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HomeMy WebLinkAbout04-018603HB-00084 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Rebecca Zeiger REBECCA ZEIGER~ (PLAINTIFF) VS. UNIVERSAL UNDERWRITERS INSURANCE COMPANY~ (DEFENDANT) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA No. CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 (20) days after this Declaratory Judgment Action of Rebecca Zeiger Against Universal Underwriters Insurance Company are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against yon. 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 any money claimed in the Declaratory Judgment Action of Rebecca Zeiger Against Universal Underwriters Insurance Company or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS 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 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 03HB-00084 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Rebecca Zeiger REBECCA ZEIGER~ (PLAINTIFF) VS. UNIVERSAL UNDERWRITERS INSURANCE COMPANY~ (DEFENDANT) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL DEMANDED DECLARATORY JUDGMENT ACTION OF REBECCA ZEIGER AGAINST UNIVERSAL UNDERWRITERS INSURANCE COMPANY AND NOW, comes the Plaintiff, Rebecca Zeiger, by her attorney, JoAnne E. Kinzel, Esquire, and sets forth the following in support of her Declaratory Judgment Action Against Universal Underwriters Insurance Company: 1. PlaintiffRebecca Zeiger is an adult individual who resides at 4 Country Club Place East, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is a stock insurance company which, at all times relevant hereto, regularly conducted business in the Commonwealth of Pennsylvania and maintained a principle place of business at 7045 College Boulevard, Overland Park, Kansas 66211. 3. At all times relevant to the matters contained in this Complaint, Defendant provided a variety of insurance coverages to Spankey's Auto Sales, Inc. pursuant to policy number 233798. 4. On May 13, 2002, while Defendant's insurance policy was in full force and effect, Plaintiffwas test-driving a 1996 Volkswagen Jetta owned by Spankey's Auto Sales, Inc. and insured under the above-referenced policy with Universal Underwriters. 5. While test-driving the vehicle with the owner's permission, Rebecca Zeiger was involved in a motor vehicle accident which resulted in damage to the Volkswagen Jetta. 6. On or about May 4, 2003, Spankey's Auto Sales, Inc. filed a Complaint against Rebecca Zeiger alleging that she is liable for the damage to the vehicle resulting from the accident. 7. Upon being served with that Complaint, Rebecca Zeiger, through her attorney, made a formal request upon Universal Underwriters for defense and indemnity under the insurance policy issued to Spankey's Auto Sales, Inc. 8. In response to said request, Universal Underwriters has refused to defend and indemnify Rebecca Zeiger for the accident and resulting damage. 9. According to the terms and conditions of the policy issued by Universal Underwriters, pursuant to which Rebecca Zeiger is an insured, Universal is required to defend and indemnify Rebecca Zeiger in the underlying action. 10. Coverage for Rebecca Zeiger is provided under the "Basic Auto/Unicover Coverage Part 900. (See coverage form attached as Exhibit "A".) 1 I. In the Insuring Agreement, Universal Underwriters promises to "pay all sums the INSURED legally must pay as DAMAGES (including punitive DAMAGES where insurable by law) because of INJURY to which this insurance applies, caused by an OCCURRENCE arising out of the ownership, maintenance, use, loading or unloading of an OWNED AUTO or TEMPORARY SUBSTITUTE AUTO." (See Exhibit "A". Insuring Agreement A. p. 54) 12. Under the same insuring agreement, Universal Underwriters assumes the "fight and duty to defend any SUIT asking for these DAMAGES. (See Exhibit "A"; Insuring Agreement A. p. 54) 13. An INSURED under the policy includes anyperson "using an OWNED AUTO or TEMPORARY SUBSTITUTE AUTO within the scope of YOUR [the named insured's] permission". (See Exhibit "A" p. 56) 14. Rebecca Zeiger qualifies as an INSURED under the policy because she was using Spankey's (the named Insured's) owned auto with Spankey's permission, i.e., she was test- driving the vehicle for possible pumhase. 15. While using Spankey's owned auto with Spankey's permission, Rebecca Zeiger was involved in an accident, which is included in the definition of OCCURRENCE defined by the policy. (See Exhibit "A", p. 55) 16. As a result of the accident, the vehicle was damaged. The vehicle damage meets the definition of INJLrRy as defined by the policy. (See Exhibit "A", p. 55). 