHG DATE 001 PA 074 S5 WILLYS TRUCK '5734815049 6 00 837121 07/20/96 003 PA 074 95 MERC SABLE GS 1MELM50UXSA635045 2 05 851121 07/20/96 INSURANCE IS PROVIDEO WHERE A PREMIUM IS' SHOWN FOR THE COVERAGE REFER TO ENCLOSED FORM 70-2738 FOR INFORMATION CONCr:RNING ';OVERAGE FOR DAMAGE TO RENTAL VEHICLES. COVERAGE: LIMITS OF LIABILITY , ",'1'1'1/1' III tl.lkj':''*,hlllili1ii"LIi':ITEb ,T.O,R.~tuOPl','.I:'I~N,.!APPLIES ," ,~I,I;'i ' 1I1f ,iW I! f rFllhliJ a.., i'l~f'~!\,'",,"j;'h:l(~k ", COf13INED BODILY ,INJURY AND ,<: ',i" ,y, , PROP.".J..ERi.~o'Y, "i ',DAMA, G" E'iL'IA,B.I,LITY $35 ,000 EAC~ ACCID::NT '" ,. I~I i.llrIUHi!:1 UNINSURED MOTORIST'" COVERAGE 80DIL Y INJURY,;,::, " : .~')B~jgq~I.E~;.r" PREMIU~lS 1 3 7i .00 158.00 U:~IT UNDERINSURED MOTORIST COVERAGE"", 80DIL Y INJURY $ 35fOOO EACH ACCIDENT STACK NG APPLIES 'l I 'i 17.00 17.00 $ 35fOOO EACH ACCIDENT STACK NG APPLIES COLLISION $500 DEDUCTIBLE FIRST PARTY BENEFITS MEDICAL EXPENSE BENEFIT WORK LOSS BENEFIT , . - . ',:')~~':~> 14.00 . ,1.4. L.OO 57.00 159.00 29.00 41.00 UP TO 510,000 INCL INCL UP TO $15 000 "SOOJECTTO A MAxfMUM ~: OF $1 ;000 PER MONTH INCL INCL , ; 'TOTAL BY UNIT 131.00 446.00 TOTAL TERM PREMIUM $577.00 OTHER TK~N COLLISION $50 DEDUCTIBLE " . . ...... . INCLUDED IN THE TOTAL PREMIUM CHARGE IS A SURCHARGE ,OR ADDITIONAL AMOUNT C~ARGED AS A RESULT OF ACCIDENT INVOLVEMENT $63.00 . . , 100 0330891 ~:**FRAME N12*,', ~ RENEWAL Of POLICY 100 0330891 N~...rJI~,/c:!'t PERSONAL AUTO P<iLlCY - PREFERReD ATTACH THIS CHANGE TO YOUR POLICY * * ,., * * * * EFFECTIVE 07/20/96 REASON FOR AME~DMENT CHANGE VEHICLE AND LOSS PAYEE POIJCY NUtlb.... - '" , I, COVERAGE IS PROYllla> IN THE AGEHCY p THIS POLICY DOES NOT PROVIDE FIRST PARTY 8ENEFITS COVERAGE FOR: ' FUNERAL EXPENSE BENEFIT ACCIDENTAL DEATH BENEFIT EXTRAORDINARY MEDICAL EXPENSE COVERAGE DUAL PASSIVE RESTRAI~7 CREDIT APPLIED UNIT 3 A 57. CREqIT.~PPLIEi SlNCE YOU HAVE AN ACTIVE HOMEOWNERS POLICY WITH OUR COMPANY DRIVER 10 DRIVER NAME LICENSE NUMBER BIRTH DATE 01 JOHN W KUHNS 15389265 02/09/52 02 SHEILA I KUHNS 15398715 10/10/50 03 PHILLIP KUHNS 24880345 10/20/78 APPLICABLE FORMS FORM /I DATE UNIT 70-26370790 ALL PPQ4()S0188 ALL ACORDSOO183 ,., ALL 70-27380890 ALL PPQ4190695 001 PPQ42...'0695 * 003 100 0330891 07/20/96 01/20/97 NAIoIED :NSUllm ANIJ ACORESS KUHNS JOHN W RDII6 BOX 233 DANVILLE ,0.1\ , I, ' , 17821 FORM II DATE 7J-619 / 70-448 12/89 7G-i0861085 70-1512 PFQ551 0694 PFD4190695 UNIT ALL ALL ALL ALL 001 * 003 LOSS PAYEE FOR UNIT #003 DAUPHIN DEPOSIT BANK PO BOX 4800 HARRISBURG PA , PA NATIONAL MLiTUAL CAS INS CO AGEHT COLEMAN INSUfiANCE AGENCY ,0 0 BOX 279 BEA'vERTOWN PA 111024 .0 178130 .~,-....... FORM ,II DATE PPOOO10694 IL0910 01 /81 7G-2659079Q 7G-2669079O 70-26690790 PFQ551 0694 UNIT ALL ALL ALL 001 *003 *003 FORM /I D.I\TE PFQ1510993 7G-1672 ?P0338079Q PFQ4230695 PP03D50886 UNIT ALL ALL ALL 001 * 003 17111 , ANTI FRAUD NOTICE ANY PERS~~ WHO KNOWINGLY AND WITH ,INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION ,FOR INSURANCE OR STATEMENT OF CLAIM C~~AINING ANY MATERIALLY FALSE INFO~TION OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERN!NG ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME AND SUBJECTS SUCH PERSG~ TO CRIMINAL AND CIVIL PENALTIES. '" 8 POL!CY PERIOD 12:01 AM STANDARD TIME - (g .. , .~... ......... 07/15/96 PROCESS DATE , I, "i PENN NATIONAL INSURANCE ""~I"..".t.M.."""t.Ile.I.IIj"I.H!'j\Uc;.o"""., '0 lIu1U.....'~I""t ",r,o, IMPORT ANT NOTICE TO PENNSYLVANIA POLICYHOLDERS COVERAGE FOR RENTAL VEHICLES THIS DOCUMENT DOES NOT PROVIDE COVERAGE. AND IT DOES NOT REPLACE ANY PROVISIONS IN YOUR POLICY, READ YOUR POLICY AND THE "DECLARATIONS PAGE" FOR COMPLETE COVERAGE INFORMATION, IF ANYTHING IN THIS DOCUMENT CONFLICTS WITH YOUR POLICY, THE PROVISIONS OF THE POLICY PREVAIL. IF YOUR POLICY DOES NOT PROVIDE COLLISION COVERAGE. YOU DO NOT HAVE COVERAGE FOR DAMAGE TO A RENTAL VEHICLE. MOST RENTAL CAR COMPANIES OFFER "COLLISION DAMAGE WAIVER" INSURANCE WHEN YOU RENT A CAR, MANY INSUREDS ARE UNSURE IF THEY SHOULD PURCHASE THE COVERAGE FROM THE RENTAL CAR COMPANY OR IF DAMAGE TO THEIR RENTAL CAR WOULD BE COVERED UNDER THE COLLISION PORTION OF THEIR AUTO INSURANCE POLICY, COLLISION MEANS THE UPSET,OF YOUR COVERED AUTO OR ITS IMPACT WITH ANOTHER VEHICLE OR OBJECT, IT DOES NOT INCLUDE FALLING OBJECTS. FIRE. THEFT. WINDSTORM. V,l>,NDALlSM HAIL. WATER OR FLOOD. OUR POLICYHOLDERS NORM ALL Y RENT CARS UNDER TWO CIRCUMSTANCES - T,iEY ,'I,RE ON V ACA TION OR, THEY RENT A CAR AS A TEMPORARY SUBSTITUTE WHILE THEIR CAR IS OUT OF SERVICE, THE CIRCUMSTANCES UNDER WHICH YOU RENT A CAR AFFECTS THE COVERAGE PROVIDED BY YOUR POLICY. IF YOU RENT A CAR WHILE YOU ARE ON VACATION. IF YOUR POLICY PROVIDES COLLISION INSURANCE ON AT LEAST ONE CAR. AS LONG AS THAT COVERAGE REMAINS IN EFFECT. YOUR POLICY WOULD PROVIDE COLLISION INSURANCE EQUAL TO THE BROADEST COLLISION INSURANCE PROVIDED ON A CAR ON YOUR POLICY, FOR EXAMPLE. IF YOU HAVE THREE CARS COVERED FOR COLLISION INSURANCE, TWO WITH 5250 DEDUCTIBLE AND ONE WITH A 5200 DEDUCTIBLE, THE 5200 DEDUCTIBLE WOULD APPLY TOWARD THE RENTAL CAR. IF YOU RENT A CAR WHILE YOU CAR IS OUT OF SERVICE. IF YOUR POLICY PROVIDES COLLISION COVERAGE ON THE VEHICLE WHICH IS OUT OF SERVICE DUE TO ITS BREAKDOWN. REPAIR. SERVICING. LOSS OR DESTRUCTION. YOUR POLICY WOULD PROVIDE COLLISION COVERAGE ON A RENTAL VEHICLE. IF YOUR POLICY DOES NOT PROVIDE COLLISION COVERAGE ON THE CAR THAT IS OUT OF SERVICE, YOUR POLICY WOULD NOT PROVIDE COVERAGE FOR THE RENTAL CAR. PLEASE CONTACT YOUR AGENT IF YOU NEED TO RENT A CAR UNDER CIRCUMSTANCES OTHER THAN THOSE OUTLINED ABOVE OR. IF YOU HAVE ANY QUESTIONS. ' Form 70-273B (Ed, 08/901 ~:'.;.;.:,;:'::;::~:~'::::'~ or I', " ...". PENN NATIONAL tWi. INSURANCE "'~"I"V1"t NI'UtI ""'hill C&l~.", 1~,..._Ct_~, '0 1k':lIt.t'at~lhrt,'.I.1I10t IMPORTANT NOTICE ThO laws of tho Commonwealth of Pennsylvania give you the right to choose either of the following tort options; A "Limited Tort' Option -- The laws of the Commonwealth of Pennsylvania give you the right to choose a form of insurance that limits your right and the right of members of your household to seek financial compensation for injuries caused by other drivers, Under this form of insurance. you and other household members covered under this policy may seek recovery for all medical and other out-of-pocket expenses. but not for ~ain and suffering or other nonmonetary damages unless the injuries suffered fall within the definition of 'serious injury" as set forth in the policy. or unless one of several other exceptions noted in the policy applies. B. "Full Tort" Option-- The laws of the Commonwealth of Pennsylvania also give you the right to choose a form of insurance under which you maintain an unrestricted right for you and the members of your household to seek financial compensation for injuries caused by other drivers. Under this form of Insurance. you and other household members covered under this policy may seek recovery for all medical and other out-of-nocket expenses and may also seek financial compensation for pain and suffering and other nonmonetary damages as a result of injuries caused byothsr drivers. ' If you wish to change the tort option that currently applies to your policy, you must notify your agent. broker or company and request the appropriate form. Form 70-2659 lEd. 07/90) ~, ,.. PENN NATIONAL t... INSURANCE ... ,U~;.~ j1.....o~tl Ulilijlll C:UWIlIy 1"1~".ce Col""",-, .'0 aun...tlI'"lbijl;'.tllO~ PENNSYLVANIA MOTOR VEHICLE FINANCIAL RESPONSIBILITY LAW OPTION SELECTION SHEET Indicate the coverages you want on your policy in the blocks below, sign in the space provided and give this form to your agent TORT OPTION MEDICAL EXPENSE BENEFITS INCOME 0 up to $5.000/maximum benefits per month $1,000 LOSS 0 up to $15,000/maxlmum benofits per month $1.000 BENEFITS 0 I reject Income Loss Benefits Coverage FUNERAL EXPENSES 0 $ 1 ,500 0 $2,500 ACCIDENTAL DEATH BENEFITS o Full Tort o S5,000 o $10.000 o Limited Tort o $25,000 0 $50.000 0 $100,000 o up to $25,000/maximum benefits per month $1.500 o up to $50,000/maximum benelits per month $2,500 o I reject Funeral Expense Benefits Coverage LIABILITY LIMITS o $5.000 Total Benefits o $ 50,000 o $100.000 o $177,500 o $277.500 Single Limits (Bodily Injury and Proper,ty Damage) o $ 35.000 o $ 50,000 o $ 75.000 o $100,000 o $200,000 o $300.000 o 5500,000 UNINSURED MOTORIST COVERAGE Single limits Bodily Injury Split Limits Bodily Injury o $ 35,000 0 $ 15,DOD/$ 30.000 o $ 50,000 0 $ 20.0001$ 40,000 o $ 75.0DO 0 $ 25.0001$ 50.000 o $100,000 0 $ 5D.0001$100,ODD o $20D.000 0 $100.0001$200.000 o $300.0DO 0 $ 1 00,DOOI$3DO,DOO o $50D.000 0 $250.0001$500,000 o $lD.OOO o $25,000 0 I reject Accidental Death Benelits Coverage Funeral Accidental Expense Benefits Death Benefits $2,500 $10.000 $2.500 $10,000 $2,500 $25.000 $2,500 525,000 COMBINATION FIRST PARTY BENEFITS Split Limits If you want to reject coverage or stacking contact your agent for the appropriate form. Bodily Injury o $ 15.000/$ 30,000 o $ 20,0001$ 40.000 o s 25,0001$ 50,000 o $ 50.0001$100,000 o $100.0001$200,000 o $100.000/$300,000 o $250.000/$500.000 UNDERINSURED MOTORIST COVERAGE Single limits Bodily Injury Split Limits Bodily Injury o $ 35,000 0 $ 15,00D/5 30,DDO o $ 50.000 0 $ 20.0001$ 40.000 o $ 75,000 0 $ 25,DOOI$ 50.000 o $100.000 0 $ 50.0001$100,000 o $200,000 0 S100.DOO/S200.000 o $300,000 0 $ 100.0001$300,DOO o $500,000 0 $250.0001$500.000 If you want to reject coverage or stacking contact your agent for the appropriate form. Property Damage LJ $ 5.000 11 $ 10.0DO o $ 20,000 o $ 25.000 o $ 50.000 o $100.000 Single Limit (Medical and Rehabilitation) EXTRAORDINARY 0 $100.0DD 0 $ 500.000 0 I reject Extraordinary Medical Benefits Coverage MEDICAL BENEFITS 0 $300.000 0 $1.000,000 YOUR SIGNATURE ACKNOWLEDGES THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THE IMPORTANT NOTICES FOUND ON THE REVERSE SIDE HEREOF, NAMED INSIJRED IPlease Print! 1 TELEPHONE NUMBER POLICY NUMBER EFFECTIVE DATE INSURED SIGNATURE DATE SIGNED SPOUSE'S SIGNATURE DATE SIGNED Form 7 D - 1 5 1 2 IRev, 07/90) . IMPORTANT NOTICE Insurance companies operating In the Commonwealth of Pennsylvania are required by law to make available for purchase the following benefits for you, your spouse or other relatives or minors In your custody or In the custody of your relatlveso residing In your household, occupants of your motor vehicle or persons struck by your motor vehicle; (1) Medloal benefits, up to at least $100,000 11,1) Extraordinary medical benefits from $100,000 to $10100,000 which may be offered In Increments of $100,000. (2) Income loss benefits, up to at least $2,500 per month up to a maximum benefit of at least $50,000. (3) Accidental death benefits, up to at least $25,000. (4) Funeral benefits, $2,500. (5) As an alternative to paragraphs (1), (2), (3), and (4), a combination benefit, up to at least $111,500 of benefits In the aggregate or benefits payable up to three years from the date of the accident, whichever occurs first, subject to a limit on accidental death benefit of up to $25,000 and a limit on funeral benefit of $2,500, provided that nothing contained In this subsection shall be construed to limit, reduce, modify or change the provisions of section 1115(d) (relating to the availability of adequate limits). (6) Unlnsuredo underlnsure~ and bodily Injury liability coverage up to at least $100,000 because of Injury to one person In anyone accident and up to at least $3000000 because of Injury to two or more persons in anyone accident or, at the option of the insurer, up to at least $300,000 In a single Iimi~ for these coverages, exoept for pOlicies Insured under the Assigned Risk Plan. Also at least $5,000 for damage to property of others in anyone accident. Additionally, Insurers may offer higher benefit levels than those enumerated above as well as additional benefits. However, an Insured may elect to purchase lower benefit levels than those enumerated above. Your signature on this notice or your payment of any renewal premium evidences your aotual knowledge and understanding of the availability of these benefits and limits as well as the benefits and limits you have seleoted. If you have any questions or you do not understand all of the various options available to you, contact your agent or company. If you do not understand any of the provisions oontalned in this notioe, contaot your agent or company before you sign. IMPORTANT NOTICE OF OPTIONAL DISCOUNTS If your car has passive seat belts or an airbag. or you are 55 and have completed a motor vehicle driver improvement oourse, you may be eligible to lower your premium. Contact your agent if you believe you are eligible for any of these credits. Form 70-1512 (Rev, 07/90) POLICY NUMBER PERSONAL AUTO pp 04 19 06 9S THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNDERINSURED MOTORISTS COVERAGE - PENNSYLVANIA (STACKED) With respect to the covera!)e provided 1)1' this endorsernenl. the provisions ollhe policy apply unless rnodllred by Ihe endorsement. SCHEDULE UNDER INSURED MOTORISTS COVERAGE Limit of Liability $ $ $ Description of ' Vehicle INSURtNG AGREEMENT A, We will pay compensatory damages which an "insured" is legally enlllled to recover from the owner or operator of an "underinsured motor vehicle" because of "bodily injury': 1. Sustained by an "insured"; and 2, Caused by an aCCident. The owner's or operalor's liability for these damages must (lrlSr. out of the ownership. main- tenance or use of the "undennsured motor vehi- cle", We will pay under this coverage only if 1, or 2, , below applies: ' 1, The limits of liability under any applicable bodity injury liability bonds or policies have been exhausted by payment of judgments or settlemenls; or 2, A tentative selllement has been made be- tween an "insured" and the insurer of the "underinsured molor vehicle" and we: a, Have been given prompt written nolice of such lentalive setllement; and b. Advance payment to the 'insured" in an amount equal to the tentalive setllement within 30 days alter receipt of notification, No judgmenl for damages arising out of a suil broughl against Ihe owner or operator of an "underinsured motor vehicle" is binding on us unless we: 1. Received reasonable notice of the pendency ollhe SUit resullln!) in Ihe judgment. and Premium $ $ $ 2. Had a reasonable opnol1unity to protect our Interests in the SUIt. B. "Insured" as used in this endorsement means: 1, You or any "family member", 2.' Any other person "occupying" "your covered auto", - , , . .' 3. Any person for damages that pers'on is enti. tIed to recover because of "bodily inJury", to which this coverage applies sustained by a person described in 1, or 2. above:' C. "Underinsured motor vehicle" means a land mo- tor vehicle or trailer oJ any type 10 which a bodily injury liability bond or policy applies at the time of the accident but the anlounl paid for "bodily injury"uilder that bond or policy 10 an "insured" is not e'nough to pay the full amount the "in- sured' is legally entitled to recover as damages, However, "underinsured motor vehicle" does nol include any vehicle or equipment: 1, For which liability coverage is provided under Part A of this policy, 2. Owned by any governmental unit or agency, 3, Operated on rails or crawler treads, 4. Designed mainly for use off public roads while not on public roads, S. While located for use as a residence or premises. PP 04 19 06 95 Copyri!)ht. Insurance Services Qffice, Inc.. 1994 Page 1 01 4 EXCLUSIONS A. We do not provide Underrnsured Molorrsls Cov. eragc for "bodily inlury" suslained: 1. By you while "occupying", or when struck by, any molar vchicle you own which is not in. sured for this coverage undcr this policy, This includes a trailcr of any Iype used with thai vehicle, 2. By a "family member": a. Who owns an auto: whilc "occupying-, or whcn struck by, any molar vchicle owncd by you or any "family membcr" which is not insurcd for this coverage undcr this policy, This includes a trailer :of any type used wilh that vehicle, b, Who does not own'an aula, while "occu- pying", or when struck by, any motor ve- hicle you own which is Insured for Ihis coverage on a primary basis under any olher POliCY, B. We do not provide Underinsured Motorists Cov. erage for "bodily injury" sustained by any "in- sured": 1. While "occupying" "your covered auto' when it is being used as a public or livery conveyance. This exclusion (B,1.) does not apply to a share.the.expense eM pool. 2. Using a vehicle wilhout a reasonable beliel that that 'insured" is enlitled 10 do so, C. We do not provide Underinsured Molorisls Cov- erage for "noneconomic loss" sustained by any "insured" to whom the limited tort alternalive applies, resulling from "bodily injury" caused by an accidenl involving an "underinsured motor vehicle", unless the "bodiiy injury" sustained is a "serious injury", This exclusion (C.) does not apply: 1, If the owner or opera lor of the "underinsured molar vehicle": a, Is convicled, or accepts Accelerated Rehabililative Disposition, for driving Un- der the influence of alcohol or a controlled substance in that accidenl; b, Is operating a motor vehicle registered in another stale; or Page2014 c. Intends 10 inlure himself or another per" son, provided Ihat the individual does not intenlionally injure himself or anolhcr person mercly because his act or failure 10 acl is inlentional or done with his real- ization Ihat it creales a grave risk of causing inJUry if the act or omission caus- ing the injury is for the purpose of averting bodily harm 10 himself or anolher person, 2, If that "insured" is injured while 'occupying" a motor vchicle insurcd under a commcrcial molar vehicle insurance polley, 0, This coverage shall nol apply directly or indi. rectly 10 benclit any insurer or self.insurer under any of Ihe lollowing or similar law: 1, Workers' compensation law; or 2, Disability ben"fit:: 10'0'1, E, We do not proVide Undcrinsured Molorrsls Cov- erage for punitIve or exemplary damages. LIMIT OF LIABILITY A. Except as provided in paragraph S., Ihe limit or Iiabilily shown in Ihe Schedule or in the Decla- rations for Underrnsured Motorists Coverage is our maximum limit of liability for all damages resulting lrom anyone accident. This is the mas I we will pay rcgardless of the number of: 1. "Insureds"; 2. Claims made; 3. Vehicles or premIUms shown in Ihe Schedule or in the Declarations; or 4, Vehicles involved in the accident. B. II "bodily injury" is sustained in an accidenl by you or any "ramily member-, our maximum limit of liability for all damages in any such accident is the sum of Ihe limits of liability for Underinsured Motorists Coverage shown in the Schedule or in the Declarations applicable to each vehicle, Subject to this maximum limit of liability for all damages, the most we will pay for 'bodily injury- sustained by an "insured" olher than you or any "family member" is the limil of liability shown in the Schedule or in the Decla- rations applicable 10 the vehicle the -insured" was "occupying" at the time 01 the accident. This is the most we will pay regardlcss or the number of: 1,-lnsurcds': Copyrighl. Insurancc Services gllice, Inc.. 1DD~ PP 04 19 06 95 2, Clnlms made: 3. Vehicles or prcmlUITlS sllown 111 Ihe Sctwdule or in the Decimations, or ' 4. Vchlcles involved in the nccident C. The limit' 6f tiabillly stwll be reduced by nil sums pnid been use of the "bodily inlury" by or on be- half of persons or orgnn,zntions whO may be Ie. gnlly responsible, This includes all sums paid for an "insured's" attorney either dlfcclly or as par1 of the amount pnld to the "rnsured", It nlso rn. cludes all sums paid under Part A 01 thiS poliCY. D. No onc will be cntlllcd to rccclve dupllcnte pay. mcnts for the same elcments of loss under thiS coverage and Pnrt A, Part B or Part C of this POliCY, c. We WIll not make a duplIcate payment under this coverage' for any elenwnl of los~ for whIch Pc1Y4 menl has lh~t.:n nwde by or on b~tJalf of persons or or~FHlizalion5 who may be legtllly responsible. F, Vlc will nol pay for "ny clemenl of loss il a per- son is entitled to rCCCl'lC payment for the S<1mc clement of loss under any of Ihe following or similar laIN: 1. Workers' compensnllon 1,,'.'1, or 2, Disability benelrls law, OTHER INSURANCE If there is other applicClblc" simllClr insurance avail- able under more ItlJn onc polICY or prOVIsion of coverage: The follOWing prionlles 01 recovcry apply' First The Undcrinsured Molomts Coverage appllcablc to the vehicle the "insured~ \.'/as "OccuPYing" at the time of the accident. Seconci The policy allordlng Undennsured MotOrists Coverage \0 the "Jnsured~ as a named insured or family member. If two or more pol1cies have equal priorily. the insurer against whom lhe claim is first made shtlll process and pay nlC claim as if wholly-responsible for all insurers witll equal prloril', Tile insurer is Ihereaftcr enlltled to reco'Jer conirlbullOn pro rnta Irom any 01l1cr Insurer for Ille benelits paid nnd Ihe costs of procesSing tile ct",m II wc are the insurer againsl whom IhC claim is rifst made, wc Will pay, subject to Ihc limit of liability shown rn tile Schcdulc or In thc Declaratrons for Undcrinsurcd Molorists Coverngc. after we and all olher contrlbuUng insurers agree, 1, Wllether the "insured" is legally cnUlled to recover damages from tile owner or operator of an "undcrinsured motor vchlcle': and 2, As to tile amount of damnges, ARBITRATION A, If we and an 'insured' do not awee: 1, Wlwlhcr Illat "rnsured" is legally entltl',d to recover damages: or 2, As to Ihc amounl of damagcs wllich are rc. covernble by tllat 'insured": From the owner or opcrrllor 01 an "undcnnsurf:{l motor vehicle" then Ihe m;l!!or may I,e arbi- trated, Ertller party may make a "rlllen demand for ar- bllration, Arbitration shall bc conducted in ac. cordance with the pro'lIslons of the Pcnnsyl'Janla Uniform Arbrtration Act. Each party Will sclect an arbitrator The two arbitrators will select a third, If they cannot agree within 30 days, either may requesl lhat selection be madc by a judge or a court haVing jurisdiction. B. Each party will: 1. Pay the expcnses il incurs: and 2. Bear the expcnses 01 the third arbitrator equally C. Unless both parties agree otherwise, arbitration will take place in the county in which the "in- sured" li'Jes, Local rules of law as to procedure and e'Jidence will apply, A decision agreed to by two of the arbitralors Will be binding, ADDITIONAL DUTIES A person seeking Underinsured Molorists CO'Jcrage must also promptly: 1, Send us copies or the legal papers il a suit is brought: and 2, Notify us in writing of a tentall'ie setllement between the "insured' and the insurer of the "underinsured motor vehiclc" and allow us 30 dnys to advance pnyment to that "insured" in an amount equnl 10 the tentatl'Je settlement to preser/e our rights against the insurer, owner or operator of such Hunderinsured motor vehicle". PP 04 19 06 95 COPYrl91lt. Insurance Services Qllrcc, Inc.. 1994 Page 3 of 4 POLICY NUMBER PERSONAL AUTO PP 04 23 06 95 UNINSURED MOTORISTS COVERAGE - PENNSYLVANIA (STACKED) I. Part C . Uninsurcd Motorists Covcrage is rcplaccd by thc following: Description of Vchicle SCHEDULE UNINSURED MOTORISTS COVERAGE Limit of Liability $ $--- $ Premium $ $ $ INSURING AGREEMENT A. We will pay CClmpensatory damages which an "insured" is legally entitled to recover lrom the owner or operator of an "uninsured motor vehicle" because of "bodily injury"; 1, Sustained by an "insured"; and 2. Caused by an accident. The owner's or operator's liability for these damages must arise out 01 the ownership, maintenance or use 01 the "uninsured motor vehicle", No judgment for damagcs arising out of a suit brought against the owner or operator 01 an "uninsured motor vehicle" is binding on us unless we: 1. Received reasonable notice 01 the pendency of the suil resulting in the judg" ment; and 2, Had a reasonable opportunily to protect au r interests in the suit. B, "Insured" as used in this endorsement means: - 1. You or any "Iamily member", 2, Any other person "occupying" "your cov- ered auto". ' 3, Any person lor damages that person is entitled to recover because 01 "bodily in- jury" to which this coverage applies sus- tained by a person described in 1.or 2. above, C, "Uninsured motor vehicle" means a land mo- tor vehicle or trailer 01 any type: 1. To which no bodily injury liability bond or policy applies at thc time of the accident. 2. Which is a hit-and.run vehiclc whose op- er<llor or owner cannot be idcntilied ilnd which hits or wilich causes an accident resulting in -bodily injury" without hitting: a, You or any "Iamily member"; b. A vehicle which you or any "Iamily member" are "occupying'; or c. "Your covered auto", II there is no contact with the hit.and-run vehicle. the facts 01 the accident must be proved, 3. To which a bodily injury liability bond or policy applies at the time of the accident but the bonding or insuring company: a. Denies coverage; or b. Is or becomes: (1) Insolvent; or (2) Involved in insolvency proceedings, However, "uninsured motor vehicle" does not include any vehicle or equipment: 1. Owned by or furnished lor the regular use of you or any "family member", 2. Owned or operated by a sell.insurer under any applicable motor vehicle law, except a self.insurer which is or becomes insol- vent. 3. Owned by any governmental unit or agency, 4, Operated on rails or crawler treads, 5. Designed mainly lor use 011 public roads while not on public roads. 6, While located for use as a residence or premises, PP 04 23 06 95 Copyright. Insurance Services Qlfice, Inc" 1994 Page 1 of 3 EXCLUSIONS A. Wc do not providc Uninsurcd Motorists Cov- C"I[IC for -bodily injury" sustalllcd 1, By you whllc "occuPYing", or whcn struck by, any motor vchiclc you own which is not insurcd for this covcragc undcr this policy, This includcs a trailcr of any typc used wilh Ihat vchiclc, 2, By a "family mcmbcr": a, Who owns an aula, whilc "occupying". or whcn struck by. any molar vchiclc owncd by you or any "family mcmber" which is not insurcd for this covcragc undcr this policy. ThiS includcs a trailer of any typc used with that vchi. cle, ," , ' b, Who does not own an aula. while "oc. cupying", or when struck by, any motor vehicle you own which is insurcd for this coverage on a primary basis under any other policy, B. We do nol provide Uninsurcd Motorisls Cov. erage for "bodily injury" sustaincd by any "insured": 1, If that "insured" or thc legal reprcscn- tative settles the bodily injUry claim with- but our conscnt. Howcver, this cxclusion (B.1.) does not apply if such scttlement does not adverscly alfect our rights, 2. White "occupying" "your covered auto" when It is being used as a public or livery conveyance. This exclusion (B.2.) does not apply to a share-the-expense car pool. 3, Using a vehicle without a reasonable be- lief thai that "insured" is entilled 10 do so, C. We do not provide Uninsured Motorists Cov. erage for "noneconomic loss" sustained by any "insured" to whom the limited ton aller- native applies. resulting from "bodily injury" caused by an accidcnt involving an 'uninsured molar vehicle", unless Ihe "bodily injury" sustained is a "serious injury", This exclusion (C.) does not apply: 1, If the owner or operator of the "uninsured motor vehicle": a, Is convicted, or accepts Accclcrated Rehabilitalive Disposition. for driving under the influence of alcohol or a controlled substance in that accidcnt; b. Is operating a motor vehicle registered in another slate; or c, Inlcnds to injurc himsclf or anothcr pcrson, providcd that thc individual docs not intcntionally injure himself or anothcr pcrson mcrcly bccausc his act or failurc to act is intentional or done with his realization that it creates a grave risk of causing injury if 'he act or omission causing the injury is for the purposc of avenrng bodily harm to himself or another pcrson. 2. If Ihat "insured" is injured while "occupy. ing" a molor vehicle insured under a commercial molar vehiclc insurancc pol. icy. D. This coverage shall not apply dircclly or indi- reclly to benefit, any insurcr or self.insurer undcr any of thc following or similar law: 1. Workers' comppnl";,tion law: or 2. Disability benefits law, E. We do no' proville Uninsured Molorists Cov. erage for pumhv" or exemplary d"rnages, LIMIT OF L1ABILlH A. Except as provided in paragraph B,o thc limit of liability shown in the Schedule or in the Declarations for Uninsured Motorists Cover- age is our maximum limit of liability for all damages resulting from "ny one accident. This is the most we will pay regardless of the number of: 1. "Insureds"; 2, Claims made: 3. Vehicles or premiums shown in the Schedule or in the'Declarations: or 4. Vehicles involved in the accident. B. If "bodily injury" is sustained in an accident by you or any "family member", our maxi- mum limit .of liabilily for all damages in any such accident is the sum of the limits of li- ability for Uninsured Motorists Coverage shown in the Schedule or in the Declarations applicable to each vehicle. Subject to this maximum limit of liability for all damages, the mosl we will pay for "bodily injury" sustaincd by an "insured' other than you or any "family member" is the limit of liability shown in the Schedule or in' the Declarations applicable to the vehicle' the "insured" was "occupying" a' the lime of the accidenl. This IS the most we will pay regardless of the number of: 1. "Insureds"; 2. Claims made; Page 2 of 3 Copyright. Insurance Services Qlfice, Inc.. 1994 PP 04 23 06 95 3. Vehicles or premiums shown in the Schedule or in the Declaralions; or 4, Vehicles involved In the accident. C, No one will be enlilled 10 receive duplicale payments lor the same elemenls of loss un. der Ihis coverage and: 1. Part A or Part B 01 thiS policy; or 2. Any Underinsured Motorists Coverage provided by this policy, D, We will not make a duplicale paymenl under Ihis coverage lor any elemenl 01 loss lor which payment has been m:Jde by or on be. half of persons or organizations who may be legally responsible. This includes all pay. ments made to an "insured's" allorney either direclly or as part of Ihe paymenl made 10 the "insured", 10, We will not pay lor any elemenl 01 loss il a person is entitled 10 receive payment lor the same element of loss under any 01 the 101. lowing or similar law: 1. Workers' compensation law; or 2. Disabilily benefits law, OTHER tNSURANCE If there is other applicable similar insurance available under more than one policy or pro- vision of coverage: The following priorities 01 recovery apply: First The Uninsured MOlorists Coverage applicable to the vehicle the "insured" was "occupying" at the time of the accident. Second The policy alfording Uninsured Motorists Coverage to the "insured" as a named insured or family member. If two or more policies have equal priority, the insurer against whom the claim is flrsl made shall process and pay the claim as if wholly re- sponsible for all insurers with equal priority, The insurer is thereafter enlilled to recover contrib- ution pro rata from any olher insurer lor the benefits paid and the costs 01 processing the claim, If we are the insurer against whom the claim is first made, we will pay, subject to Ihe limit of Ii. abilily shown in the Schedule or in Ihe Declara. tions for Uninsured Molorisls Coverage, after we and all other conlributing insurers agree: 1. Whelher Ihe "insured" is legally enlilled to recover d,lmages 'rom the owner or op. erator of an "uninsured motor vehicte"; ;md 2. As to the amount of damages, ARBITRATION A. If we and an "insured" do not agree: 1, Whelher thai "insured" is legally enlitled to recover damages; or 2. As to the amount of damages which are recoverable by that "insured"; From the owner or operator of an "uninsured motor vehicle" ttlCn the mailer may be arbi. trated. Either party may make a wrillen demand for arbitralion, Arbitration shall be conducted in accordance with the provisions of the Pennsylvania Lll111urm A,bitration Act, Each party will select an arbitrator, The two arbitrators will select a third, If they cannot agree within 30 days, either may request that seleclion be made by a judge 01 a court hav. ing jurisdiclion, B. Each party will: 1. Pay Ihe expenses it incurs; and 2. Bear the expenses 01 the third arbitrator equally, C, Unless bolh parties agree otherwise, arbi- Iration will take place in the county in which the "insured" lives, Local rules of law as to procedure and evidence will apply, A deci. sian agreed to by two of the arbitrators will be binding, II. PART F" GENERAL PROVISIONS The following is added to the Two Or More Aula Policies provision of Part F: TWO OR MORE AUTO POLlCtES 1. This provision does not apply to Uninsured Molorists Coverage, 2, No one will be entitled to receive duplicate payments for the same elemenls of loss under Uninsured Motorists Coverage, This endorsement must be atlached to the Change Endorsement when issued after the policy is written, PP 04 23 06 95 Copyright. Insurance Services Qffice, Inc.. 1994 Page 3 of 3 PERSONAL AUTO POLICY AGREEMENT In return for payment of the premium and subJect to all the terms of thiS polic'l, we agree wHh you as follows: DEFINITIONS A. Throughout thiS polic,!, "'IOU" and "your" refer to: 1. The "named insured" shown in the Declara- tions; anc 2, The spouse if a resident of the same house- hold, B. "We", "us" and "our" refer to the Company pro" viding this insurance, C, For purposes of this, policy. a private passenger type auto shall be deemed to be owned by a person if leased: 1. Under a written agreement to that person; and 2, For a continuous period of at least 6 months, Other words and phrases are defined, They are in quotation marks when used. D. "Bodily injury" means bodily harm, sickness or disease, including geath that results, E. "Business" inclu"des trade, profession or occupe- tion, F, "Family member" means a person related to you by blood, marriage or adoption who is a resident of your household. This includes a ward or foster child, G. "Occupying" means in, upon, getting in, on, out or off, H. "Property damage" means physical injury to, de. struction of or loss of use of tangible property, I. '''Trailer'' means a vehicle designed to be pulled by a: 1. Private passenger auto; or 2, Pickup or van, It also means e iarm wagon or ferm implement while towed by a vehicle listed in 1, or 2. above, J. "Vour covered auto" means: 1. Any vehicle shown in the Declarations. 2. Any of the following types of vehicles on the date you become the owner: a. A private passenger auto; or b, A pickup or van that: (1) Has a Gross 1j,)llIcle Weloht of less than 10,000 lbs,; ano - (2) Is not used for the delivery or transpor. tation of goods "nd materials unless such use is: (a) Incidental to your "busineso" of in. stalling, maintaining or repairing furnishings or equipment; or (b) For farming or ranching, This provision (J.2.) applies only if: a, You acguire the 'Iehicle during the policy period; b. You ask us to insure it within 30 days after you become the owner; and c, With respect to a pickup or van, no other insurance policy provides coverage for that vehicle, Ii the vehicle you acquire replaces one shown in the Declarations. it will have the same cov- erage as the vehicle it replaced, 'I au must ask us to insure a replacement vehicle within 30 deys only if you wish to add or continue Coverage for Damage to Your Auto, If the vehicle you acquire is in addition to any shown in the Oeclaretions, it will have the broadest coverage we now provide for any vehicle shown in the Declarations. 3, Any "trailer" you own. 4, Any auto or "trailer" you do not own while used as a temporery substitute for any other vehicle described in this definition which is out of normal use because of its: a. Breakdown; d. Loss; or b, Repair; e. Destruction. c. Servicing; This provision (J .4.) does not apply to Cov- erage for Damage to Your Auto, PP 00 01 06 94 Copyright. Insurance Services Qffice, Inc.. 1994 Page 1 of 11 -_......-.......~---.. PART A - LIABILITY COVERAGE 2. ~ny person using "your covered auto". 