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HomeMy WebLinkAbout09-7483 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAFE AUTO INSURANCE COMPANY, Plaintiff, CIVIL DIVISION No.: Oa - 7483 Civil Term V. COMPLAINT IN DECLARATORY JUDGMENT DABIS CAMERO a/k/a DABIS CAMERO ALZATE, individually and as parent and natural guardian of DABIS CAMERO, II, and DANA CAMERO, minors, SUSAN BRUNS, KEVIN SMITH and KRISTEN STUTTER, Defendants. Filed on Behalf of Plaintiff, Safe Auto Insurance Company Counsel of Record for This Party: Jeffrey C. Catanzarite, Esquire PA I.D. #: 72765 Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. Firm No. 911 Gulf Tower, Suite 2400 707 Grant Street Pittsburgh, PA 15219 (412) 261-3232 #17414 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAFE AUTO INSURANCE COMPANY, CIVIL DIVISION Plaintiff, No.: V. DABIS CAMERO a/k/a DABIS CAMERO ALZATE, individually and as parent and natural guardian of DABIS CAMERO, II, and DANA CAMERO, minors, SUSAN BRUNS, KEVIN SMITH and KRISTEN STUTTER, Defendants. NOTICE TO DEFEND 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 Complaint and Notice 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 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 any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. 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 BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAFE AUTO INSURANCE COMPANY, CIVIL DIVISION Plaintiff, No.: Oq_ 7`f .?3 Crc.( `7e? V. DABIS CAMERO a/k/a DABIS CAMERO ALZATE, individually and as parent and natural guardian of DABIS CAMERO, II, and DANA CAMERO, minors, SUSAN BRUNS, KEVIN SMITH and KRISTEN STUTTER, Defendants. COMPLAINT IN DECLARATORY JUDGMENT Plaintiff, Safe Auto Insurance Company, by and through and its attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and Jeffrey C. Catanzarite, Esquire, files the following Complaint in Declaratory Judgment and in support thereof avers as follows: 1. Plaintiff, Safe Auto Insurance Company, is a corporation duly authorized to transact business within the Commonwealth of Pennsylvania and has a principal place of business located at 4 Easton Oval, Columbus, OH 43219. 2. Defendant, Dabis Camero a/k/a Dabis Camero Alzate, is an adult individual who, on information and belief, resides at 511 Erford Road, Camp Hill, PA 17011. 3. Defendant, Dabis Camero a/k/a Dabis Camero Alzate, is the parent and natural guardian of minors, Dabis Camero, Il, and Dana Camero. 4. Defendant, Susan Bruns, is an adult individual who, on information and belief, resides at 1529 Inverness Drive, Mechanicsburg, PA 17050. 5. Defendant, Kevin Smith, is an adult individual who, on information and belief, resides at 608 N. Market Street, Mechanicsburg, PA 17055. 6. Defendant, Kristen Stutter, is an adult individual who, on information and belief, resides at 500 Hamilton Drive, Middletown, PA 17057. 7. Prior to February 9, 2008, Safe Auto Insurance Company had issued an automobile policy to Dabis Camero as a named insured, Policy No. PA00511941A-00, with a policy period of January 9, 2008 12:57 a.m. to July 9, 2008 12:01 a.m., contingent on the insured, Dabis Camero, continuing to make timely premium payments. Attached hereto and marked as Exhibit "A" is the declarations page of the applicable policy. 8. The applicable Safe Auto Pennsylvania Personal Automobile Policy of Insurance provided, in pertinent part, as follows: CANCELLATION DURING THE POLICY PERIOD If we do not cancel this policy within its first fifty-nine (59) days or upon renewal, then we can only cancel this policy for any of the following reasons: With at least a fifteen (15) day notice of cancellation for: Non-payment of premium. A certified copy of the Safe Auto Pennsylvania Personal Automobile Policy has been attached hereto as Exhibit "B". 9. On January 16, 2008, due to non-payment of the applicable premium on the automobile insurance policy, Plaintiff provided Defendant Camero with a Notice of Payment Due indicating that the premium due date was January 23, 2008. A true and correct copy of the Notice of Payment Due is attached hereto as Exhibit "C". 10. On January 24, 2008, due to unpaid premiums owed by Defendant, Dabis Camero, on the subject policy of insurance, Safe Auto issued a "Notice of Cancellation" letter to Defendant Camero, at the address listed on the declarations providing sixteen (16) days notice that the policy was going to be cancelled effective February 9, 2008 at 12:01 a.m. for "NON-PAYMENT OF PREMIUM" and further notified Defendant Camero that the policy could be kept in force by paying that premium prior to the cancellation date noted. A true and correct copy of the Notice of Cancellation is attached hereto as Exhibit "D". 11. Effective on February 9, 2008 at 12:01 a.m., with no payment in full of the premium due having been received, Safe Auto Insurance Company, as permitted by the policy of insurance at issue and Pennsylvania law, properly cancelled the above- referenced policy of automobile insurance issued to Defendant, Dabis Camero, for non- payment of premiums. 12. On or about February 9, 2008, at approximately 2:40 p.m., Defendant, Dabis Camero Alzate, was involved in a motor vehicle accident, when the formerly Safe Auto insured Saturn ION owned by Defendant Camero Alzate, was involved in a motor vehicle accident with Defendants Bruns and Smith. Defendant Stutter was a passenger in the Smith vehicle and minor Defendants, Dabis Camero, II, and Dana Camero, were passengers in Defendant Camero Alzate's vehicle. 13. Various demands have been made upon Safe Auto Insurance Company to indemnify and assume a defense on behalf of Defendant, Dabis Camero Alzate. 14. Between the cancellation of the subject policy of automobile insurance on February 9, 2008 at 12:01 a.m. and the subject motor vehicle accident occurring on February 9, 2008 at 2:40 p.m., Defendant, Dabis Camero Alzate, never reinstated the above-referenced Safe Auto policy and never secured a new Safe Auto automobile insurance policy for liability coverage that would be applicable to the subject underlying accident. Accordingly, at the time of the motor vehicle accident of February 9, 2008, which accident is at issue under the claims set forth by the other Defendants, there was no Safe Auto Insurance Company automobile insurance liability policy in effect requiring Safe Auto to provide a defense, coverage or indemnity on the claims brought against Defendant, Dabis Camero Alzate, as a result of the February 9, 2008 motor vehicle accident. 15. For the reasons set forth herein, Plaintiff, Safe Auto Insurance Company, seeks a judicial declaration that it is not required to afford either a defense, coverage or indemnification to Defendant, Dabis Camero Alzate, in any claims asserted by any of the other Defendants or in any litigation that may arise as a result of the underlying subject February 9, 2008 motor vehicle accident. WHEREFORE, Plaintiff, Safe Auto Insurance Company, respectfully requests this Court to enter a judgment as follows: a. declaring that Plaintiff, Safe Auto Insurance Company, is not obligated to defend or indemnify Defendant, Dabis Camero Alzate a/k/a Dabis Camero, on the claims asserted by Susan Bruns, Kevin Smith and/or Kristen Stutter, or any litigation that may arise as a result of the underlying subject February 9, 2008 motor vehicle accident; and, b. grant any other such relief as the Court deems appropriate. Respectfully submitted, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. By: J rey atanzarite, Esquire unsel for Plaintiff AUTO INSURANCE POLICY DECLARATIONS 4 Easton Oval Policy No.: PA0051 1941 A-00 Columbus, OH 43219 1-800-SAFEAUTO Policy Period: From 01/09/2008 12:57 A.M. BA A TO (1-800-723-3288) To 07/09/2008 12:01 A.M.' I N S U R A N C E - Standard time at the address of the named insured as stated herein. I? DABIS CAMERO 511 ERFORD RD CAMP HILL PA 17011 I>? IF YOU CARRY COLLISION COVERAGE FOR DAMAGE TO YOUR AUTO, THIS POLICY a PROVIDES COLLISION COVERAGE FOR RENTAL AUTOMOBILES, BUT ONLY IF THE RENTAL VEHICLE IS RENTED AS A RESULT OF A COVERED LOSS. PLEASE NOTE THAT THE DEDUCTIBLE AND ALL APPLICABLE POLICY TERMS AND LIMITATIONS APPLY. This Declarations Page along with the Policy Jacket (Form PA1010/1298), your signed application (Form PA1000/0606), and any endorsements/forms listed below complete the t+? above Policy. I? The insurance afforded is only with respect to such and so many of the following coverages as are indicated with respect to each described vehicle where appropriate. The limit of the company's liability against such coverage shall be as stated herein, subject to all the terms of this policy having reference thereto. W? VEH # YEAR MAKE MODEL 1 2007 SATURN ION LEVEL 2 COVERAGES BODILY INJURY LIABILITY PROPERTY DAMAGE LIABILITY FIRST PARTY BENEFITS MEDICAL EXPENSE UNINSURED MOTORIST BODILY INJURY UNSTACKED UNDERINSURED MOTORIST BODILY INJURY UNSTACKED PHYSICAL DAMAGE COMPREHENSIVE - ACTUAL CASH VALUE LESS DEDUCTIBLE COLLISION - ACTUAL CASH VALUE LESS DEDUCTIBLE BODY TYPE SERIAL NUMBER SYM 4D 1G8AJ55F57Z168356 14 LIMITS OF LIABILITY $ 15,000 EACH PERSON/ $ 30,000 EACH ACCIDENT $ 10,000 EACH ACCIDENT $ 5,000 EACH PERSON $ 15,000 EACH PERSON/ $ 30,000 EACH ACCIDENT $ 15,000 EACH PERSON/ $ 30,000 EACH ACCIDENT VEH 1 * " * 6 MONTHS PREMIUM VEH 1 $263 INCL. $58 $12 $14 $ 500 $ 500 TOTAL PREMIUM BY VEHICLE TOTAL PREMIUM ALL VEHICLES $106 $526 $979 TOTAL DISCOUNTS PER VEHICLE 3.830/6 VIOLATION SURCHARGE PER VEHICLE 0 OTHER SURCHARGES PER VEHICLE 0 ADDITIONAL DRIVERS: LUISA BENION ALL DRIVERS HAVE CHOSEN LIMITED TORT OPTION ENDORSEMENTS/FORMS MADE PART OF THIS POLICY AT TIME OF ISSUE: PA1000/0606 PA1010/1298 PA1020/0606 PA1011/1002 PA1510/0603 PA1605/0302 PA160610603 PA1610/0999 PA1500/0603 PA120510999 PA1305/0999 $979 Provided monthly payments have been paid ---------- 1108OWN end eomoca d IN???w'8.'4 DO/o= AI IM Safe Auto Insurance Company Corporate Office: 4 Easton Oval Columbus, Ohio 43219 (614) 231-0200 1(800) SAFE-AUTO 1(800) 723-3288 FORM PA1010/1008 Table of Cornanta AGREEMENT Definitions Used Throughout This Policy ................................. ............ I What You Should Do In The Event Of A Loss Or An Accident ............3 Notice Of Auto Accident Or Loss ............................................. ............3 Other Duties ............................................................................ ............4 PART I - LIABILITY COVERAGE Insuring Agreement, Additional Benefits .................................. ............5 Protection For Others, Who Is Not Covered, Exclusions ......... ............6 Limits Of Liability ..................................................................... ............8 Other Insurance ...................................................................... ............9 PART II - FIRST PARTY BENEFITS COVERAGE Insuring Agreement, Definitions Used Only In This Part 11 ........ .........10 Accidental Death, Covered Auto, Funeral Expenses ................ .........10 Income Loss, Insured Person, Medical Expenses .................... .........11 Combination Package, Extraordinary Medical Benefits ............ .........13 Non-Economic Loss, Serious Injury, Exclusions ....................... .........13 Limits of Protection .................................................................. .........14 Priority Of Policies, Conditions ................................................. .........15 PART III - PHYSICAL DAMAGE COVERAGE Insuring Agreement .................................................................. .........16 Lasses Not Covered ................................................................. .........17 Limit of Liability ........................................................................ .........19 Transportation Expenses, Rental Reimbursement .................... ........19 Towing and Labor ..................................................................... ........19 Payment Of Loss, Premium Earned On Total Lass ................... ........20 No Benefit To Bailee, Appraisal, Other Insurance ..................... ........20 PART IV - UNINSUREDIUNDERINSURED MOTORISTS COVERAGE Insuring Agreement ................................................................... Additional Definitions Used Only In This Part IV ........................ ........20 ........21 Uninsured Motor vehicle ........................................................... ........21 Underinsured Motor Vehicle ...................................................... ........22 Protection For Others, Those Not Covered ................................ .......22 Limits Of Protection, Payment of Damages ................................ .......24 Stacked Coverage, Unstacked Coverage, Reductions ............... .......25 Trust Agreement, Other Insurance, Arbitration ........................... .... 26 GENERAL PROVISIONS ... Valid Driver License, Business Use Coverage ........................... ... 27 Named Driver Exclusion, Our Right To Recover Payment .......... .... .......27 Financed Vehicles, Lienholder Deductible .................................. .......28 Policy Period And Territory ........................................................ ... 28 Transfer Of This Policy, Number Of Covered Autos Allowed ...... .... .......29 Changes in Your Policy, Cancellation During The Policy Period . ......29 Renewal Provisions ..................................................................... ......30 Bankruptcy, Fraud Or Misrepresentation, Premium Payment ...... ...... 31 Late Payment .............................................................................. ......31 Financial Responsibility Laws, Suit Against Us ................ ..... ......32 Punitive Or Exemplary Damages .................................... 33 ............ Two Or More Auto Policies, Automatic Termination .................... ...... ...... 33 NAMED OPERATOR ENDORSEMENT (NON-OWNED AUTOMOBILES) ....................................................................... ...... 33 AGREEMENT We agree with you, in return for your timely payment of premium, to insure you subject to the terms and conditions of this policy. We will insure you for the coverages and up to the lim- its of liability for which a premium is shown on the Dec- larations Page of this policy. We agree to insure you based upon the informatiori you represented to us in your application for auto in- surance. The Declarations Page and your application are part of this policy contract. DEFINITIONS USED THROUGHOUT THIS POLICY In order to make this policy easier to understand, we have explained some key words that are used throughout this policy. These key words are in bold face print. Auto means a four wheel passenger, station wagon, or jeep type vehicle licensed for use on public roads in- cluding pickups, delivery or panel trucks and vans with a classification of % ton or less that is not used in any business or occupation other than farming or ranchingg, unless the auto qualifies under the business use defi- nition. Auto accident is an unexpected and unintended event that causes bodily injury or property damage and arises out of the ownership, maintenance, or use of an auto. Bodily Injury means physical harm, sickness or disease, including death, caused by an auto accident and suffered by a person. Business use means the use of any auto to convey any operator between his/her place of employment and an- other bcation Buring the course of the operator's employ- ment and at the direction of the operator's ern er Business Use shall not include any Commercia, se; however, mileage reimbursement shall not constitute pe- cuniary gain or commercial advantage. Collision means the upset of your covered auto or its impact with another vehicle or object. Commercial use means any auto used for pecuniary gain or commercial advantage, including but not limited to: use of an auto for the purposes of buying, selling, ex- changing, distributing, transportation, and/or delivery of commercial tools, materials, supplies, and/or finished prod- ucts. Commercial use also means any compensated use of an auto for snow or debris removal on roads or real es- tate, except at our residence. Commercial use also means carrying of any person or property for a charge, but does not apply to shared expense car pools or any Busi- ness Use. Comprehensive means loss caused other than by colll- sion. Accidental glass breakage and loss or damage from t, missiles or ft=-, objects, fire, theft, larceny, explosion, 1 earthquake, orm, hail, water, flood, malicious mis- chief, vandalism, riot, civil commotion, or contact with a -t. bird or animal is considered a comprehensive loss. Covered auto or your covered auto means any auto described on the Declarations Page and any owned or leased auto you replace it with. Your covered auto also means.any additional auto, ownership of which you ac- qt" during the policy period if we insure, under this policy, all autos you own. However, the replacement auto or ad- ditional auto is insured ONLY N the Named Insured notifies us within thirty (30) days of acquisition of ownership. Prior to notification, a replacement auto is subject to the same coverage as thiaegauto it replaces. Collision and compr+e- hensiveN does not apply to any additional auto unless requested by? tfie Named Insured prior to a lose involving the additional auto. A temporary . ` rspbcomsnt auto qualifies as a covered auto. Your covered auto also means a trailer you own or are uslr4 Physical damage coverage does not