17. Spankey's is now suing Rebecca Zeiger for the cost of repairing the automobile. The repair cost for which Spankey's is suing meets the definition of DAMAGES set forth in Universal Underwriters policy. (See Exhibit "A", p. 55) 18. Accordingly, since Rebecca Zeiger is an insured under Universal Underwriters' policy and meets all of the definitions for coverage as set forth therein, Plaintiff seeks an Order from this Honorable Court requiring Defendant to defend and indemnify Plaintiff in the underlying action. WHEREFORE, Plaintiff Rebecca Zeiger respectfully requests this Honorable Court to enter an Order declaring that she is an insured under Defendant's insurance policy and requiring Defendant to provide coverage to her, including a defense and indemnity in the underlying action filed against Rebecca Zeiger by Spankey's Auto Sales, Inc. Date: January 13, 2004 Respectfully submitted, LAW OFFICES OF JACOBS & ASSOCIATES J~Y~tt~e E. Kinzel, Esquire 214 ,Yenate Avenue, Suite 503 Camp Hill, PA 17011 Telephone No. (717) 731-0988 Identification No. 55453 (Attorney for Plaintiff) 4 03HB-00084 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Rebecca Zeiger REBECCA ZEIGER~ (PLAINTIFF) VS. UNIVERSAL UNDERWRITERS INSURANCE COMPANY~ (DEFENDANT) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION JOANNE E. KINZEL, ESQUIRE, hereby states that she is the attorney for the Plaintiff in this action, and is authorized to verify that the statements made in the foregoing pleading are true and correct to the best of her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworu falsification to authorities. Date: January 13, 2004 , - JoP~ e E. Kinzel, Esquire Attorney for Plaintiff Identification No. 55453 BASI~; AUTO UNICOVER COVERAGE PART 900 This Coverage Part applies only when it is shown~ in the declarations. Such insurance applies only. to those insureds, security interests and locations designated for each coverage as identified in declarations item 2 by letter(s) or number. The General Conditions apply except as amend- ed or replaced in this Coverage Part. all sums the INSURED legally must pay as DAMAGES (including punitive DAM- AGES where insurable by law) because of INJURY to which this insurance applies, caused by an OCCURRENCE arising out of the ownership, maintenance, use, loading or unloading of an OWNED AUTO or TEMPO- RARY SUBSTITUTE AUTO. ; COVERED POLLUTION DAMAGES - all sums the INSURED legally must pay because of COVERED POLLUTION DAM- AGES to which this insurance applies caused by an OCCURRENCE arising out of the own- ership, maintenance, use, loading or unload- ing of an OWNED AUTO or TEMPORARY SUBSTITUTE AUTO. investigate and settle any claim or SUIT WE consider appropriate. OUR payment of the limit shown in the declarations for this Coverage Part ends OUR duty to defend. WE have no right or duty to defend SUITS for DAMAGES not covered by this Coverage Part. MEDICAL PAYMENTS - all reasonable and necessary medical, dental, and funeral expenses (incurred within three years after the OCCURRENCE) to or for each person: (1) who sustains INJURY caused by an OCCURRENCE while OCCUPYING an OWNED AUTO or TEMPORARY SUB- (2) STITUTE AUTO being used by an INSURED; scheduled in the declarations pages (and residents of their household) who sus- tains INJURY caused by an OCCUR- RENCE while OCCUPYING or if struck by an AUTO other than a vehicle: (a) operat- ed on rails or crawler-treads; (b) while located for use as a residence or premis- es; (c) which is a farm tractor or other equipment while off public roads. PHYSICAL DAMAGE - for LOSS to an OWNED AUTO from any cause, except as excluded or as stated otherwise in the decla- rations. DEFINITIONS - When used in this Coverage Part: "AUTO" means any land motor vehicle, trailer or semi-trailer, designed for travel on public roads and includes its permanently attached equip- ment. "AUTO" does not include MOBILE EQUIP- MENT, unless described in the declarations. "COLLISION" means (1) impact of the OWNED AUTO with another object (other than a bird or animal) or with a vehicle to which it is attached, or (2) upset of the OWNED AUTO. "COMPREHENSIVE" means any cause of LOSS other than COLLISION. "COVERED POLLUTION DAMAGES" means those POLLUTION DAMAGES not otherwise excluded which occur away from premises owned or operated by YOU, arising from: (1) POLLUTANTS while being transported on' an AUTO by YOU; (2) fuel or lubricants, fluids, exhaust gases or other similar POLLUTANTS needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered AUTO or its parts, if the POLLUTANTS escape or are discharged or released directly from an AUTO part designed by Edilinn