3, cor "your covered auto", any person or or. ;;aniz~tion but only with respect to legal reo snonslblllty for acts or omissions of a person for whom coverage is afforded under this Part. 4. cor any auto or "trailer", other than' 'your :.overed auto", any other person or organiza- :,o~ but only with respect to legal responsi- :lIlty for acts or omissions of you or any :family member" for whom coverage is; af. - rorded under this Part, This provision (8.4.) " applies only ii the person or organization does , " not own or hire the auto or "trailer".' ',,;':,;i,';~,".',. "," SUPPLEMENTARY PAYMENTS ""':y':,,,:y:):,::;: a. Selling; ',(,w,');'", n',.:'!' . b_ Repairing; In adC;tion to our limit of liability. we wHl.pay,on;';~+'{" c. Servicing; ::e:-:alf cf an "insured": ,:,.,.(';~;:::Z;g, :i~;:,';\, , vehicles desi.c,e:: for u,e meinly on public 1. Up to s250 for the cost of bail bonds iiicjuIred,:;V';\<;.'.', ' hIghways. Th" ir.c;udes roed testing and de- :ecause of an ,accident, includfng~"ieliiied~r::;j;;;,.., "livery. This e,,~~us;(.n (A,6.) does not apply to traffic law violations, The accident musfresuitii,\("t?' the ownersh;~, rr.",nter,ance or use of "your :.n "bodily inj~ry" ~r "propeny~.9a~aif~ft'.'i~",1'(,!J,t~~j~:t.,...:,.,c(Jvered auto. :y: :red under thIS polley ~;.":~.::.!'.Ji. i;.a..~~"l:.#~.;/; ~.'l~.\.t;lif"'i(I.!t.,.;..,. ':." Y . ..<'J;"":,':1r'i:'i:V:I<<~~";""::"':'~1~'t};.. a_ ou: 2, Premiums on eppeal bonds 'a.nci~ilondsttg.,'11'El~i;;i'1l..1./i;";'I::;,:,'b Any "'ami:'! ~~~be'" or , ",~"I.", -.' ~1.''':J~1fl'\''''f''~f.~.', ,"'1' ,..... .. " ",-,,, , ,ease attachments in any suit we defenu,;nj.,};.J,;,:'".~~"L",,~~r~:::'r"'';'I~':.' ., , ' " "",;,\~i:'':'i,,:~lf.i!3!f+.W~~;;;/lfl{(;('!{''C,,, Any partn';r. a<;;~nt c' employee of you or .,.J. :~~erest ~ccrulng after a Judgn;W.!l~~:".~j;rg~,1~1J.;~i~;~~~:~_:;:.;:"\:,~' , any "famil"! m~~ber" !" any SUit we defend, Our duty to paymie!ilsty>",tl,\;',,"," ~~ds when we oHer to pay -,~~~j;j*ny:'o..tr~~V~tf~t~~~}:~..~,._<-~: ,ccgment which does not exceed;our,\hmit\of1ih:",,~(t::/ ':', " , . . . ' ~ ..lv'f't'':'r.j.;Yrr:~'''Jll1'tqfitf'VI~'''~)'\I:'' ';"::'~'.' :aodlty for thiS coverage. "")if~:?:?co~~1~~~'1R#~;S~\~;" .:. l: to $50 a day for loss of eamiribs'%'ut:Wo.'dii1,,'f,:;;;".'.. ' . .\.,..,.'.--'d"<.'..r......~I;Ji!i:~,."'k'~''''r. ,',-'1.:"" c:ner income. because of-.a~e." ,a_':1,~~~\I:'.%,d.}t:'t};f:;.::. :....;,lrings or trials at our reques~~.:;./-.':,:,','~:::~:~~; '^"2:,'~i:~'Y.<;' . ::. ..," ",:, ' :;": . ....." ~ ,.. ~ r. ~. C ~ncr reasonable expenseS incumld af'ci ,::l'~j,lfb" ""'~ffl1;!"lflJs '.',..~i, f . J ,'~.... ~f'r!,...,\,.,. ,': . ".:\;"/;,:'2f;~::"h;AY:~~~}~t!{fJ;!!,:.:', COpy"g~t, Ins~tance:SetVlcosOffic~. Inc.. 1 S~;I, '.'\,~;~ :;:'-::-;::'~N. l~"{!~-#;~f{";-: ,.."",:;l"i~\l; l'i:"fY' -.i)(\~~1n~;.r?;/~yD..',.;~~1.. !'". .~.,.. i,,~rt~\~.~t.:. INSURING AGREEMENT A. We will pay damages for "bodily injury. or ";:'op~rty damage" for which any "insured" ce. cc""es legally responsible because of an auto ac. c,cent, Damages include prejudgment interest a','. ard~d against the "insured", We will settle or ce:end. ,as we consider appropriate. any claim or sc': asking for these damages, In addition to our I,""t of liability. we will pay all defense costs we Ir,~'Jr, Our duty to settle or defend ends when our "roil of liability for this coverage has been ex. hausted, We have no duty to defend any suit or se::le any claim for "bodily injury" or "property cJ"'ag~" not covered under this policy. B. ":c,sured" as used in this Part means: 1, You or any "family member" for the owner- ship, maintenance or use of any auto or "trailer", P8g~ 2 of 11 EXCLUSIONS A, Wr; do not ''In'Sured'' 1. Who IOter.:".nall'! ~Jcses "bodd,! injur'/' or ";J:ropert'1 CZ~",(jge I 2, For "proOt.:r:" (~ar:"I;'~1~' ~o propertY owned or being trans:~rted ~)'f tnat "msured", 3. For "proO':':'" ~(jr; ;)'.j~" :0 prooert'( a. Rented te b. Used b'( ~r c. In thq ca'" ?f: P'~'"cc LIJ:I:lty CovcrDgc for any that "inslJrec" This exclus1cn (,A,3,) docs not apply to 'propert'l da::-,ege" to a residence or private garage, 4, For "bodily 'njur/, to an employee of thai "insured" CL:::ng :(11; course of emoloyrnent. This exr.lusI~c, ,,A.4,) coes not apply to "bodily injur/ iC ~ dOr.'i.:stic employee unless vlorkers' co:-:.er:S::jtior. benefits ;re reqUired or available ~:r t:-.~~ dOITiE:stic employee. 5. For that "inscr"d'5" liability Drising out of the ownership cr :.pe~ation oi a vehicle while it is c",ing used a, a ;.!)blic or livery conveyance, This exclusicc (A,S.) coes not apply to a share-the.ex::::':rJs€: r;3r pool. 6. 'I/hile emplq"c cr oth",wise engaged in the "business" of' d. Storing; or e, Parking; r P 00 01 06 94 " 7. M~intaining or uSing nny vehicle while thnt "Insured" IS emplo,!ed or otherwise engaged In any "bLlslOess" (other thnn farming or r~nching) not descrrbed In exclusion A.6, ThiS exclusion (A.7,) does not ~ppl'{ to the m~lnten~nce or use of ~: a, Prlv~te p~ssenger auto; b. Pickup or v~n that: (1) You own; or (2) You do not own while used as n tem. porary substitute lor "yOllr covered auto" which is out of normal use be. cause of its: (d) Loss; or (e) Destruction; or (a) Breakdown; (b) Repnir; (0) Servicing; o. "Tr~iler" used with ~ vehicle described in a, or b. above, 8, Using a vehicle without a ,re~sonable belief th~t that "insured" is entitled to ~o ,0, 9. For "bodily injury" or "property d~mage" for which that "insured": a, Is an insured under a nuclear energy li- ability policy; or b, Would be an insured under a nuclear en. ergy liability policy but for its termination upon exhaustion of its limit of liability, A nucleer energy liability policy is e policy is- sued by any of the following or their succes- sors: a. American Nuclear Insurers; b, Mutual Atomic Energy Liability Under. writers: or c. Nuclear Insurance Association of Canada. B. We. do not provide Liability Coverege for the ownership, maintenance or use oi; 1. Any vehicle which: a, Has fewer than four wheels; or b. Is designed mainly for use off public roads. This exclusion (8.1.) does not apply: a, While such vehicle is being used by an "insured" in a medical emergency; or b, To eny "trailer", 2. Any vehicle, other than "your covered auto". which is: a, Owned by you; or b, Furnished or available for your regular use, 3, Any vetlICII.~. other thJr. "your covered iluto", which 15< ii, Owned b,! an,{'lamily member"; or b. Furnished or nV~llable for the regular use 01 ~ny "fnrnily member", However, this e:<cluslon (B.3,) does not ~p~l,! to 'Iou whrle you nre mnlntnlnrng or "occupy. "'9" an'{ vehicle which IS: a. Owned by a "f~mily member"; or b, Furnished or available for the regular use of n "family member" 4. Any vehicle, locnted inSide a f~cility designed for rncing, for the purpose ot: a, CompetinG in; or b, Pr~clicing or preparing for; ~ny prenrranged or organized racing or speed contest. LIMIT OF LIABILITY A, The limit of liability shown in the Declarations for this cO'Jerage is our maximum limit oi liability for all damages resulting from anyone auto accident. ThiS is the most we will pay regardless of the number of: 1, "Insureds"; 2. Claims made; 3, Vehicles or premiums shown in the Declara. tions: or 4. Vehicles involved in the auto accident. B. We will apply the limit of liability to provide any separate limits required by law for bodily injury, and property damage liability, However. this provision (8,) will not change our total limit of Iiabilit'{. C, No one will be entitled to receive duplicate pa'!- mentS for the same elements of loss under this coverage and: 1, Part B or Part C of this policy; or 2. Any Underinsured Motorists Coverage pro' vided by this policy, P P 00 01 06 94 Copyright, Insurance Services Qffice, Inc" 1994 Page 3 of 11 'OUT OF STATE COVERAGE If an auto accident to which thiS polrCY applies oc- curs in any state or province other than the one in which "'!our covered auto" is principally garaged, we will interpret your policy for that accident as tal. lows: A. If the state or province has: 1. A financial responsibility or similar law speci. fying limits of liability for "bodily injury" or "property damage" higher than the limit shown in the Declarations, 'lour policy will provide the higher specified limit. 2. A compulsory insurance or similar law requir. ing a nonresident to maintain insurance whenever the nonresident uses a vehicle in that state or province. your policy will provide at least the required minimum amounts and types of cove.rage. B, No one Will be elltlthJd to duplrcate payments for the s.lIne elerncnt~ of loss. FINANCIAL RESPONSIBILITY When this policy is certified as future proof of fi. nancial responSibility, HIlS polic'l shall comply with the law to the extent required, OTHER INSURANCE If there IS other applicable liability insurance we will pay only our share of the lo:;s, Our share," the pro. portion that our limn of liability bears to the total of all applrcable limits, However, any insurance we provide for a vehicle you do not own shall be excess over any other collectible Insurance, PART B - MEDICAL PAYMENTS COVERAGE INSURING AGREEMENT A. We will pay reasonable expenses incurred for necessary medical and funeral services because of "bodily injury"; 1. Caused by accident; and 2. Sustained by an "insured", We will pay only those expenses incurred for services rendered within 3 years from the date of the accident. B. "Insured" as used in this Pert means: 1. You or any "family member": a, While "occupying"; or b. As a pedestrian when struck by; a motor vehicle designed for use mainly on public roads or a trailer of any type. 2. Any other person while "occupying" "your covered auto". EXCLUSIONS We do not provide Medical Payments Coverage for any "insured" for "bodily injury": 1. Sustained while "occupying" any motorized vehicle having fewer than four wheels. 2. Sustained while "occupying" "your covered auto" when it is being used as a public or liv. ery conveyance. This exclusion (2.) does not epply to a share-the.expense cer pool. 3, Sustained while "occupying" any vehicle 10' cated for use as a residence or premises. 4. Occurring during the course of employment if workers' compensation benefits are required or availeble for the "bodily injury". 5, Sustained while "occupying", or when struck by, eny vehicle (other than "your covered auto") which is: a, Owned by you; or b. Furnished or available for your regular use. 6. Sustained while "occupying", or when struck by. any vehicle (other than "your covered auto") which is: a. Owned by any "family member"; or b. Furnished or available for the regular use of any "family member", However, this exclusion (6.) does not apply to you, 7, Sustained while "occupying" a vehicle with- out a reasonable belief that that "insured" is entitled to do so, 8, Sustained while "occupying" a vehicle when it is being used in the "business" of an "in. sured", This exclusion (8,) does not apply to "bodily injury" sustained while "occupying" a; a. Private passenger auto; b, Pickup or van that you own; or c. "Treiler" used with a vehicle described in a, or b, above, 9. Caused by or es a consequence of: a. Discharge of a nuclear weapon (even if accidental); b, War (declared or undeclared); c. Civil war; d, Insurrection; or e. Rebellion or revolution, 10. From or as a consequence of the following, whether controlled or uncontrolled or how. ever caused: a. Nuclear reaction; b. Radiation; or c. Radioactive contamination. Page 4 of 11 Copyright, Insurance Services Qfiice, Inc" 1994 P P 00 01 06 94 11, Sustained while "occupying" any vehicle lo- cated inside a facrlit,! designed lor racing. for the purpose of' a, Competing In; or b, Practicing or preparing for; any prearranged or organized racing or speed conlBSt. LIMIT OF LIABILITY A, The limit of liability shown in the Declarations for this coverage is our maximum limit of liability for each person injured in anyone accident. This is the most we Will pay regardless of the number of: 1. "Insureds"; 2, Claims made; 3, Vehicles or premiumS shown in the Declara- tions; or 4, Vehicles involved in the a,ccident. B, No one will be entitled to receive duplicate pay. ments for the same elements of loss under this coverage and, 1. Part A or Part C of thiS policy; or 2, Any Underinsured Motorists Coverage pro. vided by this policy. OTHER INSURANCE If there is other applicable auto medical payments insurance we will pa'l only our share of the loss. Our share is the proportion that our limit of liability bears to the lotal of all applicable limits. However. any in. sura nee we prOVide with respect to a vehicle you do not own shall be excess over any other collectible auto insurance providing payments for medical or funeral expenses, PART C _ UNINSURED MOTORISTS COVERAGE INSURING AGREEMENT A, We will pay compensatory damages which an "insured" is legally entitled to recover from the owner or operator of an "uninsured motor vehi- cle" because of "bodily injury": 1, Sustained by an "insured"; and 2, Caused by an accit.!ent. The owner's or operator's liability for these dam. ages must arise out of the ownership. mainte. nance or use of the "uninsured motor vehicle". Any judgment for demages arising out of a suit brought without our written consent is not bind. ing on us, B. "Insured" as used in this Part meens: , 1, You or any "family member", 2, Any other person "occupying" "your covered auto", 3. Any person for dameges that person is entitled to recover because of "bodily injury" to which this coverege applies sustained by a person described in 1. or 2. above, C, "Uninsured motor vehicle" means a land motor vehicle or trailer of eny type: 1. To which no bodily injury liability bond or policy applies at the time of the accident. 2, To which a bodily injury Iiebiliry bond or pol- icy applies at the time of the accident. In this case its limit for bodily injurlliability must be less than the minimum limit for bodily injurl liability specified b,! the financial responsibil- ity law of the state in which "your covered euto" is principally geraged, 3. Which is a hit.and-run vehicle whose operator or owner cannot be identified and which hits: a, You or any "femily member"; b, A vehicle which you or any "family mem- ber" are "occupying"; or c, "Your covered auto". 4, To which a bodil,! injury liability bond or pol- icy applies at the time of the accident but the bonding or insuring company: a, Denies coverage; or b. Is or becomes insolvent. However, "uninsured motor vehicle" does not include any vehicle or equipment: 1. Owned by or furnished or available for the regular use of you or any "family member". 2. Owned or operated by a self. insurer under any applicable motor vehicle law, except a self- insurer which is or becomes insolvent. 3. Owned by eny governmental unit or agency. 4, Operated on rails or crewler treads. 5. Oesigned mainly for use oH public roads while not on public roeds. 6, While located for use as a residence or prem- ises. EXCLUSIONS A. We do not provide Uninsured Motorists Coverage for "bodily injury" sustained: 1. By an "insured" while "occupying", or when struck by, any motor vehicle owned by that "insured" which is not insured lor this cover- age under this policy, This includes a trailer 01 any type used with that vehicle, ' P P 00 01 06 94 Copyright, Insurance Services Qffice, Inc.. 1994 Page 5 of 11 2. By any "farntly membe," while "occupying". or 'Nhen struck b'l. ilOY mOlOr VI)l1ICllJ you own which is insured for this cover"ge on a prim"ry baSIS lInder any other policy B, We do not provide Uninsured Motollsls Coverage for "bodtly Inlury" sustained by any "Insured": 1, If that "insured" or the legal ,epr.)sentative settles the "bodily "'Jury" claim Without our COIl::hHlt. 2. Whtle "OccuPYing" "your covered "litO" when It IS being used as a publiC or livery conveyance, This exclusion (B.2,) does not apply to a share-the.expense car pool. 3, USing a vehicle wllhout a reasonable belief that that "Insured" is entitled to do so, C. This coverage shall not apply directly or indirectly to benefit any insurer or self- insure, under any of the following or similar law: 1. Workers' compensation law; or 2, Disability benefits law, D. We do not provide Uninsured Motorists Coverage for punitive or exemplary damages, L1MJT OF LIABILITY A. The limit of liability shown in the Declarations for this coverage is our maximum limit of liability for all damages resulting from anyone accident. This is the most we will pay regardless of the number of: 1. "Insureds", 2. Claims made; 3. Vehicles or premiums shown in the Declara- tions; or 4, Vehicles involved in the accident. B. No one will be entitled to receive duplicate pey- ments for the same elements of loss under this coverage and: 1. Part A or, Pan B 01 this polic,!; or 2. Any Underinsured Motorists Coverage pro. vided by this policy, C. We will not make a duplicate payment under this coverage for any element of loss for which pay. ment has been made by or on behalf oi persons or organizetions who may be legally responsible, 0, We will not pey for any element oi loss if a person is entitled to receive payment for the seme ele. ment of loss under any oi the following or similar law: ,. Workers' compensation iaw; or 2. Disability benefits law, OTHER INSURANCE If there is other applicable insurence available under one or more policies or provisions of coverage: ,. Any recovery for damages under all such pol- icies or provisions of coverage may equal but not exceed the highest appliceble limit for any one vehicle under any insurance providing coverage on either a primary or excess basis. 2. Any In5ur.1nCe we pro'/lde with respect to (] v~1tllclf~ YOll 00 not own shall be excess over (,1n'1 coll,~ctil)le H1SU,imcr. providing coveruge on a prlllhlf'. baSIS 3, I' Ihe coverij()e und", thiS poliCY is provided: il, On iJ prUTl<1ry baSIS. we will Dtly only our sharo of the loss that must be paid under msurnnce prOViding cover~ge on a primary baSiS. Our shore IS the proportion that our limit of liilbtl,ty bears to the total of all ap. pllcable limits of liability for coverage pro. vlded on a primary basis, b. On an e,cess basis, we will pay only our share of the loss that muSI be paid under Insurance providing coverage on an excess baSIS, Our share is the proportion that our limit of liability bears to the total of all ap. pllcable limits of liability for coverage pro- vided on an Jxcess basis. AR BITRATION A, If we ana an "Insured" do not agree: " Whether that "insured" is legally entitled to recover damages; or 2. As to the amount of damages whir.h nre ,re- coverable by that "insured"; from the owner or operator of an "uninsured motor vehicle", then the maner may be arbitrated, However, disputes concerning coverage under this Part may not be arbitrated, Bo,h parties must agree to arbitration, If so agreed, each part'{ will select an arbitrator, The two arbitrators will select a third, If they cannot egree within 30 days. either may request that se. lectlon be made by a Judge of a court having ju. risdiction. B, Each part'! will: 1, Pay the expenses it incurs; and 2. Bear the expenses of the third arbitrator equally. C. Unless both parties agree otherwise. arbitration will take place in the county in which the "in. sured" lives, Local rules of law es to procedure and evidence will appl'/. A decision agreed to by two of the arbitrators will be binding as to: ,. Whether the "insured" is iegally entitled to recover damages; and 2. The amount 01 damages, This applies only if the amount does not exceed the minimum limit for bodily injury liability specified by the financial responsibility law of the state in which "your covered auto" is principally ga- raced, If the amount exceeds that limit, either pa-rty may, demand the right to a trial. This cemend must be made within 60 days oi the arbitrators' decision, If this demand is not made. the amount of damages agreed to by the arbitretors wi/I be binding, Page60i11 Copyright, Insurance Services Qffice, Inc.. 1994 PP 00 01 0694 PART 0 .. COVERAGE FOR DAMAGE TO YOUR A'UTO INSURING AGREEMENT A. We wrll pay for direct and aCCidental loss to "'!our covered auto" or any "non.owned auto", Includ. ing their equipment. minus any Jpplicable deductible shown in the Declarations, I f loss to more than one "your covered auto" or "non. owned auto" results from the same "collision", only the highest applicable deductible will apply, We wrll pay for loss to "your covered auto" caused by: 1, Orner than "collision" only If the Declarations indicate that Other Than Collision Coverage is provided for that auto, 2. "Collision" only if the Declarations indicate that Collision Coverage is provided for that auto, If there is a loss to a "non.owned auto", we will provide the broadest coveres.e applicable to any "your covered auto" showr: in the Declarations. B. "Collision" means the upset of "your covered auto" or a "non.owned auto" or their impact with another vehicle or object. Loss caused by the following is considered other than "collision"; 1, Missiles or falling objects; 2, Fire; 3, Theft or larceny; 4, Explosion or earthquake; 5. Windstorm; 6. Hail. water or flood; If breakage of glass is caused by a "collision", you ma,! elect to have it considered e loss caused by "collision" . 7, Malicious mischief or vandalism; 8, Riot or civil commotion; 9, Contact with bird or animal; or 1 O. Breekage of glass C, "Non-owned auto" means; 1. Any private pes~enger auto, pickup, van or "trailer" not owned by or furnished or avail. able for the regular use of you or any "femily member" while in the custody of or being operated by you or eny "family member"; or 2. Any auto or "trailer" you do not own while used as a temporary substitute for "your cov- ered euto" which is out of normal use because of its: a. Breakdown: b, Repair; c, Servicing; TRANSPORTATION EXPENSES d. Loss; or e. Destruction, In addition, we will pay, without application of a deduc:ible, up to S15 per day, to a maximum of S450, for: 1, Temporary trensportation expenses incurred by you in the event of a loss to "your covered au:o", We will pay for such e:<penses if the loss is ceused by: a, Ot"", than'colllslon" only If the Declara. tions ,ndicate that Other Than Collision Coverage is provided for that auto, b, "Collision" only if the Declarations indicate that Collision Coverage is provided for that auto. 2, Loss of use expenses for which 'Iou become legally responsible in the event of loss to a "non.owned auto", We will pay for loss of use e:<penses if the loss is caused by: a, Other than "collision" only if the Delcarations indicate that Other Than Col. lision Coverage is provided for any "your covered auto", b, "Collision" only if the Declarations indicate that Collision Coverage is provided for any "'lour covered auto", If the loss is caused by a total theft of "your cov. ered auto" or a "non-t..wned auto", we will pay only expenses incurred dluing the period: 1, Beginning 48 hours after the theft; and 2, Ending when "your covered auto" or the "non.owned auto" is returned to use or we pay for its loss, If the loss is caused by other than theft of a "your covered auto" or a "non. owned auto", we will pa,! only expenses beginning when the auto is withdrawn from use for more than 24 hours, Our payment will be limited to that period of time reasonably required to repair or replace the "your covered auto" or the "non-owned auro". EXCLUSIONS We will not pay for: ,. Loss to "your covered auto" or any "non. owned auto" which occurs while it is being used as a public or livery conveyance, This exclusion (1.) does not apply to a share-the. expense car pool. 2. Damage due and confined to; a. Wear and tear; b. Freezing; c. Mechanical or electrical breakdown or feilure; or d, Road damage to tires, This exclusion (2.) does not apply if the demage results from the total theft oi "your covered auto" or any "non-owned auto", 3. Loss due to or as a consequence of: a. Redioactive contamination; b, Discharge of any nuclear weapon (even if accidental); c, War (declared or undeclared); d. Civil '.''Jar; Page 7 p P P 00 01 06 94 Copyright, Insurance Services Qffice, Inc" 1994 e. InsurrectIon: or f. Rehell!(;n or revolU[Ion 4. Loss to: a, Any electronic eqUipment designed tor the reproduction of sauna, ,"c!uding, but not limited to: (1) RadiOS and stereos: (2) Tape decks; or (3) Compact disc players; b, Any other electronic equipment that reo ceives .:r [rar:smi~5 auclo. '/tsua! or data signals, Including. but not limited to: (1) Citizens band radios: (2) Teleohones; (3) Two.way mobile radios; (4) Scanning monitor receivers; (5) Television monitor receivers: (6) Video cassette recorders,; (7) Aucio casselle recorcers: or (8) Personal computers: c, Tapes, records, discs, or other media used with equipment deSCribed in a. or b.; or d. Any other accessories used with equip- ment cescribed in a, or b, This exclusion (4,) does not apply to: a. Equipment designed solely for the reprod- uction of sound and accessories used with such equipment. providad: (1) The equipment is permanently installed in "your covered auto" or any "non. owned auto"; or (2) The equipment is: (a) Removable from e housing unit which is perma~ent!y installed in the auto; (b) Designed to be solely operated by use of the power irom the auto's electrical system: and (c) In or upon "your covered auto" or any "non-owned auto"; at the time of the loss, b. Any other electronic equipment that is: (1) Necessery for the normal operation of the euto or the monitoring of the auto's operating systems; or (2) An integral per: of the same unit hous. ing any sound reproducing equipment described in a. and permanently in- stalled in the opening of the dash or console of "your covered auto" or any "non.owned aUtO" normally used by the manufacturer for installation of a radio, Puge 8 of 11 5, A total loss to "your covered auto" or uny "non.owned auto" due to destruction Or con. fISG.J!IOn by governmental or CIvil authOrities. ThiS exclUSion (5.) does nOt apply to the in. lereSiS of Loss Payees in "your covered auto". 6, Loss to a camper bodv or "trailer" you own which is not shown in the Duclararions. This exclusion (6,) does not apply to a camper body or "trailer" you: a. Acquire during the policy period: and b. Ask us to insure within 30 days after you become the owner. 7. Loss to any "non-owned auto" when used by '{oU or any "(amil,! member" without a rea. sonable belief that you or that "family memo ber" are entitled to do se. a, Loss to: a, Awnings or cebanas; or b, Equipment designed to create additional living facilities, 9, Loss to equipment designed or used ior the detection or locution of radar or laser, 10, Loss to any custom furnishings or equipment in or upon any pickup or van, Custom fur- nishings or equipment include but are not limited to: a, Special carpeting and insulation. furniture or bars; b. Facilities for cooking and sleeping; C. Height-extending roofs; or d, Custom murals. paintings or other decals or grephics, 11, Loss to any "non.owned auto" being main. tained or used by any person while employed or otherwise engaged in the "business" of: a, Selling; d, Storing; or b, Repairing: e. Parking; c. Servicing; vehicles designed for use on public highways. This includes road testing and delivery. 12. Loss to any "non-owned auto" being main- tained or used by any person while employed or otherwise engaged in any "business" not described in exclusion 11, This exclusion (12.) does not apply to the maintenance or use by you or any "femily member" of a "non. owned auto" which is e private passen. ger auto or "trailer", 13. Loss to "your covered auto" or any "non. owned auto". located inside a facility' de- signed tor racing, for the purpose of; a. Competing in; or b, Practicing or preparing fer; any prearranged or organized racing or speed contest. Copyright, Insurance Services Qfiice. Inc.. 1994 P P 00 01 06 94 14, Loss to, or 1055 of use of, a "non.owned auto" rented by a. You, or b. Any "f(]md'l mf.!mb.~r", rf a rental vehicle company 15 precluded from recovering such los5 or loss of U$t), from you or that "fc1mily member", pursu;:lflt to the pro. 'lIsions of any applicable rental agreement or state lavJ LIMIT OF LIABILITY A, Our limit at Itabrl,ty for loss wrll be the lesser of the 1, Actual cash value of the stolen or damaged property; 2. Amount neces,ary to repair or replace the property with other property of like kind and quality, However, the most we will pay for loss to any "non.owned auto" which is a traile.r is 5500, B. An adjustment for depreciation and ph,!sical condition will be made in determining actual cash value in the event of a total loss, C, If a repair or replace~lent results in better than like kind or quality, we will not pay for the amount of the betterment. PAYMENT OF LOSS We may pay for loss in money or repair or replace the dameged or stolen propert'{, We may, at our expense, return any stolen property to: 1, You; or 2, The address shown in this policy, If we return stolen property we will pay for any damage resulting from the theft. We may keep all or part of the property at an agreed or appraised value. If we pJ'I for loss InllTloney. OUf paymBnt will include tt1t~ nppllcJtJltJ SJlcs lUx lor the dilmaged or stolen propmt'{ NO BEN EFIT TO BAILEE ThiS Insurance snail not directl'l or indllectly benefit any CJrrllH or other bailee for hire. OTHER SOURCES OF RECOVERY If other sources of recovery also cover the loss. we wrll pay only our share of the loss, Our share is the proportion that our limit of liability bears to the total of all apollcable limits, However, any insurance we prOVide. With respect to a "non.owned auto" shall be excess over any other collectible source of reo covery Including, but not limited to: 1, Any coverage provided by the owner of the "non-owned auto"; 2, Any other applicable physical damage insur- ance; 3, Any other source of recovery applicable to the loss, APPRAISAL A, It we and 'IOU do not agree on the amount of loss, either may demand an appraisal of the loss, In this event. each party will select a competent ap- praiser, The two appraisers will select an umpire, The appreisers will state separately the actual cash value and the amount of loss, Ii they fail to agree, they will submit their differences to the umpire, A decision agreed to by an,! two will be binding, Each party will: 1, Pay its chosen appraiser; and 2. Seer the expenses of the appraisal and umpire equally, B, We do not waive any of our riohts under this policy by egreeing to an appraisa~ PART E.. DUTIES AFTER AN ACCIDENT OR LOSS We have no duty to provide coverage under this policy unless there has been full complience with the following duties: A, We must be notified promptly of how, when and where the accident or loss happened. Notice should also include the names and addresses of any injured persons and of any witnesses. B. A person seeking any coverage must: 1, Cooperate with us in the investigation, settle. ment or defense of any claim or suit, 2. Promptly send us copies of any notices or le- gal papers received in connection with the accident or loss. 3. Submit. as often as we reasonably require: a. To physical exams by physicians we select. We will pay for these exams, b. To examination under oath anc subscribe the same. 4. Authorize us to obtain: a, Medicel reports; and b. Other pertinent records, 5, Submit a proof of loss when required by us. C, A person seeking Uninsured Motorists Coverage must also: 1, Promptl'! notify the police ii a hit-end-run driver is i,\volved, 2, Promp.tly send us copies of the legel papers ii a SUit IS brought. D. A person seeking Coverage for Damage to Your Auto must also: 1, Teke reasonable steps after loss to protect "your covf.red auto" or any "non.owned auto" and their equipment from further loss, We will pay reasonable expenses incurred to do this, 2. Promptly notify the police if "your covered auto" or any "non-owned auto" IS stolen, 3, Permit uS to inspect and ilppraise the dam. aged property before its repair or disposal. P P 00 01 06 94 Copyright. Insurance SelVices Q,fiice, Inc.. 1994 Page 9 of 11 PART F GENERAL PROVISIONS BANKRUPTCY OUR RIGHT TO RECOVER PAYMENT Bankruptcy or Insolvency of the "insured" shall not relieve us of any obligations under thiS policy, CHANG ES A. ThiS poliCY contains all the agreements between you and us, Its terms may not be changcd or waived except by endorsement issued by us, B. If there is a change to the information used to develop the policy premium, we may adjust '!our premium, Changes dUllng the polley term that may result in 3 premium increase or decrease in. clude, but are not limited to, changes in: 1. The number, type or use classification of in- sured vehicles; 2. Operators using insured vehicles; 3, The place of pllncipal garaging of insured 'Ie. hicles; 4. Coverage, deductible or limits: If a change resulting from A, or B. requires a pre. mium adjustment, we will make the premium ad- justment in eccordance with our manual rules, C. If we make a change which broadens coverage under this edition of your policy without addi- tional premium charge, that change will auto. matically apply to your policy as of the date we implement the change in '!our state. This para- graph (C,) does not apply to changes imple- mented with a general program revision that includes both broedenings and restrictions in coverage, whether that general program revision is implemented through introduction of: 1. to, subsequent edition of your policy; or 2, An Amendatory Endorsement. FRAUD We do not provide coverage for any "insured" who has made iraudulent statements or engaged in fraudulent conduct in connection with any accident or loss for which coverage is sought under this pol- icy, LEGAL ACTION AGAINST US A. No legal action may be brought against us until there has been full compliance with all the terms of this policy, In addition, under Part A. no legal action may be brought against us umil; 1, We agree in writing that the "insured" has an obligation to pay; or 2, The amount oi that obligation has been finelly determined by judgment after trial. B, No person or organization has any right under this policy to bring us into any action to deter. mine the liability of an "insured", A. If we rnilKe a payment under this polic'l and the person to or for whom payment was made has a right to recover damages from another we shall be subrogated to that light. That person shall do: 1. 'Nhace'Jcr is necessary to enable us to exercisp. our rights: and 2, Nothing after loss to prejudice them, However, our rights in this paragraph (A.) do not apply under Part D, against any person uSing "'lour covered auto" with a reasonable belief that ,that person is entitled to do so, B. If we make a payment under this polic'l and the person to or for wrlom payrllenr IS made recovers damages from another. that person shall: 1, Hold in trust for us the proceeds of thc reo covery; and 2, Reimburse us to the extent of our payment, POLICY PERIOD AND TERRITORY A. This policy applies only to accidents a,-,d losses which occur: 1, During the policy period as shown in the Declarations; and 2, Within the policy territory, 8, The policy terrilOry is; 1, The United States of America. its territories or possessions; 2, Puerto Rico; or 3, Canada, This policy also applies to loss to, or accidents involving, "your covered auto" while being transported between their pons. TERMINATION A. Cancellation. This policy may be cancelled during the policy period as follows; 1. The named insured shown in the Declarations may cancel by: a. Returning this policy to us; or b, Giving us advance written notice of the date cancellation is to take effect, 2, We may -cancel by mailing to the named in- sured shown in the Declerations at the ad. dress sbown in this policy: a, At least 10 days notice: (1) If cancellation is for nonpayment of premium: or (2) If notice is mailed during the first 60 days this policy is in efiect and this is not a renewal or continuation policy; or b, At least 20 days notice in all other cases, Page100f11 Copyright, Insurance Services Qlfice, Inc.. 1994 P P 00 01 06 94 3, ~fter tnl$ ~ahc'l 15 In efff~ct far 60 c!J'IS. or If ~hlS IS J f~rle'.