transfer to trailers. Your covered auto also means other autos you operate with the pennission of the owner, but not for collision or cornpro henel" coverage. Any liability coverage we prVAde with re- spect boa auto you ? collenot own or leaki shag be ctible insurance covering a the auto you are driving. o Your covered auto does not include other auras owned or le®sed by you, furnished to or available for yow. regular use, or autos owned or leased by any reel-::, dent of your hwd. A temporary nplacernerrt auto qualllles as a covered auto. Da mean the cost of compensating those who suffer 9y injury or property damage from an auto accident. Decteredons Page is the form from us stating the pol- icy period, the types of coverage you have elected, the limit for each coverage, the cost for each coverage, the specific vehicles covered by this policy, the types of coverage for each vehicle, and other information appli cable to this policy. Loss, losses means sudden, direct, and accidental loss or damage. Motor vehicle is a self-propelled land vehicle on wheels designed for use on public roads and not run- ning on rails or tracks and not running by overhead electric power. Motor vehicle shall not include any ve- hicle which is used as a residence or premises and does not include farm type tractors or equipment de- signed for use off of public roads. Non-owned auto means any private passenger auto not owned or leased by you or a relative, furnished to or available for the regular use of you, a resident, or any relative, while in the custody of or being operated by you or a relative. A rented auto is not considered a non-owned auto. Property Damage means physical damage to, destruc- tion of, or loss ofuse of tangible property. Occupying means in, on, getting in, or getting out of a covered auto. Relative means a resident living in your household who is under 21 years old, your dependant and related to you by blood, marriage, or adoption, including a ward or foster child. Resident means any person who physically lives in your household for longer than fourteen (14) consecu- tive days. Your unmarred, unemanci?ated children un- der the age of 24 attending school full-time, living away from home will be considered a resident of your house- hold Temporary replacement auto means any auto not owned or leased by you, a relative, or a resident, while your covered auto is being serviced or repaired, or if it has been stolen or destroyed. Trailer means a vehicle designed to be pulled by an auto. It also means a farm wagon or farm implement while being towed by an auto. A trailer is not a mobile home or a trailer used as an office, store, display, or passenger trailer. Use, using, used means any utilization of the motor vehicle as a vehicle including occupying, entering into and alighting from it. Vehicle - See Motor Vehicle. We, us, and our refer to Safe Auto Insurance Company. You, your, yourself means the person named on the Declarations Page of this policy as the Named Insured and the spouse of that person if a resident of the same household. WHAT YOU SHOULD DO IN THE EVENT OF A LOSS OR AN ACCIDENT NOTICE OF AUTO ACCIDENT OR LOSS In the event of an auto accident or loss, you must report it to us as soon as reasonably possible. You can report our auto accident or loss 24 hours a day by calling toll-free: 1-800-SAFE-AUTO (1-800-723-3288) or 614-231-0200 _i. The report must give the time, place, and circumstances of the auto accident or loss, including the names and ad- dresses of any injured persons and o any witnesses. For any accident involving bodily injury or in which the insured vehicle must be towed from the scene, you must also file a written report with the appropriate law enforcement agency within 24 hours of the auto acct- deM or toss. OTHER 901ES You or any person claiming coverage under this policy must f. Cooperate with us in any matter concerning a claim or lawsuit and promptly send us any legal papers received relating to the claim or lawsuit. PART I - LIABILITY COVERAGE INSURING AGREEMENT We will pay damages, other than punitive or exemplary, for bodily injury or property damage for which you, a relative or any additional driver listed on the Declara- tions page becomes legally responsible for because of an auto accident. Liability coverage applies to you while driving your covered auto and to you while driv- ing a non-owned auto, if you have permission from the owner to drive the auto. Liability coverage will not apply to you while driving an auto that is not listed on the Declarations Page and that is: 1. Owned or leased by you; or 2. Available for your regular use; or 2. Submit to physical or mental examination(s) at our expense by doctors we select as often as we may reasonably require and authorize us to obtain medical and other records. 3. Provide any written proofs of loss that we require. 4. Refuse to, except at your own expense, assume any obligation or incur any expense other than medlcal and surgical care imperative at the time of the auto accident. 5. Attend hearings and trials as required. 6. Submit to examination(s) under oath upon our re- quest If you are claiming uninsured motorists coverage, you, must file a written report with the appropriate law enforce- , meat agency within 24 hours of the auto acciident, if a hit- and-run mollar vehicle is involved. If you were occupkV a nrotoir vehicle at the time of the auto accident you must make it available for our inspection. If you are claiming physical damage, you must take reasonable steps after the loss to protect the covered auto and its equipmelt from further loss. We will ppssy reasonable expenses incurred in providing that protec- tiort. YOU MUST FILE A WRITTEN REPORT OF THE. THEFT OR VANDALISM OF YOUR COVERED AUTO'' TO THE POLICE WITHIN 24 HOURS OF THE OCCUR- RENCE. You must also allow us to inspect and appraise the damaged covered auto before its repair or dis- posal. FAILURE TO COMPLY WITH ANY OR ALL OF THE CONDITIONS ABOVE MAY RESULT IN OUR REFUSAL. TO EXTEND YOU OR ANYONE ELSE REQUESTING,; COVERAGE ANY PROTECTION UNDER THIS POLICY FOR THE AUTO ACCIDENT OR LOSS. 3. Owned or leased by a resident of your household. Liability coverage will apply to any other person driving your covered auto with your permission, provided they are not a resident of your household and do not use your covered auto on a regular basis. We will provide liability coverage for an auto you rent from a car rental agency or garage, ONLY while your covered auto is being serviced or repaired, or if it has been stolen or destroyed. Any liability coverage we provide with respect to an auto you do not own or lease shall be excess over and above any other collectible insurance covering the auto you are driving. ADDITIONAL BENEFITS These benefits are in addition to our limit of liability for damages. We will pay for the cost of investigating the auto accident and arranging for the settlement of any claim against you. We will also defend you, hire and pay a lawyer and pay all defense costs for the lawyer hired by us if someone sues you for damages because of an auto accident even if the accusations are not true. However, we have no duty to defend suits for bodily injury and property damage not covered by this policy. We may in- vestigate and settle any claim or lawsuit, as we deem ap- propriate. We will not be obligated to pa for the cost of any further investigation or arrangement for settlement or defend you further after we have offered to pay our entire limit of liability. We will pay up to $100 for the cost of bail bonds required because of an auto accident, including related traffic law violations. The auto accident must result in bodily injury or property damage covered under this policy. Vile have no obligation to apply for or furnish a bond. If the person who sues you tries to tie up your property by an attachment, we will pay for a bond to release the attachment. However, we will not pay the premium for attachment bond amounts that are more than our limit of liability. If you lose a lawsuit that we are defending, we will pay, the court costs, including appeal costs if we decide to appeal. We will also pay pre judgment and post- judgment interest on the amount of the judgment up to the policy limits. We will pay this interest from the day the judgment is entered until we have offered the other Fert the amount of the judgment up to the full limits of abi ity available under this coverage. We VAN pay your expense for first aid to others at the scene of an auto accident involving an auto we insure. We will pay other reasonable expense incurred at our request including up to $25 a day for loss of earnings because of attendance at hearings or trials at our request. PROTKrTION FOR OTHERS Anyone using your covered auto with the covered auto owner's permission, and within the scope of such permission, has the same rights and obligations that. You have under this coverage. However, this protection. is not afforded to any regular or occasional user of your covered auto or to any resident of your household; unless. that person is listed as an additional driver on the Declarations Page. Any change in regular opera- tors, newly licensed drivers or residents in your house- hold must be reported to us immediately. WHO IS NOT COVERED Neither the United States of America nor any of its agencies are protected under this coverage. Anyone for whom the United States government may be held responsible under the Federal Tort Claim Act is not protected under this coverage. In the event of reinstatement, no coverage exists for any person during the period between the cancellation date and the reinstatement date. EXCLUSIONS LIABILITY COVERAGE AND OUR DUTY TO DEFEND DO NOT APPLY TO BODILY INJURY OR PROPERTY DAMAGE: 1. That occurs while your covered auto is being oper- ated by a resident of your household or by a regu- lar user of your covered auto, unless that person is listed as an additional driver on the Declarations Page. 2. Resulting from a relative's operation or use of a motor vehicle, other than your covered auto, which is owned or leased by a person who is a resi- dent of your household. 3. Arising while your covered auto is being operated by a person who is listed as an excluded driver on the Declarations Page. 4. Arising out of the ownership, maintenance, or use of any motor vehicle, other than your cov- ered auto, which is owned or leased by you, fur- nished to or available for your regular use. 5. Arising out of the ownership, maintenance or use of any motor vehicle with less or more than four wheels. 6. Arising out of the loading or unloading of any vehi- cle unless it occurs while occupying, entering into, or alighting from it. 7. To you or to property owned by, rented to, in charge of, or transported by you. However, this exclusion does not apply to your rented residence or rented private garage damaged by your covered auto. 8. If your covered auto is used without the cov- ered auto owner's permission, or outside the scope of that permission. 9. Sustained while your covered auto is being used to flee or elude law enforcement official(s). 10. Caused intentionally by you or at your direction. 11. If your covered auto is used in the commission of any felony, including theft of your covered auto. 12. If your covered auto is used in any illicit trade or transportation. 13. Arising from any prearranged or organized race, speed contest or performance contest. 14. Arising out of the ownership, maintenance, or use of any motor vehicle during the course of any business or employment, unless you have paid a specific premium for business use cover- age. 15. Arising out of or in the course of employment. However, coverage does apply to a domestic em- ployees unless benefits are payable or required to be provided, for the domestic employee under worker's compensation law or similar law. 16. To your fellow employee(s) in the course of his/ her employment, if such injury arises out of the use of an auto in the business of his/her em- ployer. This exclusion does not apply to injuries 6 for which you are legally liable. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. If you are operating any motor vehicle in a com- mercial capacity. If your covered auto is used during the course of your employment to transport people, including, but 1, not limited to nursery or school children, medical Pa.- bents, clients, migrant workers or hotel/motel guests. If your covered auto is used for snow removal, or any kind of wholesale or retail delivery, including but-: not limited to pizza, magazine, flowers, newspaper, mail or other business types of delivery. Arising out of the ownership, maintenance or us*.-, of any auto when it is used to carry persons or property for a charge. This exclusion does not, apply to shared expense car pools. Arising out of an auto business operation, including but not limited to, the selling, repairing, servicing, testing, storing, or parking of motor vehicles. Occurring while your covered auto is pulling a mobile home or a trailer used as an office, store, display, or passenger trailer. Arising out of the operation of farm machinery. Arising cut of or due to the use of the covered auto for transportation of any explosive substance; flammable liquid, or similarly hazardous material Assumed by you under any contract or agreement For any liability imposed upon you by statutes aris- V from your sponsorship of a minor for an opera, toes license. Caused by war (declared or undeclared), civil war, insurnr-hun, rebellion, revolution, nuclear reaction;' radiation, radioactive contamination, or any conse- quence of any of these. To anyone protected at the time of the auto acci. dent by an atomic or nuclear energy liability in- surance contract. The reason for this is that, by law, such policies protect all persons involved in ; the auto accident, regardless of who was at fault. Arising dauring the period between the cancella- tion date and time and the reinstatement date and time. LIMITS OF LIABILITY The limit of liability shown on the Declarations Page is the. most we will pay regardless of the number of claims made, covered autos, insured persons, lawsuits brought, vehi- cles involved in an auto accident, or premiums paid. Your Declarations Page shows a split limit: The amount shown for "each person" is the most we will pay for all damages due to a bodily injury to one person; and 2. Subject to the "each person" limit, the amount shown for "each accident" is the most we will pay for all damages due to bodily injury sustained by two or more persons in any one auto acci- dent; and The amount shown for property damage is the most we will pay for all property damage for which you become legally liable as a result of any one auto accident. The liability limits apply to each covered auto as stated on the Declarations Page. The insuring of more than one person or auto under this policy will not increase our liabil- ity limits beyond the amount shown for any one auto, even though a separate premium is charged for each auto. The limits also won't be increased if you have other auto insur- ance policies that apply. The bodily injury limit for "each person" includes the total of all claims made for such bodily injury and all claims de- rived from such bodily Injury, including, but not limited to, loss of society, loss of companionship, loss of services, loss of consorbum, and wrongful death. No one shall be entitled to duplicate payments for the same elements of damages. Any payment to a person under this Part I shall be reduced by any payment to that person under Part II - First Party Benefits Coverage, for the same element of damages. A motor vehicle and attached trailer are considered one motor vehicle. Therefore, the limits of liability will not be increased for an auto accident involving a motor vehicle which has an attached trailer. OTHERINSURANCE This insurance is primary for any auto owned or leased by you and that is described on the Declarations Page, or any additional or replacement auto we insure. If you are using a temporary replacement auto or non-owned auto, our liability insurance will be excess over other collectible insurance. If more than one policy applies to an accident involving your covered auto, we will bear our proportionate share with other collecti- ble liability jointly responsible. If there is other liability insurance applicable on the same primary or excess basis as this coverage, we will 9 pay only our share of the loss. Our share is the propor- lion that our limit of liability bears to the total of all appli- cable limits. PART 11- FIRST PARTY BENEFITS COVERAGE First Party Benefits consist of the following benefits which may be purchased individually or as a combina- tion package. Medical Ex nses, Funeral Expenses, Income Loss, Accidental Death, Extraordinary Medical Benefits and a Combination Package make u the benefits that are available under First-Party Benefits. Coverage will apply only with respect to the coverages appearing on the Declarations Page for which a pre- mium has been charged. INSURING AGREEMENT In accordance with the Pennsylvania Motor Vehicle Financial Responsibility Law, we will pay First Party Benefits for. (a) medical expenses, (b) income loss, (c) funeral expenses, and (d) accidental death arising from bodily injury to you resulting from the maintenance or use of a motor vehicle as a vehicle. Only the First Party Benefits shown as applicable in the Declarations Page will apply. DEFINITIONS USED ONLY IN THIS PART II