The URL can be used to link to this page

Home My WebLink About10-7914j IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. to -- 74 / y e w ???r.Jt-"? Civil Action - (XX) Law ( ) Equity DEBRA and MICHAEL BARBER 605 Brisbain Lane Enola, PA 17025 USAA INSURANCE COMPANY 9800 Fredericksburg Road San Antonio, TX 78288 UNITED SERVICE AUTOMOBILE ASSOCIATION 9800 Fredericksburg Road San Antonio, TX 78288 versus USAA GENERAL INDEMNITY INSURANCE COMPANY 9800 Fredericksburg Road San Antonio, TX 78288 Plaintiff(s) & Address(es) USAA CASUALTY INSURANCIE COMPANY 9800 Fredericksburg Road San Antonio, TX 78288 Defendant(s) & > Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Summons in the above-captioned action. Writ of Summons Shall be issued and forwarded to (XX )Attorney Andrew C. Spears Esquire 1300 Linalestown Road Harr_isburg PA 17108 717 238-2000 Name/Address/Telephone No of Attorney Signature of Attorney Supreme Court ID No. 87737 Date: _44xj_ ra N tt? i .»C:r CD $9'a. oo)CL "If Cled ?37Z3 R-9- 2 T Q 9V A WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary Date: ? [ ?. b _ Deputy ( ) Check here if reverse is used for additional information PROTHON. - 55 2 10 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2010 Civil Action - (XX) Law ( ) Equity DEBRA and MICHAEL BARBER 605 Brisbain Lane Enola, PA 17025 USAA INSURANCE COMPANY 9800 Fredericksburg Road San Antonio, TX 78288 UNITED SERVICE AUTOMOBILE ASSOCIATION 9800 Fredericksburg Road San Antonio, TX 78288 versus USAA GENERAL INDEMNITY INSURANCE COMPANY 9800 Fredericksburg Road San Antonio, TX 78288 USAA CASUALTY INSURANCE COMPANY 9800 Fredericksburg Road San Antonio, TX 78288 Plaintiff(s) & Defendant(s) & Address(es) Address(es) SHERIFF INSTRUCTIONS TO SHERIFF OF CUMBERLAND COUNTY: Please serve the Writ of Summons by Certified Mail on the following Defendants separately: USAA Casualty Insurance USAA General Indemnity Company Company 9800 Fredericksburg Road 9800 Fredericksburg Road San Antonio, TX 78288 San Antonio, TX 78288 USAA Insurance Company United Service Automobile 9800 Fredericksburg Road Association San Antonio, TX 78288 9800 Fredericksburg Road San Antonio, TX 78288 Very truly yours, HANDLER, HENNING & ROSENBERG, LLP By: Andrew C. Spears 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff FILED-OFFICE 74 PROIHUNOTAl Jody S Smith Chief Deputy JAN 20 AM 10. 1 Richard W Stewart Solicitor IC ERLAND COUNT,* PENNSYLVANIA Debra Barber vs. USAA Insurance Company (et al.) Case Number 2010-7914 SHERIFF'S RETURN OF SERVICE 01/03/2011 On this date Ronny R. Anderson, Sheriff mailed the within Writ of Summons by certified mail, return receipt requested to USAA Insurance Company. 01/03/2011 On this date Ronny R. Anderson, Sheriff mailed the within Writ of Summons by certified mail, return receipt requested to United States Automobile Association. 01/03/2011 On this date Ronny R. Anderson, Sheriff mailed the within Writ of Summons by certified mail, return receipt requested to USAA General Indemnity Insurance Company. 01/03/2011 On this date Ronny R. Anderson, Sheriff mailed the within Writ of Summons by certified mail, return receipt requested to USAA Casualty Insurance Company. 01/07/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Writ of Summons upon the within named defendant, QA Casualty Insurance Company, in the following manner: On January 3, 2011 the Sheriff mailed by ce ied mail, return receipt requested a true and correct copy of the within Writ of Summons to the defendant's last known address of 9800 Insurance Company, San Antonio, TX 78288. The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by an adult in charge on January 3, 2011. 01/07/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Writ of Summons upon the within named defendant, US eneral Indemnity Insurance Company, in the following manner: On January 3, 2011 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Writ of Summons to the defendant's last known address of 9800 Insurance Company, San Antonio, TX 78288. The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by an adult in charge on January 3, 2011. 01/07/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Writ of Summons upon the within named defendant, United Servicp4utomobile Association, in the following manner: On January 3, 2011 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Writ of Summons to the defendant's last known address of 9800 Insurance Company, San Antonio, TX 78288. The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by an adult in charge on January 3, 2011. 