\I:::I1 or carwnUlltlon policy, we ....ill r:,lnc~i or,I'1 a. For nonDiJ',m~en{ of pr80llLHl'l. or b. If 'lour dr:'1w's Iteense or IflClt of. (1) Any d""er who Irves with you; or (2) An'! dflver who CllstomJrJly uses "your covered Jute": has ceen suspended or revoked, This must have occurred: (1) DUring the pollC'/ pellod, or (2) Since the last anniversar,! of the original effective date If the policy period is other than 1 year; or c, If the policy was obtained through material misrepresentation, B. Nonrenewal. If we decide not to renew or continue this policy, we will mail notice to the named insLred shmNn in the Declaration~; at the address shown in this policy, Notice will be marled at least 20 days before the end of the policy period, If tne policy period is: 1, Less than 6 months, we will heve the right not to renew or continue this policy every 6 months. beginning 6 months after its original effective date, 2, 1 year or longer, we will have the right not to renew or continue this policy at each anni~ versary of its original effective date, C. Automatic Termination. If we aHer to renew or continue and you or your representative do not eccept, this policy will automatically terminate at the end of the current policy period, Feilure to pay the required renewal or continuation premium when due shall mean that you have not accepted our offer. If you obtain other insurance on "your covered auto". any similar insurance provided by this policy will terminate as to that auto on the efiec- tive date of the other insurance, D. Other T'Jrmination Provisions. 1. \Nt~ nlav deliver any notice rns:enc! of mailing It Proof of marllng 01 an'l notice shall be suf. flclent proof of notIce 2, II :hlS polrc'/ IS cancelled, ,!OU may be entitled to a premium refund, If so, we will send you :ne relund, The premium refund, if any, will be computed according to our manuals, However, making or offerrng to make the re- lund is not a condition of cancellation, 3, The effective date of cancelletion stated in the notice shall become the end of the polic,! pe. rlod. TRANSFER OF YOUR INTEREST IN THIS POLICY A, '(our lights and duties under this policy may not be assigned without our 'witten consent. How. e'/er. if a named insured shown in the Declara. tlons dies. coverage will be provided for: 1. The surviving spOLlse if resident in the same household at the time of death, Coverage "Po plies to the spouse as if a named insured shown in the Declarations; and 2, The legal representative of the deceased per. son as if a named insured shown in the Dec- larations, This applies only with respect to the reoresentative's legal responsibility to main. tain or use "your covered auto". B. Coverage will only be provided until the end of the policy period, TWO OR MORE AUTO POLICIES If this policy end any other auto insurance policy is- sued to you by us apply to the seme accident. the maximum limit of our liability under ell the policies shall not exceed the highest applicable limit of li- ebility under anyone policy, P P 00 01 06 94 COP,!right. Insurance Services Qffice. Inc.. 1994 Page110f11 POLICY NUMBER: PERSONAL AUTO PP 05 51 06 94 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, FIRST PARTY BENEFITS COVERAGE - PENNSYLVANIA With respect to coverage provided by this endorsement. the provisions of the policy apply unless modified by the endorsement. BASIC FIRST PARTY BENEFIT SCHEDULE Limit Of Liability 5_ $_ subject to a maximum of 5_ per month Benefit Limit Of Liability Medical Expenses $5,000 If indicated below or in the Declarations, the following options apply instead of the Basic First Party Benefit: o Added First Party Benefi~s Benefits Medical Expenses Work Loss Funeral Expenses Accidental Death o Combination First Party Benefits Benefits Medical Expenses Work Loss Funeral Expenses Accidental Death Maximum Limit of Liability for the Total of All Combination First Party Benefits Note If Added First Party Benefits or Combination First Party Benefits are not shown as applicable in the Schedule or Declarations, only the Basic First Party Benefit applies, I. DEFINITIONS The Definitions section is amended as follows: A, "The Act" refers to the Pennsylvania Motor Vehicle Financial Responsibility Law. B. The following definitions are replaced: 1. "Bodily injury" means accidental bodily harm to a person and that person's result- ing illness, disease or death, 2. "Your covered euto" means a "motor vehi. c1e": a. To which Part A of this policy applies and for which a specific premium is charged; and b, For which First Party Benefits Coverage required by the Act is maintained, PP 05 51 06 94 $- $ Limit Of Liability No specific dollar amount No specific dollar amount 52,500 5_ $- C, The following definition is added: "Motor vehicle" means a self-propelled vehi. cle operated or designed for use upon public roads, However, "motor vehicle" does not in- elude a vehicle operated: 1, By muscular power; or 2. On rails or tracks, D. "Insured" as used in this endorsement means: 1. You or any "family member",' 2. Any other person while: a, "Occupying" "your covered auto"; or b. Not "occupying" a "motor vehicle" if injured as a result of an accident in Pennsylvania involving "your covered auto". Copyright. Insurance Services Qffice, Inc" 1993 Page 1 of 4 If "your covered auto" is parked and un. occupied it is not a "motor vehicle" in. valved in an accident unless it is parked in a manner which creates an unreasonable risk of injury, II. FIRST PARTY BENEFITS COVERAGE INSURING AGREEMENT A. BASIC FIRST PARTY BENEFIT We will pay.,in accordance with the Act, the Basic First Party Benefit to or for an "insured" who sustains "bodily injury". The "bodily in. jury" must be caused by an accident arising out of the maintenance or use of a "motor vehicle", Subject to the limit shown in the Schedule or Declarations, the Basic First Party Benefit consists of: Medical expenses, Reasonable "no! necessary medical expenses incurred for all "insured's": 1. Care; 2. Recovery; or 3. Rehabilitation, This includes remedial cere and treatment rendered in accordance with a recognized re- ligious method of healing, Medical expenses will be paid if incurred within 1 B months from the date of the acci. dent causing "bodily injury", However, if within 1 B months from the date of the acci. dent. it can be determined with reasonable medical probability that additional expenses may be incurred after this period, the 1 B month time limit will not apply to the payment of the additional medical expenses, B. ADDED FIRST PARTY BENEFITS If the Schedule or Declarations indicates that Added First Party Benefits apply, we will pay Added First Party Benefits instead of the Basic First Party Benefit to or for an "insured" who sustains "bodily injury", The "bodily injury" must be caused by an accident arising out of the maintenence or use of a "motor vehicle", These benefits are subject to the provisions of the Act. Subject to the limits shown in the Schedule or Declarations, Added First Pert 'I Benefits consist of the tollowing: 1, Medical expenses as described in tr,e Basic First Party Benefit. 2, Work loss, a. Loss of income, Up to BO% of gross income actually lost by an "insured" as a result of the aLCldent b, Reasonable expenses actually incurred to reduce loss of ",come by hiring (1) Special help, thereby enablino an "insured" to work: or (2) A substitute to perform the work a self.employed "insured" would have performed, However, work loss does not include: a. Loss of expected income or expenses incurred for services performed after the death of an "insured"; or b, Any loss of income, or expenses in. curred for services performed, during the first 5 working deys the "insured" did not work due to "bodily injury" 3. Funeral expenses Funeral 01 bUrial ex. penses actually Incurred if "bodily injury" causes an "insured's" death within 24 months from the date of the accident. 4, Accidental death, A death benefit paid if "bodily injury" causes the death of you or any "family member" within 24 months from the date of the accident. We will pay accidental death to the exec. utor or administrator of the deceased "in. sured's" estete, If there is no executor or administrator, the benefit shall be paid to: a. The deceased "insured's" surviving spouse; or b. If there is no surviving spouse, the de. ceased "insured's" surviving children; or c, If there is no surviving spouse or chil. dren, to the deceased "insured's" es. tate, C, COMBINATION FIRST PARTY BENEFITS If the Schedule or Declarations indicates that Combination First Party Benefits apply, we will pay Combination First Party Benefits in. stead of the Basic First Party Benefit to or for an "insured" who sustains "bodily injury", The "bodily injury" must be caused by an accident arising out of the maintenance or use of a "motor vehicle", These benefits are subject \0 the provisions at the Act. Page 2 of 4 Copyright, Insurance Services Qffice, Inc" 1993 PP 05 51 06 94 Subject to the limits shown in the Schedule or Declarations. Combination First Party Ben- efits consist of the following, as descrrbed in the Basic First Party Benefit and Added First Party Benefits: 1. Medical expenses, 2. Work loss, 3. Funeral expenses, 4. Accidental death, EXCLUSIONS A. We do not prOVide First Party Benefits Cover. age for "bodily injury" sustained by any "in. sured": 1. While intentionally causing or attempting to cause "bodily injury" to himself or any other person, We will not pay accidental death on behalf of that "insured". 2. While committing a felony, 3. While seeking to elude lawful apprehen- sion or arrest by a law enforcement official. 4. While maintaining or using a "motor vehi- cle" knowingly converted by that "in- sured", This exclusion (A.4.) does not apply to: a. You; or b. Any "family member", 5. Who. at the time of the accident. is: a. The owner of one or more registered "motor vehicles", none of which have in effect the financial responsibility re- quired by the Act; or b. "Occupying" a "motor vehicle" owned by that "insured" for which the financial responsibility required by the Act is not in effect. 6, Maintaining or using a "motor vehicle" while located for use as a residence or premises, 7. While "occupying" a: a. Recreational vehicle designed for use off public roads; or b. Motorcycle, moped or similar. type ve- hicle, B. We do not provide First Party Benefits Cover- age for "bodily injury"; 1, Sustained by a pedestrian it the accident occurs outside of Pennsylvania, This ex. elusion (B,1 ,) docs not apply to: o. You; or b, Any "family member", 2. Caused by or as a consequence of: o. Discharge of 0 nuclear weapon (even if accidental); b, War (declared or undeclared); c. Civil war; d. Insurrection; or e, Rebellion or revolution, 3, From or as a consequence of the following, whether controlled or uncontrolled or however caused: a. Nuclear reaction; b. Radiation; 01 c. Radioactive contamination, LIMIT OF LIABILITY A, The limits of liability shown in the Schedule or Declarations for the first party benefits that apply are the most we will pay to or for each "insured" as the result of anyone accident. regardless of the number of: 1, Claims made; 2. Vehicles or premiums shown in the Decla- rations; 3. Vehicles involved in the accident; or 4, Insurers providing first party benefits, B. If Combinatio'n First Party Benefits are af- forded, we will make available at least the minimum limit required by the Act for the Basic First Party Benefit. This provision (B.) will not change our maximum limit of liability, C. Any amounts payable under this coverage shall be excess over any amounts; 1. Paid; 2. Payable; or 3, Required to be provided; to an "insured" under any workers' compen- sation law or similar law, P P 05 51 06 94 Cop,!right, Insurance Services Qffice, Inc.. 1993 Page 3 of 4 PERSONAL AUTO PP 01 51 09 93 AMENDMENT OF POLICY PROVISIONS - PENNSYLVANIA I. DEFINITIONS The Definitions section is amended as follows: A. Definition J, is replaced by the following: "Your covered auto" means: 1, Any vehicle shown in the Declarations, 2. Any of the follo~ing types of vehicles on the date you become the owner: a. A private passenger auto; or b. A pickup or van that; (i) Has a Gross Vehicle Weight not ex- ceeding 9,000 lbs,; and (ii) Is not principally used in any "busi- ness" other than farming or ranch- ing, This provision (2,) applies only if: a. You acquire the vehicle during the pol- icy period; , b. You ask us to insure it within 30 days after you become the owner; and c. With respect to a pickup or van, no other insurance policy provides cover- age for that vehicle, 'If the vehicle you acquire replaces one shown in the Declarations, it will have the same coverage as the vehicle it replaced. 'I au must ask us to insure a replacement vehicle within 30 days only if you wish to add or continue Coverage For Damage To Your Auto. If the vehicle you acquire is in addition to any shown in the Declarations, it will have the broadest coverage we now provide for any vehicle shown in the Declarations. 3. Any "trailer" you own. 4. Any auto or "trailer" you do not own while used as a temporary substitute for any other vehicle described in this definition which is out of normal use because of its: a. Breakdown; d. Loss; or b. Repair: e. Destruction, c. Servicing; This provision (4.) does not apply to Cov- erage For Damage To Your Auto. B. The following is added to the DeIinitions section: K, "Noneconomic loss" means pein and suf. fering and other nonmonetary detriment. L. "Serious injury" means an injury resulting in death. serious impairment of body function or permanent serious disfiguremcnt. 11. PART A - LIABILITY COVERAGE Paragraph A. of the Insuring Agreement of Part A is replaced by the following: INSURING AGREEMENT We will pay damages for "bodily injury" or "property damage" for, which any "insured" becomes legally responsible because of an auto accident. We will settle or defend, as we consider appropriate, any claim or suit asking for these damages, In addition to our limit of liability, we will pay all defense costs we incur. Our duty to settle or defend ends when our limit of liability for this coverage hilS been exhausted, We have no duty to defend any suit or settle any claim for "bodily injury" or "property damage" not covered under this policy. 111. PART E - DUTIES AFTER AN ACCIDENT OR LOSS Part E is replaced by the following: DUTIES AFTER AN ACCIDENT OR LOSS If an accident or loss occurs. the following must be done for the terms of the policy to apply: A. We must be notified promptly of how, when and where the accident or loss happened. Notice should also include the names and addresses of any injured persons and of any witnesses, B. A person seeking any coverage must: 1. Cooperate with us in the investigation, settlement or defense of any claim or suit. 2, Promptly send us copies of any notices or legal papers received in connection with the eccident or loss. 3. Submit. as ohen as we reasonably require: a. To physical exams by physicians we select. We will pay for these exams, b, To examination under oath and sub. scribe the seme, 4. Authorize us to obtain: a. Medical reports; and b. Other pertinent records, 5. Submit a proof of loss when requircd by us. P P 01 51 09 93 Copyright, Insurance Serviccs Office, Inc.. 1993 Panc 1 of 3 C. A person seekin~J Uninsured Motorists Cover- age must also: 1, Promptly notify the police if a hit-and-run driver is involved, 2. Promptly send us copies of the legal pa. pers if a suit is brought. D. A person seeking Coverage For Damage To Your Auto must also: 1. Take reasonable steps after loss to protect "your covered auto" or any "non.owned auto" and their equipment from further loss, We will pay reasonable expenses in. curred to do this. 2. Promptly notify the police if "your covered auto" or any "non-owned auto' is stolen, 3. Permit us to il1sp~ct and appraise the damaged property before its repair or dis- posal. IV. PART F - GENERAL PROVISIONS Part F is amended as follows: A. The Termination provision is replaced by the following: TERMINATION Cancellation. This policy may be cancelled during the policy period as follows: 1. The named insured shown on the Decla- rations may cancel by: a. Returning this policy to us; or b. Giving us advance written notice of the date cancellation is to lake effect. Z. We may cancel by mailing to the named insured shown in the Declarations at the address shown in this policy: a. At leest 15 days notice of cencellation: (1) II notice is effective within the first 60 days this policy is in effect and this is not a renewal or continuation policy; (2) For nonpayment of premium; (3) If the driver's license of the named insured shown in the Declarations has been suspended or revoked after the effective date ii this policy has been in effect less than one year; or if the policy has been in effect longer than one year, since the last anniversary of the original effective date; or b. At least 60 days notice if the policy was obtained through material misrepresen- tation, Our right to cancel this policy is subject to the limitations contained in the applicable Pennsylvania Statutes, Nonrenewal. If we decide not to renew or continue this policy, we will mail to the named insured shown in the Declarations at the ad- dress shown in this policy: 1. At least 15 days notice before the end of the policy period: a. For nonpayment of premium; or b. If the driver's license of the named in- sured shown in the Declarations has been suspended or revoked after the effective date if this policy has been in effect less than one year; or if the policy has been iri effect longer than one year, since the last anniversary of the original effective date, 2. At least 60 days notice before the end of the policy period in all other cases. However, our right to nonrenew this policy is subject to the limitations contained in the ap. plicable Pennsylvania Statutes. Automatic Termination. If we offer to reo new or continue and you or your represen- tative do not accept, this, policy will automatically terminate at the end of the cur- rent policy period. Failure to pay the required renewal or continuation premium when due shall mean that" you have not accepted our offer. If you obtain other insurance on "your covered auto", any similar insurance provided by this policy will terminate as to that auto on the effective date of the other insurance. Other Termination Provisions. 1. We may deliver any notice instead of mailing it, Proof of mailing of any notice shall be sufficient proof of notice. 2. If this policy is cancelled, you may be en. titled to a pramium refund, If so. we will send you the refund. The premium refund, if any, will be computed according to our manuals. However, making or offering to make the refund is not a condition of can- cellation, 3. The effective date of cancellation stated in the notice shall become the end of the policy period. ' Page 2 of 3 Copyright, Insurance Services Qffice, Inc.. 1993 PP 01 51 09 93 POLICY NUMBER PERSONAL AUTO PP 04 23 06 9S UNINSURED MOTORISTS COVERAGE - PENNSYLVANIA (STACKED) I. Part C . Uninsured Motorists Coverage is replaced by the following: Description of Vehicle SCHEDULE UNINSURED MOTORISTS COVERAGE Limit of Liability $ $ $ Premium' $ $ $ INSURING AGREEMENT A, We will pay compensatory damages which an "insured" is legally entitled to recover from the owner or operator of an "uninsured motor vehicle" because of "bodily injury":, 1. Sustained by an "insured"; and 2. Caused by an accident. The owner's or operator's liability for these damages must arise out of the ownership, maintenance or use of the "uninsured motor , vehicle", No judgment for damages arising out of a suit brought against the owner or operator of an "uninsured motor vehicle" is binding on us unless we: 1, Received reasonable notice of the pendency of the suit resulling in the judg- ment; and 2. Had a reasonable opportunity to protect our interests in the suit: B. "Insured" as used in this endorsement means: 1, You or any "famiiy member". 2, Any other person "occupying" "your cov- ered auto', 3. Any person for damages that person is entitled to recover because of "bodily in- jury" to which this coverage applies sus- tained by a person described in 1. or 2. above, C, "Uninsured motor vehicle" means a land mo- tor vehicle or trailer of any type: 1, To which no bodily injury liability bond or policy applies at the time of the accident. 2. Which is a hit.and-run vehicle whose op. erator or owner cannot be identifred and wtlich hits or which causes an accident resulting in "bodily injury" without hitling: a. You or any "family member"; b. A vehicle which you or any "family member" are "occupying"; or c. "Your covered auto". If there is no contact with the hit.and.run vehicle, the facts of the accident must be proved, 3, To which a bodily injury liability bond or policy applies 'at the time of the accident but the bonding or insuring company: a, De'nies cove'rage; or b. ts or becomes: (1), Insolvent: or , (2) .1~vo,lved in insolvency proceedings, However, "uninsured motor vehicle" does not include any vehicle or equipment: 1. Owned by odurnished for the regular use of you or a'ny "family member". 2, Owned or operated by a self-insurer under any applicable motor vehicle law, except a self-insurer which is or becomes insol. vent.: 3. Owned by any governmental unit or agency, 4, Operated on rails or crawler treads, S. Designed mainly for use off public roads while not on public roads, 6. While located for use as a residence or premises. PP 04 23 06 95 Copyright, Insurance Services Qlfice, Inc" 1994 Page 1.of 3, EXCLUSIONS A, Wc do not providc Uninsurcd Molorists Cov. cr~[Ic for "bodily injury" SllstJincd, 1. By you wl,ilc "OCCllPYII1[l", or whcn slruck by, <lny molor vchir.lc you own wbich is not insurcd lor this covcrJ[lc undcr this policy, This includcs a trJilcr 01 any typc uscd with thai vchiclc, 2. By a "family mcmhcr": a, Who owns an auto, while -occupying". or whcn struck by, ariy molar vchlclc own cd by you or any "family mcmber" which is nol insurcd lor this covcrage undcr Ihis policy. _ This includcs a trai.ler of any type used wil.h that vehi., cle, b, Who docs not own An auto, while "oc. cupying", or when struck by, any motor vehicle you own which is insured for this coverage on a primary basis under any other policy, B, We do nol provide Uninsured Molorists Cov- erage for "bodily injury" sustained by any "insured": ' > 1. II that "insured" or the legal represen. tative settles the bodily injury claim with. out our consent. However, this exclusion (B,1.) docs not apply if such sclllement does not adversely affec1 our rights, 2. While "occupying" "your covered auto" when it is being used as a public or livery conveyance, This'exclusion (B,2,) does not apply to a share-the-expense car pool. 3. Using a vehicle without a'reasonable be- lief that that "insured" is entitled to do so, C, We do nor provide Uninsured Motorists Cov- erage for "noneconomic loss" sustained by any "insured" to whom the limiled tort aller- nalive' applies, resulting lrom "bodily injury" caused by an accident involving an "uninsured molar vehicle", unless the 'bodily injury" sustained is a "serious injury". This exclusion (C.) does not ap'ply: 1. If IIle owner or operator of the "uninsured motor,vehicle": a, Is convicted, or accepls Accelerated Rehabilitative DispOSition, for driving under the inrtuence of alcohol or a controlled substance in thai accident; b, Is operating a motor vehicle registered in another stale: or c, Intends 10 injure himsclf or anothcr plJrson, provided that thc individual docs not intcntlonJlly injure himsclf or an(1thcr pcrson mcrcly bccausc his act or failurc 10 act is intcntional or donc wilh his rcalizJtion th~l il crcJtcs J grJve risk of causing injury if thc act or omission causing thc injury is for thc purposc of avcrting bodily harm to hlmsclf or anothcr pcrson, 2,lf thr,t "insurcd' is injured whilc "occupy. ing" a motor vchicle insurcd under a commercial molor vchicllJ il1~urancu pol- icy, D. This coveragc shall not apply dircctly or indi. _ reclly to bcnolit any insurer or self.insurcr under any of thc following or similar law: 1. Workers' compcrsfJtlon law; or 2. Disability benelits law E, We do not provide Uninsured Motorists Cov. erage for punitive or exemplary damages. LIMIT OF LIABILITY A, Except as provided in paragraph Boo thc limil of liability shown in the Schedule or in the Declarations for Uninsured Motorists Cover- agc is our maximum limit of liability for all damages resulting from any one accident. This Is the most 1'10 will pay regardless of the number 01: , 1. "Insureds"; 2. Claims made; 3. Vehicles or premiums shown in the Schedule or in the Declarations; or 4, Vehicles involved in the accident. B, If "bodily injury" is sustained in an accident by you or any "family member", our maxi" mum limit of liability for all damages in any such accident is the sum of the limits of li- ability for Uninsured Motorists' Coverage shown in the Schedule or in the Declarations applicable to each vehicle, Subject to this maximum limit of liability for all damages, the most we will pay for "bodily injury" sustained by an "insured" other than you or any "family member" is the limit of liability shown in the Schedule or in the Declarations applicable to the vehicle the "insured" was "occupying" at the time 01 thc accident. This is the most we will pay regardless of the number 01: 1. "Insureds"; 2. Claims made; Page2of3 Copyright. Insurance Services Qflice. Inc" 1994 PP 04 23 06 95 3, Vchiclcs or prcmiums shown in thc Schcdule or in thc Dcclarations; or 4, Vehiclcs involvcd in thc accidcnt. C, No onc will bo cntillod to reccive duplicate payments for the samc elemcnts of loss un- der this coveragc and: 1, Part A or Part B 01 this policy; or 2. Any Underinsurcd Motorists Coverage provided by this policy, O. We will nol make a duplicale payment under this coverage for any element 01 loss for which payment has been made by or on be. half of persons or organizations who may be legally responsible, This includes all pay. menjs made te an "insured's' allorney either directly or as part of the payment made to the "insured", E, We will not pay for any elemcnt 01 loss if a person is entitled to receive payment for the same element of loss under any 01 the 101. lOWing or similar law: 1, Workers' compensation law; or 2. Disability bene~ts law, OTHER INSURANCE If therc is other applicable similar insurance available under more than one policy or pro- vision of coverage: The lollowing priorities 01 recovery apply: First The Uninsured Motorists Coverage applicable to the vehicle the "insured" was "occupying" at the time of the accident. Second The policy alfording Uninsured Motorists Coverage to the "insured" as a named insured or family member. If two or more policies have equal priority, the insurer against who'11 the claim is first made shall process and pay the claim as if wholly re- sponsible for all insurers with equal priority, The insurer is thereafter entitled to recover contrib. ution pro rata from any olher insurer for the benefits paid and the costs of processing the claim, If we are the insurer against whom the claim i5 first made, we will pay, subjcct to the limit of li- ability shown in the Schcdulc or in thc Declara- tions for Uninsured Motorists Coveragc, after wc and all olhcr contribuling insurers agrec: 1. Whethcr the "insured" is legally entitled to rccovcr damagos from thc owner or op. erator of an "uninsured motor vchicle"; and 2, As to the amount of damages, ARBITRATION A. If we and an "insurcd" do not agree: 1. Whethcr that "insured" is Icgally entitled to recovcr damages; or 2. As 10 Ihe amount of damages which are recoverable by that "insured"; From the owncr or opcrator of an "uninsurcd motor vchicle" Ihcn the mailer may be arbi. trated, Eithcr party may makc a written demand for arbitration, Arbitration shall be conductcd in accordancc with tho provisions of the Pellnsylvanid IJ,';for", Arbitration Act. Each party will sclect an arbitrator, Thc two arbitrators will sclcct a third, II they cannot agrec within 30 days, cithcr may requcst that sclcction bc madc by a judgc of a court hav. ing jurisdiction, B. Each party will: 1, Pay thc expenses il incurs; and 2. Bear the expenscs of the third arbitrator equally, C, Unless both parties agree otherwise, arbi. tration will take place in thc county in which the "insured" lives, Local rules of law as to procedure and evidence will apply, A deci- sion agreed to by two of the arbitrators will be binding, 11. PART F. GENERAL PROVISIONS The fallowing is added to the Two Or More Auto Policies provision of Part F: TWO OR MORE AUTO POLICIES 1. This provision does not apply to Uninsured Motorists Coverage, 2. No one will be entitled to receive duplicate payments for the same elements of loss under Uninsured Motorists Coverage. This endorsement must be attached 10 thc Change Endorsement when issucd after Ihe policy is written, PP 04 23 06 95 Copynghl. Insurance Scrvices Q([ice, Inc" 199.1 Page 3 of 3 Exhibit B 0:07" , -=-P;R- 7-9'8 TUI':: ( ( . :. . '" , j.'. , " 'J ~: .:! . . :, :.~'i ,~: . : I.", ..11'. I il,l"" ~ ,'.' , I ' ': ;: ! '. 'f. I'" .williilf" 1'. 0011&1... C>q, SUi',eme Courll,D,J 37926 0\'H1Slul OIHlSItIJ &; DQugl", 27 W. U1Kb 51, I'OD 201 C.,II,to Po 17013 Te'ephone 717.243.1790 _ r-'Helga"H'ilo"d;'\iiiW:VIifualJ'y;"Annc-i\1:-'""""Til'liic"Co'u'fi"ilrcom"miiii"Fieas"ilf''''''' ': CQX, A~ininiSlratrixof the estate of Cumberland County Pennsylvania 'GuJnar Hood,'deceascd, in their own . '" ~, r: I . '. . " . 1,i:~~a,~i,tY ~nd, a~.~sslgnccs ofCNA , I" ,', '.'Insurance ,Co.mpany , I " l'laintiff '\' 1996 -13330vil Term t vs I II I S~cUa~. KUl1ns, i.p ~lcr cap.\city as , I Adnii,nisfr~lri~ ?f the Estate of i i John W. Kuhns I I I jury Trial Demanded I Defendant I Civil Action LaW (.....-...,.,....................."...........-.........-...................-........-....-...-........................-.---........-...-..............-.--.................................. COMPLAINT NOTICE I YOU IIA YE:llETIN SUED IN COURT. Il' YOU WISH TO OEFEND AGAINST TIm a.AIMS SeT i FOR'm IN'TIJE FOU:OWlNG IWir,so YOU MUST TAKE AenON wmnN TWENTY DAYS ,I ,i\F'd~R mls 'COMPLAINT AND NOTICE ME SERVED. BY EmTIRlNG ^ WlUTtEl'l' ,;: '; , :i:A,P~M&\~CE ,pliRS91-rA.!:.L Y OR BY A-j'i'QRN,i:Y AND !'lUNG IN WRIfING WI:lll TI!E CPURT !';: "'1 'I.' ,il:'1Jl4,1?,f>.F;l.:tJ~SF~9~,onmCmNST9,,"{Illl~LAJMS SI:-.. FORTH AGAINST yOU; yoti ^~ !Ix;.: :\':;I',;.y,~il{ W,:\T IJ' Y9.U,FAIU'0 po ,SO. Tllfi CAS!! MAY PROCEl.'D WIl'IlqUT yqu~: ~ , "JUOOME."fr MAY FE ENffiREI) AGAL"IST YOU BY THE COURT WlTIIOl1f FURTHER NOTICJ;: POR ANY MONEY CLAlMED IN THE COMPI.AINT OR FOR ANY OIlIER CLAiM OR Rf-.I:IF.P ,RE~'JES'JE) BY mE FtAIN11FF. YOU MAY LOSfl MONEY OR PROPERTY OR OTHER , RJG\lTS IMPORTANT TO YOU. i;Y911 ~fI,q9LD'lW!illJ.'HJS rAl~~~l'O YOUR LAWYER AT Ol'lCE. If YOU DO : NO'),',l[~:V~A 1..A,'Y:YI~~OR CANNOT AF1"OlW ONE, CO TO OR n;l.m'nqNE, Tl~E : O[o'~lCE SET F9RT!I ,llm.ow TO FiND OUT WHERE YOU CAN CET I.EGAL HEl.P. , CU'1)berland County Bar Assoclation 2 Liqcrty AVenue CArlisle, PA 17013 717 :249,3166 ! ' ! ;:: J;~ft :[, ;q'~ : :1 ,! , ',!. ;, - " I : , , , , , Da\e: M~rch 2, 1998 By TFlUf. COpy HICM nECORD In T;jf::.im~'my. t(~,e:-:ar..rf, 1 tl~Hi ur!io.;~ my h~rld .nlj il;'i) ~I 01 t,",;O C;;'jrt at C~rU~, Pa. TI\!3~r:.;y 01 ~1.f1M:JJ.., )J!~ "...",.-,..W.b .fLf.S1YJ0'~,Ul!!D0~ 13.03 , ; " . ~; ..I,; .J :'~. -.'.:;:" f':l P.R - 7 - 9 8 ,.. U E: E1 : 0 Et ( (; Complaint 1. The plaintiffs are, Helga HOlld, Individually, and Anne M. Cox, AdllllnlslTatrix of the Estate of GunnM Hood, In their own capacHy and as asslgnccs of CNAlnsurance Company, have a mailing address of 27 W. I-llgh St., Carlisle, Cuml~erland County, Pennsylvania. 2. The defendant is, Sheila 1. Kuhns, in her capacity as Administratrix of ,,:i', L, 'i:' ,\~,~)!s,t~t~ 9fJo\mW. ,Ku)ms, appoll1f:d b~ the Register of Wills in and for 'I'''-;! :;: +.;!.i!,':'i'.N?~.U~ul1lb7rlill1~ c:~u~ty! P.e,nnsylvallla, wIlh an address of 315 Patton Road, NorthumverlandCounty, Pennsylvania. 3. On or about, O~tober 9,1996, the decedent, Gunnar Hood, was operating "it mO,tor vehicle: in: 'an edslinly:.:di:reclioll on Walnut Bottom Road, ,Shippehsbtirg Township, Cui11bei'1,i,ii~ County, Pennsylvania, 4. On or ,about O~tobcr 9, 1996, the decedent, John W. Kuhns, was operating.a moto(vphicle in an w~st~rly direction on Walnut BoHom Road, Shippensburg !o'lipship, Cumberland County, Pennsylvania. 5. The vehicle operated by John W. Kuhns crossed the centerline and mUided with the Hood vehi~le, Both drivers were killed as a result of the injuries they sustained in the accident. 6. The vehicle, operated by JOhll W. Kuhns, that struck and kllled Gunnar Hood, was owned by Jess Jones d/b/a J&J Carbide. ~ .' L. J' .:'.: :.1:".... . . :. I,' ":~ : 7. The ,accident was caused by the negligence of John W. Kuhns and he , W~5 ",egligent in the following respects; a)' in f~nili.g' to maintain a proper lookout; b) in (ailing to yield one half of the roadway to oncoming traffic; c) in failing to operate his vehicle in the proper lane of travel. 8. Gunnar Hood is, survived by ,his mother, Helga Hood. 9. Anne M. Cpx was appointee! Atjl1linistratrix of the Estate o{ Gunnar Hood by the CtU11gerland County Register of Wills on November 7, 1996. P. '-1.. .. ., , ':';.'I,~F. I .t' .. ,~ . -:;.:.:.j; t=lPR- 7-98 TUl;: 8:00 P.€)'5 . 'l"" \ ~ ..,..~",-..,..._...........".~<" - ....,...........".."."......-.-.,.. c c , . Count 1 WIongnl1 DC.lth pursuant to 42 POl. C.S.A. ~ 8301 10. The allegations In paragraphs 1 through 9 are incorporated herein and reference Is made thereto as U fully set forth ilt length, :i ,I i. \!. i;,. 'j "I'I r,' ,~; .: .:\ I'... I . ,<.'- , 11. As a direct and proximate result of the defendantOs negligence, the sllrvlvlng mother of the decedent had an expectancy of dependence upon ,him; for;her (uture s!-,pport and livelihood. As a result of his death she has 'been ,deprived 'of such expcclcd support and livelihood and, hils, suffered ,H:~l.~mil,&e, ~hcreby. ",1 . "i2. 'Dyreas'on 'bf the death cf Gunnar Hood, Helga Hood, his survlVlng mother, hilS been dcprived of her son's society, services and comfort. I I . '..::':~~~ ;':.i' ... ." , 13. 'A~ a dire,ct ilI\d, prq~imilte ,mult of tile decedent's lU\limely death, his ;'E'state: h~clmed, medicilHand bljrial expenses as a result of defendantOs Mglii;eh~ acts and/ or omissions. These ilfJ'lOUnts ilrc as follows: " FUI1eral !I1;1d Burial: , Estate Administration Expenses: Cumberland Valley Hose Ambulance: 'Chambersburg Hospital: ' TOTAL: $7,623.38 $34.00 $562.50 $133.00 $8,352.88 ,,' , tr ; i,:,:'\'YH~~~fO!\Ei it is Ptllyed that judglllmt be eIItered in favor of tlte p/{lI/1t.iff ',~J.i>k ,L::~i::f;,q.l,1,d.)gaf.J'~t,t~~,defe!l!I(ln!~ ,i,n. a~:,ili1l0111lt i/1 exc~ss of 1111 1I/II01{nt :r~fJllj~ilig, ,"~;k~'V+ ",,,j,;:,ic9mpu.lf?9ry referral" fa ',arb,ltratlO/1' plus costs of 5111t. , , ,: J~ ~./':;J~1~{ :i " ',' Exhibit C Exhibit 0 Exhibit E '. , , WILLIAM p, DOUGLAS. ESQUlRE ATIY.I.D. # 37926 DOUGLAS. DOUGLAS /.< DOUGLAS 27 WEST HIGH STREET p,O. BOX 261 CARLISLE. PA. 17013 717-243-1790 ATIORNEY FOR PLAINTIFF Helga Hood, individually; Anne M. Cox, Administratrix of the estate of Gunnar Hood, deceased, assignees/subrogees of Shiela 1. Kuhns, in her capacity as Administratrix of ~e Estate of John W. Kuhns, deceased In the Court of Common Pleas of C\lmberland County Pennsylvania 1998 - 'f /.2 ( Civil Term Plaintiff vs. Pennsylvania National Insurance Company alkla Penn National Insurance Jury Trial Demanded Civil Action Law Defendant COMPLAINT NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY DAYS AFTER TIDS 'COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A wRITTEN APPEARANCE PERSONALLY OR BY ATIORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE wARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR J;NY MONEY cLAIMED IN THE COMPLAINT OR FOR J>.NY OTHER CLAIM OR RELIEF REQUESTED BY Tm PLAINTIfF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. yOU SHOULD TAKE TIDS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County B3l' Association 2 Libeny Avenue Carlisle. Pennsylvania 17013 TELEPHONE: 717-249-3166 BY TRUE COpy FROM RECORD In Testimony whereof, I here unto sat my hand and the sea! 01 $.'lid COIJ; at, CarHs!e, Pa. This JIM day oiL "~, , 19. '19 _, ' ( ). "u (;' Ii" P~. , , ~~0" . I I . .. , Prothonotarv . _ "._. ,", " Complaint 1. The plaintiffs, Anne M. Cox, administratrix of the Estate of Gunnar Hood, deceased and Helga Hood, individually, and as assignees and/or judgment creditors and/or subrogee of Sheila 1. Kuhns, in her capacity as Administratrix of the Estate of John W. Kuhns, deceased, have a mailing address of 315 Patton Road, Northumberland County, Pennsylvania. 