ACCIDENTAL DEATH If a premium appears on the Declarations Page for this coverage, we wilt pay for accidental death arising from bodily In ry to the insured person due to an accident resulting from the maintenance or use of a motor vehicle as a vehicle. This death benefit wit be paid if death occurs within 24 months from the date of the accident. The death benefit shall be paid to the executor or administrator of the deceased's estate. COVERED AUTO A motor vehicle to which the bodily injury liability insur- ance of the policy applies and for which a specific premium is charged and for which the named insured maintains First Party. Benefits as required under the Pennsylvania Motor Vehicle Financial Responsibility Law. FUNERAL EXPENSES If a premium appears on the Declarations Page for this coverage, we will pay reasonable expenses directly related to the funeral, burial, cremation or other form of disposition of the remains of the deceased, insured person. Ex- penses incurred must be a result of the death of the in- sured person as a result of the auto accident and within 24 months from the date of the auto accident. INCOME LOSS If a premium appears on the Declarations Page for this coverage, we will pay eighty (80%) percent of gross income actually lost by an insured person. Income loss includes reasonable expenses actually incurred for hiring: (a) a substitute to perform the work of an insured person who is self employed and for which they would have performed if not for bodily injury; or (b) special help, thereby enabling a person to work, thereby reducing loss of gross income. Income loss does not include: (a) loss of expected income for any period following the death of an insured person; or (b) expenses incurred for services performed following the death of an insured person; or (c) any loss of income during the first five (5) working days the insured person did not work after the acci- dent because of the bodily injury. These five (5) working days do not have tote consecutive. INSURED PERSON An insured person is a person named on the Declara- tions Page as the named insured, an additional driver listed on the Declarations Page and any other person who sustains bodily injury while occupying the insured motor vehicle as a passenger. An insured person is also a person who is a non-occupant who is injured as a result of an accident in Pennsylvania involving the cov- ered auto. An unoccupied parked covered auto is not a motor vehicle involved in an accident unless it was parked in a manner as to create an unreasonable risk of injury. MEDICAL EXPENSES We will pay reasonable and necessary charges for. (a) medical treatment, including but not limited to: (1) medical, hospital, surgical, nursing and dental services (2) medications, medical supplies and prosthetic de- vises; (3) ambulance. (b) medical and rehabilitative services, including but not 10 11 limited to: (1) medical cane; (2) k6UOO SPY vocational rehabilbfi and (3) 'ail chimopractic, psychiatric and psycho services (4) optometric services, speech pathology and audio (0 nonmedical remedial care and treatrment rendered in aftorftm with a recognized religious method of,,', heeding. of R?edical me will bl made pursuant to Is M 1797 ( of the otor V FKran- ankm Isitift ciei R 'Law, and as it may be amended. At medical Ire~ and medical and rehabilitative serv6 rc be_,pWded by or prescribed by a person 4- JIM responsibii for' health pir 1Al MoWiffln hich ft1013e services s are provided a i Wilr.u?se, PeW Review o?rgasraations (PRO) which have 1v byt ,the Insurance Commissioner to evaki. 010 or r 1., treatment; 2. health cane services; 3." pirodilcts; or: 4. acxghxrwdatiarrs~. ?M?? conftm to of standards of M.erson or the provider may request a the PR© within 30 days of the PRO! Thin request for re0ohsidera6on as to rrra>fi :1n 1T9T of badment must be Moior I?inartclal the Pennsym Law, and as it may be If its pWATW t ai' a prawidsr$ bill and do not chap f iE a Ply Vrifllrt 90"days of receipt, the injured ask: flit oouri to nevkw_ our retus8l to v; I-A >Nort does not apply to continuing tread ?_ Parfent at !<tel#el incurred after 18 months from txtli u It* =causing bodily Injury shat be mad?r only t vrittitt 15 months from the date of the acck ' dent a is a?srlarafniliblei with reasonable medical ptobabill that rther expertaea may be incurred as a result of ttte injury. COMBINATION PACKAGE Ifa? Pappears on the Declarations Page roor the fan adage, we will pay for medical expenses, funeral expenses, income loss, and accidental death as described and limited above. Our payment is limited to $177,500 in the or to the expenses or losses incurred within three ( r ars from the date of the acci- dent, whichever occurs first However, within this $177,500, we will pay no more than $25,000 for an acci- dental death benefit or $2,500 for funeral expenses. EXTRAORDINARY ME=AL BENEFITS If a coverage premium on the Declarations Page for this ! we wi pay benefikt for reasonable and neces- sary medical expenses in excess of $100,000 arising from bodily Injury to an Inswed The injury must be due to an accident =I1rrn M. maintenance or use of a motor fits regardless of fain e v iiccl We will pay these bene- No benefits will be paid under this coverage until such medical expenses exceed $100,000. Subject to a lifetime limit of $1,000,000, the most we will pay on of an Insured person as a result of one accident is $50,OOD per year. However, dur- ing the first 18 months of lt paym in excess of the $50,000 pe y?ry' r limit swig um to the life time aggregate limit of $1,Ot)0,000. NON-ECONOMIC LOSS Non-economic loss is pain and suffering and other non- monetary detriments. SERIOUS INJURY A personal injury resulting in death, serious impairment of bodily functlon or permanent serious disfigurement. EXCLUSIONS FIRST PARTY BENEFITS COVERAGE DOES NOT APPLY TO BODLY KIURY. 1. Sustained by any person, who is the owner of a cur- rently registered motor vehicle for which Financial Responsibility is not provided, while occupying or when struck by that motor vehicle. 2. Sustained by any person while occupying a motor- cycle, motor-driven cycle, motorized pa cle or like type. vehicle required to be registered under Title 75 or a recreational vehicle not intended for highway use or any other type of motor vehicle not required to be registered under Title 75. 3. Sustained by anyone we protect other than you, a relative or an individual specifically named on the 12 13 Declarations Page for this coverage and that per4 son's relative, who knowingly steals a motor vehl- cle if the bodily injury arises out of the mainte- nance or use of the stolen vehicle. 4. To any person when the conduct of that person contributed to the bodily injury sustained by that person while intentionally injuring or attempting to intentionally injure himself or another. 5. To any person when the conduct of that person contributed to the bodily injury sustained by that '. person while committing a felony. 6. To any person when the conduct of that person contributed to the bodily injury sustained by that person whits seeking to elude lawful apprehension or arrest by a law enforcement official. 7. To any person engaged in the business of repair- ing, servicing, or otherwise maintaining motor ve. hicles if the bodily injury arises out of that busi- ness unless the conduct occurs off the business premises. 8. Sustained by any person as a direct result of load- ing or unloading any motor vehicle. 9. Sustained by any person while occupying any mo- tor vehicle used as a residence or premises. 10. Caused by war (declared or undeclared), civil war, insurrection, rebellion, revolution, nuclear reaction, radiation, radioactive contamination, or any conse- quence of any of these. 11. Sustained by any person not occupyingg a motor vehicle, other than the named insured, if the acci- dent occurs outside the Commonwealth of Penn- sylvania. LIMITS OF PROTECTION We will pay First Party Benefits to you for any one acci- dent up to the limit of First Party Benefits limits you have selected as shown on the Declarations Page for one covered auto. Benefits will not be increaser for add' ge#w the limits of protection under this policy you because t re are multiple nwtor vehicles covered under this policy or under multiple motor vehicle policies covering you for the same loss. Any amount payable by us for medical expenses greater than $100,000 shall be excess over any amount paid or payable under Extraordinary Medical Beneflts, and First Party Benefits shall be excess over as benefits that any person we protect receives or is entitled to receive under any worker's compensation law or similar law. PRIORITY OF POLICIES We will pay First Party Benefits in accordance with the following order of priority. We will not pa if there is an- other insurer at a higher level of priority even if that other insurer has paid its limits. The priority levels shown below are in descending order from highest to lowest: First - The insurer providing benefits to you as an named insured under its policy. Second - The insurer providing benefits to you pro- vided you are not a named insured under another pol- icy providing coverage under the Pennsylvania Motor Vehicle Financial Responsibility Law. Third - The insurer of the motor vehicle which you are occupying at the time of the accident. Fourth - The insurer providing benefits on any motor vehicle involved in the accident if you were not occu- pying a motor vehicle and provided covered coverage under any other policy. For the purposes of determining priorities, an unoccu- pied parked motor vehicle is not a motor vehicle in- volved in an accident unless it was parked in a manner as to create an unreasonable risk of injury. If two or more policies have equal priority the insurer against which the claim is first made shall process and pay the claim as if wholly responsible. The insurer is then entitled to recover contributions pro-rata from any other insurer for the benefits paid andthe cost of proc- essing the claim. Under the Fourth priority, proration shall be based on the number of involved motor vehi- cles. In addition, if two or more policies have equal priority, the maximum recovery under all policies will not exceed the amount payable under the policy with the highest dollar limits of benefits. No one shall be entitled to receive duplicate benefits for the same elements of loss under this or any other similar automobile insur- ance including self-insurance. CONDITIONS Medical report and/or proof of claim. As soon as practicable you or anyone we insure, or by someone on such person's behalf, shall give us written proof of claim under oath if required, fully describing the nature and extent of bodily injury, treatment and rehabilitation received and contemplated and other information to assist us in determining the amount due and payable. You or anyone we insure shall submit to mental and physical examinations by physicians selected by us when and as often as we may reasonably require. We will pay the costs of such examinations. 14 15 You or anyone we insure (or, in the event of such person's incapacity, such person's legal representa. tive) shall, if we request, sign papers to enable us to obtain medical reports and copies of records. A copy of such medical report will be forwarded to such per son we protect upon such person's written request. If benefits for income loss are claimed, you or any one we insure presenting such claim shall authorize us to obtain details of earnings paid to such person by an employer or earned since the time of the injury or during the year immediately preceding the date of the accident. 2. Customary charges for treatment. The amount we pay a person or institution providing treatment, accommodations, products or services to an in- sured person for an injury covered by medicall expense benefits shall not exceed the amount the person or institution customarily charges for like treatment, accommodations, products and services in cases involving no insurance. 3. Non-Duplication of Benefits. No one we insure shall recover duplicate benefits for the same ele- ments of loss under this or any other similar auto- mobile insurance including self-insurance. 4. Other Insurance. If an Insured person is the named insured, a relative, or the occupant of a covered auto, we shall not be liable fora greater proportion of any loss than this policy's limit of liabil- ity beers to the sum of aN limits of liability of all appli- cable insurance and self-insurance. The maximum recovery shall not exceed the amount payable under the insurance or self-insurance providing the highest dollar limit. If the insured person is not the named insured, a relative or the occupant of the covered auto, our share shall be based on the number of motor vehi- cles involved in the accident. PART III- PHYSICAL DAMAGE COVERAGE INSURING AGREEMENT If you pay a specific premium for collision and compre- hensive coverage, we will pay for direct and accidental loss to your covered auto, less any applicable deductible shown on the Declarations Page for your covered auto. We do not cover physical damage on a temporary re- placement auto; however, physical damage coverage will transfer to an auto you rent from a car rental agency or garage while your covered auto is being repaired as a result of a covered loss. A covered loss is defined as a loss that occurs during our policy period in which our Physical Damage Coverage applies. LOSSES NOT COVERED PHYSICAL DAMAGE COVERAGE DOES NOT APPLY TO: 1. A loss that occurs while your covered auto is be- ing operated by a resident of your household or by a regular user of your covered auto, unless that person is listed as an additional driver on the Dec- larations Page. 2. A loss resulting from a relative's operation or use of a motor vehicle, other than your covered auto, which is owned or leased by a person who is a resi- dent of your household. 3. A loss that occurs while your covered auto is be- ing operated by a person that is listed as an ex- cluded driver on the Declarations Page. 4. A loss arising out of the ownership, maintenance, or use of any motor vehicle, other than your cov- ered auto, which is owned or leased by you, fur- nished to or available for your regular use. 5. A loss caused to a camper body or trailer. 6. A loss while your covered auto is subject to any bail- ment, lease, conditional sale, mortgage, or other en- cumbrance not specifically declared- and described on this policy. 7. A loss to any of the following optional equipment whether or not factory installed by the original auto manufacturer: car telephone equipment; televisions or their accessories or antennas; radar or laser detection devices; home high fidelity equipment; two-way radios; scanning monitor receivers; awnings, cabanas or equipment designed to provide additional living facili- ties. 8. A loss to wearing apparel or personal effects. 9. A loss while your covered auto is used without the covered auto owner's permission, or outside the scope of that permission. 10. A loss while your covered auto is used to flee or elude law enforcement official(s). 11. A loss caused intentionally by you or at your direc- tion. 12. A loss while your covered auto is used in the commission of any felony, including theft of your covered auto. 13. A loss while your covered auto is used in any il- licit trade or transportation. 14. A loss while your covered auto is driven in or pre- paring for any prearranged or organized race, 16 17 speed contest, or performance contest. 15. A loss due to conversion or embezzlement by any person in possession of your covered auto. 16. A loss while your covered auto is used during the course of any business or employment, unless you have paid a specific premium for business use coverage. 17. A loss while your covered auto is being used in a commercial capacity. 18. A loss while your covered auto is used during the course of your employment to transport people, including but not limited to nursery or school chil- dren, medical patients, clients, migrant workers, or hotel/motel guests. 19. A loss while your covered auto is used for snow removal or any kind of wholesale or retail de- livery, including but not limited to pizza, magazine, newspaper, flowers, mail or other business types of delivery. 20. A loss while your covered auto is used to carry persons or property for a charge. This exclusion does not apply to shared-expense car pools. 21. A loss to your covered auto when used in an auto business operation, including but not limited to the selling, repairing, servicing, Testing, storing or park- ing of motor vehicles or trailers. 22. A loss while your covered auto is pulling a mobile home or a trailer used as an office, store, display, or passenger trailer. 23. A loss arising out of or due to the use of your cov- ered auto for transportation of any explosive sub- stance, flammable liquid, or similarly hazardous material. 24. A loss resulting from manufacturer's defects, wear and tear, freezing, mechanical or electrical breakdown or failure, or road damage to tires. However, coverage does apply if the damage is the result of other loss covered by this policy. 25. Loss to any optional equipment not factory installed by the original auto manufacturer. 26. A loss caused by war (declared or undeclared), civil war, insurrection, rebellion, revolution, nuclear reac- tion, radiation, radioactive contamination, or any con- sequence of any of these. 