R.qr~ ..... the manufacturer to hold, store, receive or dispose of such POLLUTANTS; (3) POLLUTANTS, not in or upon a covered AUTO, that are upset, overturned or dam- aged as a result of the maintenance or use of a covered AUTO and are the direct result of such upset, overturn or damage. "DAMAGES" means amounts awardable by a court of law. DAMAGES does not mean civil penalties, fines or assessments. bodily injury, sickness, disease, or disability includinc death resulting from these) o¢ or loss of use "INSURED CONTRACT" means any of the fol- lowing, if such contract or agreement is executed prior to the OCCURRENCE: (1) a lease of premises, elevator maintenance agreement, sidetrack agreement; (2) a license agreement in connectidn with vehicle or pedestrian private crossings at grade, any easement agreement except in connection with construction or demoli- tion operations within 50 feet of a railroad; (3) an obligation, as required by ordinance, to indemnify a municipality, except in con- nection with work for a municipality; (4) that part of any contract or agreement by YOU, YOUR partners, executive officers, stockholders, director.s, or employees per- taining to the LEASE or rental.of AUTOS to them for use in YOUR business. This does not apply to damage to such AUTO; (5) that part of any other contract or agree- ment pertaining to YOUR business (including an indemnification of a munici- pality in connection with work performed for a municipality) under which YOU assume the tort liability of another. "LEASE" means a written agreement for a term of 180 days or more wherein YOU are named as tile lessee. "LOSS" means direct and accidental loss or dam- age, in excess of the deductible amount stated in the declarations, occurring during the Coverage Part period "MOBILE EQUIPMENT" means vehicles designed for use principally off public roads, those not required to be licensed, and AUTOS used solely on YOUR premises. It includes, but is not limited to, bulldozers, power shovels, rollers, graders, scrapers, and any other road construction repair equipment, farm machinery, cranes, forklifts, pumps, generators, air compres- sors, drills, street sweepers, riggers, or vehicles used to provide mobility for any nf Ibc, se when permanently attached to the equipment. "OCCUPYING" means being in, on, entering into, getting out or off of. including continuous or repeated exposure to conditions, which results in INJURY or COVERED POLLU- TION DAMAGES during the Coverage Part peri- od neither intended nor expected by a reasonably prudent person. All INJURY and COVERED POLLUTION DAMAGES arising out of continu- ous or repeated exposure to substantially the same general conditions will be considered as arising out of one OCCURRENCE. LEASE and is scheduled in the declarations, any AUTO YOU purchase or LEASE as its replacement during the Coverage Part period, tt also means any trailer designed for use with the type of AUTOS scheduled in the declarations. If WE insure all AUTOS YOU own or LEASE, addi- tional AUTOS will be covered the day YOU pur- chase or LEASE them, if YOU notify US within the next 60 days. "POLLUTANTS" means any solid, liquid, gaseous, or thermal irritant or contaminant including (but not limited to) smoke, vapor, soot, fumes, acids, alkalis, chemicals, and waste. "Waste" includes (but is not limited to) materials to be recycled, reconditioned, or reclaimed. "POLLUTION DAMAGES" means any cost or expense arising out of a request, demand, order, claim or SUIT by or on behalf of a governmental authority demanding that the INSURED test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of POLLUTANTS. PAGE 55 Edition 3-98 "SUIT" means a civil action for DAMAGES, including arbitration or mediation to which the INSURED must submit or submits with OUR con sent. A class action is one SUIT. SUIT does not mean administrative actions or equitable actions. "TEMPORARY SUBSTITUTE AUTO" means an AUTO not owned or LEASED by YOU, YOUR partners, officers or employees, or a member of YOUR or their household, when it is used tem- porarily with the owner's permission to rep[ace an OWNED AUTO which is out of service due to its repair, servicing, loss or destruction. Coverage Part: With respect to this (1) YOU, including YOUR spouse if a resident of the same household; (2~~qTS A and (a) YOUR partners and their spouses or executive officers. If they are using a TEMPORARY SUBSTITUTE AUTO, it must be used in YOUR business; (b) ~ Only YOUR employee, a borrower, or a borrower's employee is an INSURED for loading, and unload- lng; (3) under INSURING AGREEMENT A only, anyone else, but only as a result of their liability