2. The defendant, Pennsylvania National Insurance Company a/k/a Penn National Insurance (PEt'JN NATIONAL), is a corporation licensed to do business in the Commonwealth of Pennsylvania, with a place of business located at 2 North Secord Street, Harrisburg, Dauphin County, Pennsylvania. With respect to all matters contained herein the defendant PENN NATIONAL was acting by and through their agents within the scope of their employment. 3. On October 9, 1996, the assignors had a policy of insurance with PENN NATIONAL, bearing a policy number of 100 0330891. 4. On or about October 9, 1996, the decedant John W. Kuhns was operating a vehicle owned by his employer which was covered with excess insurance through the policy issued by PENN NATIONAL. 5. On the aforesaid date, while driving on the Walnut Bottom Road, in Shippensburg Township, Cumberland County Pennsylvania the decedent, John W. Kuhns, crossed the centerline of the roadway and struck a vehicle being operated by Gunnar Hood. 6. As a result of the collision both men were injured and killed. 7. The accident happened as a direct result of the negligence of the decedent John W. Kuh.!1s. 8. Sheila 1. Kuhns, in her capacity as administratrix of the Estate of John W. Kuhns, did not contest liability in the underlying action for the happening of the accident. 9. The aforesaid policy of insurance, the declaration page which is attached hereto and made a part hereof, provided for a legal defense for the Estate of John W. Kuhns, and for liability coverage in the amount of Thirty Five Thousand Dollars ($35,000.00). 10. The policy in question provided for excess coverage when the insured was operating a vehicle owned by someone else which did not have a sufficent amount of liability coverage. 11. By letter dated April 17, 1996, PENN NATIONAL wrongfully denied coverage to the Kuhns Estate under their automobile insurance policy, which provided coverage for the event giving rise to the lawsuit docketed at 1998 - 1333 Civil Term, Civil Action - Law, in the Court of Common Pleas of Cumberland County, Pennsylvania. 12. PENN NATIONAL wrongfully denied a defense to the Kuhns Estate under their automobile insurance policy with the Kuhns. 13. PENN NATIONAL did fraudulently, knowingly and intentionally misrepresent and deceive' Sheila 1. Kuhns, with respect to the availability of ,coverage under their policy of insurance. 14. PENN NATIONAL has friviously and with no foundation for their actions, refused to pay proceeds under their policy of insurance and provide a defense in accordance with the terms of the policy. 15. Final judgment in the amount of $782,219.00 has been entered against the Estate of John W. Kuhns and in favor of the Estate of Gunnar Hood in the above captioned action docketed at 1998 - 1333 Civil Term, Civil Action - Law, in the Court of Common Pleas of Cumberland County, Pennsylvania. A judgment in the amount' of $108,352,88 has been entered in favor of Helga Hood and against the Estate of John W. Kuhns, for the wrongful death of herson, Gunnar Hood. 16. The bad faith conduct of PENN NATIONAL gives rise to a cause of action pursuant to 42 Pa. c.S.A. 98371. 17. On July 17,1998, Sheila 1. Kuhns, Administratrix ofthe Estate of John W. Kuhns, deceased, assignors and/or subrogors, for valuable consideration, assigned to the plaintiffs all their right, title, and interest in and to the claim described in this complaint. The plaintiff is now the true and lawful owner of the claim. A copy of the written agreement is attached hereto and made a part hereof. 18. ,The defendant failed to acknowledge and act promptly upon written or oral communication with respect to claims arising under the aforementioned contract of insurance. 19. The defendant failed to promptly and completely investigate all claims arising under the aforementioned contract of insurance, by reason of the aforesaid incident. .. 20. The defendant refused tc provide coverage and a defense to the Estate of John W. Kuhns, pursuant to their contract of insurance. 21. The defendant did not act in good faith to effectuate prompt, fair and equitable settlement of this claim, knowing that liability is clear and coverage applies, and as a result, the plaintiffs have been forced to incur expense to protect their interests. 22. The defendant failed to promptly provide a factually sound explanation for the basis of denial in the insurance policy in relation to the facts or applicable law for denial of the claim or for the offer of a compromise settlement. 23. The defendant has willfully, maliciously and/or recklessly withheld benefits from,the plaintiffs, due to its failure to investigate the claim thoroughly which constitutes a breach of an implied covenant. 24. The defendant, in bad faith, has denied payment on behalf of its insureds without a legal basis for its denial and in not fully inquiring into the possible basis which might support the insureds' claim of coverage and defense. 25. PENN NATIONAL has deliberately acted in conscious disregard and with indifference to the rights of their insured. Count One Breach of Contract 26. Paragraphs 1 through 25 are incorporated herein by reference thereto. 27. The defendant impliedly and/or expressly warranted that it would, in good faith, provide insurance coverage to the Estate of John W. Kuhns, in accordance with the contract and abide by the terms of said contract. 28. As a result of the aforesaid, the defendant breached its contract and/or warranty, which breach resulted in monetary loss to the plaintiffs as well as aggravation, inconvenience and emotional distress. Wherefore it is prayed that judgment be entered in favor of the plaintiffs and against the defendant in an amount in excess of that requiring compulsory referral to arbitration. A jury trial is hereby demanded. ". '. . . . . Count Two Bad faith pursuant to 42 Pa.C.S.A. 98371 29. Paragraphs 1 through 28 are incorporated herein by reference thereto. 30. Plaintiffs' damage and loss were directly and proximately caused by the reckless, and/or wanton and/or willful misconduct of the defendant without regard to the rights of their insureds. 31. The actions of the defendant were recklessly, wantonly and willfully done for the purpose of causing harm to the insureds. 32. Having full knowledge of the severity of the claims made against the Estate of John W. Kuhns, the defendant did recklessly, wantonly and willfully fail to take reasonable and necessary steps to settle the underlying claim. 33. The defendant had the opportunity to settle the underlying claim for $35,000.00, but ignored said requests and thereby refused to do so. 34. The defendant did recklessly, wantonly and willfully refuse to resolve the claims of the plaintiffs in the underlying action and handled said claims with reckless indifference to the rights of the insureds in this action. 35. The conduct of the defendant was outrageous, oppressive and recklessly indifferent to the rights of their insureds. 36. As a direct and proximate result of the defendant's reckless, wanton and willful disregard for the rights of the insureds, the aforesaid loss did occur. 37. The plaintiffs hereby request all remedial relief as provided in 42 Pa.C.S.A. s8371 and payment in full of the underlying judgment. Wherefore it is prayed that judgment be entered in favor of the plaintiffs and against the defendant in an amount in excess of that requiring compulsory referral to arbitration. A jury trial is hereby demanded. Respectfully Submitted, , July 21 , 1998 William P. Dougla sq. A ttorney for the Plai tiffs 7. Denied. The allegation is a conclusion of law and/or fact 10 which no answer is required. To the extent that an answer may be required, the allegation is specifically denied. 8. Denied. After reasonable investigation, the Defendant is without information and knowledge sufficient to form a belief as to the truth of the allegalions. 9. Denied. The policy of insurance is a written document which speaks for itself and, therefore, any attempt to interpret, summarize or characterizE: such document is denied. 10. Denied. The policy of insurance is a written document which speaks for itself and, therefore, any attempt to interpret, summarize or characterize such document is denied. 11. Denied. The allegations are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, the allegations are specifically denied. 12. Denied. The allegation is a conclusion of law and/or fact to which no answer is required. To the extent that an answer may be required, the allegation is specifically denied. 13. Denied. Tne allegations are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, the allegations are specifically denied. 14. Denied. The allegations are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, the allegations are specifically denied. - 2 - 23. Denied. The allegations are conclusions of law and/or fact to which no answer is required. To the extent that '3n answer may be required, the allegations are specifically denied. 24. Denied. The allegations are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, the allegations are specifically denied. 25. Denied. The allegations are conclusions of law and/or fact to which no answer is required. To the extent, that an answer may be required, the allegations are specifically denied. COUNT ONE BREACH OF CONTRACT 26. The answers set forth above in Paragraphs 1 through 25 are incorporated herein by reference. 27. Denied. The allegations are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, the allegations are specifically denied. 28. Denied. The allegations are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, the allegations are specifically denied. WHERF.:FORE, Defendant Pennsylvania National Insurance Company demands judgment in its favor and against Plaintiffs. COUNT TVIJO - BAD FAITH 29. The answers set forth above in Paragraphs 1 through 28 are incorporated herein by reference. -" - WHEREFORE, Defendant Pennsylvania National Insurance Company demands judgment in its favor and against Plaintiffs NEW MATTER 38. Plaintiffs' Complaint fails to state a cause of action upon which relief may be granted. 39. On October 9, 1996 John W. Kuhns was the named insured under a personal automobile policy issued by Defendant with effective coverage dates of July 20, 1996 through January 20, 19~7 (hereinafter "the policy"). 40. The specific covered vehicles under the Policy were identified In the Declarations as a 1955 Willys truck and a 1995 Mercury Sable GS. 41. The Policy defines "your covered auto" to mean any vehicle shown in the Declarations. 42. The Policy contains the following exclusion from liability coverage: B. We do not provide Liability Coverage for the ownership, maintenance or use of: + + 2. Any vehicle, other than "your covered auto," which is: a. owned by you; or b. furnished or available for your regular use. 43. On or about October 9, 1996 John VV. Kuhns was involved in a motor vehicle accident while operating a 1994 Chevrolet Suburban Silverado owned by his employer, Jess Jones Vd/b/a J & J Carbide. 44. As a result of the aforesaid motor vehicle accident both John W. Kuhns and Gunnar Hood, the operator or the other involved vehicle, sustained fatal injuries. - 6- 45. The 1994 Chevrolet Suburban Silverado being operated by John W. Kuhns at the time of the aforE'said accident was not listed or identified in the Policy Declaration!; a~ .:; covered vehicle. 46. The 1994 Chevrolet Suburban Silverado was not a "covered auto" under the Policy. 47. The 1994 Chevrolet Suburban Silverado was furnished or available for John W. Kuhns' regular use. 48. The personal al!to policy issued by Defendant confirmed to all applicable Pennsylvania law and the decision made by Defendant was based upon its "fairly debatable" interpretation of the insurance contract and any applicable law. 49. Defendant did not act in bad faith and Plaintiffs cannot prove by clear and convincing evidence that Defendant's conduct amounted to bad faith. 50. The conduct of Defendant in this matter does not rise to the level of willful misconduct and accordingly, no award of punitive damages would be proper. 51. Litigation of and an award of punitive damages in this action is and would be violative of the constitution of the United States of America and the Commonwealth of Pennsylvania. - 7- . Exhibit G 3 1 STIPULATION 2 It is hereby stipulated by and between counsel 3 for the respective parties that sealing, certification and 4 filing are hereby waived; and that all objections except 5 as to the form of the question are reserved to the time of 6 trial. 7 8 JESSE JONES, called as a witness, being duly 9 sworn, testified as follows: 10 EXAMINATION 11 BY MR. FOLAND: 12 Q Mr. Jones, thanks for inviting us to your place 13 of employment today to take your deposition. We 14 appreciate your time. My name's Brooks Foland. I'm here 15 on behalf of Penn National Insurance company in a lawsuit 16 that's been filed arising out of the unfortunate accident 17 that happened back in October of 1996, involving one of 18 your former employees, John Kuhns, I believe it is. 19 A Right. 20 Q And we're here today to ask you some questions, 21 not necessarily about the accident, but about what Mr. 22 Kuhns did for you and your vehicles, and that kind of 23 thing. Have you ever submitted to a deposition before? 24 A No. 25 Q A deposition is a question and answer session. 10 11 12 13 14 15 4 1 Mr. Douglas and myself will ask you some questions about 2 Mr. Kuhns' employment, those kinds of things, and we'll 3 ask that you give us verbal responses to our questions. 4 A Okay. Q That's because the court reporter is typing all this down. Is that fair? A Yes. Q And I' 11 ask that only one of us speak at one 5 6 7 8 9 time so that she can type it down. Is that fair? A Yes. Q And if you answer a question that I ask, I'll assume two things. I'll assume that you both heard and understood the question. Is that fair? II '<~ ..'}.. : '~ , I , I A Yes. 16 name for the record? Q Could you state your name for the record, full 17 18 19 20 21 22 A Full names's Jesse Donald Johns. Q That's J-E-S-S-E? A Right. Q Have you ever given a deposition before? A No. Q The deposition transcript that will be produced 23 after we meet here today can be sent to your house for you 24 to verify it. Not to change anything that's in there, but 25 to verify whether or not something was typed incorrectly 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 by the court reporter. Now, that decision to make is yours. You can either decide to get that transcript at your house and read over it and make changes that are incorrect, or you can rely on what the court reporter is typing down today and just waive that. Do you have any preference, or would you like to wait until the end of the deposition to tell us what you want to do? A Yeah, I'll wait until the end. Q I'll make a note of that. I ask yeu that because you're not represented here today by counsel, you're here as an independent witness, Mr. Kuhns' employer, that's why I have to ask whether or not you you'd like to do that. A All right. Q Are you on any medications here today that would affect your ability to be truthful in response to any questions here today? A No. Q Can you tell us where you currently reside, Mr. Jones? A R.D. 5, Danville, Pennsylvania. Q And your home phone number, sir? A 275-0593. Q What's the zip at R.D. 5 there? A 17821. 6 1 Q So the court reporter can mail that to you if 2 you need to. 3 Do you have any kids? I know you do; we just 4 talked about it. 5 6 7 8 9 10 11 educational background? 12 13 14 15 16 17 18 19 A No, I got drafted, went to viet Nam, and then 20 we started this business -- well, not this business, but a 21 previous carbide business in 1971, with my father and 22 brother. 23 Q What was that business called? 24 A It started out as Badger Service Center. That 25 was a subsidiary of Wisconsin Knife Works. And we bought A One son. Q What's his name? A Michael. Q He's age 30, right? A 29 right now. Q And very briefly, can you give me your A Just high school. Q Where did you go to high school? A D?nville, Pennsylvania. Q When did you graduate? A 1966. Q What did you do after that, 1966, go into business or work for somebody? What did you do? 7 1 that franchise out and started Watsontown Tool Company. 2 Q What year would that have been that you 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 purchased that and turned it into Watsontown Tool? A I think it was 1972 . Q And you say that you were in the carbide business. I don't know a lot about that. Can you tell me what that business is? A We manufacture and service carbide saw blades and wood working cutters for the wood working industry, plastic industry, nonferrous metals. It's like saw blades, router bits, shear shaper heads, things like that. Q What was your capacity at Watsontown Tool? Are you president or vice president? A No, I found out the hard way all I was, was an employee. Q Your father or brother ran the show? A No, my father did. It was supposed to be an equal partnership, but we found out the hard way that sometimes you can't even trust your father. If it's not on paper and in the courts, you don't have anything, and that's what we found out. Q How long did you operate as Watsontown or work for Watsontown Tool? 1>. Till 1982. Q What happened then? 8 1 A Well, we had a partnership disagreement, and my 2 father forced my brother and I out of the business. 3 Q What's your brother's name? 4 A Eugene. 5 Q What did you do at that point? 6 A At that point we -- we went to the bank and put 7 everything we owned, our homes and stuff up, mortgaged 8 them to borrow the money to start J & J Carbide in 1982. 9 Q Does J & J Carbide do the same thing, so you' 10 have bits, routers -- 11 A Same thing, Exact same thing. 12 Q Is J & J Carbide a partnership? 13 A No. It was when we started, it was a 14 partnership. But then I bought my brother's interest, 15 it's been four and a half years ago, I became the sole 16 owner. 17 Q Approximately 1995? 18 A Yeah. 19 Q Now it's operating as a sole proprietorship? 20 p, No, it's an S corporation now. 21 Q S Corp. how long has it been an S Corp? 22 A Almost two years. 23 Q Do you have any idea about a month and a year 24 that you were incorporated, the best you can? 25 A Well, it was after the accident. I'm trying to 9 ], 2 3 4 think. When would that have been in I think January of 1998. i, Q '917 A ' 97, I mean. Q That's okay to do that. If you don't know 5 6 months and dates, just tell me you're approximating. 7 So from 1995, when you bought out your 8 brother's interest until, say, January of ' 97 I you were 9 running J & J as a sole proprietorship? 10 A Right. 11 Q Let's talk about what J & J was doing back in 12 1996. Let's try to focus in on that year. Can you recall 13 how many employees J & J had at that point? 14 A It would be 9 or 10. I stayed at that figure 15 for the last probably six or seven years. We have stayed 16 right around that figure, anywhere from 8 to 10 maybe, in 17 there. It varies. 18 Q It varies because this business changes or is 19 cyclical in nature? 20 A It changes with the economy. It's affected 21 quite a bit by if economy. 22 Q Affected by the lumber industry, too? 23 A Lumber industry. Weather. It's really funny. 24 We deal with so many companies, that's why it fluctuates. 25 We'll see the recession coming, the next one, before most m_~..___. __ ._..,._~,~._ _ . 10 1 people realize it's coming because we work with so many 2 different people. 3 Q Who do you cell to? 4 A You know, your major manufacturing companies 5 that deals with your wood working or plastic industry, 6 aluminum industry. 7 Q But you sell to the saw manufacturers? 8 A No, we sell to the factories, the industries 9 themselves. 10 Q Whether it be a lumber yard or -- 11 A It would be a lumber yard, it can be like 12 Triangle Pacific corporation, Appalachia Wood, cabinet 13 Industries, make stereos or TVs, your aluminum plants, 14 conair Aluminum, Aluminum Extrusions, your crestline 15 Plastics down your way where they make the sewer pipes and 16 stuff, plastic pipes. That type industry. Anything 17 that's cut 18 MR. DOUGLAS: You cut and cell blades. 19 THE WITNESS: -- we try to we compete. 20 BY MR. FOLAND: 21 Q We're going back to '96, and you may not recall 22 exactly who was here, but can you tell me, do you have a 23 recollection of what employees were here in '96? 24 A Yeah. 25 Q Can you list them off for me, and tell me what 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11 they do or did? A Well, my son, and he's a grinder. Q What's his name? A Michael Jones. Keith Kenser, he's my foreman. Q How do you spell that last name? A I could get you a list of the employees. Q That's okay. That's not necessary. A Frank Rothemel, he does all the braising. Q Braising? A Braising. He puts the carbide teeth on to the steel bodies. Sue speck, she was my secretary. Michael Ditty, he's a grinder. Tim Aukenbach, he's a grinder. wilbur Francola, he's a salesman. I'm trying to think. I don't think Tim was here. Oh, Doug Kuhns. Yeah, that was John's son. Q What did he do? A He's saw preparation, receiving, shipping. I'm trying to think who else. There's someone else. Q John. A Yeah, and I had John. How many is that? Q That's good. He was a salesperson? A He was a salesperson. Q So in '96, you had two salespersons? A Right. Q wilbur Francola and John Kuhns? 12 1 A Right. 2 Q Is Wilbur Franco1a still with you? 3 A Yes, he is. 4 Q What did John and Wilbur do in '96? Can you 5 tell me a little bit about what they did as salespersons? 6 A Well, Wilbur -- we call him Buddy. He hates 7 Wilbur, 50 we call him Buddy. He runs the 8 Philadelphia-Pottstown-Reading area, wilkes-Barre, that 9 was his territories that he covered, th~t area. And John 10 covered the wi1liamsport, the local area right here around 11 Watsontown, and Danville, then he went to Harrisburg, 12 carlisle, Chambersburg, that area. Then state College and 13 Clearfield area was John's territory. 14 Q That's a pretty big area. 15 A Yeah. 16 Q What did John do as a salesperson? You talked 17 about where he went. What did he do? 18 A He picked up and delivered the saws, wrote them 19 up and delivered them back to the customer. Plus he gave 20 them technical, you know, advice, or whatever they needed, 21 because John was so experienced in carbide tooling, he was 22 a tooling engineer, Cabinet Industries before he came to 23 work for me. And he was a tool designer there for them. 24 And they had a layoff due to the recession and stuff. It 25 was a Godsend to me. I owe everything I have to John 13 1 because he was like my salvation. When the recession was 2 as bad as it was, I was so close to bankruptcy that you 3 could smell it. I didn't take a pay check for 26 weeks 4 just 50 I could pay my employees. 5 And I took -- John was laid off and he came to 6 work for me, and I showed him the sales part of it as far. 7 as you didn't really have to tell John, because I had 8 worked with him at cabinet Industries for 15 years, and 9 stuff, when he worked there. I saw him every day, and 10 stuff, because I called on that account every day. So I 11 knew John personally, plus professionally and stuff. And 12 when he came to work for me, it was more or less, you 13 know, as a salesman and as a technician to be able to take 14 care of machinery and whatever. Because John was a 15 handyman. He could do anything 16 Q I think I looked in the file and there was a 17 reference that you had been friends about 20 years before 18 he came to work for you. 19 A Yeah, yeah. I knew him first day he went to 20 work at Cabinet Industries. Like I said, I lived beside 21 cabinet Industries when I was a kid growing up. That was 22 my first job there. I dealt with people there, the owner 23 I know well. The owner's son has it now, and stuff. I've 24 known him ever since I was 12 years old with that account. 25 And John and I, you knoW, we not only were business 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14 associates, but we were best of friends. I thought more of John than I did my brother. Q I'm very sorry for your loss. A That's how it was. Q It's a difficult situation for you. Can you tell me a little bit about the vehicles that the business had back in '96? Just tell me ~hat they were first. A I had a Suburban, four-wheel drive Suburban. 1 think it was a '94. And we had a '95 Astro Van, which that's what John drove normally. And I had a Buick century station wagon, that's what Buddy drove. And we had a '94 Volkswagen that had so many miles on, we just left it at the garage for a pickup vehicle whenever you had one serviced. Q And I believe you said that the '95 Astra Van was Mr. Kuhns' usual or normal vehicle? A That was his normal -- in good weather that was his normal vehicle to drive. Q And you prefaced that by saying in good weather. What did he use in not good weather? A In bad weather he used my Suburban, the four-wheel drive suburban, because some of the places he goes to you need four-wheel drive to go into them, some of the saw mills and stuff, it takes a four-wheel drive 15 1 vehicle in the winter time to get there. A lot of times 2 in the winter he drove the Suburban -- either John was 3 driving it, depending on what days he needed it. 4 sometimes. But he drove my Suburban for certain areas 5 that he covered. And a lot of times, I had another 6 Suburban at my house, my own personal vehicle my wife and 7 I had, and I'd drive that to work, beca'~s" you couldn' t 8 get anywhere. You need the four-wheel drive. 9 Q Would Buddy or John call you up and say, hey, 10 can I use the work Suburban today? 11 A Most time I made the call on who was going to 12 use what, because it depended on -- in bad weather 13 sometimes I wouldn't even let them run the route, because 14 one of them couldn't have the four-wheel drive, so we'd 15 just wait until the next day. We only run four days a 16 week pick up and delivery here, because of your holidays 17 always mess things up. If you have a five-day delivery 18 schedule you can never keep it running straight with your 19 four-day weekends, if you have bad weather, and stuff, you 20 can never make that day up. And our customers count on 21 you being there that day. They can wait on you an extra 22 day sometimes, but they're depending on you being there 23 because of the tools that you're picking up and delivering 24 back, they only have the minimum amount that they need to 25 run, so that's why it's so dependant. You have to be so 16 1 to dependable to get there. 2 Q Let me ask it this way. John usually ran the 3 '95 Astro Van, but let's say it was a lot of snow the 4 night before and he has to be in state College. Wilbur 5 doesn't have to be too far away that next day. Would the 6 '94 work Suburban be available to John to use to go to 7 state College? 8 A Yeah, it would be either at my house or -- 9 Q Or here? 10 A Or here, you know. 11 Q Where would they pick up the keys if they were 12 going to get in early and get a head start out? 13 A Usually we'd look at the weather forecast, and 14 you had to make it the day before because of loading all 15 the tools. You almost had to see what the weather was 16 going to be. At my house usually they would, you know, 17 John would bring the van to my house and we'd switch, or 18 I'd go to his house, because John and I only lived about a 19 mile from one another. I'd go down to his house and we'd 20 just switch vehicles. I saw him every day, and stuff. 21 But you know, as far as him driving and getting it, it was 22 either he brought his Astro Van back to my house or 23 stopped on his way home and we'd switch tools there at my 24 house, and stuff. And then he'd take it. Or the next 25 morning, if we woke up the next morning and it was so bad, , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 171 I'd go down, or John would come -- most of the time he wouldn't get to my house if it's too bad. There are customers, they don't care what the weather is like, you have to be there. We've had days you leave 3:00 in the morning get home at midnight just to callan them customers, because they have to have that product, they can't wait. Q Well, they got deadlines, too, right? A They got deadlines. That's how we created this business. Customer comes first, and we try to give the best service that we can. And that's why our business has grown and it's where it's at today, because they could always count -- they know if my salesman or myself aren't at a customer at a certain time on a certain day, the normal day that we're there, they call to see if something's happened. They want to know is Jesse sick, is Buddy sick, or was John sick, is he running today with the bad weather, because, boy, we really need this. Like I said, that's why we have the four-wheel drive Suburban. And we had chains for the Astra Van and -- now we have a Ventura Van with all wheel drive, which makes it nice with that. But you have to be there. Q After the accident in October, you gave a statement to the police officer, the sergeant. Do you remember giving that statement? Do you remember talking 19 1 use the suburban to go make his runs? 2 A I have no idea what it might have been. You 3 know, it wasn't excessive. 4 Q Could we do it on a weekly basis, say, break it 5 down by week or by month? He used it once a week or twice 6 a week? 7 A No, I wouldn't say, because it might -- you 8 could have went for a couple months maybe and him not 9 drive that Suburban, then there's other tim~s when 10 something was being done to the Astro Van that you needed 11 the __ that he couldn't take the Volkswagen. Because 12 before we got the Astro Van John drove the Volkswagen, the 13 '94 Volkswagen. He had access to that vehicle. But it 14 couldn't carry the amount of tools that you could carry in 15 the Suburban. And there was times in the summer time and 16 better weather that something would be the Astro Van 17 would be in the garage being serviced, and John would take 18 the suburban, because you needed the capacity to haul the 19 tools. It would be a matter of us exchanging vehicles 20 here at the shop, because he would come in here every day 21 to pick up his tools and we'd exchange the trucks right 22 here. I'd just take the Astro Van home and he'd take the 23 Suburban home, you know, loaded with tools. Because 24 different times, depends on where he was going, what time 25 he left in the morning on the route. 20 1 Q Would it be safe to say you can't pinpoint it 2 because it's sporadic 3 A No. 4 Q Would it be safe to say, though, if the Astro 5 Van was in the shop, if there was bad weather or because 6 if there were a lot of saws or because of the size of the 7 saws he would have access to the '94 Suburban if he needed 8 it? 9 A Right. 10 Q And you guys would just switch vehicles or he'd 11 come here and get it? 12 A \~e would switch vehicles. Most of the times it 13 was right here, because John came to the shop every day. 14 Buddy Franco1a, he only comes to the shop here once a 15 week, and sometimes maybe Buddy might not corne here for a 16 month. He meets me at my house in Danvi1le, because he 17 lives in Shamokin. And that's 50 miles of driving less 18 'that he has to make. And I don' t like to keep him out any 19 longer than I have to. So instead of him driving over 20 here and picking up his tools, I take Buddy's tools to 21 Danville, and he exchange tools there at my house same 22 day. 23 I've done it with John already sometimes, too, 24 if he had a meeting or something, hey, I'm working the 25 Harrisburg area, could you bring my Thursday stuff home, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 1 2 3 4 5 6 7 8 and I'll say yes. I'll just put them in the Suburban, tomorrow you take the Suburban, I'll take the Astro Van. That 9 Q Makes sense. A I didn't have -- you know, it wasn't one of them things, that's my Suburban, nobody else drives it. They drive it almost as much as me. Last year -- or the year before with all the snow/ they drove it more than I did. I was having trouble getting to work because my wife wanted she had to go to work. Q What year are you referring to they drove it more than you did, it seems like? A Back there -- is that '94/ when we had so much snow? Q I believe it was. A I know I had 51 inches on the roof of my house. MR. DOUGLAS: That/s January of '96. BY MR. FOLAND: Q There was a bad winter in '94 and had a bad winter again in '96. There was a year in between the bad winters. A I didn't even know what the vehicle was like. Either John had it or Buddy. We would be running a day behind because. The only way you could get there was with the Suburban. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 22 That's why I always kept a four-wheel drive vehicle. Thank Got, I've never been audited to any great extent with the IRS to explain about vehicles, because different people say, how do you have a Suburban and stuff in the business. It's easy. I take him out here to the saw mill some time, and you get back in there in your car. Q It's hard. Some of the roads aren't ~aved, too. A They're not paved. I use four-wheel drive every Thursday to get in one saw mill. It's 3 great big saw mill, but there's at least 6, 8 inches of mud in that driveway. Every Thursday. When you come in their driveway, push it in four-wheel drive and get ready to go through there. If you don't have it, you can't get back in their plant. Q You have to walk. A It's hard to walk in that stuff. Q Who owned those four vehicles we're talking about? A It was a proprietorship then, so they were in my they were in doing business as J & J Carbide. My name, doing business as J & J Carbide. That's how they were registered. Q They were all company owned? A They were all company owned. 23 1 MR. DOUGLAS: I think the title in his name 2 individually doing business as. 3 THE WITNESS: They were in my name doing 4 business as J & J Carbide. That's how I had all the 5 vehicles registered. 6 BY MR. FOLAND: 7 Q I don't think it could be any other way since 8 you're a sole proprietorship at that time. 9 How did you have insurance on those vehicles in 10 '96? 11 A That's how they were insured, through the -- 12 they were all the same. 13 Q Through a business auto policy? 14 A No, they were all individual policies, every 15 vehicle had its separate policy, you know, like I said. I 16 had insurance agents that I had for years that told me it 17 was cheaper for me to have them as individual vehicles 18 instead of a fleet plan, which I know now that I paid a 19 lot of money to a guy I trusted, and stuff. Like I said, 20 I don't have a college education, but I got 27 years of 21 hard knocks university. 22 Q Just so I'm clear, you had all four vehicles 23 insured under four different policies? 24 A They was all separate policies with State Farm. 25 Q Through the business name? 24 1 A Through the business. Doing business as J & J 2 Carbide. Just the way they were titled, that's the way 3 they were insured. 4 Q Did you have your own policy at home for your 5 vehicles, at home, personal auto policy? 6 A My wife -- yeah, my wife and I, the two 7 vehicles we had at home were under our -- a separate joint 8 policy, and stuff. 9 Q What vehicles were covered under that? You 10 said another suburban? 11 A I had another suburban, or a Tahoe, I'm trying 12 to think. I think it was a Suburban. Yes, it was a 13 suburban. I had a Suburban and an Olds 88, and that was 14 under my wife and I personal vehicles, you know, two car 15 discount for the multi-car discount, and stuff, because 16 our homeowners, everything was through state Farm. And 17 that how they were registered. 18 Q Who insured the business vehicles? state Farm, 19 also, I think? 20 A state Farm, also. 21 Q You mentioned that the business owned those 22 vehicles. Were they owned outright, or was there 23 financing on them still, or were they leased? 