27. A loss caused by anyone protected at the time of the auto accident by an atomic or nuclear energy liability insurance contract. The reason for this is that by law such policies protect all persons in- volved in the auto accident, regardless of who was at fault. 28. A loss for which the United States Government is liable under the Federal Tort Claims Act. 29. A loss or auto accident which occurred during the period between the cancellation date and time and the reinstatement date and time. LIMIT OF LIABILITY Our maximum limit of liability for losses is the actual cost to repair or replace the damaged prope. Payment will not exceed the actual cash value of thertyproperty at the time of the loss. If the loss is a part thereof, the payment will not exceed the actual cash value of such part at the time of loss nor what it would then cost to repair or replace the property or such part thereof with other of like, kind, and quality. All payments are reduced by the applica- ble deductible shown on the Declarations Page. TRANSPORTATION EXPENSES We will pay up to $10 per day, to a maximum of $300, for transportation expenses incurred by you. This applies only in the event of the theft of your covered auto. We will pay only transportation expenses incurred during the period beginning 48 hours after the theft has been reported to us and the police, and ending when your covered auto is returned to use or we pay for its loss. RENTAL REIMBURSEMENT When there is a loss to one of your covered autos described on the Declarations Page for which a specific premium charge indicates that rental reimbursement cov- erage is afforded, we will reimburse you for expenses you incur to rent a temporary replacement auto. This cover- age applies only if the auto is withdrawn from use for more than 24 hours and the loss is caused by collision or cov- ered under the comprehensive part of this policy. Our payment will be limited to the period of time reasonably required to repair or replace the auto. If your covered auto is stolen and not recovered or declared a total loss by us, we will pa up to five (5) days after we make an offer to pay for the loss. The most we will pay under rental re- imbursement coverage is $20 per day to a maximum of $600. The most we will pay for rental reimbursement and transportation expense coverage in any one (1) occur- rence is $600. TOWING AND LABOR If you pay a specific premium for towing and labor costs, we will pay towing and labor costs incurred each time your covered auto is disabled, up to the amount shown on the Declarations Page as applicable to that vehicle. The most we will pay per occurrence is $40, not to exceed six (6) occurrences per 6 month policy period. We will only pay 18 1 19 for labor performed at the place of disablement, provided disablement does not occur at your place of residence. PAYMENT OF LOSS We may pay for the loss in cash or we may repair or replace the damaged or stolen property. We may take all or part of the damaged property at the agreed or appraised value. Before a loss is paid or the property is replaced, we may return any stolen property to you at our expense with payment for any damage. We may settle any loss either with you or the owner of the property. PREMIUM EARNED ON TOTAL LOSS In the event a claim under any of the physical damage coverages for which a separate premium is shown on the Declarations Page results in the payment of a total loss, that portion of the premium that has not been fully earned as of the time of cancellation will be refunded to you. NO BENEFIT TO BAILEE This coverage shall not directly or indirectly benefit any carrier or other bailee liable for loss to your covered auto. APPRAISAL If we and you do not agree on the amount of loss, either m demand an appraisal of the loss. In that event, each 20 will select a competent and disinterested appraiser. e two appraisers Will select a third appraiser to decide any differences. Each appraiser will state separately the actual cash value and the amount of the loss. An award in writing by any two appraisers will determine the amount payable. Each party will pay its chosen appraiser and bear e expense of the irdd appraiser equally. We do not waive any of our rights under this policy by agreeing to an appraisal. OTHERINSURANCE . If other insurance also covers the loss, we will pay only our share of the loss. Our share is the proportion that our limit bears to the total of all applicable limits. PART IV - UNINSURED/UNDERINSURED MOTORISTS COVERAGE INSURING AGREEMENT If you pay a specific premium for uninsured or underin- sured motorists coverage, we will pay damages, other than punitive or exemplary or attomey fees, ONLY for bod- ily injury physically sustained by you which you are legally entitled to receive from the owner or operator of an uninsured or underinsured motor vehicle. We will pay the damages you suffer in an auto accident while occu- pying your covered auto as a result of having been struck by an uninsured or underinsured motor vehicle. The owner's or operator's liability for these damages must arise out of the ownership, maintenance, or use of the uninsured or underinsured motor vehicle. If you sue a person believed to be responsible for the accident, we aren't bound by any resulting judgment unless we receive reasonable notice of the dependency of the lawsuit resulting in the judgment and had a reasonable opportunity to protect our interest in the lawsuit. Any judgment for damages arising but of a lawsuit brought without our written consent is not binding on us. We will pay under this coverage damages caused by an auto accident with an underinsured motor vehi- cle only after the limits of liability under any applicable bodily injury liabilitygr bonds or policies have been exhausted by payment of judgments or settlements. ADDITIONAL DEFINITIONS USED ONLY IN THIS PART IV UNINSURED MOTOR VEHICLE An uninsured motor vehicle is a motor vehicle for which there is no liability insurance or self-insurance applicable at the time of the accident. An uninsured motor vehicle also includes a motor vehicle which has insurance available at the time of the auto accident, but the company writing the insurance is or becomes insolvent or denies coverage. An uninsured motor vehicle is a hit-and-run motor vehi- cle that strikes you while you are occupying your covered auto, if neither the driver nor the owner of the hit-and-run motor vehicle can be identified. If the acci- dent involved bodily injury or the insured vehicle had to be towed from the accident scene, the accident must be reported to the proper authorities within 24 hours or as soon as possible. We must be notified within 30 days. If you were occupying the vehicle at the time of the acci- dent, we have a right to inspect it. If there is no physical contact with the hit-and-run vehicle, the facts of the acci- dent must be proved by competent evidence other than the testimony of that person making claim under this cov- erage. An uninsured motor vehicle is not a vehicle that is owned or leased byou, a relative or an additional driver that appears on the Declarations Page. An uninsured motor vehicle does not include, under any circumstances, your covered auto. 20 1 21 ?J?VDERINSURE© MOTOR VEHICLE An unde?insured motor vehicle is a motor vehicle for which there is a 'bodihr injury policy or liability bond available at the time of the auto accident with less than the limits of liability shown on the Declarations page of this policy for underinsured motorists coverage. An underinsured motor. vehicle is a motor vehicle for which there is a bodily injury policy or liability bond available at the time of the auto accident but the limits of that policy or bond are reduced by payments to per- sons, other than persons insured, inured in the auto accident to less than the limit of liability for underin- sured motorists coverage. An urKbrineured motor vehicle does not include, under any clmumsbraW your covered auto. An underinsured motor vehicle is not an uninsured motor vehicle: PROTECTION FOR THEIRS Anyone occupying your covered auto, with your per- mission, has the same rights and obligations that you have under this coverage. THOSE NOT COVERED THIS COVERAGE DOES NOT APPLY TO: 1. A loss_ than ouaaus while: your covered auto is being operate by, a . rwHvJ@W* resident of yore house- hold, or by a regular usar of your covered auto, un- Pe as an additional driver on the Page. 2. A lack resulting. from a relative's operation or use of a motor vehicle, other than your covered auto which is owned or leased by a person who is a real- deft of your household. 3. Anyone ocoupyIng your covered auto when it is being driven by a person that is listed as an ex- cluded driver on the Declarations page. 4. Bodily injury to you which is caused by your spouse or a member of the• family who is a resi- dent of your household. 5. You, if you or your legal representative, settles a claim without our consent. 6. Anyone occu In or through being struck by any motor vehic other than your covered auto, which is owned or leased by you, fumished to or available for your regular use. This includes a trailer of any type used with that motor vehicle. 7. Anyone occupying a motor vehicle driven without the owner's permission, or outside the scope of that permission. 8. A lose while our covered auto is used to flee or elude law nt official(s): . 9. A loss caused intentionally by you or at your direc- bon. 10. A loss while your covered auto is used in the commission of any fW", including theft of your covered auto. 11. A loss while your covered aft, used in any illicit trade or ttansportatioru 12. A loss while your covered soft is driven in or pre- paring, for any preare? or -organized race, speed contest, or contest, 13. Anyone while occupy your covered auto when it is used duringl wootoe of ar :business or em- ployment, unlestlt , have pairfa specific premium for ushrsss use ocarerage: 14. A loss occurnng,dwv lets c mw of employment if benefits are oX must be ed undworker's comPerf Ow or SO** law. 15. Anyone occupyIrig your covetled, auto when 4 is used in an. alrt4,tkuus tion, including but not limited to the. set. servicing, test- ing, storing,. or,' dt rro* vehicles or trail- ere. =while 16. 'Anyone;aM op"'ng any motor vehicle 17. Anyrxie Qf 4?lylnq'y'our covered auto when it is usidi qae _ *XM, of yoerr employment to Uaff but not limited to nursery or r per, clients, migrant vMOfkerit or hiileiiriutraF guests. 1 t3.. Anyrxis your covered auto if it is used JIM srioyir reurlowal„ or kind of wholesale or retail deliver including but rat limited to p®, magazine, flowers; mail` or other business types of 19. Anyone occupying your covered auto if it is used to carry persons or pro d psay to sha for a charge. This exclusion xcar pools. 20. A lose caused by war (declared or undeclared), civil war, insurrection, rebellion, revolution, nuclear reaction, radiation, radioactive contamination, or any consequence of any of these. 21. Anyone occupying your covered auto during the period between the cancellation date and time and the reinstatement date and time. 22 1 23 THIS COVERAGE DOES NOT APPLY TO AN UNIN- SURED OR UNDERINSURED MOTOR VEHICLE: 1. Owned or leased by you, furnished to or available for your regular use, unless said motor vehicle is listed on the Declarations Page. 2. Owned or operated by a self-insurer within the meaning of any motor vehicle financial responsi- bility law, motor carrier law or similar law. 3. Owned by any governmental authority or agency. 4. Any vehicle that is not a motor vehicle or is not required to be registered as a motor vehicle. LIMITS OF PROTECTION The limit of uninsured motorist or underinsured motorists bodily injury liability shown on the Declarations P for for "each person' is the maximum IAre will for Inlully sunned. by one person in any one a arc including all and dansges to others resulting from this i? Subject to this limit of 'each person", the limit uninsured motorists or underinsured motorists bodily Injury rat liability shown on the Dedamdons Palle for "each at cideW is the maxsnum we will pay for boday in- jusu?rned by two or more persons in the same auto This it the most we will pay regardless of the number of autoe dead?bed on the Dec insured; miollor vehicles insured; claims, cWrnants polim cies, or motor vehicles involved in the auto accident In dets rninmg the amount under this Part IV, the amount aT damages. w? inured person is entitled. tQ recover stu!! oe reduced by all sums paid because of boil} Injury by or on behalf of any person or ization wftio may be legaly. Bible for your =d njury, inducting, but not limiter to, all sums paid under Part I - Liability, paid or payable under Part II - First Party Benefits, Part IV - Uninsured/Underinsured Motorists and paid or payable because of bodily injury under workers' compensation law or disability benefits law. However, this reduction shall not reduce the amount payable under this Part IV - Uninsured/ Underinsured Motorists Coverage below the minimum amount of uninsured motorist coverage required by Pennsylvania law. PAYMENT OF DAMAGES We may pay you, your legal, representative, the surviv- ing spouse or anyone authorized by law to receive pay- ment. When multiple policies apply, payment shall be made in the following order of priority: 1. A policy covering the motor vehicle the injured person is occupying at the time of the accident. 2. A policy covering a motor vehicle not involved in a the accident with respect to which the injured per- son is an insured. If two or more policies have equal priority, the insurer against which the claim is first made shall process and pay the claim as if wholly responsible. Thereafter, the insurer is entitled to recovers raver contribution from any other insurer for the ow- m paid and claims costs incurred. If we are the iris rar against which the claim is first made, we will not pay,&Rt & than our Limit of Protection. No one shall be entitled to dupkata payments for the same elements of damad". STACKED COVERAGE If you purchase Stacked uninsured, Motorist and/or Stacked Underinsured M01oftts Coverage and you are injured, we will pay rto+rtcrili t applicable sum of the Uninsured or; fn? Motorists coverage limits shown on the !gam P*Wl If the injured ppeerson Is anyone` Oft* than ; we will` pay no more than the applicable Uninsure4k or Underinsured Motor- ists Coverage limb hcvm cut they DeclAn0ons Page for the covered auto involved in the ?accldent, regard- less of the nugnbei persort>t wwa protec,, autos we insure, prem iums P04 ctautts "01806 of autos involved in the accfideM? l the ecverrct° autos are involved in the ac highest limit of Uninsured or Underinsured Motorists Coverage applicable to any one covered auto wig Apply: If Cu, Unstecked Uninsured Motorist and/or Un e(j UrxW t Urea., Motorists Coverage, we will ppaay no more thikn the uninsured . or Underinsured i Motorists Coverage limits shown on the Declarations Page for tide cai ell auto involved in the accident, I regardless of "number of persons we protect, autos we insured, premiums paid, claims made or autos in- volved In the accident. If none of the covered autos are involved in. the accident the highest limit of Unin- sured or Underinsured Motorists Coverage applicable to any one covered auto will apply. REDUCTIONS The amount of damages paid or payable under this Uninsured or Underinsured Motorist Coverage will be reduced by: 1. the amounts paid or payable by or for those liable for bodily injury to you or anyone we protect; 24 1 25 2. the amounts paid or payable to you or anyone we protect under Part 1 - Liability Coverage of this policy. TRUST AGREEMENT When we pay your damages under this coverage, you or your legal representative must agree in writing to repay us out of any damages recovered from anyone responsible for your injuries. You or your legal repre- sentative must also agree in writing to hold in trust and preserve for us all rights of recovery. At our request, you must take any necessary action to recover the payments we have made under this coverage. You must do so in your own name and through a repre- sentative we select. Any payments made under this coverage and recovered from the at fault party must be repaid to us. Expenses of recovery will be repaid to us out of any damages recovered. OTHERINSURANCE If you were in, on, getting into or out of a vehicle you do not own which is insured for this coverage under another policy, this coverage will be excess. This means that when you are legally entitled to recover damages in excess of the other policy limit, we will pay up to your policy limit, but only after the other insurance has been exhausted. If this policy and one or more other policies apply to a motor vehicle accident on a primary basis, we will bear our proportionate share, as it applies to the total limits available, up to the full limits of liability for this coverage under this policy. If the.a is other applicable insurance available under more than one policy, any recovery for damages for bodily injury sustained by a person insured may not exceed the highest of the applicable limit of any one vehicle under this insurance or any other insurance. We will not pay for any damages which would duplicate any payment made for damages under any other insur- ance. ARBITRATION Disagreement over the legal right to recover damages from the owner or operator of an uninsured motor vehi- cle or underinsured motor vehicle or the amount of damages may be settled by arbitration if both the insured person and