01/07/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Writ of Summons upon the within named defendant, USAA Insurance Company, in the following manner: On January 3, 2011 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Writ of Summons to the defendant's ast known address of 9800 Insurance Company, San Antonio, TX 78288. The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by an adult in charge on January 3, 2011. SHERIFF COST: $98.60 January 19, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF iC! COLIM SU'.:tO Seerft, Ie!eOSOtt . htc. 1 20 010 ;5' Also template Wary is deSI - ¦ Ca°? arse Um 4 If ROStW ¦ print Your rlfiime the card to you. ece. so frOt we can h this card rern to the back ItOf the s. 'pi ¦ Atta on front if spate reseed to: 1. Arf cle Add USAA GENERAL INI)EP NIT`( INSURANCE CO 9800 INSURANCE COtAPP' 8288 SAN ANTONIO, 2010-7914 2. AdIC19 Null tester frrfnc PS Form 35 0 Agent A. 501%w•-- ? Add X G. Date of De?iverY B by (printed Nam) item 1? C1 Yes ?fierent from E3 No p, Is delivery aadowtiss very address below: If YES, enter deli ?vice Ze?rtMfed Mail C, Registered ? insured Mali 4. Rested De1N ? Express Meg for Memhandise Return pt C.O.D. ? YesJ ery? Pdra Fee) ? Ay?erd lkw;ot Wy Is on j'j%e reverse Krim 4 sod e - to Yo"' . , 0 Pi" can 0, so to the Of On t INSI?tZP`N` OMP PNY v A?IY 1NSURPNC?TX ? g2g8 9800N PN10N1O, 2010-7c14 W - ?„ G Date of Deriver parted Name) add dtite??`t? Flo ? NO p, b dew deliver ff ` onto ° oe?r V4. ? Ivaipt ReWrn for 00cwose v p G.O.D ? Fee) ren(? ? .! PS'FOR" _----- ¦ , 2, ad 3. Also complete =41 DsMry le decked. ¦ Prkrt your and address on the reverse so flfdt we rettrrm the card to you. ¦ Attach this card to the back of the mailpiece, or on the'frorit ff apace permits. ' UNI 1 EU sLK v1CL AUTOMOBILE ASSOCIATION 9800 INSURANCE COMPANY SAN ANTONIO, TX 78288 2010-7914 ^ 2. Article Nx.d er PS From, 381'1, Iwe x A. giprlahre y . X ? AdAgent dressee B. Received by (Printed Name) C. Date of Delivery ?r +csr--i. D. is der wy address dfiferent from item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type _ AC" W Mall ? Express Mail ? Reglsww ? Return Receipt for Merchandise ? Irrerred Mail ? C.O.D. 4. Restricted Deliverr pft Fee) ? Yes 7006 0810 0000 7881 9193 Dora tlo Return Receipt 102595-02-M-1540 ¦ 0000 firma 1, 2, and 3. Also complete hern 4#f Heal We DMlvery is dedrod. • Pft your items and address on the reverse so 10 we cram retum the cmrd to you. ¦ Alfach ihle card to the back of the malipiece, or on the font If space permits. i. er+, -, Artdreesed to• USAA INSUKANC E COMPANY 9800 INSURANCE COMPANY SAN ANTONIO, TX 78288 2010-7914 A. Signature x - ? Agent ? Addressee B. Reoelved by (Pointed Narrw) C. Date of Delkery D. Is dellvsry addma6 d ftv,t from heir 17 ? Yes If YES, enter defteryaldreas below: ? No 3. SWOM Type Certified Mail ? Express Mail Miegistered ? Return Receipt for Merchandise ? insured mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes DEBRA L. BARBER and IN THE COURT OF COMMON PLEAS MICHAEL BARBER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 10-7914 USAA INSURANCE COMPANY, =-: -- 71 UNITED SERVICES AUTOMOBILE CIVIL ACTION - LAW ASSOCIATION, USAA GENERAL 771 INDEMNITY COMPANY ` ?ry:.? , and USAA CASUALTY INSURANCE COMPANY v n CD-' Defendants CD N ° ? NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, WITH INFORMATION ABOUT AGENCIES THAT PERSONS AT A REDUCED FEE OR NO FEE. THIS OFFICE MAY BE ABLE TO PROVIDE YOU MAY OFFER LEGAL SERVICES TO ELIGIBLE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accibn dentro de los prbximos veinte (20) dias despues de la notificacibn de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accibn como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacibn o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mcis aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 HANDLER, HENNING Ili ROSENBERG, LLP By: An w pears, Esquire Andrew C. Spears, Esquire ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Phone: (717) 238-2000 Attorneys for Plaintiff Fax: (717) 233-3029 Email: Spears@HHRLAW.COM DEBRA L. BARBER and : IN THE COURT OF COMMON PLEAS MICHAEL BARBER, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 10-7914 USAA INSURANCE COMPANY, UNITED SERVICES AUTOMOBILE CIVIL ACTION - LAW ASSOCIATION, USAA GENERAL INDEMNITY COMPANY, and USAA CASUALTY INSURANCE COMPANY Defendants COMPLAINT AND NOW, come the Plaintiffs, Debra L. Barber and Michael Barber, by and through their attorneys, HANDLER, HENNING & ROSENBERG, by Andrew C. Spears, Esquire, and make the within Complaint against Defendants, USAA Insurance Company, United Services Automobile Association, USAA General Indemnity Company, and USAA Casualty Insurance Company, and, in support thereof, aver as follows: 1. Plaintiff, Debra L. Barber, is an adult individual currently residing at 605 Brisbain Lane, Enola, Cumberland County, Pennsylvania. 2. Plaintiff, Michael Barber, is an adult individual currently residing at 605 Brisbain Lane, Enola, Cumberland County, Pennsylvania. 