24 .r>. No, I think they were all paid for. 25 HR. DOUGLAS: I want to put an objection to the 25 1 form. We're back to that, who owned the vehicles. I 2 think he owned them doing business as. There is no 3 business at that point who owned them, it's a sole 4 proprietorship. 5 MR. FOLAND: Sure. Last time I l.ooked I think 6 that is a business, a viable business entity. 7 MR. DOUGLAS: Yeah, still him as a person. 8 MR. FOLAND: Off the record. 9 (Discussion held off the record.) 10 BY MR. FOLAND: 11 12 13 14 15 16 17 18 19 20 21 Q By J & J Carbide? 22 A By J & J carbide. 23 Q I don' t know if it's important, but you 24 indicated that sometimes John, Mr. Kuhns, would pick up 25 the Suburban here, sometimes he'd do a little swap at your Q Who pays to take care of those vehicles? A The business. MR. DOUGLAS: This is '96? MR. FOLAND: Yeah, we're talking , 96. BY MR. FOLAND: Q The business? A Business. Q Changing the oil? A Changing the oil, gas, tires, everything, one hundred percent was taken care of. 26 1 house. TypicallY, where were the company vehicles kept? 2 A Whichever salesman had his vehicle. They took 3 them home with them from the shop. They weren't kept here 4 in the parking lot overnight, because once you loaded them 5 up, you could have anywhere from 5 to $50,000 worth of 6 tools in them. So they always, the vehicles were always 7 taken home, you know. John had the Astra Van, he would B take that home, and Buddy, he would take the Buick home, 9 the station wagon. 10 Q Am I hearing you it's because it was safer for 11 the tools inside those vehicles to take them home? 12 A Yeah. You couldn't load the tools in here and 13 I couldn't have people come in at 6:00 in the morning to 14 load their tools. Normally they would get on the road, 15 I'd say probably around 6:00, to go on their routes. Now, 16 there was days that -- well, like the Wednesday when John 17 went to Harrisburg, when he came back up through he just 18 stopped at his house on the way home, because Thursday he 19 was going to Williamsport is where his route was, or out 20 to Clearfield. Instead of coming all the way here, 21 loading up, and going back to Danville, it's more cost 22 effective to stop in Danville, and the next morning he 23 would get up and come in here. And then they'd have the 24 guys here unload him on that day, Thursdays, then he would 25 bring the tools here, load up and go out on his route, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 stop here Thursday afternoon and unload, then load up the next day's. But they took the vehicles home with them, like I said, they were always loaded with tools for the customer. Q I didn't see anything in the paper work that I have that would indicate that the '94 suburban and these other three company vehicles were covered by insurance other than t~ose state Farm policies that you were telling me about. Can you tell me whether or not you ever had any conversations with John or Wilbur or anyone else that would use the cars that they should insure those vehicles under their personal auto policies? A No. Q Do you know whether, in fact, whether any of those employees that have access to those vehicles ever insured anyone of those vehicles under their personal policies? A No. Q You don't know or you don't think they did? A I don't think they did. Because I had a rider on my policy itself, if they had to use their own personal vehicle to deliver a tool/if one of the employees out here would get in his car with a customer's tools, he's covered. If something would happen that you didn't have a vehicle, here it is. But that' s the only thing .extra that . .._~._,.- 28 1 I had. 2 Q On the date of the accident, October 9th, 1996, 3 do you know what John was doing at the time of the 4 accident? 5 A Well, he was making a delivery. He had just 6 stopped I'm trying to think what the name of the 7 company was that he was at. It might have been custom 8 stairs Millw?rks, something, that he had just made a stop 9 like 15, 20 minutes before the accident. 10 Q For lunch, I think? 11 A Yeah, right after he made that delivery, from 12 what we could piece together, and with the one receipt 13 that we found that he had went to -- I think to a Burger 14 King or something and had bought something there, then it 15 was just a couple miles up the road to where the accident 16 was. 17 Q So it's your information, I think you conveyed 18 this to the police I'll read it to you and you tell me 19 if it sounds right or doesn't sound right. It says: Mr. 20 Kuhns had left from the Danville area about 6:30 hours and 21 was on his usual route at the time of the accident. He 22 had eaten at Hardee's in Dillsburg at about 11:45 hours. 23 According to a relative, the trip from Dillsburg to the 24 scene of the accident is approximately 35 miles and would 25 have taken him approximately one hour. 10 11 12 29 1 Does that sound accurate to you from what you 2 recall? 3 A It might have been. I didn't think it was that 4 far from work where his last customer was to where the 5 accident was. But I know he had stopped to get something 6 to eat. 7 Q But there's no doubt in your mind after he ate 8 he was heading for the business? , A He was on his normal route. Q Does that help you determine where he was headed, what I just read to you? 9 A Yeah. I know where he was headed, you know. I 13 think it's the exit off of -- I forget what exit number it 14 is off 81. 15 16 17 18 19 20 Q which customer is up there? A I'm not sure. But -- because I don't run that route now. I know Keith knows it, because Keith runs that right now. Q Sure. A I haven't been back to that spot since the 21 night that I went down there. 22 23 Q Did you get a phone call? I got a phone call from the hospital in York. A 24 The nurse there in the emergency room nurse called me, 25 because John told her to call me. Before he even called 30 time after that. No, we didn't get there. And the only thing that I did say, even out here, thank God he's in my suburban, because it's 50 big and stuff that it -- you know, you could take a pretty good lick in a vehicle like 31 1 Like I said, thank God he's in my suburban. But when I 2 got there and seen it, oh, my God. 3 MR. FOLAND: That's all I have. Thanks for 4 your time; I appreciate it. 5 EXAMINATION 6 BY MR. DOUGLAS: 7 Q Jesse, I just have a few questions. It's my 8 understandi~g from what you told us that the regular 9 vehicle he would use would be the Astro Van? 10 A Right. 11 Q He had used that for some time prior to 1996? 12 A Yeah. 13 Q How long did he use that for? 14 A We bought it new in ' 95, and he probably had 15 80, 90 thousand miles on it when -- when he had the 16 accident. We put on 80 -- I'll say anywhere from 75, 85 17 thousand miles a year on a vehicle. 18 Q with respect to that Astro Van, would that be 19 something that he would drive home every night back in 20 1996, you know, when he -- strike that. 21 YoU stated there were times when he would corne 22 here to the plant. would me always come here to the plant 23 at the end of the day, or would he corne here at the 24 beginning of the day, or both? 25 A Usually at the end of the day, except for 32 1 Thursdays, because his route ended in ~rrisburg and he 2 would stop on his way home Wednesday night, and then they 3 would come to Danvi11e -- yeah, Danville he'd come to 4 Watsontown Thursday morning, because his first stop was 5 in -- right up here at Montgomery. He was going to work 6 the Wil1iamsport area. So he would come on into wOLk, 7 then, Thursday morning here. And other than that, that's 8 the only day, that he didn' t come here in the evening, and 9 stuff, to pick up tools. 10 Q When he would come here in the evening, 11 obviously he would come in the Astro Van because he had 12 been on the road all day? 13 A Right. 14 Q Would he leave in that Astro Van and go to his 15 house in Danvil1e? 16 A Yeah. 17 Q Did you have any policy with respect to that 18 Astra Van as far as using it as a personal vehicle, or 19 when they took that home were they supposed to park it? 20 A I don't have a written policy that's, you know, ~ . .) . ~ . ~l : r~ , ~l' , I, ii/.,;.- If ",-: II( If':';:".': I);' if , 21 in my handbook, or whatever. It was just/ you know, word 22 of mouth, you drove it home because, like I said, it was 23 always full of customers' tools, and stuff. It's not like 24 you could really use it for personal use. It had a wired-in cage and holders and stuff to put our tools in, 25 33 1 tool holders and stuff in. 2 Q This is the Astro Van? 3 A The Astro Van. 4 Q The Suburban, obviously it had two front seats 5 or a bench front seat? 9 A Yeah. Q which did it have? A It had the split front seat. . Q Did it have a back seat? A Yes. Q When that was emptied out, when the tools 6 7 8 10 11 12 weren't in it, would it just be a regular Suburban? 13 A Right. 14 Q There wer'en' t any modif ications to the 15 Suburban? 16 A No. 17 Q So that was just a passenger type vehicle? 18 A Right. MR. FOLAND: Object to the form. 19 20 BY MR. DOUGLAS: 21 Q As far as the use of the Suburban, would he use 22 that, say, more or less than ten times in a year? 23 A It would probably be somewhere in that 24 neighborhood, it could have been. It might have been more 25 at some times, it might have been less. I don't think it 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 34 would have been less than that, because of the amount of bad weather and stuff through the winter. Q So your guess would be it would be somewhere in the neighborhood of about ten times in a year, give or take? A Give or take. MR. FOLAND: Object. I think his testimony was at least ten a year/ Billy. BY MR. DOUGI,AS: Q Would it be fair to say then if it was a mild winter, he wouldn't need to use it as much? A Right. Q Prior to today, has anybody from any insurance company talked to you about the use of these vehicles? A Not to my -- you know, nobody that I know of's contacted me about anything. Q To the best of your knowledge, nobody from Pennsylvania National ever contacted you about anything? A Not to my knowledge. I don't remember it, anyway. Q On the day of the accident, it's my understanding that the Astro Van was in the shop for service, is that correct? A Right. Q And what was it having done? .---.....- _....._~'.~.. 35 1 A It had some kind of miss. it was just running 2 real rough. And we just took it in to get it serviced, 3 you know, have it checked. 4 Q When you say we took it in to get it serviced, 5 who dropped it off? Or did somebody come get it? 6 A Myself. The day that that happened is John -- '7 I think it was driving home, because it was missing and 8 stuff, so we. put some dry gas in it. We thought maybe it 9 had some moisture oc something, might have had some bad 10 gas. So we put dry gas, engine tuner, injection cleaner, 11 whatever, to see if it would smooth out. He was driving 12 it home that night. When he got home he called me and 13 said, it's just as bad as it was. So I said, all right. 14 So I took the Suburban down to his house and we took all 15 the tools out. And the service garage that does the 16 service work is only about two miles from there, so I just 17 took the Astro Van, dropped it off. I picked up our old 18 Volkswagen there that we use as a runaround car, and 19 brought that and let John have the Suburban that night. 20 Q Day in and day out, would that Suburban go home 21 with you, would that be the normal course? 22 23 A With me. Q Then if you'd have an occasion such as this 24 thing where the Astro Van had to be in the shop, or if it 25 was bad weather where they may need it, then on that JG 1 occasion they would borrow the Suburban? 2 A Right. 3 MR. DOUGLAS: Off the record. 4 (Discussion held off the record.) 5 BY MR. DOUGLAS: 6 Q On the occasion when either Buddy -- Wilbur 7 Francola -- or John would borrow the Suburban, after they 8 used it would they then return it to you? , 9 A Yes. 10 Q And then they'd use their vehicle, be it the 11 Astra Van or the Century station wagon? 12 A Yeah, they'd go back to their regular vehicle. 13 Q You described the Astro Van, that it was 14 equipped, it had a cage in it. Was the back of the Astro 15 Van, for lack of a better term, a commercial-type setup 16 where you'd just have a cage and then an open cargo back 25 A Right. Q Or closed cargo back, excuse me. A It's closed. It had the metal screen. Q Were there two seats in it? A Yes. Q Two front seats? A Two front seats. Q I assume no seats in the back? A Right. 17 18 19 20 21 22 23 24 1 2 3 you. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 " MR. DOUGLAS: MR. FOLAND: 37 That's all the questions I have. I don't have any others. Thank (The deposition was concluded at 1:50 p.m.) . - 21:7 basis III 19:4 -$- -6- aluminuml'l 10:6 became 1118:15 $50,000 [II 26:5 6111 22:11 10:13 10:14 10:14 beginning III 31:24 6:00121 26:13 26:15 always 1'1 15:17 17:13 bchalfll) 3:15 -'- 6:30111 22:1 26:6 26:6 behindlll 21:24 28:20 27:3 31:22 32:23 '94[01 14:10 14:13 amount PI 15:2,1 19:14 bcltl21 30:18 30:19 16:6 18:16 19:13 -7- 34:1 bench III 33:5 20:7 21:13 21:19 75 III 31:16 ANNEIIII:I beside II) 13:20 27:6 7:45 (II answer [21 3:25 4:11 bcstl'l 8:24 14:1 '951,j 18:6 14:10 14:16 answers III 38:9 17:11 34:17 16:3 31:14 beller 121 '961101 -8- anyway 121 18:24 19:16 36:15 10:21 10:23 34:20 betwecn 121 3:2 11:23 12:4 14:7 8PI 1:20 9:16 Appalachia III 21:20 21:17 21:20 23:10 22:11 10:12 bigl51 25:13 25:14 80121 APPEARANCES III 12:14 22:10 '971.31 31:15 31:16 1:23 30:// 30:21 30:23 9:3 9:4 81 III 29:14 biggeftll 9:8 appreeiatc 121 3:14 30:24 85111 31:16 31:4 Billy III 34:S -1- 88111 24:13 approximating (11 9:6 bit 1.31 9:21 12:5 10[21 area [91 12:8 12:9 14:6 9:14 9:16 -9- 12:10 12:12 12:13 bits 121 7:11 8:10 11:45111 28:22 9111, 12:14 20:25 28:20 blades 131 7:8 7:11 9:14 12111 13:24 90111 32:6 10:18 15121 13:8 28:9 31:15 areas (II 15:4 bodies (II 9th III 28:2 11:11 17821111 5:25 arising III 3:16 borrow PI S:S 36:1 1966[21 6:16 6:17 -A- ASSIGNEES/SUI3ROGEES 36:7 1971 [II 6:21 III 1:4 bought [51 6:25 8:14 1972(11 7:4 AlKlA[11 1:13 associatcs (II 14:1 9:7 28:14 31:14 1982121 7:24 8:8 ability III 5:16 assumc PI 4: 12 4:12 boy (II 17:18 1995121 8:17 9:7 ablc(l1 13:13 36:24 braising PI 11:8 1996[51 3:17 9:12 acccSS [31 19:13 20:7 Astra 1251 14:10 14:16 11:9 11:10 28:2 31:11 31:20 27:15 16:3 16:22 17:20 brcak III 19:4 1998111 9:2 accident [16J 3:16 19:10 19:12 19:16 bricfly (II 6: 10 19:22 20:4 21:2 1998-4121 [II 1:10 3:21 8:25 17:23 26:7 31:9 31:18 bring PI 16:17 20:25 18:2 18:17 28:2 26:25 199912J 1:20 38:22 28:4 28:9 28:15 32:11 32:14 32:18 1:00(11 1:20 28:21 28:24 29:5 33:2 33:3 34:22 Brooks 121 1:28 3:14 1:50[11 37:4 30:3 31:16 34:21 35:17 35:24 36:11 brothcft'l 6:22 7:16 36:13 36:14 8:2 14:2 According [II 28:23 atC[11 29:7 brothcr's PI -2- account [21 13:10 8:3 13:24 attorncy [21 38:15 8:14 9:8 20 [2J 13:17 28:9 accuratc PI 38:16 brought [21 16:22 23rd(ll 38:22 18:19 audited (1122:2 35:19 18:21 29:1 26[11 13:3 action [21 1:9 38:18 Aukcnbach(ll 11:12 Buddy 110112:6 12:7 27(11 23:20 administcf(1) authorized [I) 38:4 14:12 15:9 I7:J7 38:4 20:14 20:15 21:23 275-0593 [II 5:23 ADMINISTRATRIX 121 auto PI 23:13 24:5 26:8 36:6 29(11 6:9 1:2 1:6 27:12 Buddy's (II available IIJ 20:20 .. advicc[11 12:20 16:6 Buick [21 14:11 26:8 -3- affcct [I] 5:16 away (II 16:5 Burgcr[1] 28:13 3 [II 2:4 affcctcd 121 9:20 -B- busincss [nl 6:18 30[11 6:8 9:22 6:20 6:20 6:21 3111] 2:5 aftcrnoon (II 21:1 background (II 6:11 6:23 7:6 7:7 . 35111 aftcrwards [II 38:10 bad(lSI 13:2 14:22 8:2 9:18 13:25 28:24 again [I] 21:20 15:12 15:19 16:25 14:7 17:10 17:11 3:00111 17:4 17:2 17:18 20:5 22:5 22:21 22:22 agC[1I 6:8 21:19 21:19 21:20 23:2 23:4 23:13 -5- agcnts [I} 23:16 34:2 35:9 35:13 23:25 24:1 24:1 . ago [II 8:15 35:25 24:18 24:21 25:2 5 PI 5:21 5:24 ain't [21 30:16 30:19 Badgcftl] 6:24 25:3 . 25:6 25:6 26:5 25:12 25:16 25:17 50(11 20:17 Air[l] 30:17 bags[IJ 30:18 29:8 511'1 21:16 Albright PI 1:18 bank [I] 8:6 38:3 38:23 bankruptcy III 13:2 -C- almost [31 8:22 . 16:15 barracks II] 18:4 ..... M \. I' '" u Ii- age $50,000 - business JESSE D JONES I-lUGHES, ALBRIGHT, FOLTZ & NATALE 7 17-540-0220\717-393-5101 Index Page I . , C - Eugene JESSE D JONES M )' P 'M U 11- age . CIlI 1:18 38:3 companies 121 9:24 day's III 27:2 5:5 10:15 16:19 38:23 10:4 days '41 15:3 15:15 17:1 19:5 29:21 Cabinetl51 10:12 company 1101 I: 13 17:4 26:16 35:14 38:9 12:22 13:8 13:20 1:14 3:15 7:1 dead(11 30:8 drafted III 6: 19 13:21 22:24 22:~5 26: I deadlines 121 17:8 drive 1161 14:9 14:19 cage III 32:25 36:14 27:7 2S;7 34:14 17:9 J.I:23 14:24 14:25 . 36:16 compete III Ill:19 deal III 9:24 15:7 15:8 15:14 capacity III Conairlll 17:19 17:21 19:9 1:5 10:14 deals III 10:5 21:7 22:1 22:9 7:12 19:18 concerned III 30:1 dealt III 13:22 22:13 31:19 caption II ( 38: I 3 concluded III 37:4 DECEASED 121 1:3 drives III 21:6 Cafj51 18:12 22:6 consistent[1 I 18:12 1:7 driveway 121 22:12 . 24:14 27:23 35:18 constitutes III 38:19 decide III 5:2 22:13 carbide (151 1:21 contacted 121 34:16 decision III 5:1 driving 111 15:3 16:21 6:21 7:5 7:8 8:8 8:9 8:12 34:18 DEFENDANT 131 1:15 20:17 20:19 30:23 11:10 12:21 22:21 conversations III 27:10 1:17 1:29 35:7 35:11 22:22 23:4 2-1:2 conveyed III 2H:17 deliverll127:22 dropped 121 35:5 25:21 25:22 Corp (21 8:21 8:21 delivered 121 12:18 35:17 care 141 13:14 17:3 corporation 121 8:20 12:19 drove (81 14:1 I 14:12 25:11 25:20 10:12 delivering III 15:23 15:2 15:4 19:12 21:8 21:11 32:22 cargo (21 36:16 36:18 corrcctll I 11:23 delivery[41 15:16 Carlislc II I 12:12 cost III 2ti;~1 15:17 28:5 28:11 dry (21 35:8 35:10 carry 121 19:14 19:14 counsel 141 3" DEMANDED III 1:15 due III 12;~4 cars III 27:1 I 5:10 38:15 38:16 depcndable III 16:1 dulYI'I 3:8 38:8 cell 121 10:3 10:18 count 121 15:20 17:13 dependant III 15:25 Cen tCfj I I 6:24 COUNTY 121 I" depended II I 15:12 -E- Century [21 14:12 38:1 dcpending 121 15:3 carlYlI1 16:12 36:11 coup Ie [21 19:8 28:15 15:22 casYlI1 22:5 certain [31 15:4 17:14 course III 35:21 deposition 111 I 1:16 cat III 29:6 17:14 court 151 1:1 4:5 3:13 3:23 3:25 eaten [II 28:22 ccrtification II I 3:3 5:1 5:4 6:1 4:20 4:22 5:7 Econo [I) 30:23 certify 151 38:5 38:7 courts III 7:20 37:4 38:8 38:12 38:19 economy 121 9:20 38:12 38:14 38:19 covered 161 12:9 described III 36:13 9:21 chains II I 17:20 12:10 15:5 24:9 education II I 23:20 27:7 27:24 dcsignefjll 12:23 Chambers burg [21 12:12 educational II] 6:11 18:4 COX III I" determine 1'1 29:10 change II I 4:24 crash III 30:13 different [4\ 10:2 effective III 26:22 ehangcs 131 5:3 creatcd III 17:9 19:24 22:-1 23:23 eithCfj81 5:2 15:2 16:8 16:22 21:23 9:18 9:20 Crestline [II 10:14 difficult III 14:5 30:\7 30:20 36:6 Changing [21 25:18 CUMBERLAND [21 Dillsburg [21 28:22 emergency [I] 29:24 25:19 I" 38:1 28:23 employce 131 7:15 cheaper II 1 23:17 Custom III 28:7 dircction II I 38:11 38:\5 38:16 check III 13:3 customer (61 12:19 directly III 38:17 employees (71 3:18 checked II I 35:3 17:10 17:14 27:4 disagrecment [I) 8:1 9:13 10:23 11:6 CIVIL[I) 1:9 29:4 29:15 discount [21 24:15 13:4 27:\5 27:22 clcanef[1I 35:10 customer's III 27:23 24:\5 employef[1I 5:12 cleafjll 23:22 customers 141 15:20 Discussion [21 25:9 employment (21 3:13 Clearfield 121 12:13 17:3 17:6 30:2 36:4 -1:2 26:20 customers I [I) 32:23 Ditty [I) 11:12 emptied II I 33:11 close II I 13:2 cutl21 10:17 10:18 docsn'tt>J 16:5 28:19 end (41 5:6 5:8 closed (21 36:18 36:19 cuttcrs II I 7:9 Donaldll14:17 31:23 31:25 collcgc[41 12:12 16:4 cyclical II I 9:19 donC131 19:10 20:23 ended II I 32:1 16:7 23:20 34:25 engincIII 35:10 coming [319:25 10:1 -D- doubt[11 29:7 engineer [I 1 12:22 26:20 Dill 1:16 Doug II] 11:14 entity [I) 25:6 commercial "I Douglasp"1 1:24 equalll) 7:18 30:21 DanvillclIll 5:21 30:25 1:24 1:24 1:25 cquipped [1] 36:14 commerciaHypc [II 6:14 12:11 20:16 2:5 4:1 10:18 20:21 26:21 26:21 21:17 23:1 24:25 ESQUIRE (21 1:25 36:15 28:20 32:3 32:3 25:13 31:6 1:28 25:7 COMMON III 1:1 32:15 33:20 34:9 36:3 ESTATEI2} 1:3 Commonwealth (2138:2 dalc 121 1:20 2:-):2 36:5 37:1 1:6 38:5 dates III 9:6 down 1101 4:6 4:9 Eugenc [I) 8:4 . Index Page 2 HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 ( ~. . M I. I' 1" II t1- age evening - JURY. JESSE D. JONES ~ evening III 32:8 fonnPI 3:5 25: I hateSJlI 12:6 industries 161 10:8 32:10 33:19 haulJlI 19:18 10:13 12:22 13:8 Exact [II 8:11 fonnerlll 3: 18 he'dl'l 10:2.1 19:22 13:20 13:21 exactly [II 10:22 found 1'1 7:14 7: 18 20: 10 25:25 32:3 industry [11 7:9 EXAMINATION PI 7:21 28:13 headJlI 10:12 7:10 9:22 9:23 10:5 10:0 10: 10 2:2 3: 10 31:5 fourl'l 8:15 15:15 headed III 29: II 29:12 infonnation JlI 28:17 22:IH 23:22 23:23 he:llling[l1 except III 3:4 31:25 .!9:H injection III 35:10 excessive [II 19:3 four-day (II 15:19 he:lllsll[ 7: II four-wheel 1"'1 14:9 insideJlI 20:11 exchange 121 19:21 heard III .1:12 14:23 14:24 1.1:25 instead PI 20:19 23:18 20:21 15:8 15: 14 17:19 hearing [II 20:10 20:20 exchanging IIf 19:19 22:1 22:9 22: 13 heldl21 25:Y 30:4 insurance [11 1:12 exeusellf 30:18 franchise [II 7:1 IIELGAIII 1:1 1:14 3:15 23:9 exitl21 29:13 29:13 Francola 1'1 11:13 helpJlI 29:10 23:16 27:7 34:13 experienced IIf 12:21 11:25 12:2 20:14 hereby PI 3:2 3:4 insure JlI 27:1 I explain 11122:3 30:7 38:5 38:1.' insured 1'123: II 23:23 extentllf 22:3 Frank IIf 11:8 hereunto III 38:21 24:3 24:18 27:16 extra 121 15:21 27:25 friends [21 13: 17 14:1 hey [21 15:9 20:24 interest III 8: 14 9:8 Extrusions PI 10:14 frontl'l 33:4 33:5 highl21 0: 12 0:13 interested I'I 18:17 33:8 36:22 36:23 holders 12132:25 33:1 invitingJlI 3:12 -F- full PI 4:15 4:17 holidays III 15:16 involving [II 3:17 fact PI 32:23 home [241 5:22 10:23 IRSPI 22:3 27:14 funrlYfll 9:23 factories JI I 10:8 17:5 19:22 J9::3 itself PI 27:21 20:25 24:4 24:5 faift41 4.0 4:9 -G- 24:7 26:3 26:; -~---- 4:13 34:10 -]- 26:X 26:8 26:11 - familiaqlf 18:17 garage PI 14: 14 19:17 26:18 27:2 31:19 J 1261 1'-)' 1:21 35:15 .-. faft61 13:6 16:5 32:2 32:19 32:22 8:8 8:8 8:9 16:21 29:4 32:18 gas [41 25:19 35:8 35:7 35:12 35;12 8:9 8:12 8:12 33:21 35:10 35:10 35:20 9:9 9:9 9:11 Fann['1 23:24 24:16 given 131 4:20 18:25 hom~owners III 24:16 9:11 9:13 9:13 24:18 24:20 27:8 38:20 homes II[ 8:7 22:21 22:21 22:22 giving [II 17:25 22:22 23:4 23:4 fatheq'l 6:21 7:16 11000[211:1 1:3 24:1 24:1 25:21 7:17 7:19 8:2 Godpl 30:10 31:1 hospital PI 29:23 25:21 25:22 25:22 February 121 1:20 31:2 30:4 30:7 J-E-S-S-E III 4:18 38:22 Godsend fI I 12:25 hourl1J 28:25 January PI 9:1 feWJlI 31:7 gocsfll 14:24 hours PI 18:1 28:20 9:8 21:17 figure [21 9:14 9:16 good 161 11:21 14:18 28:22 Jesse [1[ 1:16 2:3 filepl 13:16 14:20 14:21 30:6 house 1"1 4:23 5:3 3:8 4:17 17:16 filed JI I 3:16 30:12 15:6 16:8 16:16 31:7 38:6 filing [II 3:4 graduate fll 6:15 16:17 16:18 16:19 job [II 13:22 financially [If 38:17 grcat[21 22:2 22:10 16:22 16:24 17:2 John 1421 1:7 3:18 grinder PI 11:2 11:12 20:16 20:21 21:16 11:19 11:20 11:25 financing III 24:23 11:12 26:1 26:18 32:15 12:4 12:9 12:16 first [51 13:19 13:22 growing [II 13:21 35:14 12:21 12:25 13:5 14:8 17:10 32:4 hundrcdfll 25:20 13:7 13:11 13:14 five-day [If 15:17 grown fI I 17:12 13:25 14:2 14:1 I fleet [II 23:18 guess III 34:3 -I- 15:2 15:9 16:2 fluctuates [11 9:24 GUNNARpl 1:3 16:6 16:17 16:18 guy 121 23:19 30:21 ideal21 8:23 19:2 17:1 17:17 18:25 focus [I I 9:12 important [lJ 25:23 19:12 19:17 20:13 guys [21 20:10 26:24 Foland [161 1:28 inches [21 21:16 22:1 I 20:23 21:23 25:24 2:4 3:11 3:14 incorporated [II 8:24 26:7 26:16 27:10 10:20 21:18 23:6 -H- 28:3 29:25 30:3 25:5 25:8 25:10 HAFER [II 1:27 incorrect [I I 5:4 30:18 35:6 35:19 25:14 25:15 31:3 incorrectly III 4:25 36:7 33:19 34:7 37:2 half[l[ 8:15 independent [II 5:11 John'sPI 1[:15 12:13 follows III 3:9 hand[ll 38:21 indicate [II 27:6 18:1 I forced [II 8" handbook [II 32:21 indicated II I 25:24 Johns [II 4:17 Ford III 30:23 handyman [II 13:15 indirectly [I I joint III 24:7 hard 151 7:14 7:18 38:17 forecast [II 16:13 individual 121 23:14 Jones 171 1:16 2:3 foregoing [II 38:6 22:7 22:17 23:21 23:17 3:8 3:12 5:20 foreman [I I 11:4 Hardee's [II 28:22 individually [21 11:4 38:6 Harrisburg 141 1:1 forget [II 29:13 12:1 I 23:2 JURY [II 1:15 20:25 26:17 32:1 HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5 I 01 Index Page 3 .. . Karcn - Pcnnsylvania JESSE D. JONES M 1'1' 1>' u 11- agc lumbert'l 9:22 9:23 multi-car III 24:15 33:4 -K- 10:10 10:11 occasion PI 35:23 Karen PI 1:18 38:3 lundllll 28:10 -N- 36:1 36:6 38:23 Naill III 6:19 October PI 3: 17 -M- 17:23 28:2 kecp [21 15:18 20:18 name 1121 2:2 4:15 of'SIlI 3-1:15 Keithpl 11:4 29:17 Mill 1:2 4:16 6:6 8:3 29:17 machinery III 13:14 11:3 11:5 22:22 offllOI 10:25 13:5 Kenser III 11:4 mail III 23:1 23:3 23:25 25;8 25:9 29:13 6:1 2H:6 29:14 35:5 35:17 kept 131 22:1 26:1 major III 10:4 name's 1113:14 36:3 36:4 26:3 makes (21 17:21 21 :., officer 131 17:24 18:11 keyslll 16:11 manufacture III names's III 4:17 30:16 7;8 kidllJ 13:21 manufacturers I'I narrative III 18:10 oil ['1 25:18 25:19 10:7 kids[11 6:3 manufacturing 1I1 Nationalr', 1:12 0ldl21 13:24 35:17 10:4 1:13 3:15 34:18 kind [21 3:22 35:1 matter III 19:19 nature III 9:19 aids III 24:13 kinds III 4:2 may 121 10:21 3~:25 necessarily III 3:21 once 131 19:5 20;14 Kinglll 28: 14 26:4 meanl'l 9:4 necessary III 11:7 knew [21 13:11 13:19 medications III 5:15 need 17] onel.81 3:17 4:8 Knifc[l] 6:25 6:2 14:24 4:8 6:5 9:25 meet III 4:23 15:8 15:24 17:18 14:15 15:14 16:19 knocks 11123:21 meeting III , 20:24 34:11 35:25 21:5 22:10 25:19 knowledge 121 34:17 meets III 20:16 needed 1>1 12:20 15:3 27:16 27:22 28:12 34:19 mentioned III 19:10 19:18 20:7 28:25 30:17 30:20 known III 13:24 24:21 neighborhood 121 30:23 33:24 knows III 29:17 mess III 15:17 34:4 opelllll 36:16 Kuhns 181 1:5 1:7 metal III 36:19 never 131 15:18 15:20 operate 1'17:22 3: 18 3"'') 11:14 metals III 7:10 22:2 operating [21 8:19 11:25 25:24 28:20 Michael 131 6:7 new III 31:14 30:5 Kuhns' 1314:2 5:11 11:4 11:11 next 171 9:25 15:15 outright [I] 24:22 14:17 midnight III 17:5 16:5 16:24 16:25 overnight [I] 26:4 might [HI 19:2 19:7 26:22 27:2 owe [II 12:25 -L- 20:15 28:7 29:3 nice III 17:21 33:24 33:25 35:9 night 1'1 16:4 own 131 15:6 24:4 laek[11 36:15 mild [II 18:5 27:21 34:10 18:6 29:21 31:19 laid[lJ 13:5 milelll 16:19 32:2 35:12 35:19 owned ['1 8:7 22:IS last 151 9:15 11:5 miles [7] nobodY13121:6 22:24 22:25 24:21 . 21:7 25:5 29:4 14:13 20:17 34:15 24:22 25:1 25:2 28:15 28:24 31:15 34:17 25:3 LAW[II 1:9 31:17 35:16 nonferrous 1'1 7:10 13:22. lawsuit [11 3:15 mill 131 owner (2) 8:16 22:6 22: 10 normalp] 14:17 14:IS owner's [I] 13:23 layofflll 12:24 22:11 14:19 17:15 IS:12 leased [I] 24:23 mills III 14:25 29:9 35:21 -1'- least 121 22:11 34:8 M ill works III 2S:8 normally 121 14:11 leave 121 17:4 32:14 mind [II 29:7 26:14 Ptll ]:25 left [31 14:14 19:25 minimum[lJ 15:24 Notary PI 1:19 3S:3 p.m121 1:20 37:4 28:20 minutes III 2S:9 38:24 Pacific III 10:12 less 151 13:12 20:17 miss [II 35:1 note ['I 5:9 paid [21 23:IS 24:24 33:22 33:25 34:1 missing III 35:7 nothing 121 30:17 papef(2I 7:20 27:5 Iieklll 30:12 modi fieations III 30:19 park [II 32:19 33:14 list [21 10:25 11:6 moisture III now [!Ol 5:1 6:9 parking [II 26:4 lived 121 35:9 S:19 S:20 13:23 13:20 16:18 money 121 S:S 23:19 17:20 23:IS 26:15 part 131 13:6 18:9 lives [II 20:17 Montgomery [II 32:5 29:17 29:18 18:10 LLPlIl 1:27 monthPI 8:23 19:5 number 1315:22 29:13 parties [21 3:3 3S:15 load ['1 26:J2 26:14 20:16 30:2 partnership ['1 7:18 26:25 27:1 months 1'19:6 19:5 numerous III IS:16 8:1 8:12 8:14 loaded PI 19:23 26:4 morning IHI 16:25 IlUrSel'1 29:24 29:24 passengeTJI[ 33:17 27:3 16:25 17:5 19:25 paved 121 22:7 22:9 loadingI'I 16:14 26:21 26:13 26:22 32:4 -0- paYl21 13:3 13:4 local III 12:11J 32:7 oaths II) 38:4 pays III 25:11 10ngeTJI) 20:19 mortgaged III 8:7 Object 121 33:19 34:7 I'CIln (21 1:13 3:15 look [11 16:13 most 1.11 9:25 15:11 objection [I) 24:25 Pennsylvania 18) 1:2 looked [21 13:16 25:5 17:1 20:12 1:12 1:22 5:21 10SSlll 14:3 mouth III 32:22 objections III 3:4 6:14 34:18 38:2 mUdl1) 22:11 obviously 121 32:11 38:5 . J ndex Page 4 HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 " i:; M I' P I" U 11- age people - sounds JESSE D. JONES ... people 161 10:1 10:2 purchased 111 7:3 rightllll 3:19 4:19 33:5 33:S 33:9 13:22 22:4 26:13 push 111 22:13 5:14 6:8 6:9 scats 151 33:4 36:20 30:25 putPI S:6 21 :1 9:10 9:16 11:24 36:22 36:23 36:24 percent 111 25:20 24:25 31:16 32:25 12:1 12:10 17:S secretary 111 11:11 IS:7 IS:13 IS:14 person [II 25:7 35:8 35:10 IS: 18 19:21 20:9 see 151 9:25 16:15 personal 1'1 15:6 puts 111 11:10 20:13 2S:11 28:19 17:15 27:5 35:11 24:5 24:14 27:12 2H: 19 29:IS 31:10 sell [21 10:7 10:8 27:16 27:21 32:18 -Q- 32:5 32:13 33:13 sense 111 21:4 32:24 - 33: IS 3.1:12 3.1:24 personally [IJ 13:11 questions PI 3:20 35:13 36:2 36:17 sentlll 4:23 4: I 4:3 5:17 36:25 separate PI 23:15 I'hiludclphiu-I'OII'lown.llcading 31:7 37:1 38:9 road 1"1 26:14 28:15 23:24 24:7 [IJ 12:8 phone PI 5:22 29:22 quite 111 9:21 30:25 32:12 sergeant [41 17:24 29:23 roads 111 22:7 18:1 18:3 18:11 pieklSI 15:16 16:11 -R- roof 11 I 21:16 service [61 6:24 7:8 17:11 34:23 35:15 19:21 25:24 32:9 R[l1 1:28 room 121 29:24. 30:5 35:16 picked 12) 12:18 35:17 R.D[21 5:21 5:24 Rothemel 111 11:8 (ervieed [41 14:15 picking [2115:23 20:20 ran 121 7:16 16:2 rough 111 35:2 19:17 35:2 35:4 pickup [II 14:14 read PI 5:3 28:18 route ['1 15:13 19:25 ,session 1113:25 pictures 11 J 30:13 29:11 26:19 26:25 28:21 set [I] 38:21 piece [lJ 28:12 ready 111 22:13 29:9 29:17 32:1 setup 111 36:15 pinpoint 111 20:1 real,lIl 35:2 router 111 7:11 seven 121 9:15 18:1 pipes [21 10:15 10:16 realizclIl 10:1 routers 111 S:IO SeWef[11 10: 15 place PI 1:21 3:12 really [41 9:23 13:7 routes 111 26:15 Shamokin 111 20:17 38:13 17:18 32:24 RPR[21 I:IS 38;23 shaper 11) 7:11 places [II 14:23 reason 111 18:9 run [41 15:13 15:15 sheaf[IJ 7:11 PLAINTIFFS [21 1:8 reeeipt[11 28:12 15:25 29: 16 sheet [II 1:26 receiving [IJ 11:17 runaround [II 35:18 38:13 plan[1J 23:18 9:25 runDlng [51 9:9 SHEILA [II 1:4 recessIOn [31 shipping IIJ plantpl 22:15 31:22 12:24 13:1 15:18 17:17 21:23 11:17 31:22 recollection [II 10:23 35:1 shop [71 19:20 20:5 plants [II 10:13 record [7] runs [31 12:7 19:1 20:13 20:14 26:3 4:15 4:16 29:17 34:22 35:24 plastic PI 7:10 10:5 25:8 25:9 36:3 short 111 30:8 10:16 36:4 38:20 Plastics [IJ 10:15 reduced III 38:10 -S- showlIJ 7:16 PLEAS[IJI:I reference [IJ 13:17 SPI 8:20 8:21 showed [I) 13:6 plus [21 12:19 13:11 referring [II 21 :11 8:21 sick PI 17:16 17:17 17:17 point [41 8:5 8:6 registered PI 22:23 safe 121 20:1 20:4 situation [I J 9:13 25:3 23:5 24:17 safef[IJ 26:10 14:5 police [51 17:24 18:3 regular [3\ 31:8 33:12 sales [II 13:6 six 11) 9:15 18:11 28:18 30:16 36:12 salesman [41 11:13 sizc[l] 20:6 policies [61 23:14 relative [31 28:23 13:13 17:13 26:2 smell [I) 13:3 23:23 23:24 27:8 38:14 38:16 salesperson PI 11:21 smooth [IJ 35:11 27:12 27:17 relY[1J 5:4 11:22 12:16 SnOW[3J 16:3 21:8 policy [81 23:13 23:15 rcmember[31 17:25 salespersons [21 11:23 21:14 24:4 24:5 24:8 17:25 34:19 12:5 sole [51 8:15 8:19 27:21 32:17 32:20 report 111 18:10 salvation 111 13:1 9:9 23:8 25:3 prefaced [II 14:20 .reportef[SI 4:5 saved [21 30:17 30:20 someone [I) 11:18 preference (II 5:6 5:1 5:4 6:1 saw [111 7:8 7:10 something's (II 17:16 preparation \II 11:17 38:11 10:7 11:17 13:9 sometimes [8] 7:J9 president [21 7:13 Reporter-Notary [II 14:25 16:20 [8:3 15:4 15:13 15:22 7:[3 38:10 22:6 22:10 22:11 20:15 20:23 25:24 pretty [21 12:14 30:12 represented \I] 5:10 saws PI 12:18 20:6 25:25 previous (II 6:21 reserved \II 3:5 20:7 somewhere [21 33:23 produced \II 4'''''' reside [II 5:19 sayspl 18:10 28:19 34:3 product (1\ 17:6 respeet[2} 31:18 32:17 30:5 son (4J 6:5 11:2 28:24 11:15 . 13:23 professionally [II IJ:II respective [II 3:3 scene \II schedule \II 15:18 soon [1\ 30:6 proprietorship [51 8:19 response [I] 5:16 school [21 6:12 6:13 sorry[lJ. 14:3 9:9 22:20 23:8 responses [II 4:3 sound [31 25:4 screen [I J 36:19 18:6 28:19 Public [41 return [II 36:8 scaling [II 3:3 29:1 1:19 38:3 ridefllJ 27:20 sounds [II 28:19 38:10 38:24 seat[s[ 30:18 30:19 HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 Index Page 5 .. speak - Watsontown JESSE D. JONES Multi-!'lI11C '" speak (II 4:8 supposed 121 7:17 22:H 30:22 32:') 35:17 specified [II 38:13 32:19 tooki"1 13:5 21d IIsedill 14:22 18:16 Speek[11 11:11 surViVe11130:13 27:2 32:1'1 3l:2 1'1:5 31:11 36:8 spell II[ 11:5 swap 111 25:25 35:., 35: 1-\ 3l:(.I IIsinl:121 18:15 32:18 split [II 33:8 switch 161 1(1:1 7 11>:20 35:17 IIsual121 1'\.17 28:21 sporadic [II 20:2 16:23 IH:25 211:10 tnolpl 7:1 7:l IISUIIIlYI'116:2 16:13 20:12 7:12 7:23 12:ll spot [I[ 29:20 2'1:22 HI 16:16 31:25 sworn 121 3:'1 38:S SS[l1 38:1 looling121 12:21 1l:11 Stairs [I[ 28:8 -~,--~------"_._. tools 1221 15:23 Ildl -v- -'('- start [21 8:8 16:12 -~-_._-_._"'_._._.__.,_.-'_... 16:23 19:1,\ 1'1:19 VII( \:10 started [41 6:20 6:2.1 TahoCI\1 2.1:11 1'1:21 1'1:23 20:20 vanl211 14:10 14:16 7:1 8:13 takCSl11 1.125 20:20 20:21 26:0 16:3 \6:17 16:22 state (9\ 4:15 12:12 taking PI 30..1 .IS 7 26: II 2Cl:12 26:14 17:20 17:21 19:10 16:4 16:7 23:2-1 Icchnicnllll 211:25 21:.1 27:13 19:12 19:16 19:22 IL.!O J2:9 32:23 31:25 24:16 24:18 24:20 tcchnicinn 1\1 1,1:13 3J:11 35: 15 10:5 21:2 26:7 27:8 31:9 31:IS 32:11 statement 121 17:24 tcclhl1l 11:10 Irllnscripl121 .1:11 32:14 32:18 33:2 17:25 tcllinl\121 18, I 3 ~7:S ~.2 33:3 34:22 35:17 station [31 tcnl1l 3.122 ).101 trial 121 1:15 3:6 35:24 36:11 36:13 14:12 2n:9 ).1:8 Trianglcl'l 10:12 36:15 36:11 stayed [21 tcrlll III .I(r I ~ IriPl11 2M:23 Vans 111 30:23 9:1,\ 9:15 tcrritorics 111 vuriesl21 9:17 9::8 steel [II \\:11 I ~." trllublcl1ll1:'1 stenographically 111 tcrrilOlYl11 121 ) trucks III 19:2\ vchiclc 12'1 \4:14 tcstificd 111 11) truc II[ 38:20 14:\7 14:19 15:\ 38:9 15:6 18:15 18:16 stereos 111 10:13 tcSlilllony 1'1 .).17 tl'llsl III 7:19 18:\7 19:13 21:22 stickler(1[30:18 38:/, 38:20 trustcdl1123:19 22:2 23:15 26:2 still [41 12:2 18:21 thank I,ll 22:2 30:10 truthful 111 5:16 27:22 27:25 30:12 24:23 25:7 3\:1 37:2 try III 9:12 10:19 30:22 3\:9 31:17 32:18 33:17 36:10 stipulated 111 3:2 thanks 121 3: 12 .1 1:.1 17:10 36:12 STIPULATION 1113:1 thcmselvcs II[ 11I:'1 tryingl51 8:25 11:13 vchicles [321 3:22 stop 151 26:22 27:\ TIIOMAS121 I::i II:IS 2.\:11 28:6 14:6 16:20 18:25 28:8 32:2 32:4 1:27 luucrlll 35:10 19:19 20:10 20:12 stopped [41 16:23 thOllght 121 Io\:! )5:8 tumcdlll 7:3 22:3 22:18 23:5 26:18 2s:6 29:5 thousalld 121 31 :15 TVSIII 10:13 23:9 23:17 23:22 straight [II 15:18 31:17 twicelll 24:5 24:7 24:9 thrccIII 19:5 24:14 24:18 24:22 strike 11\ 31:20 27:7 lWOllI1 4:12 8:12 25:1 25:11 26:1 stuff 1261 8:7 10:16 through"1 12:\" 11:23 24:6 14:14 26:6 26:11 27:2 12:24 13:9 13:10 23:11 23:13 23:15 30:24 33:4 35:16 27:7 27:11 27:15 13:1\ 13:23 14:25 1.t:I 2,1:16 26:17 36:20 36:22 36:23 27:16 30:25 30:25 I 15:19 16:20 16:2.\ ).1:2 lypCPI 4:9 10:16 34:14 20:25 22:4 22:17 Thursday \'II 20::5 33:17 Ventura 11\ 17:21 23:19 24:8 2-1:15 12:10 22:11 26:18 lypcdlll 4:25 vcrbal [II 4:3 30:2 30:\1 30:24 27:1 32:-1 32:7 32:9 32:23 32:25 Thursdays 121 ~(i:2.1 typewriting III 38:11 verify [21 4:24 4:25 33:1 34:2 35:8 .12:1 TypicallYI11 26:1 viablcl11 25:6 submittcd II I 3:23 Tim121 II :12 11:1.\ typing121 4:5 5:; vice[1J 7:13 subsidiary III 6:25 timesllll I~:I 1~:5 Viet III 6:19 Suburban ["'I 14:9 IS:I" IH:2': I ~l: I) -u- Volkswagcn [51 14:13 14:9 14:2:! 1.,:23 19:15 JI):2.\ 20:1 : UndCrl11 23:23 24:7 19:11 \9:12 19:13 15:2 15:4 15:6 31:21 33:Z2 3~:25 2.1:9 2.1:14 17:12 35:18 15:10 16:6 17:19 3.':-1 27:16 38:11 18:16 19:1 11):9 tircsIII 25:19 undcrstood [II 4:13 -w- 19:15 19:IS \9:23 titlelll 20:7 21:1 2\ :2 23:1 unfortunate III J:16 W[I\ 1:7 21:6 21 :25 22:.\ titlct! 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JONES .,. , ... 7:22 7:23 12:11 32:4 -z- weather [151 9:23 zip [I) 5:24 14:)8 14:21 )4:21 14:22 15:12 15:19 16:13 16:15 17:3 17:18 )9:16 20:5 34:2 35:25 Wednesday [21 26:16 32:2 week [51 15:16 19:5 19:5 19:6 20:15 weekends [II 15:19 weekly [I) 19:4 weeks [I) 13:3 wheelllJ 17:2[ WHEREOF [I) 38:21 wherevef[lJ 18:4 Whichevcr [11 26:2 wife [61 15:6 21:9 24:6 24:6 24:14 30:1 WilbUf(9) 11:13 11:25 , 12:2 12:4 [2:6 12:7 16:4 27:10 I 36:6 Wilkes-Barre [II 12:8 WILLIAM [II 1:25 Williamspori [3) 12:10 26:19 32:6 wintCf[61 15:1 15:2 21:19 21:20 34:2 34:[ I winters [lJ 21 :21 wired-in [I) 32:25 Wisconsin [I) 6:25 within[lJ 38:4 witncss [7) 3:8 5:11 10:19 23:3 38:8 38:20 38:21 WITNESSES[lJ 2:1 WOkellJ 16:25 wood [4) 7:9 7:9 . 