we agree to settle it by arbitration. The deci- sion of the arbitrators will be binding on these two issues. However, the amount of damages can never exceed the Uninsured or Underinsured Motorists Coverage limits shown on the Declaration Page. All other disagreements shall be decided by a court of competent jurisdiction and not by arbitration. Disagree- ments to be determined by such court include, but are not limited to: 1. Stacking; 2. Residency; 3. Statutes of limitations; 4. Whether a claimant is a person we protect under this coverage; 5. The validity of coverage selections or waivers exe- cuted pursuant to the Pennsylvania Motor Vehicle Fi- nancial Responsibility Law. GENERAL PROVISIONS VALID DRIVER LICENSE Any coverage afforded under any section of this policy when the covered auto is being operated by a person who is not a qualified, licensed driver, or is without a valid driver license, or whose driver license is expired, revoked or sus- pended, or is in violation of any condition of their driving privileges, or is without privileges to drive for any reason may be subrogated against you, the auto's operator, and/ or the auto's titleholder. BUSINESS USE COVERAGE If you pay a specific premium for business use coverage, we will pay for direct and accidental loss that occurs while you are operating your covered auto and traveling between locations during the course and within the scope of your employment subject to the coverages shown on your Declarations Page and all the terms, provisions, conditions and exclusions described throughout this policy. NAMED DRIVER EXCLUSION If you have asked us to exclude any person from cover- age under this policy and at the time of an accident or loss, the excluded person is operating your covered auto, a non-owned auto or a temporary replacement auto, then no coverage will be provided for any claim under any part of this policy. THIS INCLUDES ANY CLAIM FOR DAMAGES MADE AGAINST YOU OR ANY OTHER PERSON OR ORGANIZATION THAT IS VICARIOUSLY LIABLE FOR AN ACCIDENT ARISING OUT OF THE OP- ERATION OF A COVERED AUTO, A NON-OWNED AUTO OR A TEMPORARY REPLACEMENT AUTO BY THE EXCLUDED DRIVER. OUR RIGHT TO RECOVER PAYMENT In the event of any payment under this policy, we have the right to recover from anyone who may be held responsible. You and anyone we protect must sign and deliver to us any legal papers we may require relating to that recovery, 26 1 27 do whatever else is necessary to help us exercise those rights and do nothing after a loss to prejudice our rights. Our right to recover does not apply if we make payment under physical damage coverage against anyone using your covered auto with reasonable belief that that person is entitled to do so. When you and anyone we protect have been paid damages by us under this policy and also recover from another, the amount recovered from the other shall be held by you in trust for us and reimbursed to us to the extent of our payment. In the event we become obligated to make a payment because of a loss for which there would be no cover- age under any terms, conditions or provisions of this policy, then you must reimburse the company for any payment or expense incurred by us. FINANCED VEHICLES If a lienholder or additional interest is shown on the Declarations Page, we may pay any comprehensive or collision loss to: 1. You and/or the additional interest and the repair facil- ity; or 2. You and/or the additional interest and such lienholder or additional interest, as their interest may appear, when we find it is not practical to repair your covered auto; or 3. The lienholder or the additional interest, as to their in- terest, if your covered auto has been repossessed A lienholder or additional interest's benefits under this policy are limited to and may not exceed those benefits and/or rights to which the Named Insured is entitled. LIENHOLDER DEDUCTIBLE The deductible amount that applies to losses adjusted and payable to the lienholder for their interest shall be no more than $250 per loss on comprehensive and collision coverage. This deductible will apply only when your covered auto is a total loss, and when loss or damage causes it to be repossessed by or surren- dered to the lienholder. All other losses shall be subject to the deductible amounts shown on the Declarations Page. POLICY PERIOD AND TERRITORY This policy applies only to auto accidents and losses that occur during the policy period shown on the Declarations Page. In the event we accept your late payment and rein- state your policy, we will not cover any loss or auto acci- dent which occurred during the period between the cancel- lation policy ead the xpiration and/or renewal d to will eremaini un- 28 changed by any reinstatement by us. Coverage ap _plies to your covered auto while it is within the United tate of America, its territories or possessions and Canada, or while your covered auto is being transported beteen their ports. TRANSFER OF THIS POLICY This poli?ccyy cannot be transferred to any person or organi- zation without our written consent. However, if you die, this Policy will provide protection until the end of the policy period (Provided premium due has been paid), for the legal the date of fives and those persons who were protected on death. NUMBER OF COVERED AUTOS ALLOWED Four is the maximum number of covered autos that may be listed on this policy. CHANGES IN YOUR POLICY This policy contains all the agreements between you and us. Only the Named Insured appearing on the Declara- tions Page may request changes to the policy. This policy can only be changed by an endorsement is- sued by us. If a change requires a premium adjustment, we will adjust the premium as of the effective date of the change. We will automatically give you the benefits of any extension or broadening of this policy effective the date the Pennsylvania Department of Insurance approves the change and if the change does not require additional pre- mium. The premium for each term of this policy is determined by information in our possession at the inception date of that term. Any change in this information which would affect the rating of your policy gives us the right to make an addi- tional charge or refund on a pro-rata basis. REGARD- LESS OF PREMIUM CHANGE, YOU HAVE A DUTY TO INFORM US OF ANY SUCH CHANGE (including but not limited to change in: vehicles, use of vehicles, Named Insured's and additional drivers' occupations which would affect the way in which the vehicle is used, marital status, fogaraging address, residents in household, children eligible drive, medications, impairments or physician's restric- tions that may impair or restrict an operator's ability to op- erate a motor vehicle, or moving out of the Commonwealth of Pennsylvania.) CANCELLATION DURING THE POLICY PERIOD The Named Insured appearing on the Declarations Page may cancel this policy by returning it to us or by advising us in writing the future date and time the Named Insured wishes the cancellation to be effective. The earned pre- mium will be computed on a pro-rata basis. This means that we will retain mium for only those days that you were - tecfied. However, a $25.00 cancellation charge applied to a policy canceling per insured request 29 We will not refuse to issue or cancel this policy solely because of your age, sex, race, color, creed, religion, national origin, ethnic group, ancestry, marital status, or residence within the Commonwealth of Pennsylvania. We may cancel this policy by mailing notice of cancellation to you at the address shown on the Declarations Page or by delivering the notice. The earned premium will be com- puted on a pro-rata basis. This means that we will retain premium for only those days that you were protected. The effective date of the cancellation stated in a notice is the end of the policy period. However, if we cancel your policy due to nonpayment of premium, and we choose to rein- state your policy after receipt of your overdue pa your ration and/or renewal date will r mai by the reinstatement. In the event we accept your I payment and reinstate your policy, we will not cover any loss or auto accident which occurred during the Period between the cancellation date and time and the reinstatement date and time. Proof of mailing a notice of cancellation shall be sufficient proof of notice. All fees are fully earned on any insured initiated cancel, including non- payment of premium. We have the ri ht to cancel this policy for any reason within the first fi -nine (59) days from its inception, with at least a fifteen 15) day notice of cancellation. If we do not cancel this policy within its first fifty-nine (59) days or upon renewal, then we can only cancel this policy for any of the following reasons: With at least a fifteen (15) day notice of cancellation for: Non-payment of premium. If the named insured's driver license or vehicle registration has been under suspended or revoked during the policy period. With at least a sixty (60) day notice of cancellation: If a determination has been made that the insured has concealed a material fact, or has made a material a contrary to fact, or has made a misrepresen n of a material fact and that such aterialconcealment, ?el acceptance orf eprethe risk sentat by the insurer. RENEWAL PROVISIONS We retain/reserve the right not to renew your policy with at least a sixty (60) day notice of non-renewal. If we decide not to renew your policy, we will mail a Notice of Cancella- tion or Refusal to Renew, to you at the address shown on the Declaratil" Page Proof of mailing such a notice shall be sufficient proof of notice to you. Once a Notice of Cancellation or Refusal to Renew has been mailed to you, you still have an obligation to make any outstanding premium installment Payments when due, for the remainder of the policy period. Failure to pay any such payments when due may result in an earlier cancella- tion of your policy for nonpayment of premium followi at least 15 days written notice by us. No late payments wi2be accepted and coverage will not be extended to the non- renewal date. BANKRUPTCY We are not relieved of any obiigatiat under this policy because of your bankruptcy or insolvency, FRAUD OR MISREPR W TA IOI We do not provide coverage for y?t1stttt if you have made fraudulent statements or erng;aged lrt fraudulent conduct in connection with any auto accident or k for which coverage is sought under this policy. We may void this policy within the first fifty-nine (59) days or cancel or refuse to renew thereafter for fraud or misrepresentation even after the occurrence of an acci- dent or loss. No person who engages in fraudulent conduct in connection with an accident or loss shall be entitled to receive any payment under this policy. PREMIUM PAYMENT If your "initial" premium payment is by check, draft, or anyy remittance other than cash, coverage under this policy is conditioned upon the check, draft, or remit- tance being honored upon presentment to the financial institution it is drawn upon. If the check, draft, or remit- tance is not honored upon presentment, this policy will be deemed void from its inception as if the policy never took effect. This means that we will not be liable under the policy for any claims or damages that would other- wise be covered if the check, draft, or remittance had been honored upon presentment to the financial institu- tion it was drawn upon. If your "installment" or "renewal" payment is by check, draft, or any remittance other than cash, coverage under this policy will continue provided the check, draft, or remittance is honored upon presentment to the finan- cial institution it is drawn upon. If the check, draft or remittance is not honored upon presentment, this policy will be cancelled at the hour and date shown on the Notice of Cancellation or Refusal to Renew that would have applied to the payment that was not honored. However, if no notice was previously mailed, a fifteen (15) day Notice of Cancellation or Refusal to Renew will be issued. LATE PAYMENT In order to continue your coverage, your installment or renewal payment must be received in our office prior to 30 1 31 I r- the due date shown on your Notice of Payment Due. If payment is not received by the due date, a Notice of Cancellation will be mailed to the address shown on the Declarations Page. Payment effective dates and times vary per the payment method: 1. Payments made through the Safe Auto Phone Pay system or money wiring services are effective the date and time that appears on the check that prints in our office. 2. Mailed payments are effective the day after the post- mark date on the payment envelope at 12:01 A.M. 3. Mailed payments with no legible postmark date are ef- fective the day we receive the payment at 12:01 AM. 4. Walk-in payments are effective the date and time the Safe Auto cashier receives the payment If the payment effective date and time is DnOr to the cancellation date and time shown on your Notice of Cancellation, the policy will not cancel. If your payment is effective after the cancellation date and time, your policy will cancel as of the date and time shown on your Notice of Cancellation that applies to that pay- ment. We will accept a payment effective after the cancella- tion date and time and reinstate your policy, as Iongg as the payment's effective date and time is no more than seven (7) days after the cancellation's effective date and time. In the event we accept your late payment and reinstate your policy, we will not cover any loss or auto accident which occurred during the period between the cancellation date and time and the reinstatement date and time. In the event that this policy is reinstated, it will reinstate under the same policy terms, limits, conditions, elections, and exclu- sions which were in effect prior to cancellation. Your pol- icy expiration and/or renewal date will remain unchanged by any reinstatement by us. We reserve the right not to accept late payments on policies that have cancelled. We cannot accept any payment that is effective more than seven (7) days after the cancellation date and time. FINANCIAL RESPONSIBILITY LAWS When we certify this policy as proof of financial respon- sibility, this policy will comply with the law to the extent required. You must reimburse us if we make a pay- ment that we would otherwise not have made, had this policy not been certified as proof of financial responsi- bility. SUIT AGAINST US We may not be sued unless there is full compliance 32 with all terms of this policy. We may not be sued under the liability coverage, until your obligation to pay is finally determineither by Judgment against the per- son after actual-trial or by written agreement of the per- son, the claimant, and us. No one shall have any night to make us a party to a lawsuit to determine your liabil- ity. Any lawsuil: against us seeking recovery of underinsured motorists bendts f?under Pmt N- Uninsured/Underinsured Motorists iri age ' must be filed no later than one (1) year after the limits of or policies under p applicable bodily pa injury liability bonds by payment of j or settlements. PUNITIVE OR EXEMPLARY DAMAGES IT IS AGREED THAT NQ COVERAGE IN THIS INSUR- ANCE POLICY (INCLUDING UNDER PART I - LIABILITY, SURE IDVUNDERIINNSURED MOTORIStS)ASHHALLL APPLY TO PUNITIVE OR EXEMPLARY DAMAGES. TWO OR MORE AUTO POLICIES If this policy and any other auto insurance policy issued to you by in applies to the same auto accident, the maximum limit of our liability under all the policies shall not eXCeed the highest applicable limit of liability under any ate policy, even though separate premiums have been paid.You cannot stack coverages or policies. &UIQMIIC TERMINATION If y obtain other irmurence on your covered auto, or if a person other than you or a relate becomes the owner of r C wW auto, any coverage provided by this pc y will to iate as to that auto on the effective date and tlme of legal transfer of that auto NAMED OPERATOR ENIDORSEMENT (WM4WW0 AUTOMB LES) As used in this part, the Named operator is defined as ONLY the Named Insured listed on the Declarations Page of this We agree that this insurance as is af- forded by this p policy for Bodily IN p?ry, Property Damage, Excess Medical Expense, and Uninsured/Underinsured Motorists coverages (provided these coverages are listed on the Dec'-IFOUMM Page and a premium shown for them) applies with respect to the use of any non-owned auto by the Named Operator, subject to the following pro- visions: Any provisions of this policy which extends cover age to other than the Named Operator are hereby eliminated. 2. We will insure any newly acquired auto on if the Named Operator notifies us within thirty (30) days 33 ? * % of the aoquisibon. 3. No coverage is afforded under this policy for any auto owned in full or in part of registered in the name of the Named Operator or any resident of the Named Operators household. This exclusion does not apply to any newly acquired auto by the Named Operator as defined in paragraph No. 2 above. 4. No coverage is afforded under this policy for any auto used during the course of any business or empployment, or when used in an Auto Business O , including but not limited to the selling, repairing, servicing, testing, storing, or parking of motor vehicles. 5. No coverage is afforded under this policy for any auto used as a public or livery conveyance or in the busi- ness of trucking or hauling for others. 