3. At all times material hereto, Plaintiffs Debra L. Barber and Michael Barber were lawfully married. 4. Defendant, USAA Insurance Company (hereinafter referred to as "USAA Insurance") is an insurance company doing business in Pennsylvania and having its registered address at 9800 Fredericksburg Road, San Antonio, Bexar County, Texas. 5. Defendant, United Services Automobile Association (hereinafter referred to as "USAA") is an insurance company doing business in Pennsylvania and having its registered address at 9800 Fredericksburg Road, San Antonio, Bexar County, Texas. 6. Defendant, USAA General Indemnity Insurance Company (hereinafter referred to as "USAA General") is an insurance company doing business in Pennsylvania and having its registered address at 9800 Fredericksburg Road, San Antonio, Bexar County, Texas. 7. Defendant, USAA Casualty Insurance Company (hereinafter referred to as "USAA Casualty"), is an insurance company doing business in Pennsylvania and having its registered address at 9800 Fredericksburg Road, San Antonio, Bexar County, Texas. 8. At all times material hereto, Plaintiff, Debra L. Barber, was the owner and operator of a 2004 Ford Taurus bearing Pennsylvania registration number DBZ6439. (hereinafter referred to has "Plaintiffs vehicle") 9. At all times material hereto, the tortfeasor, an unknown driver, was the operator of a white hatch-back. 10. On or about January 15, 2007, at approximately 2:12 p.m., Plaintiff, Debra 2 L. Barber, was traveling northbound in a lawful traveling lane on Interstate 81 in Hampden Township, Cumberland County, Pennsylvania. 11. At approximately the same time and place, the unknown tortfeasor was also traveling northbound on Interstate 81 exceeding the posted speed limit and weaving in and out of traffic. 12. Plaintiff attempted to change lanes when suddenly and without warning, the unknown tortfeasor traveled around Plaintiffs vehicle onto the grass and crossed the center lane. 13. The unknown tortfeasor then lost control of the vehicle which moved back into the lane of travel causing Plaintiffs vehicle to strike the unknown tortfeasor's vehicle with her front right bumper. 14. As a direct and proximate result of the negligence of the tortfeasor, Plaintiff, Debra L. Barber, sustained personal injuries including, but not limited to, chronic cervical strain, central disc herniation, central stenosis and right upper extremity radiculopathy. 15. As a direct and proximate result of the negligence of the unknown tortfeasor, Plaintiff, Debra L. Barber, has suffered physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her physical, emotional and financial detriment and loss. 16. As a direct and proximate result of the negligence of the unknown tortfeasor, Plaintiff, Debra L. Barber, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend more for the same purposes in the future, to her detriment and loss. 17. As a direct and proximate result of the negligence of the unknown tortfeasor, 3 Plaintiff, Debra L. Barber, has suffered a loss of income and/or loss of earning capacity and may continue to suffer the same in the future, to her detriment and loss. 18. As a direct and proximate result of the negligence of the unknown tortfeasor, Plaintiff, Debra L. Barber, has been, and may in the future be hindered from attending to her daily duties, to her detriment, loss, humiliation and embarrassment. 19. As a direct and proximate result of the negligence of the unknown tortfeasor, Plaintiff, Debra L. Barber, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to her detriment and loss. 20. Prior to the aforementioned collision, Defendant, USAA Casualty, issued a policy of automobile insurance to Plaintiffs, policy number 00581 04 02C 7101 7. Said policy was in effect on the date of the aforementioned collision. (Hereinafter referred to as the "Policy") 21. At the time of the collision, Plaintiffs insured two vehicles on the Policy, which provided for $100,000.00 in uninsured motorist coverage with stacking. 22. At the time of the collision, Plaintiffs' policy with Defendant, USAA Casualty, provided for a total of $200,000.00 in uninsured motorist coverage. 23. As a result of the selection of uninsured motorist benefits, Plaintiffs paid and Defendant, USAA Casualty, accepted increased premium payments. 24. At the time Plaintiffs purchased the Policy they elected to stack their uninsured motorist benefits on both vehicles on the Policy, thereby increasing their available uninsured motorist benefits in order to protect their financial integrity in the event they were injured by the negligence of a driver who did not maintain adequate insurance coverage. 4 25. On February 14, 2008, Defendant, USAA Casualty, denied payment for treatment received after October 4, 2007, referring to the treatment as unnecessary and/or inappropriate. 