10:5 10:12 word [II 32:21 worked [21 13:8 13:9 Works III 6:25 worth [I) 26:5 written [I) 32:20 wrote [II [2:J8 -y- yard [2) 10:10 10:11 ycaf[l2} 7:2 8:23 9:12 18:25 21:7 21:8 21:11 21:20 31:17 33:22 34:4 34:8 years ['1 8:)5 8:22 9:15 13:8 J3:17 13:24 23:J6 23:20 York [2) 29:23 30:4 HUGHES, ALBRlGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 Index Page 7 " :..n ~!; C" ?" 1,':= .." I !.l~:: -'l .. , .. .~ c;. - , .. l.'~ ~ :' " \:..~ ()t;;-- , . ..-. L.,' . . ") u I .. ... I ! , , I .. ['. ~: , [2 LL. , 10:::.1: I' .:::0. {,j , u-. (:...) /.=....... .... ,,_.t,.~ .'.,., 't\ M i""~< .',. .'J ":f.,', .A..~ I """""/ ORIGINAL HELGA HOOD, INDIVIDUALLY, ANNE: IN TilE COURT OF COMMOH PLEAS M, COX, ADMINISTRATRIX OF TilE CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF GUNNAR HOOD, DECEASED: ASSIGNEES/SUBROGEES OF SHEILA I. KUHNS, IN HER CAPACITY AS ADMINISTRATRIX OF THE ESTATE OF: JOHN W. KUHNS, DECEASED, PLAINTIFFS CIVIL ACTION - LAW V NO. 1998-4121 PENNSYLVANIA NATIONAL INSURANCE: COMPANY A/K/A PENN NATIONAL INSURANCE COMPANY, JURY TRIAL DEMANDED DEFENDANT DEPOSITION OF: JESSE D. JONES TAKEN BY: DEFENDANT BEFORE: KAREN C. ALBRIGHT, RPR NOTARY PUBLIC DATE: FEBRUARY 8, 1999, 1:00 P,M. PLACE: J & J CARBIDE WATSONTOWN, PENNSYLVANIA PPEARANCES: (') cO (I 1; w ";"'L ;"l. ':7J "-.1 i -~") rn , , ~.:i) ::'1 :'1 l. c:: ";.11" U;; .,- liC} .- . ~1~~~ ~~" -'0 ~~; I'.' <.:! ~~S p (-.) r:- .',:1 f"n C ;..::.: '::J :;::! ..... C:J -< (Jl -< DOUGLAS, DOUGLAS & DOUGLAS BY: WILLIAM P. DOUGLAS, ESQUIRE FOR - PLAINTIFFS THOMAS, THOMAS & HAFER, LLP BY: BROOKS R. FOLAND, ESQUIRE FOR - DEFENDANT 2000 Linglestown Road' Suite 302 · Harrisburg, PA 17110 7l7.540.0220' Fax 717.540.0221 · Lancaster 717.393.5101 n 1 2 NAME 3 JESSE JONES 4 BY: MR. FOLAND 5 BY: MR. DOUGLAS 6 7 8 9 10 11 12 (".~) 13 ":"1""- 14 15 16 17 18 19 20 21 22 23 24 25 '. , "-' 2 WI'rNESSES EXAMINA'rION 3 31 l") 1 2 3 4 5 6 7 8 9 10 11 12 ("') 13 '"\',.v'" 14 15 16 17 18 19 20 21 22 23 24 25 U 3 STIPULATION It is hereby stipulated by and between counsel for the respective parties that sealing, certification and filing are hereby waived; and that all objections except as to the form of the question are reserved to the time of trial. JESSE JONES, called as a witness, being duly sworn, testified as follows: EXAMINATION BY MR. FOLAND: Q Mr, Jones, thanks for inviting us to your place of employment today to take your deposition. We appreciate your time. My name's Brooks Foland. I'm here on behalf of Penn National Insurance Company in a lawsuit that's been filed arising out of the unfortunate accident that happened back in October of 1996, involving one of your former employees, John Kuhns, I believe it is. A Right. Q And we're here today to ask you some questions, not necessarily about the accident, but about what Mr. Kuhns did for you and your vehicles, and that kind of thing. Have you ever submitted to a deposition before? A No. Q A deposition is a question and answer session. r) 1 2 3 4 5 6 7 8 9 10 11 12 ('"'' 13 .. ) '"'",t 14 15 16 17 18 19 20 21 22 23 24 25 '-.../ 4 Mr. Douglas and myself will ask you some questions about Mr. Kuhns' employment, those kinds of things, and we'll ask that you give us verbal responses to our questions, A okay. Q That's because the court reporter is typing all this down. Is that fair? A Yes. Q And I'll ask that only one of us speak at one time so that she can type it down. Is that fair? A Yes. Q And if you answer a question that I ask, I'll assume two things. I'll assume that you both heard and understood the question. Is that fair? A Yes. Q Could you state your name for the record, full name for the record? A Full names's Jesse Donald Johns. Q That's J-E-S-S-E? A Right. Q Have you ever given a deposition before? A No. Q The deposition transcript that will be produced after we meet here today can be sent to your house for you to verify it. Not to change anything that's in there, but to verify whether or not something was typed incorrectly ,...-., I 1 2 3 4 5 6 7 8 9 10 11 12 (;~) 13 14 15 16 17 18 19 20 21 22 23 24 25 5 by the court reporter. Now, that decision to make is yours. You can either decide to get that transcript at your house and read over it and make changes that are incorrect, or you can rely on what the court reporter is typing down today and just waive that. Do you have any preference, or would you like to wait until the end of the deposition to tell us what you want to do? A Yeah, I'll wait until the end. Q I'll make a note of that. I ask you that because you're not represented here today by counsel, you're here as an independent witness, Mr. Kuhns' employer, that's why I have to ask whether or not you you'd like to do that. A All right. Q Are you on any medications here today that would affect your ability to be truthful in response to any questions here today? A No. Q Can you tell us where you currently reside, Mr. Jones? A R.D. 5, Danville, Pennsylvania. Q And your home phone number, sir? A 275-0593. Q What's the zip at R.D. 5 there? A 17821. (\ 1 2 3 4 5 6 7 8 9 10 11 12 <'"'<""') 13 \',.'.'.! 14 15 16 17 18 19 20 21 22 23 24 25 6 Q So the court reporter can mail that to you if you need to. Do you have any kids? I know you do; we just talked about it. A One son. Q What's his name? A Michael. Q He's age 30, right? A 29 right now. Q And very briefly, can you give me your educational background? A Just high school. Q Where did you go to high school? A Danville, Pennsylvania. Q When did you graduate? A 1966. Q What did you do after that, 1966, go into business or work for somebody? What did you do? A No, I got drafted, went to viet Nam, and then we started this business -- well, not this business, but a previous carbide business in 1971, with my father and brother. Q What was that business called? A It started out as Badger Service Center. That was a subsidiary of wisconsin Knife Works. And we bought " , \, ,~ , 1 2 3 4 5 6 7 8 9 10 11 12 I,:j',"<"'." 13 \.i) 14 15 16 17 18 19 20 21 22 23 24 25 7 that franchise out and started Watsontown Tool company. Q What year would that have been that you purchased that and turned it into Watsontown Tool? A I think it was 1972. Q And you say that you were in the carbide business. I don't knoW a lot about that. Can you tell me what that business is? A We manufacture and service carbide saw blades and wood working cutters for the wood working industry, plastic industry, nonferroUs metals. It's like saw blades, router bits, shear shaper heads, things like that. Q What was your capacity at Watsontown Tool? Are you president or vice president? A No, I found out the hard way all I was, was an employee. Q Your father or brother ran the show? A No, my father did. It was supposed to be an equal partnership, but we found out the hard way that sometimes you can't even trust your father. If it's not on paper and in the courts, you don't have anything, and that's what we found out. Q How long did you operate as Watsontown or work for watsontown Tool? A Till 1982. Q What happened then? 8 () 1 A Well, we had a partnership disagreement, and my 2 father forced my brother and I out of the business. 3 Q What's your brother's name? 4 A Eugene. 5 Q \~hat did you do at that point? 6 A At that point we -- we went to the bank and put 7 everything we owned, our homes and stuff up, mortgaged 8 them to borrow the money to start J & J Carbide in 1982. 9 Q Does J & J Carbide do the same thing, so you 10 have bits, routers -- 11 A Same thing. Exact same thing. 12 Q Is J & J Carbide a partnership? 13 A No. It was when we started, it was a 14 partnership. But then I bought my brother's interest, 15 it's been four and a half years ago, I became the sole 16 owner. 17 Q Approximately 1995? 18 A Yeah. 19 Q Now it's operating as a sole proprietorship? 20 A No, it's an S corporation now. 21 Q S Corp. how long has it been an S Corp? 22 A Almost two years. 23 Q Do you have any idea about a month and a year 24 that you were incorporated, the best you can? 25 A Well, it was after the accident. I'm trying to '.~:,.../ /'~ '1 , 1 2 3 4 5 6 7 8 9 10 11 12 ,(:,:.;,. 13 r ) "r.....,;. 14 15 16 17 18 19 20 21 22 23 24 25 9 think. When would that have been in I think January of 1998. Q '97? A '97, I mean, Q That's okay to do that. If you don't know months and dates, just tell me you're approximating. So from 1995, when you bought out your brother's interest until, say, January of '97, you were running J & J as a sole proprietorship? A Right. Q Let's talk about what J & J was doing back in 1996. Let's try to focus in on that year. Can you recall how many employees J & J had at that point? A It would be 9 or 10. I stayed at that figure for the last probably six or seven years. We have stayed right around that figure, anywhere from 8 to 10 maybe, in there. It varies. Q It varies because this business changes or is cyclical in nature? A It changes with the economy. It's affected quite a bit by if economy. Q Affected by the lumber industry, too? A Lumber industry. Weather. It's really funny. We deal with so many companies, that's why it fluctuates. We'll see the recession coming, the next one, before most t1 1 2 3 4 5 6 7 8 9 10 11 12 ("') 13 'f~~:,\~:' 14 15 16 17 18 19 20 21 22 23 24 25 .........:.-' 10 people realize it's coming because we work with so many different people. Q Who do you cell to? A You know, your major manufacturing companies that deals with your wood working or plastic industry, aluminum industry. Q But you sell to the saw manufacturers? A No, we sell to the factories, the industries themselves. Q Whether it be a lumber yard or -- A It would be a lumber yard, it can be like Triangle Pacific corporation, Appalachia Wood, cabinet Industries, make stereos or TVs, your aluminum plants, conair Aluminum, Aluminum Extrusions, your crestline plastics down your way where they make the sewer pipes and stuff, plastic pipes. that's cut HR. DOUGLAS: THE WITNESS: BY MR. FOLAND: Q We're going That type industry. Anything You cut and cell blades. -- we try to we compete. back to '96, and you may not recall exactly who was here, but call you tell me, do you have a recollection of what employees were here in '96? A Yeah. Q Can you list them off for me, and tell me what n 11 1 they do or did? 2 A Well, my son, and he's a grinder. 3 Q What's his name? 4 A Michael Jones. Keith Kenser, he's my foreman. 5 Q How do you spell that last name? 6 A I could get you a list of the employees. 7 Q That's okay. That's not necessary. 8 A Frank Rothemel, he does all the braising. 9 Q Braising? 10 A Braising. He puts the carbide teeth on to the 11 steel bodies. Sue Speck, she was my secretary. Michael 12 Ditty, he's a grinder. Tim Aukenbach, he's a grinder. 13 Wilbur Francola, he's a salesman. I'm trying to think. I 14 don't think Tim was here. Oh, Doug Kuhns. Yeah, that was 15 John's son. 16 Q What did he do? 17 A He's saw preparation, receiving, shipping. I'm 18 trying to think who else. There's someone else. 19 Q John. 20 A Yeah, and I had John. How many is that? 21 Q That's good. He was a salesperson? 22 A He was a salesperson. 23 Q So in '96, you had two salespersons? 24 A Right. 25 Q Wilbur Francola and John Kuhns? , , "'-'\ 1 2 3 4 5 6 7 8 9 10 11 12 t)~;;;";' 13 . ) '::"'1",- 14 15 16 17 18 19 20 21 22 23 24 25 12 A Right. Q Is Wilbur Franco1a still with you? A Yes, he is. Q What did John and wilbur do in ' 96? Can you tell me a little bit about what they did as salespersons? A Well, Wilbur -- we call him Buddy. He hates Wilbur, so we call him Buddy. He runs the Philadelphia-Pottstown-Reading area, wilkes-Barre, that was his territories that he covered, that area. And John covered the williamsport, the local area right here around Watsontown, and Danville, then he went to Harrisburg, carlisle, Chambersburg, that area. Then state College and Clearfield area was John's territory. Q That's a pretty big area. A Yeah. Q What did John do as a salesperson? You talked about where he went. What did he do? A He picked up and delivered the saws, wrote them up and delivered them back to the customer. Plus he gave them technical, you know, advice, or whatever they needed, because John was so experienced in carbide tooling, he was a tooling engineer, Cabinet Industries before he came to work for me. And he was a tool designer there for them. And they had a layoff due to the recession and stuff. It was n Godsend to me. I owe everything I have to John ~ 1 2 3 4 5 6 7 8 9 10 11 12 0 13 .~, 14 15 16 17 18 19 20 21 22 23 24 25 0 13 because he was like my salvation. When the recession was as bad as it was, I was so close to bankruptcy that you could smell it. I didn't take a pay check for 26 weeks just so I could pay my employees. And I took -- John was laid off and he came to work for me, and I showed him the sales part of it as far as you didn't really have to tell John, because I had worked with him at Cabinet Industries for 15 years, and stuff, when he worked there. I saw him every day, and stuff, because I called on that account every day. So I knew John personally, plus professionally and stuff. And when he came to work for me, it was more or less, you know, as a salesman and as a technician to be able to take care of machinery and whatever. Because John was a handyman. He could do anything Q I think I looked in the file and there was a reference that you had been friends about 20 years before he came to work for you. A Yeah, yeah. I knew him first day he went to work at Cabinet Industries. Like I said, I lived beside Cabinet Industries when I was a kid growing up. That was my first job there. I dealt with people there, the owner I know well. The owner's son has it now, and stuff. I've known him ever since I was 12 years old with that account. And John and I, you know, we not only were .business ,0 1 2 3 4 5 6 7 8 9 10 11 12 t'''::'''.'!.' 13 I.",) 14 15 16 17 18 19 20 21 22 23 24 25 . ~' ...,. 14 associates, but we were best of friends. I thought more of John than I did my brother. Q I'm very sorry for your loss. A That's how it was. Q It's a difficult situation for you. Can you tell me a little bit about the vehicles that the business had back in '96? Just tell me what they were first. A I had a Suburban, four-wheel drive Suburban. I think it was a '94. And we had a '95 Astro Van, which that's what John drove normally. And I had a Buick Century station wagon, that's what Buddy drove. And we had a '94 Volkswagen that had so many miles on, we just left it at the garage for a pickup vehicle whenever you had one serviced. Q And I believe you said that the '95 Astro Van was Mr. Kuhns' usual or normal vehicle? A That was his normal -- in good weather that was his normal vehicle to drive. Q And you prefaced that by saying in good weather. What did he use in not good weather? A In bad weather he used my Suburban, the four-wheel drive Suburban, because some of the places he goes to you need four-wheel drive to go into them, some of the saw mills and stuff, it takes a four-wheel drive ,,;,H_..,';"',:t' ,"'-'" , I 1 2 3 4 5 6 7 8 9 10 11 12 ,,";;,.,~ 13 t",."J 14 15 16 17 18 19 20 21 22 23 24 25 , , I '--./ vehicle in the winter time to get there. A lot of times in the winter he drove the Suburban -- either John was driving it, depending on what days he needed it. Sometimes. But he drove my Suburban for certain areas that he covered. And a lot of times, I had another Suburban at my house, my own personal vehicle my wife and I had, and I'd drive that to work, because you couldn't get anywhere. You need the four-wheel drive. Q Would Buddy or John call you up and say, hey, can I use the work Suburban today? A Most time I made the call on who was going to use what, because it depended on -- in bad weather sometimes I wouldn't even let them run the route, because one of them couldn't have the four-wheel drive, so we'd just wait until the next day. We only run four days a week pick up and delivery here, because of your holidays always mess things up. If you have a five-day delivery schedule you can never keep it running straight with your four-day weekends, if you have bad weather, and stuff, you can never make that day up. And our customers count on you being there that day. They can wait on you an extra day sometimes, but they're depending on you being there because of the tools that you're picking up and delivering back, they only have the minimum amount that they need to run, so that's why it's so dependant. You have to be so 15 II""") 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 to dependable to get there. Q Let me ask it this way. John usually ran the '95 Astro Van, but let's say it was a lot of snoW the night before and he has to be in state college. Wilbur doesn't have to be too far away that next day. Would the '94 work Suburban be available to John to use to go to State college? A Yeah, it would be either at my house or -- Q Or here? A Or here, you know. Q Where would they pick up the keys if they were going to get in early and get a head start out? A Usually we'd look at the weather forecast, and you had to make it the day before because of loading all the tools. You almost had to see what the weather was going to be. At my house usually they would, you know, John would bring the van to my house and we'd switch, or I'd go to his house, because John and I only lived about a mile from one another. I'd go down to his house and we'd just switch vehicles. I saw him every day, and stuff. But you know, as far as him driving and getting it, it was either he brought his Astro Van back to my house or stopped on his way home and we'd switch tools there at my house, and stuff. And then he'd take it. Or the next morning, if we woke up the next morning and it was so bad, f") 1 2 3 4 5 6 7 8 9 10 11 12 C".:'J 13 .,'(;, 14 15 16 17 18 19 20 21 22 23 24 25 17 I'd go down, or John would corne -- most of the time he wouldn't get to my house if it's too bad. There are customers, they don't care what the weather is like, you have to be there. We've had days you leave 3:00 in the morning get home at midnight just to call on them customers, because they have to have that product, they can't wait. Q Well, they got deadlines, too, right? A They got deadlines. That's how we created this business. Customer comes first, and we try to give the best service that we can. And that's why our business has grown and it's where it's at today, because they could always count -- they know if my salesman or myself aren't at a customer at a certain time on a certain day, the normal day that we're there, they call to see if something's happened. They want to know is Jesse sick, is Buddy sick, or was John sick, is he running today with the bad weather, because, boy, we really need this. Like I said, that's why we have the four-wheel drive Suburban. And we had chains for the Astro Van and -- now we have a Ventura Van with all wheel drive, which makes it nice with that. But you have to be there. Q After the accident in october, you gave a statement to the police officer, the sergeant. Do you remember giving that statement? Do you remember talking n 1 2 3 4 5 6 7 8 9 10 11 12 ('''''') 13 ,,,,,.:,c,_,t" 14 15 16 17 18 19 20 21' 22 23 24 25 , \.......J 18 to the sergeant after, about seven hours after the accident? A I know I saw a police sergeant there, I think in Chambersburg, or wherever the barracks was, there that night, Q Around 7:45 at night, does that sound about right to you? A Yeah, it probably would have been. Q The only reason I ask you that is in part of his narrative part of the report he says that you told the sergeant or the police officer that that wasn't John's normal car. And that would be consistent with what you're telling me today, right? A Right. Q And that he was using another vehicle, but he had used that vehicle, the '94 Suburban, numerous times prior to the accident and was familiar with the vehicle? A Right. Q Was that accurate at that time? A Yeah. Q And that's still accurate? A Yes. Q You can't -- I'm sure you can't tell me, but I'm going to ask you anyway. Do you know how many times in a given year John would switch vehicles with you and ,r--., 1 2 3 4 5 6 7 8 9 10 11 12 ";"';~" 13 <' ) '. '-'I<r'("I-' 14 15 16 17 18 19 20 21 22 23 24 25 19 use the Suburban to go make his runs? A I have no idea what it might have been. You know, it wasn't excessive. Q Could we do it on a weekly basis, say, break it down by week or by month? He used it once a week or twice a week? A No, I wouldn't say, because it might -- you could have went for a couple months maybe and him not drive that Suburban, then there's other times when something was being done to the Astro Van that you needed the -- that he couldn't take the Volkswagen. Because before we got the Astro Van John drove the Volkswagen, the '94 Volkswagen. He had access to that vehicle. But it couldn't carry the amount of tools that you could carry in the Suburban. And there was times in the summer time and better weather that something would be the Astro Van would be in the garage being serviced, and John would take the Suburban, because you needed the capacity to haul the tools. It would be a matter of us exchanging vehicles here at the shop, because he would come in here every day to pick up his tools and we'd exchange the trucks right here. I'd just take the Astro Van home and he'd take the Suburban home, you know, loaded with tools. Because different times, depends on where he was going, what time he left in the morning on the route. f\ 1 2 3 4 5 6 7 8 9 10 11 12 ~~,j;~1't 13 ( ) "';\',"ti.- 14 15 16 17 18 19 20 21 22 23 24 25 ~_.-.) Q Would it be safe to say you can't pinpoint it 20 because it's sporadic A No. Q Would it be safe to say, though, if the Astro Van was in the shop, if there was bad weather or because if there were a lot of saws or because of the size of the saws he would have access to the '94 Suburban if he needed it? A Right. Q And you guys would just switch vehicles or he'd come here and get it? A We would switch vehicles. Most of the times it was right here, because John came to the shop every day. Buddy Francola, he only Comes to the shop here once a week, and sometimes maybe Buddy might not come here for a month. He meets me at my house in Danville, because he lives in Shamokin. And that's 50 miles of driving less that he has to make, And I don't like to keep him out any longer than I have to. So instead of him driving over here and picking up his tools, I take BUddy's tools to Danville, and he exchange tools there at my house same day. I've done it with John already sometimes, too, if he had a meeting or something, hey, I'm working the Harrisburg area, could you bring my Thursday stuff home, n 1 2 3 4 5 6 7 8 9 10 11 12 ,',''''''''''t 13 ( ) \'-,,:.'::1' 14 15 16 17 18 19 20 21 22 23 24 25 , '.___..r 21 and I'll say yes. I'll just put them in the Suburban, tomorrow you take the Suburban, I'll take the Astro Van. That Q Makes sense. A I didn't have -- you know, it wasn't one of them things, that's my Suburban, nobody else drives it. They drive it almost as much as me. Last year -- or the year before with all the snow, they drove it more than I did. I was having trouble getting to work because my wife wanted she had to go to work. Q What year are you referring to they drove it more than you did, it seems like? A Back there -- is that '94, when we had so much snow? Q I believe it was. A I know I had 51 inches on the roof of my house. MR. DOUGLAS: That's January of '96. BY MR. FOLAND: Q There was a bad winter in '94 and had a bad winter again in '96. There was a year in between the bad winters. A I didn't even know what the vehicle was like. Either John had it or Buddy, We would be running a day behind because. The only way you could get there was with the Suburban. () 1 2 3 4 5 6 7 8 9 10 11 12 n 13 l_~! 14 15 16 17 18 19 20 21 22 23 24 25 i ~.~ 22 That's why I always kept a four-wheel drive vehicle. Thank Got, I've never been audited to any great extent with the IRS to explain about vehicles, because different people say, how do you have a Suburban and stuff in the business. It's easy. I take him out here to the saw mill some time, and you get back in there in your car. Q It's hard. Some of the roads aren't paved, too. A They're not paved. I use four-wheel drive every Thursday to get in one saw mill. It's a great big saw mill, but there's at least 6, 8 inches of mud in that driveway. Every Thursday. When you come in their driveway, push it in four-wheel drive and get ready to go through there, If you don't have it, you can't get back in their plant. Q You have to walk. A It's hard to walk in that stuff. Q Who owned those four vehicles we're talking about? A It was a proprietorship then, so they were in my they were in doing business as J & J Carbide. My name, doing business as J & J Carbide. That's how they were registered. Q They were all company owned? A They were all company owned, n 1 2 3 4 5 6 7 8 9 10 11 12 (''"''') 13 ....~'~"..','~~ 14 15 16 17 18 19 20 21 22 23 24 25 24 A Through the business. Doing business as J & J Carbide. Just the way they were titled, that's the way they were insured, Q Did you have your own policy at home for your vehicles, at home, personal auto policy? A My wife -- yeah, my wife and I, the two vehicles we had at home were under our -- a separate joint policy, and stuff. Q What vehicles were covered under that? You said another Suburban? A I had another Suburban, or a Tahoe, I'm trying to think. I think it was a Suburban. Yes, it was a Suburban. I had a Suburban and an Olds 88, and that was under my wife and I personal vehicles, you know, two car discount for the multi-car discount, and stuff, because our homeowners, everything was through State Farm. And that how they were registered. Q Who insured the business vehicles? State Farm, also, I think? A State Farm, also. Q You mentioned that the business owned those vehicles. Were they owned outright, or was there financing on them still, or were they leased? A No, I think they were all paid for. MR. DOUGLAS: I want to put an objection to the n 1 2 3 4 5 6 7 8 9 10 11 12 ..ii'.'li ) 13 (, ; ~ 14 15 16 17 18 19 20 21 22 23 24 25 25 form. We're back to that, who owned the vehicles. I think he owned them doing business as. There is no business at that point who owned them, it's a sole proprietorship. MR. FOLAND: Sure. Last time I looked I think that is a business, a viable business entity. MR. DOUGLAS: Yeah, still him as a person. MR. FOLAND: Off the record. (Discussion held off the record.) BY MR. FOLAND: Q Who pays to take care of those vehicles? A The business. MR. DOUGLAS: This is '96? MR. FOLAND: Yeah, we're talking '96. BY MR. FOLAND: Q The business? A Business. Q Changing the oil? A Changing the oil, gas, tires, everything, one hundred percent was taken care of. Q By J & J Carbide? A By J & J Carbide. Q I don't know if it's important, but you indicated that sometimes John, Mr. Kuhns, would pick up the Suburban here, sometimes he'd do a little swap at your r) 1 2 3 4 5 6 7 8 9 10 11 12 ~('<i-iil".1I. 13 t,.",,) 14 15 16 17 18 19 20 21 22 23 24 25 () house. Typically, where were the company vehicles kept? A Whichever salesman had his vehicle. They took 26 them home with them from the shop. They weren't kept here in the parking lot overnight, because once you loaded them up, you could have anywhere from 5 to $50,000 worth of tools in them. So they always, the vehicles were always taken home, you know. John had the Astro Van, he would take that home, and Buddy, he would take the Buick home, the station wagon. Q Am I hearing you it's because it was safer for the tools inside those vehicles to take them home? A Yeah. You couldn't load the tools in here and I couldn't have people come in at 6:00 in the morning to load their tools. Normally they would get on the road, I'd say probably around 6:00, to go on their routes. Now, there was days that -- well, like the Wednesday when John went to Harrisburg, when he came back up through he just stopped at his house on the way home, because Thursday he was going to Williamsport is where his route was, or out to Clearfield. Instead of coming all the way here, loading up, and going back to Danville, it's more cost effective to stop in Danville, and the next morning he would get up and come in here. And then theY'd have the guys here unload him on that day, Thursdays, then he would bring the tools here, load up and go out on his route, and ("'"'\ 1 2 3 4 5 6 7 8 9 10 11 12 ;;;,,"),) 13 I) ''''''>,,,;J.' 14 15 16 17 18 19 20 21 22 23 24 25 ,_":"j I 27 stop here Thursday afternoon and unload, then load up the next day's. But they took the vehicles home with them, like I said, they were always loaded with tools for the customer. . Q I didn't see anything in the paper work that I have that would indicate that the '94 Suburban and these other three company vehicles were covered by insurance other than those State Farm policies that you were telling me about. Can you tell me whether or not you ever had any conversations with John or Wilbur or anyone else that would use the cars that they should insure those vehicles under their personal auto policies? A No. Q Do you know whether, in fact, whether any of those employees that have access to those vehicles ever insured anyone of those vehicles under their personal policies? A No. Q You don't know or you don't. think they did? A I don't think they did. Because I had a rider on my policy itself, if they had to use their own personal vehicle to deliver a tool, if one of the employees out here would get in his car with a customer's tools, he's covered. If something would happen that you didn't have a vehicle, here it is. But that's the only thing extra that n 1 2 3 4 5 6 7 8 9 10 11 12 0~l, 13 (I ~ffi~~ 14 15 16 17 18 19 20 21 22 23 24 25 28 I had. Q On the date of the accident, October 9th, 1996, do you know what John was doing at the time of the accident? A Well, he was making a delivery. He had just stopped I'm trying to think what the name of the company was that he was at. It might have been custom stairs Millworks, something, that he had just made a stop like 15, 20 minutes before the accident. Q For lunch, I think? A Yeah, right after he made that delivery, from what we could piece together, and with the one receipt that we found that he had went to -- I think to a Burger King or something and had bought something there, then it was just a couple miles up the road to where the accident was. Q So it's your information, I think you conveyed this to the police I'll read it to you and you tell me if it sounds right or doesn't sound right. It says: Mr. Kuhns had left from the Danvil1e area about 6:30 hours and was on his usual route at the time of the accident. He had eaten at Hardee's in Dillsburg at about 11:45 hours. According to a relative, the trip from Dillsburg to the scene of the accident is approximately 35 miles and would have taken him approximately one hour. .~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 29 Does that sound accurate to you from what you recall ? A It might have been. I didn't think it was that far from work where his last customer was to where the accident was. But I know he had stopped to get something to eat. Q But there's no doubt in your mind after he ate he was heading for the business? A He was on his normal route. Q Does that help you determine where he was headed, what I just read to you? A Yeah. I know where he was headed, you know. I think it's the exit off of -- I forget what exit number it is off 81. Q l~hich customer is up there? A I'm not sure. But -- because I don't run that route now. I know Keith knows it, because Keith runs that right now. Q Sure. A I haven't been back to that spot since the night that I went down there. Q Did you get a phone call? A I got a phone call from the hospital in York. The nurse there in the emergency room nurse called me, because John told her to call me. Before he even called r1 1 2 3 4 5 6 7 8 9 10 11 12 .j.;;.,,(>,. 13 ( ) -")..,.,:,,.;;. 14 15 16 17 18 19 20 21 22 23 24 25 j .....-.... 31 Like I said, thank God he's in my Suburban. But when I got there and seen it, oh, my God. MR, FOLAND: That's all I have. Thanks for your time; I appreciate it. EXAMINATION BY MR. DOUGLAS: Q Jesse, I just have a few questions. It's my understanding from what you told us that the regular vehicle he would use would be the Astro Van? A Right. Q He had used that for some time prior to 1996? A Yeah. Q How long did he use that for? A We bought it new in '95, and he probably had 80, 90 thousand miles on it when -- when he had the accident. We put on 80 -- I'll say anywhere from 75, 85 thousand miles a year on a vehicle, Q With respect to that Astro Van, would that be something that he would drive home every night back in 1996, you know, when he -- strike that. You stated there were times when he would corne here to the plant. Would me always come here to the plant at the end of the day, or would he come here at the beginning of the day, or both? A Usually at the end of the day, except for r", I 1 2 3 4 5 6 7 8 9 10 11 12 (;;~' 13 (,,,,) 14 15 16 17 18 19 20 21 22 23 24 25 ) , "--.,..~ 32 Thursdays, because his route ended in Harrisburg and he would stop on his way home Wednesday night, and then they would come to Danvi11e -- yeah, Danville he'd come to Watsontown Thursday morning, because his first stop was in -- right up here at Montgomery, He was going to work the Williamsport area. So he would come on into work, then, Thursday morning here. And other than that, that's the only day that he didn't come here in the evening, and stuff, to pick up tools. Q When he would come here in the evening, obviously he would come in the Astro Van because he had been on the road all day? A Right. Q Would he leave in that Astro Van and go to his house in Danville? A Yeah, Q Did you have any policy with respect to that Astro Van as far as using it as a personal vehicle, or when they took that home were they supposed to park it? A I don't have a written policy that's, you know, in my handbook, or whatever. It was just, you know, word of mouth, you drove it home because, like I said, it was always full of customers' tools, and stuff. It's not like you could really use it for personal use. It had a wired-in cage and holders and stuff to put our tools in, n 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 34 would have been less than that, because of the amount of bad weather and stuff through the winter. Q So your guess would be it would be somewhere in the neighborhood of about ten times in a year, give or take? A Give or take. MR. FOLAND: Object. I think his testimony was at least ten a year, Billy. BY MR. DOUGLAS: Q Would it be fair to say then if it was a mild winter, he wouldn't need to use it as much? A Right. Q Prior to today, has anybody from any insurance company talked to you about the use of these vehicles? A Not to my -- you know, nobody that I know of's contacted me about anything. Q To the best of your knowledge, nobody from Pennsylvania National ever contacted you about anything? A Not to my knowledge. I don't remember it, anyway. Q On the day of the accident, it's my understanding that the Astro Van was in the shop for service, is that correct? A Right. Q And what was it having done? n 1 2 3 4 5 6 7 8 9 10 11 12 .,';.."O'.;f' 13 ( J ~,.,.,;,~ ' 14 15 16 17 18 19 20 21 22 23 24 25 35 A It had some kind of miss. it was just running real rough. And we just took it in to get it serviced, you know, have it checked. Q When you say we took it in to get it serviced, who dropped it off? Or did somebody come get it? A Myself. The day that that happened is John -- I think it was driving home, because it was missing and stuff, so we put some dry gas in it. We thought maybe it had some moisture or something, might have had some bad gas. So we put dry gas, engine tuner, injection cleaner, whatever, to see if it would smooth out. He was driving it home that night. When he got home he called me and said, it's just as bad as it was. So I said, all right. So I took the Suburban down to his house and we took all the tools out. And the service garage that does the service work is only about two miles from there, so I just took the Astra Van, dropped it off. I picked up our old Volkswagen there that we use as a runaround car, and brought that and let John have the Suburban that night. Q Day in and day out, would that Suburban go home with you, would that be the normal course? A with me. Q Then if you'd have an occasion such as this thing where the Astro Van had to be in the shop, or if it was bad weather where they may need it, then on that t""') ,.