6. The provisions of this policy in reference to other valid and collectible insurance are hereby eliminated and it is agreed that if there exists, at the time of any loos covered by this policy, any insurance issued to, taken out by or effected on behalf of anyone other than the Named Operator and under the terms of which the Named Operator is entitled to protection or coverage, then the coverage provided by this policy shall be ex- cess insurance over and above the amount of such other valid and collectible insurance. All other terms, limits, and provisions of this policy remain unchanged. In witness whereof, we have caused this policy to be executed and attested by our President and Secretary. Jon P. Diamond April D. Miller PRESIDENT SECRETARY 34 I` % C;A FEAUTO AS U R A N C E 4 Easton Oval Columbus, OH 43219 1-800-SAFEAUTO (1-800-723-3288) NAMED INSURED: DABIS CAMERO 511 ERFORD RD CAMP HILL PA 17011 * * * THIS IS YOUR ONLY NOTICE * * * DATE OF NOTICE 1/1612008 POLICY NO. PA00511941 A-00 L DUE DATE : 01133 L AMOUNT DUE' : $1660 Your installment payment is now due. In order to continue your insurance coverage, payment in the amount indicated above must be received in our office prior to the due date shown above. However, if paid by mail, the postmark date on your return envelope to our office must have a date prior to the due date shown above. If there is no legible postmark date on your payment envelope, the date we receive your payment at 12:01 A.M. will serve as your payment effective date and time. If the payment is not received by the above date, a nonpayment cancellation notice will be mailed to the address shown above. For your convenience, Safe Auto is now offering a CHECK BY PHONE SERVICE. For more information on this service call our Customer Service Department at the phone number listed above. Safe Auto reserves the right not to accept late payments. PLEASE KEEP THIS PORTION FOR YOUR RECORDS PLEASE RETURN THIS P0RTI0V WITH YOUR PAYMENT PLEASE WRITE YOUR POLICY NUMBER ON YOUR CHECK OR MONEY ORDER MADE PAYABLE TO SAFE AUTO. RETURNED CHECKS ARE ECT TO A $20.00 SERVICE FEE. PARTIAL PAYMENT IS UNACCEPTABLE AND WILL BE RETURNED TO YOU. NAMED INSURED: PLEASE NOTE & SIGN BELOW ANY CHANGES IN: Its DABIS CAMERO GARAGING ADDRESS, PHONE NUMBERS, 511 ERFORD RD RESIDENTS IN HOUSEHOLD, VEHICLE DUE DATE : 01/23/2008 CAMP HILL PA 17011 INFORMATION, MARITAL STATUS, CHILDREN - NOW ELIGIBLE TO DRIVE, OCCUPATION, ETC. MINIMUM POLICY NUMBER PAYMENT UE* : $166.00 D PA00511941 A-00 DATE OF NOTICE O 1/1612008 TERM .. X UNPAID $790.00 INSURED SIGNATURE IF CHANGES WERE MADE BALANCE* Form PA1030AM lmludes Monthly Bieina Fee. INFORMATION ABOUT YOUR INVOICE PAYMENT OPTIONS You have the option how often you will be billed by choosing one of the following: Paid-in-Full: Avoid billing service charges by paying your "Account Balance" in full when your new or renewal policy is issued. If you pay in full, you may also receive an additional policy discount. Monthly or BI-Monthly payments: You may choose to make your payments monthly or bi-monthly. A service charge will be included with each invoice mailed to you. The minimum payment due reflects the premium for the policy, any outstanding balance, plus any fees, to keep the policy in force for the billing period. You also have the option how to make your payments: Safe Auto Check by Phone: Payments are effective the date and time the checking account information is relayed to the Customer Service Representative or our Automated Attendant. Western Union: Payments are effective the date and time printed on the receipt. MoneyGram: Payments are effective the date and time printed on the receipt, plus one hour for time zone difference. Credit Card: Payments are effective the date and time the transaction is approved by the creditor. United States Postal Service Mailed Payments with a Legible Postmark: Payments are effective at 12:01 A.M. the day after the postmark date shown on the payment envelope. Payments Made by an Overnight Carrier with a Legible Received Date and Time: Payments are effective the day and time the overnight carrier receives the payment. United States Postal Service Mailed Payments with an Illegible Postmark, United States Postal Service Mailed Payments with No Postmark, Payments Made by an Overnight Carrier with an Illegible Received Date and Time, Payments Made by an Overnight Carrier with No Received Date and Time: Payments are effective at 12:01 A.M. the day we receive the payment envelope. Walk-in Payments and Payments Delivered Via a Same Day Carrier: Payments are effective the date and time we receive the payment. Internet-Based Check Payments: Payments are effective the date and time the payment information is received by Safe Auto Insurance Company and the "make check payment" button is clicked. Internet-Based Credit Card Payments: Payments are effective the date and time the transaction is approved by the creditor. The minimum amount due may be more and due earlier than expected if during the past 30 days: * You changed your address to a- iiffe-rent city. * You added a driver and/or vehicle. * Your policy has a lapse/late charge. Your minimum amount due may be less than expected if during the past 30 days: You deleted a driver and/or vehicT * Your policy has a credit due to an overpayment. * You changed your address to a different city. Thank you for insuring your automobiles with Safe Auto Insurance Company. If you have an questions ?1 lease call our Customer Service Department. We are available 24 hours a day at 1-800-SAFE-AUTO; -800-723-3288). PA00511941 A-00 $166.00 $790.00 02/09/2008 SAFE AUTO INSURANCE COMPANY PO BOX 145603 CINCINNATI OH 45250-5603 020908 0016600 0079000 PA00511941AO 9 9 •- 4 A I N S U R A N C E 4 Easton Oval Columbus, OH 43219 1-800-SAFEAUTO 11-800-723-32881 NOTICE OF CANCELLATION Date of Notice: 1/24/2008 i Wm-NOTICE OF CANCELLATION OF INSURANCE BECAUSE SAFE AUTO INSURANCE (COMPANY HAS DECIDED TO CANCEL YOUR POLICY, PENNSYLVANIA LAW REQUIRES THAT YOU BE GIVEN A COPY OF THIS NOTICE. READ IT CAREFULLY. iiiiia- DABIS CAMERO 511 ERFORD RD CAMP HILL PA 17011 s =Your automobile insurance policy, policy number PA00511941A-00, is being cancelled by Safe Auto Insurance Company. THIS CANCELLATION MEANS THAT THIS POLICY WILL NO LONGER BE IN FORCE ON 02/09/2008 AT 12:01 A.M. YOU HAVE, THEREFORE, AT LEAST 16 DAYS TO GET NEW COVERAGE IF YOU WANT TO DO SO OR PAY THE PREMIUM THAT IS DUE. IF WE RECEIVE YOUR PREMIUM PRIOR TO THE CANCELLATION DATE SHOWN, THIS POLICY WILL REMAIN IN FORCE. THE REASON FOR THIS CANCELLATION IS: NON-PAYMENT OF PREMIUM YOU HAVE THE RIGHT TO REQUEST THE PENNSYLVANIA INSURANCE COMMISSIONER TO REVIEW THIS ACTION BY SAFE AUTO INSURANCE COMPANY. TO DO THIS, SIGN AND SEND A COPY OF THIS FORM WITHIN THIRTY DAYS TO THE PENNSYLVANIA INSURANCE COMMISSIONER AT ONE OF THESE OFFICES: Pa. Insurance Commissioner - Reviews Room 1701, State Office Building 1400 Spring Garden Street Philadelphia PA 19130 Phone: (215) 560-2630 Fax: (215) 560-2648 Pa. Insurance Commissioner - Reviews Room 304, State Office Bldg 300 Liberty Avenue Pittsburgh, PA 15222 Phone: (412) 565-5020 Fax: (412) 565-7648 Pa. Insurance Commissioner - Reviews Room 1209 Strawberry Square Harristown State Office Bldg # 1 Harrisburg, PA 17120 Phone: (717) 787-2317 Fax: (717) 787-8585 I request the Pennsylvania Insurance Commissioner review the cancellation of this insurance policy. (Signature of Named Insured) IF YOU HAVE TROUBLE GETTING NEW INSURANCE, ANY INSURANCE AGENT OR BROKER MAY GET THIS COVERAGE FOR YOU THROUGH THE PENNSYLVANIA AUTOMOBILE INSURANCE PLAN IF YOU ARE ELIGIBLE FOR IT. You must obtain compulsory automobile insurance coverage if you operate or register a motor vehicle in the Commonwealth. We are notifyin€ the Pennsylvania Department of Transportation that this insurance is being cancelled, and you must notify the Department of Transportation (Bureau of Motor Vehicles, Harrisburg, PA 17106) that you have replaced the insurance coverage. If your coverage is being terminated due to nonreponse to a citation imposed under 75 Pa. C.S. sec. 1533 (relating to suspension of operating privilege for failure to respond to a citation) or nonpayment of a fine or penalty imposed under that section, coverage shall not terminate if you provide the insurer with proof that you responded to all citations and paid all fines and penalties and that you have done so on or before the termination date of the policy. 11111111111111111 PA i nSd/n 1 fY, VERIFICATION 7 , of Safe Auto I, Tammy Foster, verify that ! am a Insurance Company, and I am authorized to execute this verification on behalf the Plaintiff, Safe Auto Insurance Company, and the statements made in the foregoing Complaint in Declaratory Judgment are true and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint in Declaratory Judgment is permitted by Pennsylvania Rules of Civil Procedure, i have relied upon counsel in verifying the same. /d /' "?q (Date) #17414 0 FILED-OFFirCE OF THE F;!rs?nT?1f?Y 2009 OCT 29 PM 2: 00 CU"r?.;?- IUN?Y PL 1?4 i ,Lvr`, $'78.50 P0 ATtx/ aoui9 R a3a-74(o SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy ~,~~~;~~v ~,f. ~~ui~i,rti,tu d f ILt~i 1-:~,'-~..~,~,.. ~~ :"'.~ !! it ' '~ ~i':~. Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Safe Auto Insurance Company vs. Dabis Camero ZfJi?9 D~~ - I Pi ~ 2~ '.3 ; ~'.. Case Number 2009-7483 SHERIFF'S RETURN OF SERVICE 10/30/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Kristen Sutter, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint In Declaratory Judgment according to law. 10/31/2009 04:11 PM -Dauphin County Return: And now November 5, 2009 at 1611 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint, upon the within named defendant, to wit: Kristen Stutter by making known unto herself personally, at The Dauphin County Sheriffs Office Front and Market Streets Harrisburg, PA 17101 its contents and at the same time handing to her personally the said true and correct copy of the same. 11/02/2009 08:31 PM -Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on November 2, 2009 at 2031 hours, he served a true copy of the within Complaint in Declaratory Judgment, upon the within named defendant, to wit: Susan Bruns, by making known unto herself personally, at 1529 Inverness Drive Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. 11/04/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Kevin Smith, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Declaratory Judgment as not found as to the defendant Kevin Smith. Defendant is believed to be residing at 290 Beacon Drive Harrisburg, Pennsylvania. 11/30/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Dabis Camero a/k/a Dabis Camero Alzate, individually and as parent and natural guardian of minors Dabis Camero II and Dana Camero but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Declaratory Judgment as not found as to the defendant Dabis Camero. After several attempts the Complaint has expired. 11/30/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Dabis Camero a/k/a Dabis Camero Alzate, individually but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Declaratory Judgment as not found as to the defendant Dabis Camero. After several attempts the Complaint has expired. SHERIFF COST: $174.94 November 30, 2009 SO A W S, .~~ Mary Jane Snyder Real Estate Depu y :~. William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717)780-6590 fax (717)255-2889 Jack Lotwick Sheriff Charles E. Sheaffer Chie Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania SAFE AUTO INSURANCE COMPANY VS County of Dauphin KRISTEN STUTTER Sheriff s Return No. 2009-T-2821 OTHER COUNTY NO. 200987483 And now: NOVEMBER 5, 2009 at 4:11:00 PM served the within COMPLAINT upon KRISTEN STUTTER by personally handing to KRISTEN STUTTER 1 true attested copy of the original COMPLAINT and making known to him/her the contents thereof at DAUPHIN COUNTY SHERIFFS OFFICE FRONT AND MARKET STREETS HARRISBURG PA 17101 Sworn and subscribed to befare me this 6TH day of I~IOVember, 2009 rl ' , NOTARIAL S~ EAL MARY JANE SNYDER, Notary Public Highst:ire, Dauphin County M Commission Expires Set 1, 2010 So Answers, n ~~~~~ Sheriff of Dauphin County, Pa. '' ~ BY Deputy Sheriff Deputy: KIMBE BARTO Sheriffs Costs: $47.25 11/3/2009 0 F3LEG~-~~:=riCE "" CIE F ++^T'~r~=~^T,~n~Y 2Qf0 J~i~ -$ f'~ I ~ ZEE ;;J ~~~f~ ~.,~ ~5~~'LVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT~';~ SAFE AUTO INSURANCE COMPANY, CIVIL DIVISION Plaintiff, No.: 2009-7483 v. PRAECIPE TO REINSTATE COMPLAINT IN DECLARATORY JUDGMENT DABIS CAMERO a/k/a DABIS CAMERO ALZATE, individually and as parent and natural guardian of DABIS CAMERO, II, and DANA CAMERO, minors, SUSAN BRUNS, KEVIN SMITH and KRISTEN STUTTER, Defendants. Filed on Behalf of Plaintiff, Safe Auto Insurance Company Counsel of Record for This Party: Jeffrey C. Catanzarite, Esquire PA I . D. #: 72765 #17414 Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. Firm No. 911 Gulf Tower, Suite 2400 707 Grant Street Pittsburgh, PA 15219 (412) 261-3232 ~lo.oo PD AT1'{ ~`~ 0207110 27#oZ3(o O O'7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAFE AUTO INSURANCE COMPANY, CIVIL DIVISION Plaintiff, No.: 2009-7483 v. DABIS CAMERO a/k/a DABIS CAMERO ALZATE, individually and as parent and natural guardian of DABIS CAMERO, II, and DANA CAMERO, minors, SUSAN BRUNS, KEVIN SMITH and KRISTEN STUTTER, Defendants. PRAECIPE TO REINSTATE COMPLAINT IN DECLARATORY JUDGMENT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Declaratory Judgment in the above-referenced matter. Respectfully submitted, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. By: Je~~e~i C~!Catanzarite, Esquire C nsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA SAFE AUTO INSURANCE COMPANY, Plaintiff, Vs Dabis Camero :~ ,,.. _. r- ~'~~! - :_;~ - - ~:~ . ; ,,~ ~ Vii, .a~' ~; ,: ~' C~ ~.'. _ ,} C~ v C`1 CIVIL DIVISION No: 09-7483 Civil Term DABIS CAMERO'S ANSWERS TO COMPLAINT IN DECLARATORY JUDGMENT Filed by defendant: Dabis Camero 511 Erford Road Camp Hill, PA 17011 (717) 610-1134 ~3 SAFE AUTO INSURANCE COMPANY, CIVIL DIVISION Plaintiff, Vs No: 09-7483 Civil Term DABIS CAMERO'S ANSWERS TO COMPLAINT Dabis Camero IN DECLARATORY JUDGMENT DABIS CAMERO'S ANSWERS TO COMPLAINT IN DECLARATORY JUDGMENT 1. Acknowledged. 2. Acknowledged. 3. Acknowledged. 4. Denied. Defendant Dabis Camero does not know if this information is true or not. The answers presented here are solely from Defendant Dabis Camero, the other defendants must look for their own legal advice. 5. Denied. Defendant Dabis Camero does not know if this information is true or not. The answers presented here are solely from Defendant Dabis Camero, the other defendants must look for their own legal advice. 6. Denied. Defendant Dabis Camero does not know if this information is true or not. The answers presented here are solely from Defendant Dabis Camero, the other defendants must look for their own legal advice. 7. Acknowledged. 8. Denied. Exhibit B does not show a date where Safe Auto Insurance published and/or distributed this document. PA Insurance Department and Insurance Companies change/revise policies every year. 9. Denied. Defendant Dabis Camero never received this letter in the mail. 10. Denied. Defendant Dabis Camero never received this letter in the mail. 11. Denied. Defendant Dabis Camero called SafeAuto on 2-9-2008 after incident and Customer Service Representative said the POLICY WAS IN FORCE and SafeAuto proceeded to take care of the incident. 12. Acknowledged. 13. Denied. Defendant Dabis Camero does not have knowledge of these demands. 14. Denied per Defendant's answer in numeral 11. SafeAuto Insurance is well known in the industry for their "rip-off" procedures as shown in "Exhibit A." 15. Denied per Defendant's answer in numeral 14. ~3 On information and belief, some or all of the Plaintiffs lack standing to bring some of the claims. WHEREFORE defendant Dabis Camero prays that the Complaint be dismissed. Respectfully Submitted: Dabis Camero 511 Erford Road Camp Hill, PA 17011 (717) 610-1134 '~ %/3 1/26/2010 Ripoff Report: SAFE AUTO INSURANCE 5... ~~,;~,~ ~ ~~~ ~~ __~__ .Search Read "Thank You" e-mails from consumers because Riooff Report protects consumer's rioht to sneak out. ='1c-ase cantact. ~a ri: suDOOrtCa~ri or1 ffrepo om if you Izave any technical diffir..ulties. Report: #488342 Report: SAFE AUTO INSURANCE Reported By: ladyk (scott city Missouri) :~ ` sHarte USA .~aAFE Al.JTQ INSURANCE SAFEAUTO LIES AND N(~W T~-9E.Y CCaT ME EVEN MORE MC}NEY TO HIRE A LAWYER In~ri~~~ '~tJ~-3ATE EX-emptoyee res~sortds... Minium roverage.. =even vv-cr,~ se~l-viec~ AFE AUTO INSURANCE ~! p q #~ WWV'J.SAFEAUTO.COM ~SOCf ~t [E~rff~~~. Internet ~ ~ ~ United States of America Author Consumer Employee Phone: 1800723328 Web Address: Respond to this report! Category: Car Insurance ~ File~a Rebuceai It~ Submitted• Tuesday, September 01, Victim of this person/company? 2009 File a Report , ~? Last oostinn~ Tliacrlav nA~A mhc. na vnno ---- BEWAREIii~liliiliililllllli BEWARE~llllllilllllllliill I HAD SAFEAUTO INSURANCE. SOMEONE STOLE MY CAR AND IS IN JAIL AT THIS TIME FOR Tf. HE ALSO WAS CHARGED FOR HOLDING ME IN THE CAR. WHEN I DID GET HIM TO LET ME OUT HE TOOK OF AND CRASHED IT. SAFE AUTO SAYS I SET THIS UP TO GET MY ~ REPLACED. SURE SOMEONE WENT TO JAIL SO I COULD DO THIS CLAIM. THEY WONT DO A RENTAL BECAUSE IT WAS STOLEN ALL I KNOW IS IM MAKING PAYMENTS ON A CAR THEY HAVE AND EVEN GOT MY TITLE BECARE THEY WERE GOING TO SETTLE. THEN THEY SAID, OH NO WERE ARE DOING MORE INVESTIGATIONS. SO NOW I HAVE NO CAR OR TITLE. I HAVE KNOW CHOICE BUT TO SPEND MORE MONEY ON A LAWYER. PLEASE READ ALL THE COMPLAINTS ON SAFEAUTO. CHEAP IS ONLY CHEAP UNLESS YOU NEED THEM TO BE YOUR INSURANCE CO. THEN YOU ARE TREATED LIKE YOU ARE rucro cn~cnev ripoffreport.com/.../safe-auto-insurance-... __ Loan modification offers risk for those facing foreclosure. Don't pay up front! ~.