26. On September 15, 2009, Plaintiff, Debra L. Barber, was recommended additional treatment, including formal physical therapy, medication and possible surgery, by her orthopedist. 27. On September 19, 2009, Defendant's insurance adjuster, Dorothy Ann Schwarz, made an offer of $6,000.00. 28. On August 16, 2010 Plaintiffs made a demand from Defendant, USAA Casualty, for the uninsured motorist policy limits of $200,000.00. 29. On September 28, 2010, Plaintiff's orthopedist noted that although Plaintiff's symptoms had improved before they reoccurred, Plaintiff will require additional treatment including formal physical therapy, medications and possible surgery. COUNT I - BREACH OF CONTRACT Debra L. Barber v. USAA INSURANCE COMPANY et all 30. All prior paragraphs are incorporated herein as if fully set forth below. 31. Plaintiff, Debra L. Barber, has fully complied with the terms, conditions and duties required under the Policy. 32. Defendants, have failed to objectively and reasonably evaluate Plaintiffs' claims. 33. Defendants, have failed to promptly offer payment of the reasonable and fair value of the uninsured motorist claim to Plaintiff, Debra L. Barber. 34. Defendants, have failed to reasonably investigate Plaintiffs' claim inasmuch 5 as a thorough and proper inquiry would have revealed that Plaintiff, Debra L. Barber, sustained injuries, damages and losses, and she continues to suffer the same which would have required an offer of the Policy limits for reasonable compensation. 35. As the insurer of Plaintiff, Debra L. Barber, Defendants, owed a fiduciary, contractual and statutory obligation to investigate, evaluate and negotiate the uninsured motorist claim in good faith and to arrive at a prompt, fair and equitable settlement. 36. For the reasons set forth above, Defendants, have violated their obligations under the Policy. WHEREFORE, Plaintiffs, Debra L. Barber and Michael Barber, respectfully request this Honorable Court enter a judgment in Plaintiffs' favor, together with compensatory damages, attorney's fees and such other relief as this Honorable Court deems just and proper. Date: Respectfully Submitted HANDLER, HENNING & ROSENBERG, LLP By: r?- Andrev?t.'8peers, Esquire I . D. #87737 1300 Linglestown Road, Suite 2 Harrisburg, Pennsylvania 17110 (717) 238-2000 Spears@HHRLaw.com Attorneys for Plaintiff 6 DEBRA L. BARBER and MICHAEL BARBER, Plaintiffs V. USAA INSURANCE COMPANY, UNITED SERVICES AUTOMOBILE ASSOCIATION, USAA GENERAL INDEMNITY COMPANY, and USAA CASUALTY INSURANCE : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-7914 CIVIL ACTION - LAW COMPANY Defendants CERTIFICATE OF SERVICE On the 28th day of February, 2011, 1 hereby certify that a true and correct copy of Plaintiffs' Complaint was served upon the following by depositing in U.S. Mail; Marc Moyer, Esq. Thomas, Thomas & Hafer 305 North Front Street P O Box 999 Harrisburg, PA 17108-0999 Date: J? " a HANDLER, HENNING & ROSENBERG, LLP By: Andrew C. Spears VERIFICATION THE UNDERSIGNED hereby verifies that the statements in the foregoing document are based on information that was gathered by counsel in preparation of this lawsuit. The language of the above-named document is of counsel and not my own. I have read the said document and, to the extent that it is based on information that I gave to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the said document is that of counsel, I have relied upon my counsel in preparing this Verification. THE UNDERSIGNED also understands that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252(d) C.S. Section 4904, relating to unsworn falsification to authorities. Date: e I 'WO/ VERIFICATION THE UNDERSIGNED hereby verifies that the statements in the foregoing document are based on information that was gathered by counsel in preparation of this lawsuit. The language of the above-named document is of counsel and not my own. I have read the said document and, to the extent that it is based on information that I gave to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the said document is that of counsel, I have relied upon my counsel in preparing this Verification. THE UNDERSIGNED also understands that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252(d) C.S. Section 4904, relating to unsworn falsification to authorities. Date: °1 / 1.2 D/ J66q, Debra Barber A rE PFTTHONOTARf 2011 APR --8 AM 10: 54 '-UMBERLANO COUNTY THOMAS, THOMAS & HAFER, LLP PENNSYLVANIA Marc A. Moyer, Esquire 717-441-3960 - direct Attorney I.D. #76434 mmoyer@tthlaw.com Todd B. Narvol, Esquire 717-237-7133 - direct Attorney I.D. No. 42136 tnarvol@tthlaw.com 305 N. Front Street P.O. Box 999 Harrisburg PA 17108-0999 Attorneys for Defendants DEBRA L. BARBER and MICHAEL BARBER, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 10-7914 CIVIL ACTION - LAW