because of what an INSURED in (1) or (2) above does or fails to do. WHO IS NOT AN INSURED - None of the follow- ing is an INSURED: (1) The owner of lessor of an OWNED AUTO YOU LEASE. This does not apply if they are named in the declarations as applica- ble to this Coverage Part; (2) Any person engaged in the business of selling, repairing, servicing, storing or parking of AUTOS (including roadtesting and delivery) unless the person is YOU, a resident or YOUR household, or YOUR partner, executive officer, agent, or employee or a resident of the household of any of them. EXCLUSIONS - This insurance does not apply to: (a) INJURY or COVERED POLLUTION DAM- AGES if caused by any dishonest, fraudulent or criminal acts committed by any INSURED; (b) any act committed by or at the direction of the INSURED with intent to cause harm, This exclusion does not apply if INJURY arises solely from the intentional use of reasonable force for the purpose of protecting persons or property; (c) INJURY to any employee of the INSURED arising out of and in the course of their employment, or any obligation of the INSURED to indemnify another for INJURY to the INSURED's employee. This exclusion does not apply: (1) to domestic employees not entitled to Workers Compensation; (2) to any of YOUR employees with respect to any claim made or SUIT filed against them by another of YOUR employees because of an OCCURRENCE arising out of and in the course of their employment by YOU; (3) to an INSURED CONTRACT; (d) liability assumed by any INSURED 'Under contract or agreement. This does not apply to an INSURED CONTRACT (to the same extent the INSURED has coverage); (e) any obligation for which an INSURED may be held liable under any Workers Compensation or disability benefits law or under any similar law; (f) INJURY or POLLUTION DAMAGES arising out of the actual, alleged, or threatened dis- charge, dispersal, release, migration, seep age, or escape of POLLUTANTS that are or that are contained in any property that is: Edition ,3-98 PAGF 5G (1) being moved from the place where such property or POLLUTANTS are accepted by the INSURED for movement into or onto the covered AUTO; (2) being moved from the covered AUTO to the place where such property or POLLU- TANTS are finally delivered, disposed of or abandoned by the INSURED; (3) being transported or towed by the covered AUTO; (4) otherwise in the course of transit; (5) being stored, disposed of, treated or processed in or upon the covered AUTO. Parts (1), (2) and (3) apply only to POLLU- TANTS or POLLUTANTS contained in proper- ty being transported or towed by others for YOU. Part (5) does not apply to fuels, lubricants, fluids, exhaust gases or other similar POLLU- TANTS that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered AUTO or ils parts, if the POLLUTANTS escape or are dis- charged, dispersed or released directly from an AUTO part designed by its manufacturer to hold, store, receive or dispose of such POLLUTANTS. This exclusion does not apply to INJURY caused by heat, smoke or fumes from a hos- tile fire. A "hostile fire" is one that becomes uncontrollable or breaks out from where it was intended to be. (g) INJURY, COVERED POLLUTION DAMAGES or LOSS arising out of the ownership, mainte- nance, use, loading or unloading of any AUTO while: (1) operated in, or in practice or preparation for, any prearranged or organized race, rally, speed, demolition or competitive contest or stunting activity; (2) leased or rented by YOU to others; (3) being used as a taxi cab, bus, public livery vehicle, emergency ambulance, long haul public freight carrier, or for c~rrying prop- erly for a charge; (4) being used to transport explosives, gaso- line, liquefied petroleum gas, or other volatile petroleum products; ~ (h) under INSURING AGREEMENT A, INJURY or COVERED POLLUTION DAMAGES to: (1) personal property, including AUTOS, owned by, rented or leased to, used by, in the care, custody or control of, or being transported by the INSURED. rhis does not apply, with respect to INJURY, to lia- bility assumed by YOU under a written sidetrack agreement, with respect to prop- erty used by YOU or in YOUR care, cus- tody or control; (2) real property owned by, rented or leased to, used by or in the care, custody or con- tro[ of the INSURED, except, with respect to INJURY: (i) to real property not owned by YOU caused by an AUTO operated by an INSURED; (ii) to liability assumed by YOU under a written sidetrack agreement, with respect to property used by YOU or in YOU R care, custody or control; (i) under INSURING AGREEMENT B, INJURY sustained while OCCUPYING or if struck by any AUTO YOU own or