~ Questionable pyramid scheme takes advantage of consumers. Companies steal from your °-)(' bank account. Find out how. y, ~:~' ~3 Data recovery scams over charge and steal private data from broken hard drives. ~X~~~~~~ .~ - ~~ .~2 1/26/2010 Ripoff Report: SAFE AUTO INSURANCE 5... I I ILltt LIVLI.11 . . RANT AL :.;SAVE ~5t3t1 Click Here to read other Ripoff Reoortt on AF A rr0 IN AN F Search for additional reports If you would like to see more Rip-off Reports on this company/individual, search here: _ _,_ SAFE AUTO INSURANCE ___ Searchh~ ~ - AR' rI TIPS • Respond to this Victim of this Repair Your ' report) person~comDanyT Re utation ~...-, File a Rebuttal ;"i 1 .Fdle d Re~~?li ~ G!E',t Sta rbed ~ d ~.'~+ REBUTTALS & REPLIES: s.c .•(& g ~ ,~ x ~.a . o.' S y: r .~. ........Author Consumer Employee.._ 4 irYlurtj C.'C}4~k'Yc'3~f_'., = E'Vf'f7 WCtr5E Respond to this report! Ex- ~~;~;~;~ Fi(e a Retruttal Employee f acl.~d_aver2iiC9 - rolur~'ibus {United States of --" Aloe; ica } sLirruTTrr.'; Having been a prior errployee, I can tell you ,they cut corners at owners "`ly' expenses, Sure there are many ins !ran - - -o ani s out there...some recrm~er o^, zor.J~ higher, but isnt a few dollars more a month...worth piece of mind? They quote you one price and soon raise it, they dont tell you that they only I't~s r~r, cover "original factory parts " example say you bought a brand new ' ``'`'~"'~ conversion van.. with stri es, rennin boards, nice windows etc... iiece.m~nr P 9 your .c::, ~nC driving home, someone with No insurance sideswipes you... you report the claim, the appraiser comes out... your van goes to shop, You go to pick your vehicle up, there are no stripes, no running board, no window, you call and complain and are told.."SORRY" Those arent factory installed iterrts... If you want them replaced, they are at your cost!!!! Please be sure to read your policy and ask questions... Sure other companies might be a little more per month or year.... Ia-~` Looking for premium tic kets7 Coar.ert Tickets 15 ~o is kets I ~itleatre ~I is kel, just visit w:w~: T~VC ket#"eerier,corn _'"ar~ C3eanse t F~ t SSi ij'I!i i, Home ~ File a Report I Consumer Resources ~ Search ~ Link to Ripoff Report j Privacy Policy Terms of Service ~ FAQ I About Us ~ Contact Us ~ Whv Ripoff Report will not release author information) ripoffreport.com/.../safe-auto-insurance-..: .. .~ 1 1.~ [ ~fl;s ~ ._a, C't~~~AEt~, wt -. ~~~~, ~ Y~ ~;~ ,': j :a '.. tr, .,~1 a~ ~_ r ~ •.I .. S~3 1/26/2010 Ripoff Report: Safe Auto Insurance Com p... F,~y ~'~ ~~ l `~ ~ ~, ;' I i I ,~rri f .. , ,_„ . . _- ~- ~'F .- __. ._, ~~. ti$ Search~~. Read "Thank You" e-mails from consumers because Ri off Re ort rotects consumer's ri ht to sneak out. le<IS e ~-o~}tact us at suoportCalriooffrepo om if you have any technical difficulties, Report: #536132 Report: Safe Auto Insurance Company Reported By: f**ked_over2009 (columbus Ohio) ~ s"arxe United States of America ~_~~~ Aut~z Insurance Company Ripping Off consumers v~rith parr customer service and management CC`~t.i'IBl.1S, C3~tio Safe Auto Insurance Company 4 EASTON OVAL COLUMBUS, OHIO 43219 COLUMBUS Ohio 43219 United States of America Phone: Web Address: Category: Car Insurance Submitted: Tuesday, December 08, 2009 Posted: Tuesday, December 08, 2009 P.[~Q~ i ~~.`~1t1ftd: t. G t7 Author Consumer Employee Respond to this report! ~,_ Ei!e a Rebuttal Ycttm of this person/company? r F~IIe_a Report. Before you get ...State minimum coverage's for Iess...Know all the facts... lets say your vehicle when purchased had add on accesolies..I.e windows, running boards, striping etc... did you know that if they are damaged in a loss and your a insured.. these are NOT covered?? so Imagine someone hits your vehicle that has no _. insu_ ransg, and you get your vehicle repaired..imagine the shock when you got to pick your vehicle up but its missing stripes, windows, running boards... you complain, but are told oh "we dont cover those iterr>s" The reps dont tell you this... the appraiser that comes to inspect might not tell you... so beware... if your a inG ,r d check your policy closely!! You might want to check with other companies about coverage,. sure it might cost you a little more.., but who wants to drive a vehicle with parts missing?? ?? Click Here to read other Ripoff R Do son of A o Insuran Search for additional reports If you would like to see more Rip-off Reports on this company/individual, search here: Safe Auto Insurance ""(~~{ ripoffreport.com/.../safe-auto-insurance-... r- ,„ - . ~`` .~:, - ~.. • Real Estate for Pennies on the flailar • Properties foras iow as $fl~ • lk~ake money in these tough tirraes GET,MORE;1NF~x~ rd~<~vetltl eld 'safe .n l:u:, x- i i:~~a i r^`; Data recovery scams over charge and steal private data from broken hard drives. Loan modification offers risk for those facing foreclosure. Don't pay up front! t]f ~;~, Questionable pyramid scheme takes advantage of consumers. Companies steal from your r~~F> bank account. Find out how. .wx., ~ -.~...__ 6 /3 1/26/2010 Ripoff Report: Safe Auto Safe Auto is a Ri... u~ ~,>;. ~ ,~. ~~ ~~~ r t' X11 ,~41q~ r^.~ _ ,' .. ~ _. .~.... :,...± - f ,~l ,.,. ~, +~ Search...!, :.r- ;~ _ _ Read "Thank You" e-mails from consumers because Ripoff Report protects consumer's rioht to sneak out. >iea:? ~:,€•~acr,.as at~o o Calri oD ffrepo omifyou have any technicaldifficulties. Report: #346746 Report: Safe Auto Reported By: (Douglasville Georgia) ~: ~, ~ f ~ sReRE _~ ,ff~ Auto safe Auto is a Rip-Off Atlanta Georgia ... i iris coi7~~~an~~ is unethical anti unprofessional Safe Auto www.safeauto.com Nationwide u.s.a. Phone: 800-723-3288 x 6278 Web Address: Category: Car Insurance Submitted: Wednesday, July 02, 2008 Last posting: Thursday, September 17, 2009 t~~p~~t butt: r :_: Author Consumer Employee Respond to this report! Fife a Rebuttal Victim of this perso~n;/FCOmpany? r~ File a Repprt V~ On Wednesday, June 25, 2008 I was rear-ended by a lady who is covered with Safe Au Insurancg. She hit me so hard, she caused me to hit the individual in front on me. We were sitting at a red light when this occurred. I contacted Safe Auto to report the accident on Wednesday evening after I arrived home and was given a claim number. I was told I would be contacted within 24 to 48 hours by their representative. I was finally contacted by Rachel Adair on Friday afternoon. She informed me that a claims adjuster would contact me by Monday or Tuesday at the latest. It is now Wednesday, July 2, 2008 and I still have not been contacted by the claims adjuster. As a result, I have already contacted John Oxendine's consumer hotline in Georgia. He is Georgia's Insurance Commissioner. They took my info and a representative from his office will be contacting me. The damage to my van was both on the front-end and rear. I am unable to unlatch the hood because it is jammed from the impact to the car in front of me. The rear of my van is demolished. I am concerned because I have a warranty with Nissan and it clearly states that if you fail to have the scheduled maintenance done on your ~ and something major happens then the warranty is invalid. I am now at least 1,200 miles over on when my maintenance was due. I have contacted the dealership who does my maintenance as well as called Nissan to let them know and they gave me a file number and it is now documented. I am also writing a letter to Nissan as well as getting a statement from the dealership. Little communication or no communication in this type of circumstance is unprofessional and speaks volumes about the company. Apparently, they have plenty of money to advertise but not enough to take care of their claims. I would like to know when I can expect the claims adjuster to contact me. I don't believe that is an unreasonable request. I will definitely be filing a complaint with the BBB, the Insurance Commission, and any other regulatory group. I am also writing the President of the Company and the Board of Directors. Unfortunately, in America we now have Customer No Service. Buyer beware, do not purchase an auto policy with Safe Auto. You will regret it. If you don't believe me, just type in their name and see what kinds of complaints have been written. Fortunately for me, I am covered with a reputable company that provides excellent service. Scrap Happy Douglasville, Georgia U.S.A. ripoffreport.com/.../safe-auto-safe-auto-i... .~ i.~_~ t ~`d' ~ ~~.. .lnrcriedt',~~ (:nl~] Yuyce '1 g ' ~ ~ ~Y ;~_ r ;eta . ~ ~~~; , i e x?~ 's ,~.~s, ~~ . ~ ~' . =' ~ rdr'i4auori .._.e._ . 1 _, ~~~~~E~.~.. g t =u~artl~ed €~'`safe Data recovery scams over charge and steal private data from broken hard drives. ~ s - - Loan modification offers risk _ for those facing foreclosure. Don't pay up front! ~.°p~ ~a ;.iec Questionable pyramid scheme takes advantage of consumers. Companies steal from your } ~}> bank account. Find ou[ how. ~~ 1/26/2010 Clerk Here to read oth r Ripoff R o9rts on Search for additional reports Ripoff Report: Safe Auto Safe Auto is a Ri... If you would Ilke to see more Rip-off Reports on this company/individual, search ~ ~ here: Safe Auto Search .t ~ -;EARCH T1P;, Respond to this I Victim of this Repair Your reports person/companyT Reputation i,. File a_Rebuttal I :File a Re ort ~ ~ Get Started,( ('_~ ~ ~~ REBUTTALS & REPLIES: ma ~ cn,ly Q Author Consumer Employee ~' ~ `7o where is yotlr insurance? Consumer h9~ke - Radford ;iJ.S.A.) Respond to this report! __.. ... . Suggestion Fire a RQbuLt81 `~Jrsn~I,i__I__r..~= You need to call your insurance agent. They will take care of you by 'e:-inesday. ,,ly ,,; putting pressure on the other company so they don't have to pay for the z:;e:; damage themselves. When you have full insu2nce there's no need to be calling the other guy's insurance company at all. ;'us rr ~; "'°"'~` `'""Y It is in our best interest to noti ;,;., ~», Y fy your insurance about all accidents zoe.-. where other cars and insurers are involved, even if it's not your fault. Insurance cor~anies share information with each other. Not telling your company is not going to keep your rate from going up if it is an at-fault accident. .- .r,afe atJtc scJx COr1SUmler V 311 - I~~(i tt L'dcrl:h i;J,G A) Respond tO this report! Comment File a Rebut[al ' ~) r;r~r~ltT.,.rt~l7: Safe auto is cutting off our rental car, and telling us that they will not mail r~1oi ""_' a check for a wreck vehicle until at feast another week. so, we will not be ..;, ,,,sr. osr, zccr, able to get another car for at least a week min if not more. They also said if we try to talk to a manager about keeping our rental car they will cut if r't;i`•7rrl:a: off sooner and we should be happy we get it for 3 days. They are also, `~Qrd"~~' y payin 8k for the vehicle and the vehicle is worth at least llk as we a::e:,~tas, onl g ~Or9 found and know other adjusters whom we gotten estimates from. If we try to talk to a manager we get cut off. They are the worst insurance company in the us. I aught make them a trophy! They work really hard to make peoples life horrible! ~~IS con~pat~y is unethica! and ~ i Re,,spond to this report! ~i`i>~'SS(rJ .lal File a Rebuttal '~.s r ~.,~r~hP ]tt t<:bnn 'U.S.A.; .. _ ~._. `>=/~ ~,i.~._rer;. If you have to deal with these clowns in case of an accident, good luck - r-~~~su~,y, <;e:r,ter~,~<~r I believe they are the worst of the worst. their philosophy is: why -, zr„~, get the car fixed if it still runs, take a spraycan and some bondo.... ros Teo: their appraisers try to pay you something assuming that in these days 7h""~~`i`"y' eve bpd seF;rrr,-;re, ry Y needs money. they don't even ask you if you are planning to .;~, n;t?r~ take the car to a repai r shop. you will get a check for about half the amount of the cost to repair your car professionally immediately or the next day in the mail. I believe that this is unethical and it reminds me of an oriental bazar. it does not have anything to do with a professional appraisal and does not comply with any professional standards if an ;3 pr~.iser talks about using bondo, bending parts back and buffing deep scratches out. ri poffreport.co m/.../safe-auto-safe-auto-i... ~~ r c l~latu~r~ ~ ; ~ ~ . ¢' t ~ t ^f'r ~ : r,k , ~I~:at'~SE~ ~ ~ 4~w~~ wr ~ ; i r" ` ~ r ~ ~ ~ t~7~r ~ ~~ •r. :~.,. it - 3 . ~ i a -r-' Ripoff Report Leoa1 Directory °r: ~~~~ ~3 Advertisers below have met our s trio s tandards far bus iness conduct. Verified safe business by Ripoff Keport 1/26/2010 Ripoff Report: Safe Auto Safe Auto is a Ri... After my accident in which the front wheel was hit by the other car my van is pulling to one side. SafeAuto never authorized a wheel alignment without ever explaining why. I have tried to call them numerous times and the only person that you get to talk to is the operator. The car repair shop just gave up - they told me that they never had a case like that. Respond to this Victim of this ~~~~~1 ~ Ei~r~~~. report! Gerson/com any? 1~ 3f" - ' "'------- Repair Your (. Flle a Report '~ ,_ Rle a Rebuttal Reputation_ ~Gef Startetl ! (^'{ :. ~ ~ Search for additional reports If you would like to see more Rip-off Reports on this company/individual, search here: Safe Auto ...... ';., Search., '.=:n+~cH nr•:?. ~< ''. "'~ Looking for premium tickets? Cnncart. Tir. ke is I Sports ~i~ir.keL<' I Theatre "I'!ekets JUSt VIS It W:Wl. r-K: kBir'('Bt1E`f.COR: { ~~ ! Home j File a Report ; Consumer Resources I Search I Link to Ripoff Report i '; Privacy Policy Terms of service j FAQ ! About U5 ~ Contact Us ( Whv Ripoff Report will not releas author information! i Thank You Emails! Coroo ra to Advo Ca cv Prooram• How o pair your b in c r r ~ Fd Maoe dson -Ripoff Report Found r j E Past Home Paoe Featured Reports ( Want to sue Ripoff Reoort~ ~ Donate to our Leaal Defense Copyright ©1998-2009, Ripoff Report. All rights reserved. ripoffreport.com/.../safe-auto-safe-auto-i... ~j~ 1/26/2010 Ripoff Report: Safe Auto Safe Auto compl... r~ ~''} - ,~. ~,.4. , r ~_ ~~~ Ili Read "Thank You" a-mails from consumers because Riooff Report protects consumer's right to sneak out. i'?:~,~ .' rorca+.k us at: suooortCalriDOffreoort.com if ytru have any technical diffir..ulties. Report: #391264 Report: Safe Auto r _ -- --z Reported By: (whitehouse Ohio) "' ' sHnrze uf~ A~,tf~ Safe Auto completly unprofessional Cl~forr~bus C~~i~c~ Safe Auto safeauto.com Internet U.S.A. Phone: 800-safeauto Web Address: Category: Insurance Companies Submitted: Friday, November 14, 2008 Posted: Friday, November 14, 2008 1 0 0 Author Consumer Employee ~s.,pond to this report! I tike a Rebuttal ~~r.~ - ~~ Victim of this person/company? File a Re ort i Well i was in need of a sr22 bond insurance due to some tickets i had obtained. So i decided to go with Safe Auto cause of all the comercials i've seen on the T,V. on how they help people so much. So i got the insurance and every month that i pay the bill i have asked them to send me proof of insurance and they always got snotty with me stating that they sent them out. I wait till my next bill comes in to see if my cards have come in. Once again nothing. I had work priviledges to drive back and forth to work. Well i was out repoing vehicles with my brother for his company, and i was driving. I got pulled over and got a ticket for driving with no license and got my r~ impounded. I went to get my car out of the impound and they needed proof in insurance. Well what the hell i don't have it. So i call safe auto again and ask them to fax it over to the impound. Waited a couple of hours and still nothing. So i took in a bill to show that i make payments on insurance and they let rT1e get Illy car out. So rrty lawyer goes to court for me and gets all rrly charges dropped all i have to do is pay 50 dollars and court cost, He also told me that when i go to pay rrry bill that i need to bring proof of insurance again. Well here we go again. So i call Safe Auto to ask them to email rile proof so i can go pay my fines today. What do i get told? My policy will be cancelled in December?! They told me that i never sent them proof that i got rrry license back. They never notified me that they needed that. I ask them for the regional number to talk to a superv!sor or what not. Wanna know what she told rne? She said that i have to keep callin 1-800-safeauto and hope that i get connected to the colombus area office. These people are so unprofessional ,and they don't care about their customers. I think somthing should be done about this. Since i've got off the phone with safeauto i have called The general (1800general) and guess what? They are much more polite and they are saving me 20 dollars a month. F3rian whitehouse, Ohio ~GeE !1p T flack Tn JHN2010-Ifyot less than $45,OU you may qualib~ Financial Aid+roh provides up to $5,350~year for y po backto schor other prograrris_. c ~ help pay foryow degree. Select Your Stal Alabama ripnffreport.com/.../safe-auto-safe-auto-... /~/~ sea ri;.h. s al ~~~~~ "' • Rea! Estate for Pennies on the Dotiar Propc+~ies for as low as $1r~ Nfake money in these to~g#r times GET#f~ORE#i~dFa ~~~~~ Data recovery scams over charge and steal private data from broken hard drives. ~.3' 1.: (':~ Loan modification offers risk for those facing foreclosure. Don't pay up front! f~, r ~ Questionable pyramid scheme takes advantage of consumers. 