USAA INSURANCE COMPANY, UNITED SERVICES AUTOMOBILE ASSOCIATION, USAA GENERAL INDEMNITY COMPANY, and USAA CASUALTY INSURANCE COMPANY, Defendants MOTION TO ENTER STIPULATION AS ORDER Please enter the attached Stipulation as an Order. A proposed Order is attached hereto. Respectfully submitted, Date: April 7 , 2011 THOMAS, TH BY: & HAFER LLP Mart/ A. Moye , Esquire (I.D. No. 76434) Todd B. N ol, Esquire (I.D. No. 42136) 305 North ront Street, P.O. Box 999 Harrisb , PA 17108-0999 717-441-3960 Attorneys for Defendants 930448.1 i DEBRA and MICHAEL BARBER, Plaintiffs V. USAA INSURANCE COMPANY, UNITED SERVICE AUTOMOBILE ASSOCIATION, USAA GENERAL INDEMNITY INSURANCE COMPANY, and USAA CASUALTY INSURANCE COMPANY, Defendants CIVIL ACTION - LAW STIPULATION TO AMEND COMPLAINT AND CAPTION It is hereby stipulated by the undersigned counsel of record that Paragraphs 4, 5, 6, and 35 shall be stricken from Plaintiffs' Complaint, and that the caption of this matter shall be amended to: DEBRA and MICHAEL BARBER, Plaintiffs V. USAA CASUALTY INSURANCE, COMPANY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-7914 CIVIL ACTION - LAW ?,2 ?- Andrew C. Spears, Esquire Attorney I.D. No. 87737 1300 Linglestown Road, Suite 2 Harrisburg, PA 17108 Attorney for Plaintiffs Date: II BY THE COURT: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-7914 Marc A. oyer, Esquire Attorn I.D. No. 76434 Todd . Narvol, Esquire Att ey I.D. No. 42136 Thomas, Thomas & Hafer LLP 305 North Front Street, P.O. Box 999 Harrisburg, PA 17108-0999 Attorney for Defendants Date: ?D L 925608.1 A CERTIFICATE OF SERVICE On this day of ?x- , 2011, I, Connie Fritz, a legal secretary with the law firm of Thomas, Thomas & Hafer, LLP, do hereby certify that I have, this day, served a true and correct copy of the foregoing Motion upon the person and at the address below named by United States 1St Class Mail, postage prepaid, in Harrisburg, PA: Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 (Counsel for Plaintiffs) Connie Fritz 930448.1 DEBRA and MICHAEL BARBER, Plaintiffs V. USAA INSURANCE COMPANY, UNITED SERVICE AUTOMOBILE ASSOCIATION, USAA GENERAL INDEMNITY INSURANCE COMPANY, and USAA CASUALTY INSURANCE COMPANY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAN IA NO. 10-7914 cn r 7J - c? o , C < z? =-n CD rn CIVIL ACTION - LAW ORDER AND NOW, this day of "40-? , 2011, upon consideration of the Stipulation and agreement of counsel, it is hereby ORDERED and DECREED that Paragraphs 4, 5, 6, and 35 shall be stricken from Plaintiffs' Complaint. It is further ORDERED and DECREED that Plaintiffs' claims against Defendants, USAA Insurance Company, United Service Automobile Association, and USAA General Indemnity Insurance Company are DISCONTINUED from the above-captioned lawsuit with prejudice, and that the caption shall be amended and revised as follows: DEBRA and MICHAEL BARBER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. USAA CASUALTY INSURANCE, COMPANY, Defendant : NO. 10-7914 CIVIL ACTION - LAW B HE COUR : J. ,v Distribution List: Marc A. Moyer, Esquire Thomas, Thomas & Hafer LLP MOa?? P.O. Box 999 00po ?j Harrisburg, PA 17108 ql p VI/ Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 930245.1 2 C rn M :sue N w -t? rv Andrew C. Spears, Esquire I.D.#87737 HANDLER, HENNING & ROSENBERG, LLP 1300 linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: spears@HHRLaw.com DEBRA L. BARBER and : IN THE COURT OF COMMON PLEAS MICHAEL BARBER, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. USAA INSURANCE COMPANY, UNITED SERVICES AUTOMOBILE ASSOCIATION, USAA GENERAL INDEMNITY COMPANY, and USAA CASUALTY INSURANCE COMPANY Defendants : NO. 10-7914 : CIVIL ACTION - LAW PLAINTIFFS' REPLY TO NEW MATTER AND NOW, comes the Plaintiffs, Debra L. Barber and Michael Barber, by and through their attorney, HANDLER, HENNING & ROSENBERG, LLP, by Andrew C. Spears, Esq., and responds to the Defendants' allegations of New Matter as follows: 37. The averments of this paragraph constitute an incorporation paragraph to which no response is required. If a response is required, any allegations and/or insinuations of m? ?rn ?o Din wrongdoing on the part of the Plaintiffs are hereby denied. 38. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law 75 Pa. C.S. §1701 et. seq., speak for themselves. By way of further response, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiffs are hereby denied. 39. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiffs are hereby denied. 40. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiffs are hereby denied. 41. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiffs are hereby denied. 42. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiffs are hereby denied. 