~';':':q C,;;,..,.,) 1 2 3 36 occasion they would borrow the suburban? A Right. MR. DOUGLAS: Off the record. 4 (Discussion held off the record.) 5 BY MR. DOUGLAS: 6 On the occasion when either Buddy -- Wilbur Q 7 Francola -- or John would borrow the suburban, after they 8 used it would they then return it to you? 9 10 A Yes. Q And then they'd use their vehicle, be it the 11 Astro Van or the Century station wagon? 12 13 A Yeah, they'd go back to their regular vehicle. You described the Astro Van, that it was Q 14 equipped, it had a cage in it. Was the back of the Astro 15 Van, for lack of a better term, a commercial-type setup 16 where you'd just have a cage and then an open cargo back 17 18 19 20 21 22 23 24 25 / A Right. Q Or closed cargo back, excuse me. A It's closed. It had the metal screen. Q Were there two seats in it? A Yes. Q Two front seats? A Two front seats. Q I assume no seats in the back? A Right. 37 (l 1 2 3 you. 4 5 6 7 8 9 10 11 12 (""") 13 ":-'.'.1 14 15 16 17 18 19 20 21 22 23 24 25 -'--;"~' MR. DOUGLAS: That's all the questions I have. MR. FOLAND: I don't have any others. Thank (The deposition was concluded at 1:50 p.m.) 38 n 1 COUNTY OF CUMBERLAND SS 2 COMMONWEALTH OF PENNSYLVANIA: 3 I, Karen C. Albright, a Notary PUblic, 4 authorized to administer oaths within and for the 5 Commonwealth of Pennsylvania, do hereby certify that the 6 foregoing is the testimony of JESSE JONES. 7 I further certify that before the taking of 8 said deposition, the witness was duly sworn; that the 9 questions and answers were taken down stenographically by 10 the said Reporter-Notary PUblic, and afterwards reduced to 11 typewriting under the direction of said Reporter. , h\ ') ( ".".., 12 I further certify that said deposition was 13 taken at the time and place specified in the caption sheet 14 hereby. I further certify that I am not a relative or 15 employee or attorney or counsel to any of the parties, or 16 a relative or employee of such attorney or counsel, or 17 financially interested directly or indirectly in this 18 action. 19 I further certify that said deposition constitutes 20 a true record of the testimony given by the said witness. 21 IN WITNESS WHEREOF, I have hereunto set my hand 22 this 23rd day of February, 1999. 23 24 25 NOTARIAL SEAL KA~EN G. ALBRIGHT, No",ry Public MMe"hanl~sburg. Cumborland Coun Y CommisSion Expires July 101, ~o~o " w o R o I N o E X j.... ,"") ;~~:'!; r. U @ M It. P n, U 1- agc $50,000 - busincss JESSE D. 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HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 Indcx Page 1 C - Eugene JESSE D. JONES Multi-Page'" CI31 1:18 38:3 companies 121 9:24 day's[ll 27:2 5:5 10:15 16:19 38:23 10:4 days 1'1 15:3 15:15 17:1 19:5 29:21 Cabinet 151 10:12 company 1101 1:13 17:4 26:16 35:14 38:9 12:22 13:8 13:20 1:14 3:15 7:1 dcadlll 30:8 drafted III 6: 19 13:21 22:24 22:25 26:1 deadlines 121 17:8 drive 1161 14:9 14:19 eage[31 32:25 36:14 27:7 28:7 34:14 17:9 14:23 14:24 14:25 . 36:16 eompcte III 10:19 dcal[ll 9:24 15:7 15:8 15:14 capacity 131 Conair III 10: 14 17:19 11:21 19:9 1:5 deals III 10:5 21 :7 22:1 22:9 7:12 19:18 concerned III 30:1 caption /1138: 13 concluded III dealtlll 13:22 22:13 31:19 37:4 DECEASED 121 1:3 drives III 21:6 car [51 18:12 22:6 consistentlll 18:12 1:7 driveway 121 22:12 , 24:14 27:23 35:18 constitutes III 38:19 decide III 5:2 carbide [151 1:21 22:13 6:21 7:5 7:8 contacted 121 34:16 decision [II 5:1 driving 11115:3 16:21 8:8 8:9 8:12 34:18 DEFENDANTI31 1:15 20:17 20:19 30:23 11:10 12:21 22:21 conversations III 27:10 1:17 1:29 35:7 35:11 22:22 23:4 24:2 conveyed III 28:17 delivefl'127:22 dropped [21 35:5 25:21 25:22 Corp 121 8:21 8:21 delivered 121 12:18 35:17 cafC [41 13:14 17:3 corporation 121 8:20 12:19 drove IHI 14:11 14:12 25:11 25:20 10:12 delivering [II 15:23 15:2 15:4 19:12 36:16 36:18 21:8 21 :11 32:22 cargo [21 correct /II 34:23 delivery 141 15:16 Carlisle [11 12:12 cost III 26:21 15: 17 28:5 28:11 dry 121 35:8 35:10 carry [21 19:14 19:14 counsel 1'1 3:2 DEMANDED III 1:15 due III 12:24 cars [II 27:11 5:10 38:15 38:16 depcndable [II 16:1 duly 121 3:8 38:8 cell 121 10:3 10:18 count 121 15:20 17:13 depcndant 111 15:25 Centef[1I 6:24 COUNTY [21 1:2 depcnded III 15:12 -E- Century [21 14:12 38:1 depending 121 15:3 early [II 16:12 " 36:11 couple 121 19:8 28:15 15:22 easY[11 22:5 certain [31 15:4 17:14 course III 35:21 deposition 1111 1:16 cat III 29:6 " 17:14 court 151 1:1 4:5 3:13 3:23 3:25 eaten III 28:22 certification [11 3:3 5:1 5:4 6:1 4:20 4:22 5:7 Eeonolll 30:23 certify [51 38:5 38:7 courts [II 7:20 37:4 38:8 38:12 38:12 38:14 38:19 covered (61 38:19 economy (21 9:20 12:9 9:21 chains [11 17:20 12:10 15:5 24:9 described [II 36:13 education [II 23:20 Chambersburg [21 27:7 27:24 designer III 12:23 12:12 educational [II 6:11 18:4 COX[l1 1:2 detcrrnine III 29:10 change [II 4:24 crash III 30:13 different 141 10:2 effective [11 26:22 changes [31 5:3 created III 17:9 19:24 22:4 23:23 eithef[HI 5:2 15:2 16:8 16:22 21:23 9:18 9:20 Crestline [II 10:14 diffieult[11 14:5 30:17 30:20 36:6 Changing 121 25:18 CUMBERLAND 121 DiIIsburg 121 28:22 emergency [1 I 29:24 25:19 1:2 38:1 28:23 cheapef[11 23:17 Custom II I dircetion III 38:11 employce 131 7:15 28:7 38:15 38:16 check [11 13:3 eustomefl61 12:19 dircetly III 38:17 employees (71 3:18 cheekcd[l) 35:3 17:10 17:14 27:4 disagreement III 8:1 9:13 10:23 11:6 CIVIL [II 1:9 29:4 29:15 discount 121 24:15 13:4 27:15 27:22 cleaner[l135:10 customer's [II 27:23 24:15 employer [II 5:12 i:1eaf[1I 23:22 customers 141 15:20 Discussion 121 25:9 employment [21 3:13 Clearfield [21 12:13 17:3 17:6 30:2 36:4 4:2 26:20 customers' III 32:23 DiltYIII 11:12 emptied [II 33:11 close [11 13:2 cut 121 10:17 10:18 doesn't [21 16:5 28:19 end [41 5:6 5:8 closed (21 36:18 36:19 cutters III 7:9 Donald 1114: 11 31:23 31:25 college [41 12,12 16:4 cyclical 1'1 9:19 done 131 19:10 20:23 ended [11 32: 1 16:7 23:20 34:25 engine [IJ 35:10 coming [319:25 10:1 -D- doubt [11 29:7 engineer [IJ 12:22 26:20 Dill 1:16 . Doug[1J 11:14 entity [II 25:6 eommercia1121 30:21 Danvillellll 5:21 Douglas IIHI 1:24 equal (II 7:18 30:25 6:14 12:11 20:16 1:24 1:24 1:25 equipped [II 36:14 commercial-type III 2:5 4:1 10:18 20:21 26:21 26:22 21:17 23:1 24:25 ESQUIRE (21 1:25 36:15 28:20 32:3 32:3 25:7 25:13 31:6 1:28 COMMON (II 1:1 32:15 33:20 34:9 36:3 ESTATE 121 1:3 Commonwealth 121 38:2 date 121 1:20 28:2 36:5 37:1 1:6 38:5 dates III 9:6 down 1101 4:6 4:9 Eugene [II 8:4 (' " .....-J Index Page 2 HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 cvcning 121 32:8 form PI 3:5 25:1 hates III 12:6 industries 161 10:8 32:10 33:19 haul III 19:18 10:13 12:22 13:8 13:20 13:21 Exact III 8:11 fOrmer[1I 3:18 he'dlSI 16:24 19:22 industry I'll 7:9 exactly 11110:22 found 141 7:14 7:18 20:10 25:25 32:3 7:10 9:22 9:23 EXAMINATION 131 7:21 28:13 head III 16: 12 10:5 10:6 10:16 2:2 3:10 31:5 fOUr[SI 8:15 15:15 headed 121 29: II 29:12 information 1'1 28:17 except 121 3:4 31:25 22:18 23:22 23:23 heading III 29:8 injection III 35:10 excessive [11 19:3 four-day III 15:19 heads III 7:11 inside[11 26:11 exchange 121 19:21 four-whcelllol 14:9 heard III 4:12 instead 13120:19 23:18 14:23 14:24 14:25 20:21 15:8 15:14 17:19 hearing 11126: 10 26:20 exchanging [II 19:19 22:1 22:9 22:13 heldl21 25:9 36:4 insurance 171 1:12 excuse 111 36:18 franchise III 7:1 IIELGAIII 1:1 1:14 3:15 23:9 exit [21 29:13 29:13 Francola 151 11:13 helplIl 29:10 23:16 27:7 34:13 experienced 111 12:21 11:25 12:2 20:14 hereby 141 3:2 3:4 insure III 27:11 explain 11122:3 36:7 38:5 38:14 insured 15123: II 23:23 extent III 22:3 Frank III 11:8 hereunto III 38:21 24:3 24:18 27:16 extraJ21 15:21 27:25 friends 121 13: 17 14:1 heYl21 15:9 20:24 interest 1218:14 9:8 Extrusions III 10:14 front [51 33:4 33:5 high 121 6:12 6:13 interested III 38:17 33:8 36:22 36:23 holders 121 32:25 33:1 inviting III 3:12 -F- full 131 4:15 4:17 holidays III 15:16 involving III 3:17 32:23 IRSIII 22:3 fact [II 27:14 home 12'1 5:22 16:23 funny III 9:23 itself[ll factories [II 10:8 17:5 19:22 19:23 27:21 20:25 24:4 24:5 fairr41 4:6 4:9 -G- 24:7 26:3 26:7 -]- 4:13 34:10 26:8 26:8 26:11 familiar 11 I 18:17 garage PI 14:14 19:17 26:18 27:2 31:19 J 1261 1:21 1:21 faf[61 13:6 16:5 35:15 32:2 32:19 32:22 8:8 8:8 8:9 16:21 29:4 32:18 gas [41 25:19 35:8 35:7 35:12 35:12 8:9 8:12 8:12 33:21 35:10 35:10 35:20 9:9 9:9 9:11 Farm [51 23:24 24:16 givcnpl 4:20 18:25 homeowners III 24:16 9:11 9:13 9:13 24:18 24:20 27:8 38:20 homes III 8:7 22:21 22:21 22:22 givinglll 17:25 22:22 23:4 23:4 fatherrSI 6:21 7:16 HOOD 121 1:1 1:3 24:1 24:1 25:21 7:17 7:19 8:2 God 131 30:10 31 :1 hospital PI 29:23 25:21 25:22 25:22 February (21 1:20 31:2 30:4 30:7 J-E-S-S-EIII 4:18 38:22 Godsend [II 12:25 hour [11 28:25 January 131 9:1 few [II 31:7 gOCS[11 14:24 hours PI 18:1 28:20 9:8 21:17 figure [21 9:14 9:16 good [61 11:21 14:18 28:22 Jesse [7J 1:16 2:3 file 111 13:16 14:20 14:21 30:6 house IIHI 4:23 5:3 3:8 4:17 17:16 filed 111 3:16 30:J2 15:6 16:8 16:16 31:7 38:6 , filing (II 3:4 graduate [I I 6:15 16:17 16:18 16:19 job III 13:22 great [21 22:2 22:10 16:22 16:24 17:2 John [421 3:18 financially [t I 38:17 20:16 20:21 21:16 1:7 finaneing 111 24:23 grinder PI 11:2 11:12 26:1 26:18 32:15 11:19 11:20 11:25 11:12 12:4 12:9 12:16 first (51 13:19 13:22 growing 111 13:21 35:14 12:21 12:25 13:5 14:8 17:10 32:4 hundred [II 25:20 13:7 13:11 13:14 five-day III 15:17 grown [II 17:12 13:25 14:2 14:11 fleet [II 23:18 gucss [II 34:3 -I- . 15:2 15:9 16:2 fluctuates [II 9:24 GUNNARrll 1:3 16:6 16:17 16:18 guy [21 23:19 30:21 idear21 8:23 19:2 17:1 17:17 18:25 focus 111 9:12 important [II 25:23 19:12 19:17 20:13 Foland [161 1:28 guys [21 20:10 26:24 20:23 21:23 25:24 inches [21 21:16 22:11 2:4 3:11 3:14 incorporated [II 8:24 26:7 26:16 27:10 10:20 21:18 23:6 -H- 28:3 29:25 30:3 25:5 25:8 25:10 HAFER 111 1:27 incorrect III 5:4 30:18 35:6 35:19 25:14 25:15 31:3 incorrectly 11 I 4:25 36:7 33:19 34:7 37:2 halflll 8:15 independent [II 5:11 John's r31 11:15 12:13 follows 111 3:9 handrll 38:21 indicate [I I 27:6 18:11 forced [II 8:2 handbook [II 32:21 indicated 11 I 25:24 Johns [II 4:17 Fordrll 30:23 handyman [II 13:15 indirectly III 38:11 joint [11 24:7 forecast [I I 16:13 hard 151 7:14 7:18 individual 121 23:14 Jones [71 1:16 2:3 . foregoing [II 38:6 22:7 22:11 23:21 23:17 3:8 3:12 5:20 foreman 111 11:4 Hardcc'S[1I 28:22 individually 121 1:1 11:4 38:6 .;; forget [I I 29:13 Harrisburg [41 12:11 23:2 JURY [II 1:15 I 20:25 26:17 32:1 . . ~ ('~) ~\:~,~ ~,' , i --- HUGHES, ALBRIGHT, FOLTZ & NA TALE 717-540-0220\717-393-5101 " M I. 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JONES Multi-l'agc'" lumberI419:22 9:23 multi-carll I 24:15 33:4 -K- 10:10 10:11 occasion 131 35:23 Karen 131 1:18 38:3 lunehlll 28:10 -N- 36:1 36:6 38:23 Namlll 6:19 Oetobcrpl 3:17 -M- 17:23 28:2 keep 121 15:18 20:18 namel121 2:2 4:15 Of'SIII 34:15 Kcith (31 11:4 29:17 Mill 1:2 4:16 6:6 8:3 offllOI 10:25 13:5 29:17 machinery III 13:14 11:3 11:5 22:22 23:1 23:3 23:25 25:8 25:9 29:13 Kenserlll 11:4 mail III 6:1 28:6 29:14 35:5 35:17 kept [31 22:1 26:1 major II 1 10:4 name's III 3:14 36:3 36:4 26:3 makes 121 17:21 21:4 offieerp) 17:24 18:11 kcys[ll 16:11 manufacture II I names's III 4:17 30:16 7:8 narrative III 18:10 kid[11 13:21 manufacturers III 10:7 oil 121 25:18 25:19 kids[11 6:3 manufacturing IIJ National 141 1:12 0ldl21 13:24 35:17 10:4 1:13 3:15 34:18 kind [21 3:22 35:1 matter II I 19:19 nature II I Oldsl'l 24:13 kinds [II 4:2 9:19 maY[21 10:21 35:25 necessarily II I 3:21 once PI 19:5 20:14 King [I) 28:14 mean III 9:4 26:4 Knew [21 13:11 13:19 necessary II I 11:7 one 1181 3:17 4:8 mcdieations II I 5:15 need PI Knife [II 6:25 6:2 14:24 4:8 6:5 9:25 mcetlll 4:23 15:8 15:24 17:18 14:15 15:14 16:19 ~nocks 111 23:21 meeting III 20:24 34:11 35:25 21:5 22:10 25:19 knowledge 121 34:17 meets [II 20:16 needed 151 12:20 15:3 27:16 27:22 28:12 34:19 mcntioned III 24:21 19:10 19:18 20:7 28:25 30:17 30:20 knOWD[l1 13:24 neighborhood 121 33:24 30:23 knows [II 29:17 mess [II 15:17 34:4 open 111 36:16 Kuhns [81 1:5 1:7 mctal[ll 36:19 never 131 15:18 15:20 operate [II 7:22 3:18 3:22 11:14 mctals III 7:10 22:2 operating [21 8:19 11:25 25:24 28:20 Michael PI 6:7 newtlJ 31:14 30:5 Kuhns' [314:2 5:11 11:4 II: II next PI 9:25 15:15 outright [II 24:22 14:17 midnight III 17:5 16:5 16:24 16:25 overnight III 26:4 might [HI 19:2 19:7 26:22 27:2 OWCIII 12:25 -L- 20:15 28:7 29:3 nice 111 17:21 15:6 24:4 33:24 33:25 35:9 nightlHI own 131 lack [11 36:15 mild [II 16:4 18:5 27:21 laid [1] 34:10 18:6 29:21 31:19 owned 191 8:7 22:18 13:5 mile III 16:19 32:2 35:12 35:19 last [51 9:15 11:5 22:24 22:25 24:21 miles 171 14:13 20:17 nobody 13121:6 34:15 24:22 25:1 25:2 '121:7 25:5 29:4 28:15 28:24 31:15 34:17 25:3 LAW [11 1:9 31:17 35:16 nonferrous [II 7:10 8:16 13:22 lawsuit [II 3:15 owner 121 mill PI 22:6 22:10 normal 111 14: 17 14:18 owner's [II 13:23 layoff(ll 12:24 22:11 14:19 17:15 18:12 leased [II 24:23 mills III 14:25 29:9 35:21 -p- ieast [21 22:11 34:8 Millworks [II 28:8 normally 121 14:11 leave [21 17:4 32:14 mind III 29:7 26:14 P[II 1:25 left [3] 14:14 19:25 minimum [II 15:24 Notary PI 1:19 38:3 p.m121 1:20 37:4 28:20 minutes [II 28:9 38:24 Pacific III 10:12 less [51 13:12 20:17 miss 111 35:1 note [II 5:9 paid [21 23:18 24:24 33:22 33:25 34:1 missing[11 35:7 nothing 121 30:17 paper [21 7:20 27:5 lick [I] 30:12 30:19 parklll 32:19 modifications III 33:14 list [21 10:25 11:6 moisture [II now 1.'01 5:1 6:9 parking [IJ 26:4 35:9 8:19 8:20 13:23 lived [21 13:20 16:18 money 121 8:8 23:19 17:20 23:18 26:15 part PI 13:6 18:9 lives [11 20:17 Montgomery III 32:5 29:17 29:18 18:10 LLP[11 1:27 month [31 8:23 19:5 numberpl5:22 29:13 parties [21 3:3 38:15 load [41 26:12 26:14 20:16 30:2 ' partnership [41 7:18 26:25 27:1 months 121 9:6 19:8 numcrous (II 18:16 8:1 8:12 8:14 loaded [31 19:23 26:4 morning [HI 16:25 nurse 121 29:24 29:24 passenger [II 33:17 27:3 16:25 17:5 19:25 paved 121 22:7 22:9 loading[2116:J4 26:21 26:13 26:22 32:4 -0- payr21 13:3 13:4 10eal(II 12:10 32:7 oaths [11 38:4 pays 111 25:11 10ngef[1I 20:19 mortgaged III 8:7 Penn (21 1:13 3:15 look [1] 16:13 most [41 9:25 15:11 Object [21 33:19 34:7 Pennsylvania [81 objection III 24:25 1:2 looked [21 13:16 25:5 17:1 20:12 1:12 1:22 5:21 loss [II 14:3 mouth 111 32:22 objections (II 3:4 6:14 34:18 38:2 mud III 22:11 obviously 121 32:11 38:5 Index Pagc 4 HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 ,,--.... I. I \, .,.1 : '.1 "~ ~ <~IS.':.';;, \",) o M I. P 1>' U tJ- age people - sounds JESSE D. JONES people 161 10:1 10:2 purchased III 7:3 right 1111 3:19 '1:19 33:5 33:8 33:9 13:22 22:4 26:13 push [II 22:13 5:14 6:S 6;9 scats 151 33:4 36:20 30:25 put 111 S:II 21:1 I}:IO 9:16 1[:24 36:22 311:23 36:24 perccnt II I 25:20 31:16 32:25 12:1 12: 10 17:8 sccretary III 11:11 24:25 18:7 18: 13 18:14 person III 25:7 35:8 35:10 18:18 11}:21 20:1} seelsl 9:25 16: 15 personal (HI 15:6 puts [II 11:111 20:13 2S: II 28:11) 17:15 27:5 35: II 24:5 24:14 27:12 28:19 2'1: 18 31:111 sell 121 10:7 IO:S 27:16 27:21 32:18 -Q- 32:5 32:13 33:13 sense III 21 :4 32:24 33:18 34:12 34:24 pcrsonally III qucstions ('II 3:20 35:13 3h:2 3h:17 sent III 4:23 13:11 4:1 4:3 5:17 36:25 separate 131 23:15 Philadclphia-Poll'loWO' Rcnding 31:7 37:1 38:9 road 141 26:14 28:15 23:24 24:7 III 12:8 quite [II phOnCl31 9:21 30:25 32:12 sergeant 141 17:24 5:22 29:22 roads III 18:( 18:3 18:11 29:23 22:7 service 161 6:24 piek[SI -R- roof II I 21:111 7:8 15:16 16:11 17:11 34,23 35:15 19:21 25:24 32:9 R[l1 1:2S room 121 29:24 30:5 35:16 picked (21 12:18 35:17 R.D[21 5:21 5:24 Rothemelll I 11:8 serviced 141 14:15 picking (2115:23 20:20 ran [21 7:111 16:2 rough III 35:2 19:17 35:2 35:4 pickup III 14:14 read 131 5:3 28:18 route IHI 15:13 19:25 session 1113:25 pictures [II 30:13 29:11 26:19 211:25 28:21 set III 38:21 piece III 28:12 ready (II 22:13 29:9 29:17 32:1 setup III 36:15 pinpoint III 20:1 real [II 35:2 router II I 7:11 seven 121 9:15 18:1 pipes 121 10:15 10:16 realize III 10:1 routers III 8:10 sewer III 10:15 plaCCl31 1:21 3:12 really 141 9:23 13:7 routes III 26:15 Shamokin III 20: 17 38:13 17:18 32:24 RPRI21 1:18 38:23 shaperlll 7:11 places [11 14:23 reason [II 18:9 run 141 15:13 15:15 shear II I 7:11 reccipt III 28: 12 15:25 29:16 PLAINTIFFS 121 1:8 sheet III 38:13 1:26 receiving III 11:17 runaround III 35:18 SHEILA III 1:4 plan (II 23:18 recession 131 9:25 running 151 9:9 plant [31 22:15 31:22 12:24 13:1 15: 18 17:17 21:23 shipping [II II: 17 31:22 recollection [II 10:23 35:1 shop (71 19:20 20:5 plants (II 10:13 record [71 tunsp) 12:7 19:1 20:13 20:14 26:3 4:15 4:16 :'1: 17 34:22 35:24 plastic PI 7:10 10:5 25:8 25:9 36:3 short III 30:8 10:16 36:4 38:20 - show('l Plastics [II 10:15 red uccd III 38:10 -s- 7:16 PLEAS[III:I reference I'I 13:17 S131 tV~'~ 8:21 showed 11113:6 plus 121 12:19 13:11 referring III 21:11 8:21 sick 131 17:16 17:17 17:17 point [41 8:5 8:6 registered 131 22:23 safc 121 20:1 2u,4 situation [II 14:5 9:13 25:3 23:5 24:17 saferrll 26:10 siXIII police [51 17:24 18:3 regulaQ3131:8 33:12 sales (II 13:6 9:15 18:11 28:18 30:16 36:12 salesman 141 11:13 size III 20:6 policies [61 23:14 relative [31 28:23 13:13 17:13 26:2 smell III 13:3 23:23 23:24 27:8 38:14 38:16 salesperson 131 11:21 smooth 11135:11 27:12 27:17 rely [II 5:4 II :22 12:16 snow PI 16:3 21:8 policy ['1 23:13 23:15 remember 131 17:25 salespersons 121 11:23 21:14 24:4 24:5 24:8 17:25 34:19 12:5 sole 151 8: 15 8:19 27:21 32:17 32:20 report II I 18:10 sal vation III 13: I 9:9 23:8 25:3 prefaced III 14:20 reporter [51 4:5 saved 121 30: 17 30:20 someone III 11:18 preferencc (II 5:6 5:1 5:4 6:1 saw III I 7:8 7:10 something's [II 17:16 preparation III 11:17 38:11 10:7 11:17 13:9 sometimes IHI 7:19 president 121 7:13 Reporter-Notary [II 14:25 16:20 18:3 15:4 15:13 15:22 7:13 38:10 22:6 22:10 22:11 20:15 20:23 25:24 pretty 121 12:14 30:12 represented III 5:10 saws 131 12:18 20:6 25:25 previous (II 6:21 reserved III 3:5 20:7 somewhere [21 33:23 produced [II 4:22 reside III 5:19 says 131 18:10 28:19 34:3 product [II 17:6 respect (21 31:18 32:17 30:5 son 141 6:5 11:2 scene III 28:24 11:15 13:23 professionally II I 13:11 respective (II 3:3 sehcdule III 15:18 soon (II 30:11 proprietorship [51 8:19 response [II 5:16 schoo I 121 sorry [II 14:3 9:9 22:20 23:8 responses (11 4:3 11:12 6:13 25:4 screen III 36:19 sound 131 18:6 28:19 Public [41 return [II 36:8 scaling [II 3:3 29:1 1:19 38:3 rideqll 27:20 sounds (II 28: 19 38:10 38:24 scat 151 30:IH 30:19 HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 Index Page 5 speak - Watsontown JESSE D. JONES Multi-I)age 1M speak III 4:8 supposed 111 7:17 22:8 30:22 32:9 35:17 specified III 38:13 32:19 took 191 13:5 26:2 used 151 14:22 18:16 Speck [II 11:11 survive 111311:13 27:2 32:19 35:2 19:5 31:11 36:H spell III 11:5 swap III 25:25 35:4 35:14 35:14 using [21 18:15 32:18 split III 33:H switch 161 16:17 16:20 35:17 usual 121 14:17 2H:21 sporadic III 20:2 16:23 18:25 20:10 10011'11 7:1 7:3 usually 1'116:2 16:13 20:12 7:12 7:23 12:23 spot[11 29:20 27:22 33:1 16:16 31 :25 sworn 121 J:9 38:H SSIII 3X:1 tooling [21 12:21 12:22 Stairs III 28:8 tools 1221 15:23 16:15 -v- start [21 8:8 16:12 -'1'- 16:23 19:14 19:19 VIII 1:10 started [41 6:20 6:24 Tahocl" 24:11 19:21 19:23 20:20 van [211 14:10 14:16 7:1 8:13 takes III 14:25 20:20 20:21 26:6 16:3 16:17 16:22 state [91 4:15 12:12 taking [21 311:4 38:7 26:11 26:12 26:14 17:20 17:21 19:10 26:25 27:3 27:23 16:4 16:7 23:24 teehnical/ll 12:20 32:9 19: 12 J9:J6 J9:22 32:23 32:25 20:5 21:2 26:7 24:16 24:18 24:20 technician 1'1 13:13 33:11 35:15 27:8 31:9 31:18 32:11 statement 121 17:24 teeth III 11:10 transcript 121 4:22 32: 14 32:18 33:2 17:25 tclling 121 18:13 27:S 5:2 33:3 34:22 35:17 station PI 14:12 ten PI 33:22 34:4 trial [21 1:15 3:6 35:24 36:11 36:13 26:9 34:8 Triangle II I 36:J5 36:11 10:12 stayed [21 term II I 36:15 trip/ll 28:23 Vanslll 30:23 9:14 9:15 varies 121 territories III 12:9 trouble III 21:9 9:17 9:18 stccl[1l 11:11 vehicle 1231 stenographically [I) territory [II 12:13 trucks III 19:21 14:14 14:17 14:19 15:1 38:9 testified [II 3:9 true III 38:20 15:6 18:15 18:16 stereos [II 10: 13 testimony PI 34:7 trust III 7:19 18:17 19:13 21:22 stickler [1130: 18 38:6 38:20 trusted [II 23: 19 22:2 23:15 26:2 stil1[41 12:2 18:21 thank [41 22:2 30:10 truthful III 5:16 27:22 27:25 30:12 >24:23 25:7 31:1 31:2 30:22 31:9 31:17 thanks 121 3:12 try PI 9:12 10:19 32:18 33:17 36:10 . stipulated [I) 3:2 31:3 17:10 36:12 STIPULATION[l13:1 themselves III 10:9 trying [51 8:25 11:13 vehicles P21 3:22 stop [51 26:22 27:1 THOMAS 1'1 1:27 I 1:1 X 24:11 28:6 14:6 16:20 18:25 28:8 32:2 32:4 1:27 tunerrll 35:10 19:19 20:10 20:12 stopped [41 16:23 thought [2114:1 35:8 turned [II 7:3 22:3 22:18 23:5 26:18 28:6 29:5 thousand [21 31:15 TVs/l1 10:13 23:9 23:17 23:22 straight [II 15:18 31:17 twice [II 24:5 24:7 24:9 three [II 19:5 24:14 24:18 24:22 strike (I) 31:20 27:1 two [III 4:12 8:22 25:1 25:11 26:1 stuff [261 8:7 10:16 through [HI 22:14 11:23 24:6 24:14 26:6 26:11 27:2 12:24 13:9 13:10 23:11 23:13 23:25 30:24 33:4 35:16 27:7 27:11 27:15 13:11 13:23 14:25 24:1 24:16 26:17 36:20 36:22 36:23 27:16 30:25 30:25 15:19 16:20 16:24 34:2 type PI 4:9 10:16 34:14 20:25 22:4 22:17 Thursday 111 20:25 33:17 Ventura [I I 17:21 23:19 24:8 24:15 22:10 22:12 26:18 typed [II 4:25 verbal III 4:3 . 30:2 30:11 30:24 27:1 32:4 32:7 1" 32:9 32:23 32:25 Thursdays [21 26:24 typewriting III 38:11 verify 121 4:24 4:25 33:1 34:2 35:8 32:1 Typically [II 26:1 viable [II 25:6 submitted [II 3:23 Timl2J 11:12 11:14 typing 121 4:5 5:5 vice [11 7:13 subsidiary [II 6:25 times 1121 15:1 15:5 Viet[11 6:19 Suburban [401 14:9 18:16 18:24 19:9 -U- Volkswagen [51 14:13 . 14:9 14:22 14:23 19:15 19:24 20:12 under 111 23:23 24:7 19:11 19:12 19:13 15:2 15:4 15:6 31:21 33:22 33:25 35:18 15:10 16:6 17:19 34:4 24:9 24:14 27:12 27:16 38:11 18:16 19:1 19:9 tires /II 25:19 understood [I I -W- 19:15 19:18 19:23 title III 4:13 20:7 21:1 21:2 23:1 unfortunate /I I 3:16 W[II 1:7 21:6 21:25 22:4 titled/ll 24:2 university [II 23:21 wagon [3) 14:12 26:9 24:10 24:11 24:12 today 1121 3:13 3:20 unload [21 26:24 27:1 36:1 I 24:13 24:13 25:25 4:23 5:5 5:10 27:6 30:11 31:1 5:15 5:11 15:10 up [251 8:7 12:18 wait (51 5:6 5:8 33:4 33:12 33:15 17:12 17:11 18:13 12:19 13:21 15:9 15:15 15:21 17:7 33:21 35:14 35:19 34:13 15:16 15:17 15:20 waive [II 5:5 35:20 36:1 36:7 together III 28:12 15:23 16:11 16:25 waived [II 3:4 such [21 35:23 38:16 tomorrow" I 19:21 20:20 25:24 walk 121 22:16 22:17 21:2 265 26:17 26:21 Sue[l] 11:11 . too 111 9:22 16:5 2623 26:25 27:1 Watsontown [HI 1:22 summer [I I 19:15 17:2 17:8 20:23 28 15 29:15 32:5 7:1 7:3 7:12 Index Page 6 HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 \ , '-..../ Ii I' I r I.:. L 11 If;t I. . ~" it W~,; (,f I:;',l'j'. ) '::: 11'.~ l'[t17 l:~~~ . il..', Multi-Pagc 1\, weather - zip JESSE D. JONES f"'4'\ 7:22 7:23 12:11 32:4 -z- wcatherll$1 9:23 zip III 5:24 14:18 14:21 14:21 14:22 15:12 15:19 16:13 16:15 17:3 17:18 19:16 20:5 34:2 35:25 Wednesday 121 2(,:1(, 32:2 week (51 15:16 19:5 19:5 19:6 20:15 weekends III 15:19 weekly III 19:4 weeks III 13:3 whcc/[If 17:21 WHEREOFIII 38:21 whcrevcr (If 18:4 Whieheveqll 26:2 wife [61 15:6 21:9 24:6 24:6 24:14 30:1 Wilbuq91 11:13 11:25 12:2 12:4 12:6 12:7 16:4 27:10 36:6 Wilkes-Barrc [I 1 12:8 WILLIAM [II 1:25 WilIiamsport 131 12:10 26:19 32:6 winteq61 15:1 15:2 21:19 21:20 34:2 34:11 winters [1121:21 wired-in (II 32:25 Wisconsin [II 6:25 within [I I 38:4 witncss [71 3:8 5:11 10:19 23:3 38:8 38:20 38:21 WITNESSES [II 2:1 woke [II 16:25 wood [41 7:9 7:9 10:5 10:12 word [II 32:21 worked (2113:8 13:9 Works (II 6:25 worth (II 26:5 written [II 32:20 wrote [II 12:18 -y- yard [21 10:10 10:11 yeaql21 7:2 8:23 9:12 18:25 21:7 21:8 21:11 21:20 31:17 33:22 34:4 34:8 years IHI 8:15 8:22 9:15 13:8 13:17 13:24 23:16 23:20 YorkI'I 29:23 30:4 '- HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 Index Pagc 7 ,",q'.~ t,..,) , o "',f,;, WU/iClm P. /)01l1-:/1I.\', EH/' S"prt'I1W COliI'll, n, 11.17926 /)ollglll,\', /JOlIg/lIJ & /Jol/gftl.\' 27 IV. //iSh St. Car/ish', 1',\ 170!3 'MepllOll<' (717) U3-/790 Helga Hood, individually; Anne M, Cox, Administratrix of the Estate of Gunnar Hood, deceased, assignees/subrogees of Sheila I. Kuhns, in her capacity as Administratrix of the Estate of John W. Kuhns, deceased In the Court of Common Pleas of Cumberland County Pennsylvania 1998 - 4121 Civil Term Plaintiff vs Pennsylvania National Insurance Company a/kla Penn National Insurance Jury Trial Demanded Civil Action Law Defendant PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION FOR SUMMARY TUDGMENT 1. Admitted. 2. Admitted. 3. Denied as stated. The policy in question covered a 1955 Willys Truck and a 1995 Mercury Sable. In addition, it provided excess liability coverage to an "insured", i.e. John W. Kuhns, when he was operating a non-owned vehicle. 4. Admitted, 5. Admitted. 6. Admitted. 7. Admitted. a, Owned by you; or b, Furnished or available for your I'egular use, 16, Admitted with clarification. It is admitted that it is a limited portion of the policy, 17, Admitted, 18, Denied. The use of the vehicle was at best occasional or incidental, i.e., he might borrow it when the weather would prevent him from calling on a remote customer or on the date of the fatal accident when his vehicle was in the shop, His employer was asked the question: Q. As far as use of the Suburban, would he use that, say, more or less than 10 times per year? A. It would probably be somewhere in that neighborhood, it could have been. It might have been more at some times, it might have been less. I don't think it would have been less than that, because of the amount of bad weather and stuff through the winter. Q. SO your guess would be it would be somewhere in the neighborhood of about 10 times in a year, give or take? A. Give or take. On page 35 the employer was asked: Q. Day in and day out, would the Suburban go home with you, would that be the normal course? A. With me. Q. Then if you had an occasion such this thing where the Astro van had to be in the shopO, 01' if it was bad weather where they may need it, then on that occasion they would borrow the Suburban. A. Right. 19. Denied as stated. As alternative vehicles for John W, Kuhns. He could have used a 1994 VW or the Suburban of Jess Jones. 20. Denied as stated. John W. Kuhns on occasion would borrow the Suburban from Jess Jones. On those occasions that would be due to heavy snow, He would use it when the Astro van was not available and the equipment in question was too large for the 1994 VW. 21. Denied as stated. The record fails to establish when and on how many occasions John W. Kuhns used the Suburban. 22. Denied. The use of the Suburban was at best occasional, casual or incidental. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE: (entire caption must be stated in full) HELGA HOOD, individually, ANNE M. COX, IN THE COURT OF COMMON PLEAS Administratrix of the Estate of Gunnar CUMBERLAND COUNTY, PENNSYLVANIA Hood, deceased, assignees/subrogees of Sheila I. Kuhns, in her capacity as NO. 1998-4121 Administratrix of the Estate of John W. Kuhns, deceased, CIVIL ACTION - LAW Plaintiffs vs. PENNSYLVANIA NATIONAL INSURANCE COMPANY alkJa PENN NATIONAL INSURANCE, JURY TRIAL DEMANDED Defendant 1. State matter to be argued (Le., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Motion for SummaJY Judgment 2. Identify counsel who will argue case: (a) for plaintiff: William P. Douglas Address: Douglas, Douglas & Douglas 27 West High Street P.O. Box 261 Carlisle, PA 17013 (b) for defendant: Brooks R. Foland Address: Thomas, Thomas & Hafer, LLP 305 North Front St, 6th Floor POB 999 Harrisburg, PA 17108-0999 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: June 30, 1999 Dated: June 1, 1999 ~~ Attomey for Defendant -. --- '- = ~ h:; Lr., j::!, Q N :;.) <r. ~.;, r,;-):;'; rC, :>:: U;:? "-::r- .l,~ f .. a... t:)~ 9;:'; .;.5= l..' N @[:: :.:l"r/) o. I ~J~Z: ~l.lr' Z fJ'::/..' .-T ::=> ~: J LiJ r..: -) 0:1Cl. _2: u. en :;-.:> C) 0' () Will/11m /" Doug/as, Esq. Supreme Court 1.0. #]7926 Doug/as, Douglas & Doug/as 27 W. High SI, Carlisle, /'A 1701] Te/epho"t (717) 24]./790 Helga Hood, individually; Anne M. Cox, Administratrix of the estate of Gunnar Hood, deceased, assignees/subrogees of Shiela I. Kuhns, in her capacity as Administratrix of the Estate of John W. Kuhns, deceased In the Court of Common Pleas of Cumberland County Pennsylvania Plaintiff 1998 - 4121 Civil Term vs Pennsylvania National Insurance Company alkla Penn National Insurance Jury Trial Demanded Civil Action Law Defendant Plaintiff's Request For Production Of Documents Addressed To The Defendant _ First Set TO: Pennsylvania National Insurance Company alk/a Penn National Insurance PLEASE TAKE NOTICE that pursuant to Rule 4009 of the Pennsylvania Rules of Civil Procedure, Plaintiffs request that Defendant produce the documents hereinafter described and permit Plaintiffs, through their attorneys, to inspect them and copy such of them as they may desire. Plaintiffs request that the documents be made available for this inspection at the offices of Plaintiffs' attorneys located at 27 W. High St., Carlisle, PA, within thirty (30) days of the date of service hereof. Plaintiffs' attorneys will be responsible for these documents as long as they are in their possession. Copying will be done at Plaintiffs' expense and the documents will be promptly returned after copying has been completed. , , This request is intended to cover all documents in the possession, custody and control of Defendants, their agents, employees, insurance carriers and attorneys and is considered to be continuing, Defendant's response to the Request should be modified or supplemented as Defendant, and/or their attorneys, obtain further or additional documents up to the time of trial. Requested documents are more particularly itemized and described as follows, but not limited thereto: L All statements, signed statements, transcripts of recorded statements or interviews of any person or witness relating to, referring to or describing any of the events described in the Complaint. 2, All expert opinions, reports, summaries or other writings in your custody or control, or your attorneys' or insurers', which relate to the proposed testimony of the preparer of such opinion, report, summary or other writing. 3. All drawings, sketches, diagrams, or writings in your control or custody or your attorneys or insurers, which relate to the subject matter of this litigation. 4. All documents prepared by you, or by any insurer, representative, agent, or anyone acting on your behalf, except your attorney(s), during the investigation of the incident in question or any of the events or allegations described in the Complaint. Such documents shall include any documents made or prepared up through the present time. 5. All photographs or video tapes of any item or thing involved in this litigation. 6, All statements as defined within Pa,R.c.p. S 4003. 7, All statements and/or transcripts of interviews of potential fact witnesses obtained in this matter. 8. All documents identified in your Answers to any set of Interrogatories propounded by any party in this litigation~ 9. All documents which you intend to rely upon or introduce at trial of this Ii tigation, NOTE: As referred to herein, "document" includes written, printed, typed, recorded, or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, notes, . . Kuhns Policy Penn National Insurance Personal Auto Policy - preferred /t100 0330891 DECLARATION PAGE IN EFFECT FOR DATE OF ACCIDENT and the following applicable forms: Form # Date Unit 70-263707 90 ALL PP040501 88 ALL ACORD5001 83 "ALL 70-273808 90 ALL PP041906 95 001 PP042306 95 '003 70-619 / ALL 70-448 12/89 ALL 70-168610 85 ALL 70-1512 ALL PP055106 94 001 PP041906 95 '003 PPOOOI06 94 ALL IL0910 01/81 ALL 70-265907 90 ALL 70-2669007 90 001 70-266907 90 "003 PP055106 94 "003 PP015109 93 ALL 70-1672 ALL PP033807 90 ALL PP042306 95 011 PP030508 86 *003 William P. Douglas, Attorney for Plai DATE: July 23, 1998 DOUGLAS, DO'UGLAS & DOUGLAS ATTORNE:YS AT L.AW 27 W. HICH STReeT P. O. BOX 26' WILI.IAM P. DOUGLAS 01 GtOAOE r, DOUGLAS. m CARLISLE, PENNSYLVANIA 17013'0261 GeORGe ,. DOUG1.AS, JR. IgZ5'un~!5 . "1.50 ADMITTtD TO PRACTICt IN I"LOJU:!A 'eCRTI'lta"'S A CIVIL T""AI.. AO\,lOCATI[ .... THE NAnONAI. BOARD Ol" TRIAl. ADVOCACV (7171 243.17g0 'AX (1171 204J-ag!5!5 April 27, 1999 ,/ f Brooks R. Foland, Esquire Thomas, Thomas & Hafer 305 North Front Street Harrisburg, PA 17108 Re: Hood v. Pennsylvania National Insurance Company, a/k/a Penn Nationallnsurance Cumberland County, No. 1998-4121 Civil Term Dear Brooks: I would appreciate it if you would send me a copy of the claim file (or files), so that we may review it (them) in preparation of our brief in opposition to your motion for summary judgment. I have enclosed a copy of our discovery request dated July 23, 1998. So far, the only thing we received is Item 21. If Penn National is not willing to produce the balance of the request by June 4,1999, please let me know so I can file the appropriate motion. -. Sincerely, WPD:jml Enclosure l. 8, None at this time, 9, Undetermined at the present time. This response will be supplemented prior to trial, if necessary, 10. Enclosed are the discoverable portions of the claim file. Defendant objects to this request to the extent that it seeks materials protected by the attorney- client privilege or as work product; and Defendant objects to this requests to the extent that it seeks disclosure of the mental impressions of a party's attorney or his or her opinions, conclusions, memoranda, notes or summaries, legal research or legal theories and also to the extent that they seek disclosure, with respect to other representatives of a party, his or her mental impressions, conclusions or opinions respecting the value or merit of a claim or defense or respecting strategy or tactics. 11. See response to no. 10 above. 12. See response to no. 10 above. 13. See response to no. 10 above. 14. Defendant objects to this request on the grounds that the information sought herein is not admissible and is not designed to lead to the discovery of admissible evidence. There is no issue raised by the plaintiffs in their Complaint or by defendant in its Answer concerning underwriting or any issue which remotely concerns underwriting. The only issues raised by the pleadings concern whether the loss claimed by the plaintiffs is covered by the policy in question. 15. Defendant objects to this request on grounds that it is irrelevant and it improperly seeks production of confidential and proprietary business information and trade secrets. Defendant further objects to this request insofar as it is overly broad in '. scope, unduly vague and unduly burdensome. In addition, Defendant objects to this request on the grounds that it is irrelevant to the cause of action alleged herein and is not calculated to lead to the discovery of admissible evidence. However, without waiving those objections, non-privileged parts of the claims handling manual will be made available for your inspection and copying at the offices where they are located, at your request and upon execution of a confidentiality agreement to protect confidential commercial information. 16. The Defendant objects to this request on grounds that it is irrelevant and it improperly seeks production of confidential and proprietary business information and trade secrets. Defendant further objects to this request insofar as it is overly broad in scope, unduly vague and unduly burdensome. In addition, Defendant objects to this request on the grounds that it is irrelevant to the causes of action alleged herein and it is not calculated to lead to the discovery of admissible evidence. 17. See Response to no. 10 above. 18. See Response to no. 10 above. 19. See Response to no. 10 above. 20. The Defendant objects to this request on grounds that it is irrelevant and it improperly seeks production of confidential and proprietary business information and trade secrets. Defendant further objects to this request insofar as it is overly broad in scope, unduly vague and unduly burdensome. In addition, Defendant objects to this request on the grounds that it is irrelevant to the causes of action alleged herein and it is not calculated to lead to the discovery of admissible evidence. 