'iii i~'~(~_ Companies steal from your P 71' bank account. Find out how, 1/26/2010 Ripoff Report: Safe Auto Insurance Safe A... r ~~ Read "Thank You" e-mails from consumers because Ri off Re ort rotects consumer's ri ht to sneak out. Piaase ~:,r~!<~e us at ~uooortCo~riooffreoo om if yuu have any technical difficulties. Report: #286774 Report: Safe Auto Insurance __-- _. Reported By: (Carrollton Texas) ,, ~' sNaRe ~~r~3 1~tr~ Insurance Safe Auto takes money from nol~~e:~i~~er-It c~stamers they are not professionals ~~~llr~r~°Ils~s trio Safe Auto Insurance 3883 E. Broakd St. Columbus Ohio 43213 U.S.A. Phone: Web Address: Category: Car In ~ranra Submitted: Monday, November 26, 2007 ii~r~~`~ ~ N~r~iii[~~: ~I 1. D 0 Author Consumer Employee Respond to this report! File_a Re6 uttal _, ~~' Vicft~ 'm of this,_person/company? File a Agport '"'~5 Posted: Monday, November 26, 2007 of .Auto in__~„rangy sold me some insurance that I did not need. I called to cancel my policy which was not what I needed within 30 minutes and safe auto told me that they were going to take out their payment out of my account anyway. I gave them a check number but they took money out my account as a debit transaction. I purchased a stop payment for their check but yet it still came out of my account which causes me overdraft fees for alot of credit transactions on my account. That was not fair to me because now I have $300 in overdraft charges alone. Safe Auto did not want to comprorrise with me at all. I dont think its fair for me to pay for ins l~ra~g that I never had a chance to get in my car and say im covered. I was never covered and everyone in this world is not a criminal so they should not treat customers like they are. Sparkles (Alexis) Carrollton, Texas U.S.A. Click Here to read other Ripoff Reports on Safe Auto Insurance Search Data recovery scams over charge and steal private data !:: ~ '~~ from broken hard drives. Loan modification offers risk for those facing foreclosure ~9 . Don't pay up front! Questionable pyramid scheme takes advantage of consumers. Companies steal from your hf ~1> bank account. Find out how. ,~•, „~ ~_. ripoffreport.com/.../safe-auto-insurance-... i` // /3 1/26/2010 Ripoff Report: Safe Auto Insurance Comp... ~ ~ ~~~ a ~~ ~ ~., ~ ~n ~~ ~ ..:: I '!'j ~, '-Search ' Read "Thank You" e-mails from co_ nsumers because Riooff Report protects consumer's right to sneak out. f'le,.sA a;rri:aci ias at: suRportCa ri oD ffre o om if y~au have any teehrticaF difficulties, Report: #143349 Report: Safe Auto Insurance Company Reported By: (Aiken South Carolina) ~..,-~'' ~ s"ARE ~ ~afr~ ~utr~ Insurance company ripoff. rude, ul ~professitanal, liars, dodge consumers instead of facing th=~x truth Col~!l~us Ohio Safe Auto Insurance Company 3883 East Broad Street Columbus Ohio 43213-1129 U.S.A. Phone: 800-7233288 Web Address: Category: Car Ins~rancg Submitted: Thursday, May 19, 2005 Posted: Thursday, May 19, 2005 ~- Q ~. A u[hor Consumer Employee Respond to this report! t File aile a Re~ ~.~ Victim of this,-persoin'/company? File a Report „~ (~ ~ ~~~ ;~ UCTiit8Cl'~8 r ~ F~ ~~ ~ v }~" ~ ~{ ~' Data recovery scams over charge and steal private data L ~ : from broken hard drives. . ~: ' ~ .. .. .. . ...v Loan modification offers risk for those facing foreclosure. Don't pay up front! r~ Questionable pyramid scheme takes advantage of consumers. I was with this company also. They cancelled my insurance because their csr told me Companies steal from your a different date to make my renewal payment and it was the wrong date. They would l ! 1} ~ bank account. Find out how. not reinstate my full coverage because they fail to come out and look at my r~ from ,,, a claim that I re orted. The didn't fix p Y my car and the adjustors claim they couldn't ., `` . .. . ..' find my home until the day for me to meet them then they asked for directions! Why _„_; , ~ , would you be asking me for directions when you told the claim dept. that you had been to my home? Then, they sent me a paper with the company they wanted me to go to! OH NO!!! It don't work that way, I pay my insurance and I choose where I want to go. Then, I told them I wanted to cancel my policy. They told me it was the law I had to send them a copy of my new policy and give them the name of my insurance company eah ri ht Th d d ' ,('~ ~'" , y g . ey i n t get it. ' H~~ ~o The csr s are rude and they wouldn't let me speak to a supervisor and they would not °- give me the corporate office number but I did find it. I called and left several messages for their corporate office but I never received a call back. Now I am contacting the Insurance Commissioner and the Better Business Bureau. They need to be stopped! , ~>,~, Trikina ~,. k Aiken, South Carolina U S A aer~±cx rarer ,7,b~ban,a . . . ripoffreport.com/.../safe-auto-insurance-... P~ / /~ 1/26/2010 Ripoff Report: Safe Auto Insurance Comp... ~~~ - ~ , r. R~ ~~_ ~r :. ~ ~ ~ , s~~ ~ , ~~yi.~ r~ -~ - ~ -,..,. r , f, ~ .~ ' _ ' ~ '- -r -,~ Search { iA'>fF Read "Thank You" e-mails from consumers because Riooff Report protects consumer's rioht to speak out. ...~ 'I~=a.~e co r~Y.a ct us at: suRDOrtCa riooffreoo nm if yrou have any technical difficulties. ~~ ~ ~" ~~^ 1,: T ,~* ,~.~,., .jmeritn',. ~: (;twl~l }Suticr ~ ' ~.~~ _ Report: #130492 ' Report: Safe Auto Insurance Company Reported By: (nashvilleTennessee) .~~'' s""RE Safi ~t=1~ Il~lsurance Company RIPOFF, MISQUOTING ~~~OUN~S TO i~AY COLUMBUS Ohio Safe Auto Insurance Company 3883 E. Broad St. COLUMBUS Ohio 43213 U.S.A. Phone: 800-723-3288 Web Address: Category: Car Insurance Submitted: Monday, February 07, 2005 I, ~epor~ ~ ed~t1: 1 0 0 I Author Consumer Employee Respond to this report! i File a Reb utta~ I ~{~j Victim of this persocompany7 File a Report ; ? Posted: Monday, February 07, 2005 I have used them and my ins. was going great. I had been driving down the interstate and a truck blew a piece of board and it smashed out my back window. I had a 500 ded. I called in and talked to a Gust. svc rep and was advised to not file a claim, it would be cheaper to pay out of my pocket and it was (200.00) Somehow SafeAuto gave me a claim # and said it was an at fault accident against me and raise rrry rates. they will not remove it and are rude. I have tried to get this resolved but no one will help me. I called 7 other ins. co and this does not show up on their ~~ report that SafeAuto has. Amazing. They will never get my biz again. They will quote me one price and then in a wk tell me I have to pay another 100 to keep my ins. There is something wrong with that. Teree nashville, Tennessee U.S.A. CIICk N r n r ado har RjROff Reports nn Safa niitn Tncnran Search for additional reports If you would like to see more Rip-off Reports on this company/individual, search ri poffreport.com/.../safe-auto-insurance-... : i • a ,s~, ti, x~ ~, ~~ _,, ~~~~ B~'t ,~ _ ._ ~a«,,. fuetlfi~d `~`SBfe ii !i ,. a .. , e, s E- ~z r ~ r~rr Data recovery scams over charge and steal private data from broken hard drives. t~r.,,~ Loan modification offers risk for those facing foreclosure. }~ Don't pay up front! f W V~~ HVf...` '1' :ie. Questionable pyramid scheme ' takes advantage of consumers. ;: ~:,~ '~ ;a o Companies steal from your t~)f~ bank account. Find out how. ,, ~, r. drys _____.-- ~j/3 ~I ~ i=~; ~~ ~' T~ ~~ ~ - ~ i 4"Y , Z~InJn~d ~t3 ~'j'i 4~ ~L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAFE AUTO INSURANCE COMPANY, Plaintiff, v. DABIS CAMERO a/k/a DABIS CAMERO ALZATE, individually and as parent and natural guardian of DABIS CAMERO, II, and DANA CAMERO, minors, SUSAN BRUNS, KEVIN SMITH and KRISTEN STUTTER, CIVIL DIVISION No.: 2009-7483 Civil Term NOTICE OF SERVICE OF IMPORTANT 10-DAY NOTICE OF DEFAULT JUDGMENT ON DEFENDANT, KEVIN SMITH (Jury Trial Demanded) Defendants. Filed on Behalf of Plaintiff, Safe Auto Insurance Company Counsel of Record for This Party: Jeffrey C. Catanzarite, Esquire PA I.D. #: 72765 Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. Firm No. 911 Gulf Tower, Suite 2400 707 Grant Street Pittsburgh, PA 15219 (412) 261-3232 #17414 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAFE AUTO INSURANCE COMPANY, CIVIL DIVISION Plaintiff, No.: 2009-7483 Civil Term v. DABIS CAMERO a/k/a DABIS CAMERO ALZATE, individually and as parent and natural guardian of DABIS CAMERO, II, and DANA CAMERO, minors, SUSAN BRUNS, KEVIN SMITH and KRISTEN STUTTER, Defendants. NOTICE OF SERVICE The 10-Day Important Notice of Default Judgment was served on Defendant, Kevin Smith, on January 20, 2010. A true and correct copy of the certified return receipt is attached hereto as Exhibit "A". JURY TRIAL DEMANDED Respectfully submitted, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. By: Jeffrry. Catanzarite, Esquire Cou I for Plaintiff ^ Complete items 1, 2, and 3. Also complete Rem 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailplece, or on the front if space permRs. F 1. Article Addressed to: _ Kevin Smith A. Signature ~' a ~ ./S'h.~ rAddressee i B. Received by (Printed Name) c e Delivery D. delivery address d[(fererrt fiom Item 1? ^ Yes t~YES, enter delivery 8ddress below:` ^ No v ^.,~ ~ ; 290 Beacon Drive .~ Harrisburg, PA 17112 s. ' ;~'~~'== Mgll= "'~ Mail ~ Reg~tered m Receipt for Merchandise D Insured Mall O C.O.D. 4. Restricted Delivery? (Extra Fee) O Yes 2. Article Number (Transfer/romservkeiabE 7009 2250 ~~~3 9844 1022 ,1 PS Form 3811,-February 2004 DomestlcRetum Receipt ~o25sso2-M-t~ 1 i CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Service of Important 10-Day Notice of Default Judgment was served upon the following individual via U.S. Mail, postage prepaid, this 26th day of January, 2010: Kevin Smith 290 Beacon Drive Harrisburg, PA 17112 rs, McDonnell, Hudock, e & Skeel, P.C. By: Jeffr~j(i C(,~Catadvzar~ Esquire Cou el for Plaintiff e LFIL~U-, =~,,t I,~ Tf?C t t`r f'~ ZOIO Jll~d 2S Ark 11 ~ 2~ FE(~f~j34'LV~.NIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAFE AUTO INSURANCE COMPANY, CIVIL DIVISION Plaintiff, No.: 2009-7483 Civil Term v. PRAECIPE TO REMOVE FROM ARGUMENT COURT DABIS CAMERO a/k/a DABIS CAMERO ALZATE, individually and as parent and natural guardian of DABIS CAMERO, II, and DANA CAMERO, minors, SUSAN BRUNS, KEVIN SMITH and KRISTEN STUTTER, Defendants. Filed on Behalf of Plaintiff, Safe Auto Insurance Company Counsel of Record for This Party: Jeffrey C. Catanzarite, Esquire PA I . D. #: 72765 Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. Firm No. 911 Gulf Tower, Suite 2400 707 Grant Street Pittsburgh, PA 15219 (412) 261-3232 #17414 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAFE AUTO INSURANCE COMPANY, CIVIL DIVISION Plaintiff, No.: 2009-7483 Civil Term v. DABIS CAMERO a/k/a DABIS CAMERO ALZATE, individually and as parent and natural guardian of DABIS CAMERO, II, and DANA CAMERO, minors, SUSAN BRUNS, KEVIN SMITH and KRISTEN STUTTER, Defendants. PRAECIPE TO REMOVE FROM ARGUMENT COURT TO THE PROTHONOTARY: Please remove the Motion for Summary Judgment from the July 7, 2010 argument list. Respectfully submitted, Summers, McDonnell, Hudock, Guthrie ~&~keel, P.C. BY~ ~ ~ r_~ 1 Jeffry C. C~fanzari a uire C nsel for Plainti a CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe to Remove From Argument Court was served upon the following individual via U.S. Mail, postage pre-paid, this 23rd day of June, 2010: Dabis Camero a/k/a Dabis Camero Alzate 511 Erford Road Camp Hill, PA 17011 (Defendant, Pro Se) S ers, McDonnell, Hudock, Guth ie & Skeel, P.C. Jeff y C. Catanzarite, Esquire Co sel for Plaintiff ~t -, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAFE AUTO INSURANCE COMPANY, Plaintiff, -vs- DABIS CAMERO a/k/a DABIS CAMERO ALZATE, individually and as parent and natural guardian of DABIS CAMERO, II, and DANA CAMERO, minors, SUSAN BRUNS, KEVIN SMITH and KRISTEN STUTTER, Defendants. (Jury Trial Demanded) #17414 CIVIL DIVISION No. 2009-7483 Civil Term AFFIDAVIT OF SERVICE OF LISTING FOR ARGUMENT Filed on Behalf of Plaintiff: Safe Auto Insurance Company Counsel of Record for Plaintiff: Jeffrey C. Catanzarite, Esquire Pa. I.D. No.: 72765 SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. Firm No.: 911 707 Grant Street Suite 2400, Gulf Tower Pittsburgh, PA 15219 (412) 261-3232 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAFE AUTO INSURANCE COMPANY, CIVIL DIVISION Plaintiff, No. :2009-7483 Civil Term -vs- DABIS CAMERO a/k/a DABIS CAMERO ALZATE, individually and as parent and natural guardian of DABIS CAMERO, II, and DANA CAMERO, minors, SUSAN BRUNS, KEVIN SMITH and KRISTEN STUTTER, Defendants. AFFIDAVIT OF SERVICE OF LISTING FOR ARGUMENT I, Jeffrey C. Catanzarite, Esquire, counsel for Plaintiff, Safe Auto Insurance Company, hereby aver that all Defendants, Dabis Camero, Susan Bruns, Kevin Smith and Kristen Stutter, were served with the Prothonotary listing case for argument on August i8, 2oio, on the 9th day of August, 2010. Respectfully submitted, SUMMERS, MCDONNELL, HUDOCK, GUTF.SKEEL, P.C. By: \~ ~ /~/'l/ C. Catanzarite, Esquire 1 for Plaintiff CERTIFICATE OF SERVICE I, the undersigned, hereby certify that a true and correct copy of the foregoing Affidavit of Service of Listing for Argument was served on the following individuals, via first-class U.S. Mail, postage prepaid, this gth day of August, 2oio: Dabis Camero 511 Erford Road Camp Hill, PA 1~ou Kevin Smith 29o Beacon Drive Harrisburg, PA 1']112 Kristen Stutter 50o Hamilton Drive Middletown, PA 17057 Susan Bruns 1528 Inverness Drive Mechanicsburg, PA 17050 SUMMERS, MCDONNELL, HUDOCK, GUTHRIE& SKEEL, P.C. By: ` `-~1- ey C. Catanzarite, Esquire C nsel for Plaintiff CAJA PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) = e,Ma Q _? TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter fgr!the n Argument Court.) -------------------------------------------------------------------------------------------------------- cv CAPTION OF CASE (entire caption must be stated in full) Safe Auto Insurance Company, ps r. ?i .._ . .. vs. W Dabis Camero a/k/a Dabis Camero Alzate, individually and as parent and natural guardian of Dabis Camero, II, and Dana Camero, minors, Susan Bruns, Kevin Smith and No 2009-7483 Civil Term Kristen Stutter - 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff, Safe Auto Insurance Company's Motion for Summary Judgment 2. Identify all counsel who will argue cases: (a) for plaintiffs: Jeffrey C. Catanzarite, Esquire (Name and Address) 2400 Gulf Tower, 707 Grant Street, Pittsburgh, PA 15219 (b) for defendants: Dabis Camero 511 Erford Road, Camp Hill, PA 17011 (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: October 6, 2010 C. Catanzarite, Esquire Print your name Plaintiff Date: 8/16/10 Attorney for INSTRUCTIONS: 1.Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument Is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case Is rellsted. #26 SAFE AUTO INSURANCE COMPANY, Plaintiff V. DABIS CAMERO a/k/a DABIS CAMERO ALZATE, individually And as parent and natural guardian of DABIS CAMERO, II, and DANA CAMERO, minors, SUSAN BRUNS, KEVIN SMITH and KRISTEN STUTTER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2009 - 7483 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE GUIDO, MASLAND, JJ. ORDER OF COURT AND NOW, this 15TH day of OCTOBER, 2010, it appearing that issues of material fact exist, Plaintiff's Motion for Summary Judgment is DENIED. By ourt, Edward E. Guido, J. / Jeffrey C. Catanzarite, Esquire Gulf Tower, Suite 2400 707 Grant Street Pittsburgh, Pa. 15219 Dabis Camero 511 Erford Road Camp Hill, Pa. 17011 Court Administrator _ ~~~~ ~ ~ :sld 4 ~S' m~t4 lo~rsfrd ~~ P.1~ .,,.~ c ~ o -~ ~ ° ,.~ z -ri ~~ ~ ~ '"~ D t31 ~ Q r- ~= { ~ -*~ ~~ ~~ ~ v ~ ~~ ~ ~ ~ FILED-OFFICE OF THE PROTHONOTARY 1010 DEC 10 PH 1: 3 3 CUMBERLAND COUNTY PENINSYLVAN IN THE COURT OF COMMON PLEAS OF CUMB LAND COUNTY, PENNSYLVANIA SAFE AUTO INSURANCE COMPANY, Plaintiff, V. DABIS CAMERO a/k/a DABIS CAMERO ALZATE, individually and as parent and natural guardian of DABIS CAMERO, II, and DANA CAMERO, minors, SUSAN BRUNS, KEVIN SMITH and KRISTEN STUTTER, CIVIL DIVISION No.: 2009-7483 Civil Term PRAECIPE TO VOLUNTARILY DISMISS COMPLAINT IN DECLARATORY JUDGMENT Defendants. Filed on Behalf of Plaintiff, Safe Auto Insurance Company Counsel of Record for This Party: Jeffrey C. Catanzarite, Esquire PA I.D. #: 72765 Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. Firm No. 911 Gulf Tower, Suite 2400 707 Grant Street Pittsburgh, PA 15219 (412) 261-3232 #17414 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAFE AUTO INSURANCE COMPANY, CIVIL DIVISION Plaintiff, No.: 2009-7483 Civil Term V. DABIS CAMERO a/k/a DABIS CAMERO ALZATE, individually and as parent and natural guardian of DABIS CAMERO, Il, and DANA CAMERO, minors, SUSAN BRUNS, KEVIN SMITH and KRISTEN STUTTER, Defendants. PRAECIPE TO VOLUNTARILY DISMISS COMPLAINT IN DECLARATORY JUDGMENT TO THE PROTHONOTARY: Kindly discontinue the Complaint in Declaratory Judgment previously filed in the above-captioned matter. Respectfully submitted, Summers, McDonnell, Hudock, Guthrie Sk el, P.C. By: ?? C. Catanzarite, Esquire sel for Plaintiff • CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe to Voluntarily Dismiss Complaint in Declaratory Judgment was served upon the following individual via U.S. Mail, postage pre-paid, this 8t" day of December, 2010: Dabis Camero a/k/a Dabis Camero Alzate 511 Erford Road Camp Hill, PA 17011 (Defendant, Pro Se) Su ers, McDonnell, Hudock, uth e & SSkkeeel, P.C. By: Je C. Catanzarite, Esquire C sel for Plaintiff