43. Admitted in part. Denied in part. It is admitted that Plaintiff, Debra L. Barber was involved in a motor vehicle accident on January 15, 2007. The averment concerning whether said motor vehicle accident is the sole basis for this action constitutes a conclusion of law to which no response is required. If a response is required, Plaintiff avers that it was 2 Defendants' handling of her claims arising out of her motor vehicle accident that formed the basis for this cause of action. 44. No response required as the attached policy of insurance is a written document that speaks for itself. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiffs are hereby denied. 45. Admitted. 46. The averments of this paragraph constitute conclusions of law to which no response is required. 47. The averments of this paragraph constitute conclusions of law to which no response is required. 48. The averments of this paragraph constitute conclusions of law to which no response is required. 49. The averments of this paragraph constitute conclusions of law to which no response is required. By way of further response, Plaintiffs aver that they properly brought their action within four (4) years of the date of the motor vehicle accident. 50. To the extent that the averments set forth in this paragraph refer to the policy of insurance, the policy is a written document which speaks for itself, no response is required. All remaining averments are conclusions of law to which no response is required. If a response is required, any and all allegations or insinuations of wrongdoing on the part of Plaintiffs are hereby denied. 3 WHEREFORE, Plaintiffs, Debra and Michael Barber, respectfully request that this Honorable Court dismiss Defendants' New Matter, enter judgment in their favor and enter such other Orders as are equitable and just. DATED: aS Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By: An s, Esquire Supreme Court I.D. # 87737 1300 Linglestown Road Harrisburg, PA 17110 Spears@hhrlaw.com (717) 238-2000 Attorney for Plaintiff 4 DEBRA L. BARBER and MICHAEL BARBER, Plaintiffs V. USAA INSURANCE COMPANY, UNITED SERVICES AUTOMOBILE ASSOCIATION, USAA GENERAL INDEMNITY COMPANY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-7914 CIVIL ACTION - LAW and USAA CASUALTY INSURANCE COMPANY Defendants CERTIFICATE OF SERVICE On the 25th day of May, 2011, 1 hereby certify that a true and correct copy of Plaintiffs' Reply To New Matter was served upon the following by depositing in U.S. Mail; Marc Moyer, Esq. Thomas, Thomas & Hafer 305 North Front Street P O Box 999 Harrisburg, PA 17108-0999 HANDLER, HENNING & ROSENBERG, LLP By: Fr., Anew . ears VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) ANDREW C. SPEARS, ESQUIRE, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. Date: .- ANDR C. ARS, ESQUIRE 11 `? 17 Ai1: 33 BERLANID COUNT 'ENN'SYI VAN'lA THOMAS, THOMAS & HAFER, LLP Marc A. Moyer, Esquire 717-441-3960 - direct Attorney I.D. #76434 mmoyer@tthlaw.com Todd B. Narvol, Esquire 717-237-7133 - direct Attorney I.D. No. 42136 tnarvol@,tthlaw.com 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Attorneys for Defendant DEBRA L. BARBER and MICHAEL BARBER, V. Plaintiffs USAA CASUALTY INSURANCE COMPANY, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 10-7914 CIVIL ACTION - LAW MOTION FOR JUDGMENT ON THE PLEADINGS OF DEFENDANT, USAA CASUALTY INSURANCE COMPANY AND NOW, comes Defendant, USAA Casualty Insurance Company, by and through its counsel, Thomas, Thomas & Hafer LLP, to file its Motion for Judgment on the Pleadings and, in support thereof, avers as follows: 1. Plaintiffs, Debra Barber and Michael Barber, initiated this matter through the filing of a Writ of Summons on December 29, 2001. 2. Plaintiffs, thereafter, filed a Complaint against Defendant, USAA Casualty Insurance Company, on February 14, 2011. 978167.1 3. Plaintiffs' single count Complaint arises out of a January 15, 2007 automobile accident from which Plaintiff alleges personal injuries. 4. Plaintiffs' Complaint asserts, inter alia, a claim for breach of contract based upon Defendant's alleged failure to "offer payment of the reasonable and fair value of [Plaintiff's] uninsured motorist claim" under her USAA Policy of Insurance, Policy No. 00581-04-02C- 7101-7 (the "Policy") stemming from the January 15, 2007 accident. See, Complaint, ¶¶20, 33, Exhibit "A". 5. On May 19, 2011, Defendant filed an Answer and New Matter to Plaintiffs' Complaint to which it attached a certified copy of the USAA Policy of Insurance. See, Answer and New Matter, Exhibit "B". 6. Plaintiffs, thereafter, filed a Reply to Defendant's New Matter on May 25, 2011. 7. Pursuant to Paragraphs 42-45 of its New Matter, Defendant asserted that Plaintiffs' claims for breach of contract based upon its purported failure to tender uninsured motorist benefits to the Plaintiffs is barred under the terms and conditions of the Policy, specifically., Part E - General Provisions. See, certified copy of Policy attached to Defendant's New Matter as Exhibit "A". 