is furnished or avail- able for YOUR regular use. This exclusion does not apply to an OWNED AUTO or a TEMPORARY SUBSTITUTE AUTO; d) under INSURING AGREEMENT B, INJURY sustained while OCCUPYING or if struck' by any AUTO owned by or furnished or available for use of any INSURED. This exclusion does not apply to YOU; (k) LOSS by theft, larceny, conversion, or secre- tion when YOU voluntarily part with evidence of title to or possession of an AUTO or TEM- PORARY SUBSTITUTE AUTO; (I) LOSS to tires due and confined to blowout, puncture, or other road hazards; PAGE 57 Edition 3 98 (m)LOSS due and confined to wear, tear, freez- ing, mechanical or electrical breakdown or failure; (n) to any two-way mobile radio or telephone, citi- zen's band radio, radar detector, scanning monitor or device for recording and/or repro- ducing sound or pictures, all including its accessories and antennas. This does not apply to: (t) tape decks or other sound reproducing equipment permanently installed in, and antennas permanently attached to, the covered AUTO; (2) two-way mobile radio or telephone, citi- zen's band radio or scanning monitor per- manently installed in the opening or place normally used by the manufacturer for the installation of such equipment; (o) LOSS due to confiscation by duly c~)nstituted governmental or civil authority; (p) LOSS to a camper body designed to be mounted upon an AUTO and equipped as sleeping or living quarters. This exclusion does not apply if it is scheduled in the decla- rations; (q) INJURY, COVERED POLLUTION DAMAGES or LOSS due to radioactive contamination or the explosion or mal'funciion -(if a nuclear weapon, device or facility, WAR or their con- sequences. THE MOST WE WILL PAY - Under INSURING AGREEMENT A - Regardless of the number of INSUREDS or AUTOS insured by this Coverage Part, premiums charged, per- sons or organizations who sustain INJURY, claims made or SUITS brought, the most WE will pay is the applicable limit shown in the declara- tions for any one OCCURRENCE. Under INSURING AGREEMENT B - The most WE will pay is the applicable limit as shown in tbe declarations. Any payment made under this agreement will be reduced by the amount paid or payable for the same expenses under any other insurance afforded by this policy. No payment will be made under this agreement unless the injured person (or their legal represen- tatives) agrees in writing that any payment made will be applied toward any settlement or judgment that person receives for the same expenses under any other AUTO Liability or Uninsured Motorists Coverage provided by this policy. Under INSURING AGREEMENT C - The most WE will pay for any one LOSS to an OWNED AUTO is the least of the following, all after deduc- tion for reasonable depreciation: (a) the actual cash value of the OWNED AUTO; (b) the amount necessary to replace the OWNED AUTO with like kind and quality; (c) the amount necessary to repair the OWNED AUTO or its parts with like kind and quality; (d) the amount stated in the declarations for this Coverage Part. Before payment of LOSS, WE may take all or any part of the salvage at the agreed or appraised value. There will be no abandonment to US. COLLISION INVOLVING TWO OR MORE COV- ERED AUTOS - WE will apply only one deductible when two or more of YOUR OWNED AUTOS insured by this Coverage Pad are involved in the same LOSS due to COLLISION. That will be the highest deductible shown in the declarations. WE WILL ALSO PAY - Under INSURING AGREEMENT A, WE will pay, in addition to the limit: (a) all costs and expenses in defending an INSURED, and interest on that part of the judgment covered by this Coverage Part within OUR limits, that accrues after entry of any judgment in the SUIT WE defend but only until WE have paid, offere" pay or deposited in court that part ol the judgment that is within OUR limit; (b) premiums on appeal bonds or bonds to release property used to secure YOUR legal obligations, in a SUIT WE defend, but only for bond amounts within OUR limit. Aisc, up to $250 for the cost of bail bonds required because of an OCCUR- RENCE, including related traffic law viola- tions. WE do not have to furnish or secure these bonds; (c) expenses YOU incur for first aid to anyone injured in an OCCURRENCE covered by this Coverage Part; (d) up to $100 a day for loss of earnings (but not other income) because of attendance at hearings or trials at OUR request; (e) other reasonable expenses incurred at OUR request. .: Under INSURING AGREEMENT C - In addition to payments in THE MOST WE WILL PAY provi- sion, WE will also pay: (a) up to $20 a day, but not for more than $600, for incurred loss of use of an