21. All such documents have already been produced. Fax:7176588411 ~ AQ';mm. AUTOMOBIL(. LOSS NOTICE ( 1~'Jt~Pr' . pnonucr;n ~ rng~;O,f.Al': .....(17 &S?7_:;~O ccup,."..,' . r t,""XILLAHIOlJ"IHrOt:sn,alllcelloll,ColJl, COlcr'YIo.,-.., :L",S.AcjfrlC-/ h/?/7 (Va/le)()Q/ ~ c'.;>l\S7317 / Er:...f-' l'Ouro"'O"2 i?9/ [Aer<r""c. HUW"'. I C^;, "uTrcmi:"oAtrj 'U""RAfiOf.:~' I~AltO""cclOwrM<<>1""c I. ';'u .PC!l~~~~T -;(O-CJ(j) 1-~0~1 7 LLC)3- &1 1.;)'<('5,,, YE_ l.!'E- CONTACT ~T 1;<;Ufl!O ~ HAM( AHD Aoonrsr. cou., / )O,;:<I}t.;. "Q~T CU9TONmlO; ......__._. INSURED NA."''' .-,UD ...00H['93 I _ :JC:hn W KulVlS QDll-I.",13ox d 3 '3 J)o..nvd~, 'VA lf8.;2) I I ~tJ!lCOO[; 'hltFnC TO CCH rACY ()-\ 0 C}J\ wt"N TO CONfAc1" . -.. --~.._-_.-, _... .-. '"'''NC''''O''' (~c. N,' i ,u,,,,m M<O'EI"C,I~, '"I ."",'NC<PNO"',^,""'I DV"N"'" 'NO"' I'C, No, "'I o<7S_-J73Y _ LOSS ..., LOCATJONOF n \ l~gm~~V.,TD' - I VIOLATIOHC.CfJATlOHS ~c1~~~~rlr&~\aIO' tAhln0l'" &Horn k::C1 :sR.O/7./ , "nr;;m-,.. ..... .. -, _ .. ~mJ'r.J'OH 0' ::I;Jsure d Ope(())1flCj worf.. V e IUdi' -:a tJ r; r9 -\).});rk, for Uti b...,;wn if (l ~ ,.~~~:'::';:~::_ Crossd (C(dilllJ.~.ju.l-clt1d /vad.(Yl kIll, Cr y;,srr 9. ('1r1..h- vol--/-.. POLICY INFORMA TlON (.... DOblL Y INJURY DODIL'!' II/JUnY PROPHfTY OAUAOE I srh'm" Llt.<<T' JjEoc...L PAYMEhl I aTe OU-.!CTllllE lPor Penon) (P" A.cdof~rrll ~ t . ,,35,07[9 10,0 Vb __, I COLLISION OED LOS3PMEE I OrnEII CO'l'rAA.OE j, OED\Jc;nDL~ . 3;~';j:;';: )SIOdI/lCf 13~, ([2/D oj Irll /doch/') INSURED VEHIELE vt:H.. I YEAR I MAKE: ~~~:. I PLAn:. NUN ilEA i <)1.[ . MOOn S\.lbv( bo-n ~ -;L/t:-.. -~~'," . __ I OWNF.R'I; -. i[SlOfJIC!PttOlie ~~~:~:N.JCSS JCflf;~,/A_:J':+-J{&:brk.,?().f?:w.~~1Jo:~~. . ~~i~f.:~f" ,,--. " ADDRESS LAIC ~~;__ M"-ltcntc:lC~ IHj5i~~ '--"'---' REL",ri~;~J~~JIEo I OUEOFBIRTH L'ORrvER'SLJaN~t.iiiO:;-- - . .--- "lirATEl l!::c...~~,EtII: ~-USf.:l)wrrn . IEmploye.:,lmh.t'k.1 ,unf'OSE !,ERMISSION1 . , ~ft"I' , _ .".. . , l_,_~s. n ~~. ceSCnlD& I ES11Iol"T'EAMCUHl WHERE: CAN WHtH CAN ....818E SEEN'l Of}lE;R INSURANCE ON VEHICLE CAMAOC VUiClE I BESEEm I. Sf,AlE PROPERTY DAMAGED . . . f,,';,~~.'~:'~,"~~~rY '1'5 ~ d I o~';;'v;;;;'noiIN;;~/~t~.~~d" _""_u_ .--..... /IlO<Jtl,Plglot)"" ( _ ____ llis_LJ~o t'OL;CVa: I ....~ OWHER'S nE~'O~wc;. PHONE NAME 110 f\"'\ A A.1 /'[ r'i"'\ _rl. tJ__".-L", 1.AlC No): ~~~;~~rnv~fOfhQ..~_. UiDb QQ;,~~.'!.lSIO~Pi~il..Y J b~~~~:~' NAM' . AOO.,,,,, /" d Ii II < . ~~;roJ' l';::','::o_..)ldLlY1rlo..,.- ,T~lcqj..l.9.13P,ne ~," ('flf:..tfO. !lJ_:>'P''!'Xrp: tAA;~~~~~ftOHt.._.-- DESCRrOIi I, fST1IolAT-e AMOVNT "I =~i"H Jidt.tJ; OAMAOE Oli SEEH7 INJURED Xns",rcd nov WITNESSES OR PASSENGERS flAlNil.ADcnESS PHO~C, Hol AO' cu 'N.',-:O'~JU", ~IIL NM,U;",,"ccnESS iUrr1-ld ml-c i.J.YJnc. aul-o ~__.. 1..:....--/1....\ .... PUOHI!!.~C,~L. 'jYICt:_L"-! rt!.LL._ __. 'INS OTHi 'C~] OT?.1E~(Sptcityl nEMARKSUncllJ<l" .dlu-st.....slgMll) REPOmED DV Estis r;; r;' f 1f ACORD 2 (1193) /".. ----1"'O&6W'QII ...-. .....I~r.~r:)':;~z::UUu. NOTE: IMPO~T ANT 5T A TE INFORMATION ON REVERSe SIDE " ACORD CORPORATION .1993 (; Conrad M. Siegel, F.S.A. Harry M. leister, Jr.. F.S.A. Urian S. Sann. F.S.A. Clyde E. Gingrich, F.S.A. Earl L. Mummert, E.A. Robert J. Dolan, A.S.A. David F. Stirling, A.5,A. Robert J. Mrazik. F,S.A. David II. Klllick, F.S.A. Jeffrey S. Myers, F.S.A. Thomas L. Zimmerman. F,S.A. Glenn A. Hafer, F.S.A. Kevin A. Erb. F.S.A. Frank S. Rhodes, F.S.A., AC.A.S. Charles B. Friedlander, F.S.A. IInlly A. Ross, F.S.A. 10hn W. Jeffrey. A.S.A. Denise M. Polin. A.S.t\. Richard C. Smith, A.S.A. Colleen J. Rice. A.S.A. J --'.. - .. -.,-. November 11, 1996 William P. Douglas, Esq. Douglas, Douglas & Douglas 27 W. High Street P.O. Box 261 Carlisle, PA 17013-0261 RE: Gunnar J. Hood Dear Mr. Douglas: You indicated that Gunnar J. Hood was born on March 19, 1960, and that he died on October 9, 1996. As of the date of his death, Gunnar J. Hood was 36.6 years of age. The life expectancy for a white male age 36.6 is an additional 38.9 years. This implies an expected age at death of 75.5 (36.6 + 38.9). The life expectancy is based upon a publication of the U.S. Department of Health and Human Services entitled ''Vital Statistics of the United States, 1991." Mr. Hood was employed by Diamond Auto Glass as an auto glass installed, earning $10 per hour. He worked some overtime. For the last 15 weeks prior to the date of his death, he earned $6,123. This provides an annualized rate of earnings of $21,224. This is the assumed annual earnings capacity for the purpose of the calculations in this preliminary report. Gunnar J. Hood was provided certain fringe benefits by his employer. He was provided comprehensive medical benefits, dental benefits, prescription drug card benefits and vision service benefits. For these benefits he contributed $18 per week. I have conservatively estimated an annual value of $2,000 before the deduction of Mr. Hood's contributions. In a death case, it is necessary to deduct the cost of maintenance. The cost of maintenance consistent with the McClinton ys. White decision consists of the necessary and economical sum, which a decedent would be expected to spend, based upon his station in life, for food, clothing, shelter, medical attention and some recreation. Information published by the U.S. Department of Labor, Bureau of Labor Statistics indicates that the cost of maintenance amounts to about 35% of earnings. Earnings of workers tend to increase as a result of gains in productivity. Productivity comes about since the economy, over a long period of time, has a tendency to exhibit an increase in the propensity to produce goods and services at a fuster rate. From 1960 to 1995, the average productivity gain amounted to 2.15% per year. Therefore, I made calculations on the basis of a 2% annual productivity factor. .. :.,.:,".1'1 HI'3IJF~HI'ICE C-7.3X:7171:,:.S:~:411 110',' .(__....____.._... DECLARt,TIONS P[RS::r:~:. ". REN~\\~ ;. .....~._.._-- ~ ._---" ." (It . PENN NATIONAL INSURANCE RENE \~AL DECLARA T l'~r. :., :'l::..:.l!~,~ 'l::'~~J: I:~ :J!! (.aW/lIt, In;.ur4,'\CtI Ccrnpany . '!.' :-:.. ~ Jr~.~t..", :~ 1710'; POLICY NUM 6~1' POLICY TEAM AGENCY NUM 8l r! " /' .;. ..',. .:..; .; 1 . ~:l 2 ~ ; ~ ~~ '1 _ l..: ;.:., 17821 I'~I COLEMAN n::......".C' _ "( I POBOX :;::> ,. I~i 6EAVERiO,," i Y I . : ~, ' ...:J:-1f~. .)Gi',;" W :~DiiE ,:._',1233 ~lS POliCY DOES NOT PROVIDE FIRST PARTY 3ENEF1TS COVERAGE FOR: FUNEPLL E^PENSE BENEFIT .: cell. 0 NT;. c DE A T H 6 ENE F 1 T =\'R'~~Clh~RY MEDICAL EXPENSE COVERAGE s:g CREDit APPLIES SINCE YOU HAVE AN ACTIVE HOMEOWNERS PeL;: v t; ;,. GUll C'.~I", r. ~ DR1VER NAME JOHN W KUHNS SHEILA I KUHNS PHlLLlP KUHNS LICENSE flUMeE, 15389265 15398715 24880345 f. !~, OJ. : I ~ ,- :. DC! I' :: R ! 0 (; ~ ~ .. .... ;, " u," .,.. : I." \ I ~,I:: :,;. , ;(; :OLlC~SLE FORMS :':i1M /! n,.' .. UN I T FORM # DATE UN I T FOR M # DATE :J ~. : G,:::/t' f- ;).~ , ~.n... . t - '.:; -2637.:79C' ALL 70- 619 / All PPOO010694 c : ~ (: . ~ . i.' ~; -: : ::'-jCoG5Gi 66 ALL 70-448 12/89 All !L0910 01/: ; .~ ~ i_ f (J' ~ C j .. . v. (. ':.RDSC<: -: a 3 . ALL 70- 16861085 ALL 70-26590790 .. , ; :J! '~.;EI.' 7~1:', . :::. 273EGS9D ALL 70- 151 2 . ALL 70- 26690790 '..J ~. P.::(:;.:;(:~~~ .::it19C:E95 001 PP05510694 001 70-26690790 ... .. :J.- ::,.;-.... 0;::'::. \;. ,.. \ ~ , V ., .'1._\. ?~)423(-'325 002 PP04190695 002 PP05510694 :., ~., " . ~~ss PAYEE FOR UN1T #002 FIRST E BK NA OF ~IlKES BARRE IS; EASTERN PLAZA CH-3 OUE~IC SQUARE Wlc~ES BARRE PA 18768 ANTI fRAUD NOTICE ;NY PERSON WHO KNOlllINGlY AND WITH INTENT TO DEFRAUD A;.;Y It<SURMi:~E COlt:p,ltn' ['Ii ,THER FERSON FILES AN APPLlCATlON FOR INSURANCE OR ST.\TEh'ENl 0; CUlli_ ~ONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR lHS PU~~~S~ Or -J!SLEAOING, INfORMATION CONCERNING ANY FACT MATERIAL iHEHUO Cor!~I':: t. .RAUDULENT INSURANCE ACT, WHICH IS A CRIME AND SUBJ:':", SiiC-: rl:~~o~ iO :;.r.l". ,. ,NO CIVIL PENALTIES. :.(:. \ ~! ;':' ,''' -. t., ,,.. ,. ,....-,......... .." ,.. .,. - - . .-... . ...- ':C,D:AI.! HI';UF:AI.ICE _-"''''17''0,..;.,111 ,,;. oj /, . . rJ _"w U.'.' '\lJ '.: It: 'q);;, .: ~ .~ .. . .--~- -...- .. ..--- , DECLARATIONS PER:::!.; ..~ REN~..: ,,, PENN NATIONAL INSURANCE ~:'#C ,:::~ 233 :: A i\ / ~ :.. ;., E ;. A 17821 ATTACH THIS CHANGe EFFECT1Y;: 07/20/2f REASON FOR AMENDr,1S~ LOSS P~,YE;: POLICY NUMBt''' POLICY TERM AGENCY NUMBE". .1 COLEMAN ; '., l" 01 El POBOX ~~.:~ I~I SEAVERTC\\~"" I. " t', ~.'~!'II\I"\l' Ii .liUl,1 ~.'~I:J"I C.mltl,1y In"-lrnnco Campa"} r:lr::'}' '.,Ij'~l'~..:{: P"'11105 , :.: ~.' :- ., . . .. . ~ ,,;' .:". :.:1. , : ,c,:.... , ..- ,'-,',. . :.: r- !.;:. .; r....H'~ ~I i~HICL"S COVERED Jt;ll S; TE? YR MAKE-DESCRIPTIO/J SERIAL NUMBER '001 PA 074 55 WILLYS TRUCK 5734815049 903 PA 074 95 MERC SABLE GS IMELM50UXSA635045 ::~SUR~:.CC IS p~OYrD~D WHCRC A PRCMIUM 15 SHOWN FOR ~~~ :0~~~~~~ AGE " .. c ' , ~.~ .. -' .. .. .. ~- .. . .. 6 CG sa7 1 :< 1 0 - ; ,'. 2 0 5 85 i 1 r. i n ~ 0 .. , , ~EFER TO ENCLOSED FORM 70-2738 FOR INFORMATION CONCER~i~G CGVERkG[ f~R )AMAGE TO RENTAL VEHICLES. ;OVERAGE LIMITS OF LIABILITY LIMITED TORT OPTION ~PPLIES ?~E~ 1 !..;~S lit, i - .)M~IN~C S~DILY INJURY AND ';~PER- DAMAGE LIABILITY $35.000 EACH ACCIDENT 7: '.' ....... '" 'N!NSU~SD MOTORIST ;.:VERAc.: SOD!'..Y !lioJURY S 35,000 EACH ACCIDE~." STACKING APPLIES i.. '.;,' - r. ,', J~DERI~SURED MOTORIST ~CVERAGE 300 I.. y U1 oj U R Y S 35,000 EACH ACCIDE~" ST ACK ING HPLlES it. :)() ". I II'~ .... ',.' ~7HER THAN COLLISION $50 DEDUCTIBLE 'C~LISION $500 DEDUCTIBLE 57.0~ . .' ", ,. ,~. ~ ~; = . ... '.' . :PST zART' BENEFITS 2 S :~ '> ~ ~ ".-- - I . . .: ~EC!C!.. EXPENSE BENEFIT UP TO $10,OOC .,;" " ,I>, ~~RK .ess BENEFIT UC TO $15,000 SUBJECT TO A MAXIMU~ OF S 1,000 eER MONit-' ~ .'J': '_ TOiH 8Y UN:- TOiAL , j . . > ;' ~ R ^~ .,'. ? ;(~pt, i ;)M. $: ;" ~CLUDSO IN THE TOTAL PREMIUM CHARGE 5 A SURCHARGE OR ADDITIONAL AMOUNT CHARGED ':- A R: SUL' OP ACCIDENT INVOLVEMENT c /r ~ The oc(~:'ato:' 0: ven:cl0 #1, ,1ohn Hilliarr. Kub:1S, ',.;as driving W0St on SR~ 0174, the walnut ,Sottoln Road. M=. Kt.:h~s was operating a 19911 Ch~~":-ol-::!t. Sub'...:1:ba:-: Sllverado statior. wagO:1 ,,,/ith his s~::at h~lt ac::i';atod. Th0 vehicle was oW~ed by Jess ~C~0S DBA J a~d J Cal:biu-::. i'-!::. Y.t.:n:-:s 'das e:7i~lcyeci as a salesmu:l for J a:1d J Carbide. As he was d~scendl~g a slight grade on a slight le~t ha~d curve, t.he: vehicle p~:cce..::ded across the center of the hig:l'Nay into o~comi~g traffic. The ooerator of vehicle #2, Gunnar J. Hood, was drivinc east on SR. 017~, the Walnut Eottom Road. Mr. Hood was cneratina ~ 1995 _Ford Econoli~c rr.ini <,.far: ',.:ith his seat belt deac~ivateJ. The vehicle was o'../ned by Diamond Auto Glass. Mr. Hood '.-/as employed as a laborer Eo:: OiaiTIcnc Auto Glass. As he w'as ascending a slight grade on a 51ig:,: right ha:1d curve, his vehicle \o/2S st.:ruck by vehicle HI. Ma::cus E. G!'i:-nm \.;as dri'li:1g east on. 5?. 02.7~~, the t'/alnuc Eo~tom Road. As he was asce~ding a sliaht crade on a slieht rich~ hand t~rn, he observed vehicle #1. Mr.~Gri~m advised tha~ vehi~le #1 was d::iftinc ac~oss the cente:: o~ the hichwav into Mr. Grimm's la~e of t:ra.vel~ r'l:r. Grimr:i ~lllled to t::e ext~er.1e~ :right of his lane and D~oceeded eastwa~d. He ~as several vehicle le~cths in franc of '\/ehicle :!2. .::'.5 he looke:: i:-: his rea::.- view mi::.-ror after oassinc . . - vehicle #1, he obse::.-ved ve~icle #1 s~ill drifting across the cente~ of the hich',.:a.'v' into cncoi:1:r:s traffic striking vehicle #2, t"lr, Grimm had -not 'yet reached the ei;trance to Destiny Image which is j'..!st east of t::e accide:1t scene. Ee Droceeded to Dull into the parking loc at Destiny Imase a~d asked the employee~ co call fo= medical hel::-. ;1r. Grimm s:ated he could not see t::e a=J.ver 0: ~lehi'cle ;;1 ~as the\i" Dassec. He noted that the movement of the venJ.cle was no: aw~w~=d but appea~ed to be just a steady drif,cing to the lefe. r-lr-. Kun:!.s .....as extrice.tec :rom his vehicle by squad personnel from West End Fire and Resc~e Company. The vehicle had to be cut and pried in order to execu:e the procedure. The fire chief, Jamie ~'Jhite, ad'..rised that the procedure took in excess of thirty (30) minutes. The seat belt was an Mr. Kuhns when they arrived, The vehicle had no dash, d:-ive:-s side f:ront fender or drivers side door left to view. He d~c note that the emergency brake had to be cut as the mechanism was imoaled in the left lea of M~. Kuhns. - ~ Mr. Hood was ext=icated from his vehicle via the sliding door by sqL:ad oerson:1el from \'iesc End Fire and Rescue and medical pe:rsonn~l . from Curr~erlanc. Valley Eose Company ambulance and Chambers burg Hospital meClC 84 personnel. The air bag did activate. The seat belt was not on Mr. Hood when thev arrived but che air bag had activaced. The vehicle also had no dash, drivers side franc fender or driv2~2 side door left to view. 80th vehicles sustai~~d i[n92ct in the area of the drivers side tront co~ner. Both vehicles rotated with the rear of the vehicle going to the right. This meant that the vehicles were facing each r f C:~~r c~osswise on the hig~:~~'l. :') be in t.he east:;cu:1::! l1:~'~, ':-:::-;iclI2s a:: rest, fll~:id~ c:: :.:::': ~~e~ls a~d me:al f~rlde~ ~~~:s. T~v. poi::t'. of i:r.:~::tC'': '....;:i::; rJ'2:e~mir:'3d 'j'h:[j '..,'a~ dQ::..~ ::/' pc:::;i::.:.cr. 0: ::h.,:: h.1]:l'Nt1i' ~\:1d ~;':';'~::':~ ~':l~(.~j [::o:;~ the: ;'."C. a~GL:: 19'15 H,:u:-s . talk~!,:i to ')':!s::; ,-,'';:>:::3 :.'1':: o.....~e:::- 0: v~hicl~ ;~l, He advised ::~3: ~:r. Kuh~s had b~e:: a cocd ~~ie~d for t.,.,:::..,....y (~O) v"ars a.....d a d~...ctr.d P'lj:J10\...r>.~ fo.... c..~...... ;;~...~, (~) ".-:-';::'Y'CO ' -.. c .. . -... - . - -'. - . - - _ . _ _ _ _ . _ ~ 1 . _. _ ., . H~ s::a::ed that Mr. Kuh~s had t~aveled th~ sa~e ~c~::e fo~ o~er five (5) yea::-s but that vehicl", ;;1 ',:as nCJ~ his uSL:al vehid\':. Ee had driven the vehicle ~umero~s ti~es prio~ and was familiar w~th the _ ';e:-.icle th:>ug~. M~. Jones also advised tha: John Kuh~s had just rece~:ly had a physical. O~he!" th2n being ove~'''''eight and \-/ith a slightly el-='.rat.ed choleste~ol level he was i~ good health. He neicher smc~ed. dra~k cr took illegal d~ugs but did have a proble~ in that he would get draws'! whi:e d~ivinc a~d ~ould have to Dull off t~e hiohwa'/ to rest .... ~ -- .. or slee~. Mr. Kuhns was well aware of this problem and would watch hi~self and take app~cpria~e ac:io~ wten he beca~e tired. Mr. Kuhns had le~t fr~~ the Da~ville area a: abc~~ 0630 Hours a::c. .....as or: his usual rOL.:te a: the t:me of the accident. He had ----:1 -- "-,...~~-c: ~'r" i'':ii~:-.,~.~ -.... a".-.......'.... 1145 t:o.......s... ....~~..... .... ... '=c.~'=. c.,- ::c._,-,,_,=_ .:.... !J.:.-.._::;,_'....._~ c'- -''--''_.... __ ~ .. -..:.__ c.cco_c.:.._~S ,-0 c. relative. 7he tri~ fr8m C~~ls~ur9 to tne scene c: the accident is ap~:-o:.:ima::.~2.y ::-'1:':-:::'" "-"_ (";.=) i:'liles and ......~i..:.ld ha~le take:1 approximately ene (1) ~ou~. )J.t leas: c'../e:1:Y t',o.!e (22) mi.les of tb.is \"ould r:a",le been ~r-.:::..,...c:::--"";;:o '" "...- .....,_':.n._i~ 1'-. _irs~l-_-:- ".'~;~1_C~ ;:::...'l_c,... one to _..-__...d..C,I.._ r11sn'",ay C:-1.'\I"l::::-. _.1 _ __ __ ..... . _ te=o~e complace~: ane crc~sy. Also since ~Ir. Kut~s had just eaten a:1G. \oJit~ th.:=: cay bei:1S .....a-:-r1 \'I'itn terr.peratures near sevent.y (70) deg-:-ees the drive would ha\.e bee~ ample for him to become drowsy. The accident occurred withi.n a minute of exiti~g the interstate n.lChl.,olay and or!lv abcut th'O (2) miles from the destination at ~ . A=c~itectural Woodsmiths Inc. The sun was shining CL:t. '.-/as pa:-tly obscu~ed by rall tY"Pe clouds. At the time of the accident at 1237 Hours the sun would have been nearly directly overhead. Therefore the sun could not have obscured ~lr. Kuh~'S vi.sion or caused him to be momenta~ily bli;~ded. .l:.. check of the ar-22 on (:,'/0 (2) different occasions within the week withi~ the same time frame bv this investioating office~ also shol.,o/ed notnlnc \<Jne::e sunliah~" \~'ould have b~en reflectec. . ~ . .....,.. '"' Causlng a.lSt~actlon O~ Oll~siless. After the measu~eme~ts were taken and all ~ecessary work ac the sce:;.e ',.;a5 cotiiDleted, Cb.?liIbersburg Eospital was contacted via te~e9hone. Ac chIs t~me it was learne~ t~at Mr: ~{oo~ h~d expired a."\(" !'-ha-- N'''~ t.'I.h~c: '"'au h~.... '-""'~nc::'"'o~-oa '''a med'......l n-11cO t-~-o 'i._ ,-I.. (.. 1:_. .......I.;.~ .1,,' .....'=:::.; '-_C.I.~!:" _'-_ .... ., _L.:;:._ .::::_ p t:_ '- Yo~k Hospital. This ofEi=e~ we:;.t to the Chambersburg Hospital at the request o~ the Frankli~ Coun:y Co~oners Office. At the Chambersburg Hospital it was learned that Mr. Hood 11ad .' c rr .. :::'2>2:1 ::'1:0nOll:1Ced d/.!Cld y/h'~:1 t::~ ar;,!:~~ ,1::C-:; a:-r i ',,"3d ':1:1d th;]:: '::r.tt}r~d t(~r~ h0spital, ;'!r-. Kuhr.s '../as tak~.;:1 :~~:-,':jdi~t'~l'l ~~bulanc~ t~ il w~iting tl~licc?te~ fro~ Sky Care which is ;.~; 1 ](";"'\)'" -\ ~..,'.'i\.,-I tlnd t~.:1:~!,;'..-./~l':.:"':;~':: ~>:::-. Y:,':::-k 1~-3~:::,2~. ..... _l ... _... .... '. . he ncve~ f.::-om the E ::"'or~ t h+:: F:.-ar::-:l'::i C01.:r~t.j' .:lss:.stt1:~:: ccr8r.'~~ J~;;:: ':c~:1ors r-equested u.3S.1.3ta:1ce '~'.:.t:: th.;: body cE j'1:"4. E~od. Th'3 Ct.:mberla:td County cc~:c::c~ r.ti.chZl~~ l'jor:.-is '....as contac:ec C1:1C g:'/~:1 thl2 necessa:-y ;..:......,,-..,:'It.;o.... ~.. o,.......:.~.... "0 c~~tac ',,"""_ ~,,'::".'." o~ ~.;.... ~ """...~l;...;...-'ry. ,~....'-'..HiCO__.. .1... -'~';'- '- ......01 t '1 '-.. _ '''_''0 ... ~.._ ....H\_..C~_ ::......; .-.... .;.._!- co'.or-....... CO'.:1o....("" "'n"-a1"c' a c~ C'" . h'" t " .....;.c....n~ OJ ass.:.s....(;tn... ... --- .....,.:.1 ..._~~ __ _o....ea .~c.1a !'aw:i1a, br0k-::n and !.40::~~>2d left: hip1 shat:t~=ed left knee, broke:1 left _~~~U~I partially ar~put:ated lefe leg above the k~~e, deep laceration .....~10.1 c.nn '-'r.c.,::', -"'0' a c;,::.,:I""'I 1::cr--'r"2tion. c.~ t'r.,::. .,..;0........ 1,o.C; De-...h wac ""-_.. .-.- ...l__ Ct.. ......_~ -- --. . ... '_ ................. ....__. ct.'-."OJ at:ribu:.ed to ~ass:ve tracma. York Hos:Jital '.-,as c()n:.acted ':,:,2. teleohc::e. The patient r'2p~esenta t i'le" i.:1formed this or f ieer tna t Hr. .. Kuh~s \'/as be ing taken to surgery a~d to contact her in abou: cwo (2) hours. She advised tha: his condition was very serious bu: that he was conscious and talking. At 1510 Hcurs whe~ I called t~e patie~: representative, . ~as irl~or~~d chat the Yo~k ccunty cc=o~er wa~ted to talk to me. Kathyrn F~~hma~1 York c~~~ty c==~~er, advised that M=. Kuhns ::a:: ex;:i~ed dL:e t,:) a ~up::L:!.4ed aor::a. S::e advised chat an autopsy wc~ld be d8ne with ::he res~l:s fo~~ar~ed to me. The autopsy reporc re~ealed t~at Mr. K~hns also took ~e~icatio~ to ccmbat sleepiness ~~ile drivi~g a~d had been involved i~ a p~evio~s moto~ vehicle a==i~e~t when he fell aslee? at t~2 ~~eel. Measureme~ts were take~ from s:a:i2~ mar~er S2 017~ / 20 to a s:ra~ch: li~e between GPU ~~e=gv utilit.; Doles 9-~1755 and 9-11765 ... ~ -co; s"'-:-c" o-F "LC F-:." 0 ; :-C~~.::.s ',1;::- :'-:'~-s"""'~c. ~ 11 m"'''su~'''m.::.:-.'''s .. - \...c.. - - "':.-- _'=...,-, .; _.. .._ ",_;:, '.,_a ......__ . ..__ 1_..... __.......'- we~e taken :ro8 this st~aiqht line. Utility Pole 9-11765 S to edse 0: road~ay ir..c:-:es. south 8 feet 6 Utility Po:e 9-11765 S to inside 0: ~tite l;~~ - south 19 feet 10 inc::es. Utilitv Pole 9-11755 S to ce;-.ce:- 0: doubl':2 y=llo\.; li~es so~th 30 feet 2 i~ches. Utility Pole 9-11765 S co i::.sid-e ',':['~:..:e 1ir:02 on far side of hig~wa~' - south 39 feet 9 ~~ches. Utility Pole 9-1:765 S to tar side edge of roadway - south 46 ['2'2: 9 inches. Base line at ce~te~ c~ doubl~ Y2l1o~ lines frcnt tire oE vehicle ~Il - ~est22 fee: :0 i~ches, to cr i ve~s S lde south 11 inches. Base line at center of double yellow lines rea~ tire of vehicle #1 - west 20 feet 10 inches, to drivers side north 5 fe.::t 10 J.7;;-173f ~ ~ tJ, $';).. . '1f' DEATH /NV S /GAT/ON FO (" CASE NO: 10 q~- 9- 2-D t' Ilo D, ',n.., '" tly COIon"1 Name of deceased YORK COUNTY CORONER'S OFFICE YORK, PENNSYLVANIA :,,,4lu~ ~~ ColOI 01 '.ce O() w I J N (1 Olhel: iN M.'lied r O..th certlflclle Iuued by deputy: t,( ~. I pI Ves >y No c...~ ~~/11j;~ D.ltal-J / f-'9.% Sex "1:) M ( I F: J Never Married ) Widowed ( ] Dlvo,ced ~ ~ tc t: (JA.M. ( IA.M. ~ (IA.M. C.II Aec'd .L!f1 P.M. Y'J'T) Lell fOI scene arLrp P.M. Attived a1-7'l P.M. Place trip started \ ~)t-/1( ~ Reason lor delay, if any Miloage: end. , slart 1 way lrip /0 localion of deafh: if OUlside city or town miles ( I Notlh: [] Soulh; [I E.sl: [I Wesl 01 NUlla. C'I)'.fo...." on Roule No. IU S, Pen".1 0' lfO,"olllwf Aoule Nllmtler Of"C;"~ OC.lI101I U .acturar.ry IS pO.ultl~I" _ \ / , , Place 01 dealh, Of place where body was found~ Clly.8 ough or Township Slreef address or local Ion / t/ Length 01 slay. If know Telef)hone No. ?5:I- :L&3 I Name and address at hospHal or institution, ij applicable (DOA? I J Yes N No): -r:;;2 Usual Residence (where deceased live II jnslilulio~ residence be/Ole admission) Stale t:a_ County City, 8010ugh 01 Township . Slleet .ddless 01 IOC~1I0n~ 23..3 ~& (0 ~nce or: a Farm? { ] Yes a Person calling deputy ddress Phone-1!Z Relationship: [] Police [ ] Hospit., []Physicl.n Body found by [ ] Ael.lIve ( -:7,7 Time I z. [ ) A.M. ['>(P.M. Address Phone Whe, . A'.-/'YJ( / -'" _, e.~ I /'. L--: /,'. . '.. .~ ) BOdy moved or IOuched ..-t...-- On whose .uthority? . Movemenl 'mp:~r:~i:z.-,Jpi;'~.;[~;j-6:C7ffC;--x.. Deceasedl.S!...~ve 1& 19-&: At I JA.~. Mp.M.. Whete t/4 C~~ Byd!u~/'L.F'/4'AJ .z-- ~~'1 ~ Phon. Under what circumstances ~~~ / (/ -t( .~~. L'sl physici.n 10 .flend dec~: ~~ Afi '0 [J A.M. t{P.M. /0 /'1 19 f ~ ' I Deceased's regular physician: 1'>4 Same r J none I J other(Dr. Address: [ ) same; altle, .., , ,( t '// . Full N.me 01 Spouse ;<:.//, L/ ..I:.. tt./ Address: ~ same; Cltler Father's Name_ -;:/" . Moltler's Usual OC:upation (even if r~ljrCd) .;..\~)r/ ~.t!.1.-?/J--U ..d-t~ maiden name Soci.1 SeCurily NO.It.l(' (,I.z 1 ~.s/() , vVI'4II1'l1V IIV.'M\,..04...... . ';.. .. ......, ", ...... :":,:,' '~,''''':r,~,~,,:,''.-:-:'''-''':''.'r,~-r:1.f1'-rt-'':''':'-'::i't'''''.'.~-?~-:;:~.:.nt";."..:., . .O:;:r<:';o""~",!~~1J " ' .~." I, ',^lIU4f"AM,&~ 6 .. ." '''It:--- ~'EFI\IlCENAJ . ~ =>UlVICC_ ,'I . \'.. erJ,' '1D03 ":-1_ v../~ . . - _..:- - """.. OAf Y(AR , AOOIILS~ . 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'I' II (J)(')(J) roe (fl 'O~:o.'(q)"o Od.O.I(b,"o 0'1018. C)!l'(fi:"l .IOa'. e1jlej1f,1 /1&'11'.2 .lJ&'11(2 ~')'l"'''' w C3,'jQ:J Ul (3Y~I~3 w C!I'~'''3 ~ t~I4.:~ ~ t~lql!~ ::E f..(1'~"~ F (5!O.HS F= <'~)&'5' F nl'~1(5 ~ (61 '6 ~ (6,' fa ~ IAI' '6 S II I ... ~ (7.> Ii S (71 ,j ;:: 18l (ll, ~ (8) (6;:: qSJ ,~ ~ 19) (l)' (9\ '0';;: !r. '9 - TO SCENE: - Q Emorgency - () Non-Emorg, - - F110M SCENE: - _ Emorgoncy - ':) Non-Ernorg, - - - - C.I Residence -j Traffic Way 55. MPH - & Olhor Trallic Way - ':...) Public Place - ':-J Recreation Area - ''':) Waterway - C) YVirderness - ':') HoleVMolol o Bl\f/ReSl11uranl Olnduslrlal o Mino (.) OfficeIDusino53 () Fan" () Acule Caro FllCUiry o Cl1niClOr's Ofnco r.") E:dendod Care Facility o EMS RendolVO\Jj OOthO' C) Assault ',> Bicycle , ) BltalSling .... Fall I Firo ,llnlor-Fllcilily , Medical I Molorcytlo CJ Padostr1on C) RocfDllllon Vehicle () Shoollng ~..) Slabbing 8 Vehlculnt 00010< - -'bH.O -'j".1 - 2.'/2 -C!;;l3 - :4,1:4 -'5)'5 _ 6lQ - VI7 _ iJ,I'~ _'9,\'9 I'EllllAl. (SIOrlentud (:4) Confused (~) In.:lpprop, , ~,l GJfblod QNcne MQI.On . flail Chest I G~ Oboys Convn, '.J Burn, 10+%I111cc/airwoy ,'5) Pain - Loc.'lI, . Extricallo,n 20+ minutes '.4) Pain. Ylilhdr, ':1 Falls 20.. fool I :] , Pain - Flexion "I Umb paralysIs '2 ' Pain - ExtCflds MOTOR VtHlCLE . Nono . Speed 4Q.~ mph . 20. speod change . Deformity 20..0 Olnllw1on12..0 "~j Rollovt't ,".! ejectIon , Death same MY . _ ! Podest. vs, MV 5+ mph '. :,1 Pades!. thrown/run ovor '\ Mtcycte 20+ mph/sep. (5!'.5 :6"6 17"7 /81'8 ~ 9 1 ' 9 '7q7. IB.!.8 : 9 I ~.~ '...J Lap Bolt '...:.' Hazardous Malerials ; =' Shoulder Boll ':) Hx 01 CardiacIRosp, Dis, ~:I laplShoulder : J Self E:driC<llcd ~'~;~ Airbag , : I Sell Inflicllon :'':) Helmet e SU\VhVOsMVndsd Dnm, :"') Safety Seal '.:) Walking Alter Accldenl ., Unknown '~) Co-Morbid raclor:; ,"'") Not AvlAlsed - - M. 0 o NMOY Ob,L 001_ 0 PoIoooIOD o eohoviorol 0 Homo<. 0 Ro:lpIrnt e C..dloe Arrost 0 Hyperthm. 0 SeIzure o Cordloe Sym. 0 Hypothm. 0 Shock o Oohydtstlon 0 Nausea 0 Stroke o mob.,o, 0 OIlJGYN 0 Vomiting o Dluln... 0 Pain 0 W.oknoss r) Orownlno 0 Porolysb . Other \~\\~\. Head 00.000. Foeo 000000 Eye 000000 NecMiplro 000000 Chos' 0080000 8acWSplno 000000 Abdomon 0000 .0 PeIv.IG.,;, 0000000 Arm 0000000 Hond 0000000 Thigh OOooeoo LogIFOOI 0000008 ...... ...... 0) . -..J to CJ1 .j:>. 0) - I;U.tl.'IIIH'/'.l.:,. --AlBWAY ,OXY.G.EM ~lrrnl.Sin, f.l.l!l. ',JNbutorol ()Hoparfn ;:~., - Abdominal Thrust 'A1' 'M, ':A;J 'A4 '0,' ~ 1-9 Jpm fAf' 'M 'A'S 'M (li Sin, Tach (1,~:L '.l Aminophylline CJ Hydrocortisone . -BnckSlows 'Al"A2. 'A3 'A{10'~1o-'5Ipm .''''2 .'A4(il SIn, Br.ldy (I.,L '...IAtropine (")Isoproteronol .0 "'Manual 'Al"A2<J\J'Mr.O)QI11EB' Asyslolo tl"L "ISlcarn ()Udocafne ..roe]")...])(tl~lD. -Nasopharyngoal 'AI"A'-:A3 rA~ IO.'AIJtOOoflb, 'Af'!A'l 'AJ"Mt.b AV810ck 'JI'l ')8retyllum !.")Meporidine 'DQ)(DmQ)f])CDCDCD. - Oropharyngeal '~1. 'M IA4 eep Bandage 'AI"~ 'A3 IA4 (6 Atrial Fib . I:' L ~ Calcium () Metaproterenol 'J) IJ) ({) (~) (il J) <I> CD CI> iI. -~t!.Il.l.All.o.tl CPR. .',"3'/A4(b AtrialFlut '1~'L ')Ooxamolh C'Morphlno '.3)OJem(I':'.:r>(DCDCD, '0. - ~ocket M<lsk 'All 'AlA:] 'M ' 0 1 HOI Pack ~^tl~' ~3 'A4 fil Ef..1O : I.' 'L ) 050 () Nllloxone '~) (~.l ({l (.V Q)!J) CI> CD CD ~ 0 - Domand Vlllve 'Al' 'Al' 'A3' '1\4 ' ~'. Cold Pack 'j\flIA2' 'A] '114 ~o Juncliofl31 ' I ..' L !.) Oinzepam () Nitroglycerine. $) (3) ($) ':5,H~') 3Hl) (]) (J) ~ .. - 8ag Valvo Mask .f!.tl A2 . '1)4'\0,1 DolivCf)' (DB) 'AI, :M: 'A:S 'A~ (0, Paced I: 'L. ,:.: Dlphenhyd. f:) NItrous Oxide .~) (jJ ([). (]) !~[) CD cD ([) g . -lMMOJlli.IZAnOl1 ExtrlcaHon 'All',b,~ 'M 'Aqo PVC'$ 'I" L' ':.' Dobutamlno () Oxytocin '.~) t7J(V (1) (2) (7) q)(D CD ~ II , - C-Splno Stabilize 'At' ,At. 'A3 'M Olpocac 'A1IlAZ' '~:1 fA4 (~ SV Tach 'I" L ':', Dopamlno C) Procalnllmlde ,&) ~,8) (J) 1]) (lJ (j) (DID (]) ""i 0 - Cervical Collar 'AI' Wl 'A3 'A4 Q Irrignlion 'Ail 'A2. ,A:I 'A4 (0 VenlTJch 'I' L -;, Epinephrine 0 Tcrbutallno 'O.\(~H') (~I CJ) tJ) (I) (I)'W ~ . '" . -C.Spinolmm,Dev. 'At'~Zf~3'(A.~'.MASTAppl'd .~~r~3"A4.VenIFib ,/,'L '.)Furosemide l='Vor.lpamll . . 0 0' I :i II.: .... Board - Long 'Al' '~;!'~:1 '-14 .. MAST Inflaled '.!oJl ,~~ ~3"M . Other ' i I' L ;) Glucagon () Other ON SCENE AT FACIUTY' ;! d . Gl . -Soard-Short IAfl'At:~'ljq'(])OrnIGluco!:e ~jl'A~r.o.'1t.-l>(O~ . Ute '::Jlmproved t '0';:' - Splint - Exlremlly 'Al: 'A.Z ~31 "J (~) Suctionlng 'AJI rA'l . ~~'(O. ':) D5W ('") NonnalSalino 0 Ring, Lact. Throat..'::) Slable (D<D(ID@ ~.8.'{ -Splint-Traction 'Ajl~lJ\!i(lj'(P)Tourniquet ~11~0~'HGl:OTKO (,.1 BO/U3 C) Wide ~)Mod. ':JUnstable (l)CDG)m :~, .::~,t - --~... tl:l:IIIJ:lol:to'd'H/ol,' ::-J Minor Worse (.1) cD (J) CD 'lit;~c:il::! - PeriphorallV 'A."b fA}) ~~ 0l (ij) Dcllb/Cordiovort ~I r.A2, ~3"!,A:~ (~'. (Mlnute'l ill CD (D~Q) $~H:on:, _eKG 'AII~'~"~,4'(O) EOA ~fl~2~l~'4(ci' <4 4-10 >10 Unk ClTelephono (l)(D(!)(!) ,',,'..'\:\ -endoTrnc,h,lnllJb, '~t10z,~~'1.Y'Cif) Inlroo~soou:JN 0.].l~~~3{l~'(fi','v,o~tloCrR e 0 0 0 '':.lCoUulnr (J)CD(!)([) 'y:,-,n' - Mod, Admin, ~fJ ,.!;!' ~.3' '/.Il (0) Noodlo TIlorac, 011 ~:' (a,3 ':A~ (b: "tTo~llo Dofib 0 0 0 0 ':" Radio 0 Nono CD <D (J) ;~.~ ,0 I~~ . SQUAC" 15 ...li....5 DISP,\TCHt:D NIO RESPOtlm.:O HtlTIJ\!. IUD HI CUHm:RlJIilO CO~NT,( TO ASSIST COHP;\tI'{ 52 WI ;'.."J,-'O ACCIDEtlT W! E:tlTRAlfll:NT. 'sQUAD lS,'ARRIVED @ THE SCWE. NIO DEON' ~:~RlCATIOtI Of THe PT. Itl VNI. EXTRICATED Pf. 0'( MeAN:::; or TlltRE W,\.5 ^ CAGE TO 'THE RE:AA or TilE 2T. SEPEAATHIG THE: fRCtlT or THE VNI TO THE ElACK or THE: VAt'" ThE CAGE WAS PU'(SICI\LLY REMOVED 8'( CHIEf WHITE N1D fIREfIGHTER GREG HARTHI. CNCE CAGE WAS REMOVED PT. WAS ACCESSABLE. CHIeF WHITE THEN REMOV&O THE: PASSENGER SlOE: DOOR. CIlIEr WIIlTE W\l0 TilE OACK PART or TilE DRIVERS SEAT OOWU AND DEGAlI TO RCI-:O'IE PT. wm:/l HE FOUND THAT THE DRIVERS LtG HAD ONE or TilE CCNTROl. PEDAI.S IMMDEDOEO IN IllS l.EG. e TillS POWT PT. PT. WAS A t.OAD MID GO. PT. W,\S TIlEII REMOVED MID TfWlSPORTEO TO CHAM8ERSElURG HOSPITAL. miCE EXTRIC,'TIOU WAS CCMPLETE CI~EW m:GAN EXT~ICATION OF Tilt PT. Itl rile O'rIlER VEHICLE. tlO ACCEGS WAS A'IJ\IL.J\DLC crl Tift PA:3~E:;GE:R Sloe TUE:Rt:rORE WGIHE 15-1 MRIVI:Q Ct. Tm: SCENE mo ttREfLGHTER GREG M'fERS ASSISTED cllu:r WlllTf. IN REMOVING DRYERS SIDE DOOR USING TilE: SPRE:AOERS, SE:FEAATED PT. fRCti DASfI USING THE SPRE:ADERS AND LEAVING IN PLACE. NOTE: PT. HAD THE EMERGDICY DRAKE PEQ.A,L EM1UE:DDED IN HIS LEf"r THIGH MfJ\, CUIE:f WlIITt: USING 'rilE SAH-ZAW CUT THE PEDAL LEA'lItlG PAAT IN HIS LEG. fIREIfGIlTER HYERS THEN REMOVEO PT. IS LEfT fOOT OY SEPERATIrlG THE DRIVERS Sf.:AT fRCM TIlr. DASH USING THE SPRt:A.CERS. PT. W/\S STILL NOT ACC::SSMLE:. clm:r WHITE: AND rF MYERS REMOVED Tm: DRIVERS SIDE Rf.AR PASSENGER DOOR. CIlIEf WHITE N~D rr MYERS CUT "A" POST AND "8" POST AND lAID ocwtl -8" POST. PT. WAS TilEH ABLE: TO m: REMOVED. EXTRICATION COMPLEn: Pr. TRAlISPORTE:D TO CHA."lSERSSURG HOSPITAL VIA JVolB 53. .' r. 15....:;r, Apparatus Times Alarm TimfJ A.rrival Time Back In Sve Tlm~ Engine Time Pump TimfJ 12:30 12: 41 13,57 amkus 30 ram amkus 40 ram a:nkus combo iJmkus cutters amkus po:otable q~nc:'ator amkus spreaders c:oibbing ems hand tools sa....-zall Yes Yes Yes Yes Yes Yes Yes Yes Yes 1 Member Roll Call 0003 Hartin Justin SQ 15 0006 Hyers Greg Responded 0017 Rebuck Ron Responded 0018 Craig Jack SQ 15 0031 Ge=ha:ot JiJckson Responded 0032 Smith Chad SQ 15 0035 'rlhite Jamie SQ 15 0036 Man!n Grog SQ 15 0038 HiJttlnez Hatt Responded 0040 BURKETT SHAHN Responded 000. Shenk Randy Responded 0085 GiJrdner Sam Responded .. {' C::ew Station On scene Crew Station Dri ver Officer Ceow Station On scene On scene On scene . (:-AIM ASSIGNMENTIACKNOWLEDG(NT . ..... '. CHECK TYPE OF ASSIGNMENT/ACKNOWLEDGMENT o COMMfIlCIAL o PIP o PMS o PERSONAL o NON.PMS ,'.,-, AGENCY AGENT NO. INSURED DRIVEn ____ 12;{1--57?/7~ D.O.L. A:~~'MAMDl3 At--...---- CLAIM NO. CRT OPERATOR TYPIST OFFICE CONTROL PN I CODE EXAMINER CODE AlA CODE LOSS COV. CODE INJURY CODE STATE OF ACCIDENT CODE/WC ~103 o DRIVER STATEMENT o CLAIMANT STATEMENT o NATB o PILR o PIP PACKAGE o POLICE REPORT o INSURED'S NOTICE OF LOSS.THEFT, FORM 80.374 o INDEX BUREAU o MEDICAUWAGE AUTHORIZATION o LIGHTNING AFIDAVIT o MEDICAL FORM o WAGE STATEMENT CLASS CODEiWC _ _ _ _ o TIP SHEET TO UNDERWRITING o PIP/RISIDUAL FILE NO. REMARKS: o W.C. QUESTIONNAIRE ASSIGN APPRAISER CLAIMANT # 1 CLAIMANT # 2 TYPE LQSS TYPE LOSS . . i .........................,...."'.......~,.....~;~~t.I~ACT 1011 REPORT . . . .......,~,.......,.......................................p:..6.i...."..i x JAII-I0-97 FRI 10:23 il11 :f: x :I: :I: SEND(MJ :I: :f: :I: :I: DATE START RECEIVER TX TIME PAGES TYPE NOTE tl~ :I: :f: X :f: JAIH 0 10: 18 AM FRAME 5/23" 6 SEND ( M) OK 078 :I: :I: :I: X :f: :I: TOTllL SM 23S PAGES: 6 :I: :I: :f: xuuuxuuunuuuuuuuuuuuuxuu:twx.muuunuuuxuununxnnuuuuu:nUU:f:XUX CLAIM ASSIGNMENTIACKNOWlEDGMENT CHECK TYPE OF ASSIGNMENT/ACKf'lO'llLEOGMENT o COMMERCl.AL . 0 PIP (fiPMS o PERSONAL o NON.PMS AGENCY AGENT NO. INSURED DRIVER CLAIMANT _ CLAIM NO. '.' D2'1-<:)7377 -iJ)1z&~ ADJ. ;z;; ~_ D.O.l. O~FICE CONTROL PNICODE .. EXAMINER CODE .AIA CODE. LOSS COV: CODE . INJURY CODE ~i:!JO' cdzJ} o ORIVER STATEMENT o CLAIMANT STATEMENT ~ P~C~GE ~lIeE REPORT o INSURED'S NOTICE OF LOSS-nfEFT, 'FORM 80-374 . . ~NDEX BUREAu' .. o MEDICAUWAGEAUTHORIZATJON o LIGHTNING AFIDAVIT . . .. 0 MEDICAL:FORM" TYPIST . - - _.-- '. STATE OF ACCIDENT CODE,we.. ~ _ . CLASS eODE/WC ---- o TIP SHEET TO UNDERWRITING: . .. O. PIP/RISIDUAL FILE .NO. . o NATB o PILR. t- r - lillH/'iIlHlI:ililli Account No: 03430 Attention: PNI - PA P~1I - PA PNI-PA PLEASE REPLY TO: METROPOLITAN REPORTING BUREAU Box 926, William Penn Annex Philadelphi~ PA 19105-0926 Phone: (800) 245-6686 FAX: (800) 343-9047 , ., '. i , ) '.." .' 1. Request for a (n) ACCIDENT REPORT . Please return this fOl'm Hith the repor > If thlS event dld not occur in your JurlsdlctJ.on, could you > tell us Hhat other police department might have covered it? INSURED Kuhns, John 1'1. CLAIM No: 02457377 ECF POLICY No: SUFFIX: DATE 10-9-96 INCD. # LOCATION: WALNUT BOTTOrl RD. t SR 0174 ) ? 1~~I~!I~~MmIOO *2193156* COUNTY : CUMBERL,~ TRPR/BARRACKS; Carlisle DRIVER2 : Gunnar J. Hood /Fatal 213 Pine Rd. Mt. Holly Springs, DRIVER: Jess Jones /Fatal 1 1 ~ ~ ,~uuV ~ I &~~L old '1;'"'. I, PD) v(ltV ,0 j" {~' t~~ ~ \fr\~tk ", ~ b:-\ C> V ~ & . --- -i) U\ --- 'l-J -=-- E;' \j.l '-l \)J -.('\ u I;;' ( f Memorandum DATE: April 7, 1998 TO: Gerald Paden FROM: Ralph Smith RE: 02457377 cc: Ed Frame This claim has been previously rcported due to thc loss being a category loss, fatality, and the coverage issues resulting in a denial of coverage. We have now rcceivcd a complaint filed in thc Court of Common Pleas in Cumberland County naming the insurcd's \\'idow, as Administratrix of the Estate of John W. Kuhns, the defendant. 'I11e owner of the vehicle was not named as a defendant inthic suit. Thc plaintiff is Helga Hood, individually; Annc M. Cox, Administratrix of the estate of GUl1Ilar Hood, deceased, in their own capacity and as assignees of CNA Insurance Company. The vehiclc the insured was driving in this loss was owned by Jess Jones tla J & J Carbide. Thc vehiclc was furnished for the insured's regular use. A declination of covcrage was sent to the insured's attorney, Mikc Del1llehy, Esq. on January 28, 1997. This was done with your approval via SYSM received on 1/20/97. It is my recommendation that we immediately send another denial letter advising the estate that there is no coverage and that we will not defend them in this loss. Your early rcview and recommendation will bc appreciated. , . ... . DATE: r ~'(>-Tf: F~: ~ RE: cc: .( c Memorandum --- I-PANAT'1- IN~90_ BBG Gl.f.! ,".P' APR 0 9 \9~ \ April 7, 1998 Gerald Paden Ur1':' PlJ:~ - r:~I~_:_..:..:::::~-_..~:... ..-.._..~.", ':i I L:"- \ i ~~ l::."'J ~; " ,'" ..~ ...,-_.......... ..... .....,.,~""'"' Ralph Smith 02457377 IF~ t~' Ed Frame This claim has been previously rcported due to thc loss being a category loss, fatality, and the coverage issues resulting in a denial of coverage. We have now received a complaint filed in the Court of Common Pleas in Cumberland County naming the insured's widow, as Administratrix of the Estate of John W. Kuhns, the defendant. The owner of the vehicle was not named as a defendant in thie suit. The plaintiff is Helga Hood, individually; Anne M. Cox, Administratrix of the estate of GUlmar Hood, deceased, in their own capacity and as assignees of CNA Insurance Company. The vehicle the insurcd was driving in this loss was owned by Jess Jones tla J & J Carbide. Thc vehicle was furnished for the insured's regular use. A declination of coverage was sent to thc insured's attorney, Mike DerUlehy, Esq. on January 28, 1997. This was done with your approval via SYSM received on 1/20/97. It is my recommendation that we immediatcly send another denial letter advising the estate that there is no coverage and that we will not defend them in this loss. Your early rcview and recommendation will be appreciated. PN1 CUdMS DEPT. " -'; ~'7 1998 I I u:,'>:n\_ I .' ~ .A. I ["J!: -. - .--.-.- ~ ; t€ 1\1"'''"\' c; <. \ Rie lJ~ r'\ \-LL v'" +c-k 1S.",y.... L_ Ci v{J t-e.t... ~ ,(f1'Y\ ---r r,Np-uJ-) Aj L ~ {}~ ~VJe.~ ~ 1~' G-V~ H\t;~V >>,pj tic/reA c, .....-::;:. CERTIFICATE OF SERVICE ) \,1-- ~ n AND NOW, this; lJ' day of '" (iJ)., - I Dohrman of the law firm of Thomas, Thomas & H~fer, hereby certify that I sent a true , 1991, I, Stacy L. and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: William P. Douglas, Esquire Douglas, Douglas & Douglas 27 West High Street P.O. Box 261 Carlisle, PA 17013 \ ~ ,/b~\b~~,,_- Stacy L. Dohrman, Paralegal