8. Notably, the operative provisions of the Policy required Plaintiffs to initiate the present legal proceedings within two years of the date of the subject automobile accident, or no later than January 15, 2009. 9. A Motion for Judgment on the Pleadings is in the nature of a demurrer and, therefore, a trial court must accept all of the well-pleaded allegations of the Party opposing the Motion as true, or as admitted, unless their falsity is apparent from the record, while only those facts specifically admitted by the Party opposing the Motion may be considered against him. 2 Further, a court may consider only the pleadings themselves, and any documents properly attached thereto. Bykowski v. Chesed Co., 425 Pa. Super. 595, 598, 625 A.2d 1256, 1258 (1993) (citing Standard Pennsylvania Practice, 2d §31:18); Kiel v. Good, 467 Pa. 317, 356 A.2d 768 (1976). 10. A Motion for Judgment on the Pleadings should be granted where the pleadings demonstrate that no genuine issue of fact exists, and the moving parry is entitled to judgment as a matter of law. Giddings v. Tartler, 567 A.2d 766, 767 (Pa. Commonwealth Ct. 1989). Where the moving parties' case is clear and free from doubt such that a trial would prove fruitless, the Motion should be granted. Toner v. Nationwide Insurance Co., 415 Pa. Super. 617, 620, 610 A.2d 53, 55 (1992). 11. It is well settled that a contractual provision limiting the time for commencement of suit on an insurance contract to a period shorter than that provided by the statute of limitations is valid is reasonable. See, Lardas v. Underwriters Insurance Co., 426 Pa. 47, 231 A.2d 740 (1967). 12. In this case, the provisions of the USAA Policy clearly and unequivocally required Plaintiffs to initiate this legal action for uninsured motorist benefits by January 15, 2009. 13. Because Plaintiffs did not initiate this suit until December 29, 2010, no genuine issue of fact exists as to Plaintiffs being barred from this suit under the terms and conditions of the Policy and, accordingly, Defendant USAA Casualty Insurance Company is entitled to judgment as a matter of law. 3 WHEREFORE, for the foregoing reasons, Defendant USAA Casualty Insurance Company, respectfully requests that this Honorable Court grant its Motion for Judgment on the Pleadings and that Plaintiffs' Complaint be dismissed with prejudice. Respectfully submitted, THOMAS, THOMAS & HAFER LLP BY: Aarc A. Byer, Esquire Todd B.. arvol, Esquire 305 N h Front Street, P.O. Box 999 Ham urg, PA 17108-0999 (717) 441-3960 Attorneys for Defendant Date: August 16, 2011 4 ( -PD DEBRA L. BARBER and MICHAEL BARBER, Plaintiffs V. USAA INSURANCE COMPANY, UNITED SERVICES AUTOMOBILE ASSOCIATION, USAA GENERAL INDEMNITY COMPANY, and USAA CASUALTY INSURANCE COMPANY Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-7914 CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, WITH INFORMATION ABOUT AGENCIES THAT PERSONS AT A REDUCED FEE OR NO FEE. THIS OFFICE MAY BE ABLE TO PROVIDE YOU MAY OFFER LEGAL SERVICES TO ELIGIBLE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 A V I S 0 USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion. dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 HANDLER, HENNING & ROSENBERG, LLP By: F- An&6w`G,.Spears, Esquire Andrew C. Spears, Esquire ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Phone: (717) 238-2000 Attorneys for Plaintiff Fax: (717) 233-3029 Email: Spears HHRLAW COM DEBRA L. BARBER and IN THE COURT OF COMMON PLEAS MICHAEL BARBER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 10-7914 USAA INSURANCE COMPANY, UNITED SERVICES AUTOMOBILE CIVIL ACTION - LAW ASSOCIATION, USAA GENERAL INDEMNITY COMPANY, and USAA CASUALTY INSURANCE COMPANY Defendants COMPLAINT AND NOW, come the Plaintiffs, Debra L. Barber and Michael Barber, by and through their attorneys, HANDLER, HENNING & ROSENBERG, by Andrew C. Spears, Esquire, and make the within Complaint against Defendants, USAA Insurance Company, United Services Automobile Association, USAA General Indemnity Company, and USAA Casualty Insurance Company, and, in support thereof, aver as follows: 1. Plaintiff, Debra L. Barber, is an adult individual currently residing at 605 Brisbain Lane, Enola, Cumberland County, Pennsylvania. 2. Plaintiff, Michael Barber, is an adult individual currently residing at 605 Brisbain Lane, Enola, Cumberland County, Pennsylvania. 3. At all times material hereto, Plaintiffs Debra L. Barber and Michael Barber were lawfully married. 4. Defendant, USAA Insurance Company (hereinafter referred to as "USAA Insurance") is an insurance company doing business in Pennsylvania and having its registered address at 9800 Fredericksburg Road, San Antonio, Bexar County, Texas. 