OWNED AUTO; (b) all ordinary and necessary expenses to return a stolen OWNED AUTO to YOU. HOW WE WILL PAY - at OUR option: Under INSURING AGREEMENT B, WE may pay the injured person or the person or organization rendering the service. Such payment does not mean WE admit any liability on any INSURED'S part; Under INSURING AGREEMENT C, WE will pay for, repair, or replace the damaged or stolen OWNED AUTO. · DUTIES AFTER INJURY, COV- LUTION DAMAGES, OCCUR- '~, CLAIM OR SUIT - If there is an OCCURRENCE, an INSURED is sued or a claim is made against them, or YOU sustain a LOSS: (a) YOU must report this to US as soon as possible. Give US all the details YOU can, including when, where and how it happened, the names and addresses of persons involved, injured, and any wit- nesses; (b) Under INSURING AGREEMENT A, each INSURED must promptly send US all documents if they are sued or a claim is made against them. If a dispute arises as to whether the INSURED mailed or WE received, a claim or SUIT, only a certified mailing receipt will be proof of mailing; (c) Under INSURING AGREEMENT B, any injured person must submit a written proof of claim (under oath and signed if WE require) and execute any documents to have medical reports and records released to US; (d) Under INSURING AGREEMENT C, YOU must: (1) protect the OWNED AUTO, whether or not this insurance applies. Any fur- ther LOSS due to YOUR failure to do so will not be covered by this policy. WE will pay all reasonable expenses YOU incur for such protection; (2) if the OWNED AUTO is stolen, notify the police; (3) permit US to inspect the damaged OWNED AUTO prior to its repa? or replacement, and submit a sworn proof of LOSS within 60 days; (e) Each INSURED must cooperate and assist US in the investigation, settlement, defense, enforcement of contribution or indemnification. The INSURED may not, except at their expense, make any offer or payment, assume any obligation or incur any expense unless otherwise permitted in this Coverage Part. Edition 3 98 DAMAGED OWNED AUTO - When an OWNED AUTO is damaged, whether or not such damage is covered by this Coverage Part, OUR liability is reduced by the amount of such damage until repairs have been completed. NO BENEFIT TO BAILEE - This insurance will not benefit, directly or indirectly, any carrier or bailee. (2) custody, or control of any person or orga- nization other than YOU, YOUR partner, executive officer, employee or a member of their or YOUR household; under INSURING AGREEMENT A1 B and C, over any collectible AUTO insurance provided on a TEMPORARY SUBSTI- TUTE AUTO. OUT OF STATE EXTENSION - While an OWNED AUTO or TEMPORARY SUBSTITUTE AUTO insured by this Coverage Part is away from the state where it is licensed and registered, WE tf there is other AUTO medical payments insur- ance on an OWNED AUTO, WE will pay only the proportion that OUR limit under INSURING AGREEMENT B bears to the total of all applica: ble limits. (f) increase this Coverage Part limits to meet those specified by any compulsory or financial responsibility law in the jurisdic- tion where the AUTO is being used; (2) provide the minimum amounts and types of other coverages, such as "N.~ Fault", required of out-of-state AUTOS by the jurisdiction where the AUTO is being used. WE will not pay anyone more than once for the same elements of INJURY because of these extensions. OTHER INSURANCE - The insurance afforded by this Coverage Part is.primary, except it is excess: (1) under INSURING AGREEMENT A and C, while the OWNED AUTO is in the care, POLICY TERRITORY - This Coverage Part cov- ers: (a) anywhere in the United States of America, its territories, or possessions, or Canada; (b) under INSURING AGREEMENTS A and B, in international waters or air space, if the LOSS or INJURY occurs in the course of travel or transportation between coun- tries, states, or nations included in (a) above; (c) under INSURING AGREEMENT C, while being transported between ports of (a) above. SUBROGATION - The SUBROGATION condition in the GENERAL CONDITIONS does not apply to INSURING AGREEMENT B. 03HB-00084 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Plaintiff Rebecca Zeiger REBECCA ZEIGER~ (PLAINTIFF) VS. UNIVERSAL UNDERWRITERS INSURANCE COMPANY~ (DEFENDANT) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA No. 04 - 186 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned case discontinued and ended. Date: September 15, 2004 Respectfully submitted, LAW OFFICES OF JACOBS & ASSOCIATES By: ~'~ ..~ JoAnn e E. I~ 1 ,'~E*~ffi~ ' 214 Senate Aq,e'nu,~ Suite 503 Camp Hill, PA 17{)11 Telephone No. (717) 731-0988 (Attorney for Plai~ttiff') Court I.D. 55453