5. Defendant, United Services Automobile Association (hereinafter referred to as "USAA") is an insurance company doing business in Pennsylvania and having its registered address at 9800 Fredericksburg Road, San Antonio, Bexar County, Texas. 6. Defendant, USAA General Indemnity Insurance Company (hereinafter referred to as "USAA General") is an insurance company doing business in Pennsylvania and having its registered address at 9800 Fredericksburg Road, San Antonio, Bexar County, Texas. 7. Defendant, USAA Casualty Insurance Company (hereinafter referred to as "USAA Casualty"), is an insurance company doing business in Pennsylvania and having its registered address at 9800 Fredericksburg Road, San Antonio, Bexar County, Texas. 8. At all times material hereto, Plaintiff, Debra L. Barber, was the owner and operator of a 2004 Ford Taurus bearing Pennsylvania registration number DBZ6439. (hereinafter referred to has "Plaintiff's vehicle") 9. At all times material hereto, the tortfeasor, an unknown driver, was the operator of a white hatch-back. 10. On or about January 15, 2007, at approximately 2:12 p.m., Plaintiff, Debra 2 L. Barber, was traveling northbound in a lawful traveling lane on Interstate 81 in Hampden Township, Cumberland County, Pennsylvania. 11. At approximately the same time and place, the unknown tortfeasor was also traveling northbound on Interstate 81 exceeding the posted speed limit and weaving in and out of traffic. 12. Plaintiff attempted to change lanes when suddenly and without warning, the unknown tortfeasor traveled around Plaintiff's vehicle onto the grass and crossed the center lane. 13. The unknown tortfeasor then lost control of the vehicle which moved back into the lane of travel causing Plaintiff's vehicle to strike the unknown tortfeasor's vehicle with her front right bumper. 14. As a direct and proximate result of the negligence of the tortfeasor, Plaintiff, Debra L. Barber, sustained personal injuries including, but not limited to, chronic cervical strain, central disc herniation, central stenosis and right upper extremity radiculopathy. 15. As a direct and proximate result of the negligence of the unknown tortfeasor, Plaintiff, Debra L. Barber, has suffered physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her physical, emotional and financial detriment and loss. 16. As a direct and proximate result of the negligence of the unknown tortfeasor, Plaintiff, Debra L. Barber, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend more for the same purposes in the future, to her detriment and loss. 17. As a direct and proximate result of the negligence of the unknown tortfeasor, 3 Plaintiff, Debra L. Barber, has suffered a loss of income and/or loss of earning capacity and may continue to suffer the same in the future, to her detriment and loss. 18. As a direct and proximate result of the negligence of the unknown tortfeasor, Plaintiff, Debra L. Barber, has been, and may in the future be hindered from attending to her daily duties, to her detriment, loss, humiliation and embarrassment. 19. As a direct and proximate result of the negligence of the unknown tortfeasor, Plaintiff, Debra L. Barber, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to her detriment and loss. 20. Prior to the aforementioned collision, Defendant, USAA Casualty, issued a policy of automobile insurance to Plaintiffs, policy number 00581 04 02C 7101 7. Said policy was in effect on the date of the aforementioned collision. (Hereinafter referred to as the "Policy") 21. At the time of the collision, Plaintiffs insured two vehicles on the Policy, which provided for $100,000.00 in uninsured motorist coverage with stacking. 22. At the time of the collision, Plaintiffs' policy with Defendant, USAA Casualty, provided for a total of $200,000.00 in uninsured motorist coverage. 23. As a result of the selection of uninsured motorist benefits, Plaintiffs paid and Defendant, USAA Casualty, accepted increased premium payments. 24. At the time Plaintiffs purchased the Policy they elected to stack their uninsured motorist benefits on both vehicles on the Policy, thereby increasing their available uninsured motorist benefits in order to protect their financial integrity in the event they were injured by the negligence of a driver who did not maintain adequate insurance coverage. 4 25. On February 14, 2008, Defendant, USAA Casualty, denied payment for treatment received after October 4, 2007, referring to the treatment as unnecessary and/or inappropriate. 26. On September 15, 2009, Plaintiff, Debra L. Barber, was recommended additional treatment, including formal physical therapy, medication and possible surgery, by her orthopedist. 27. On September 19, 2009, Defendant's insurance adjuster, Dorothy Ann Schwarz, made an offer of $6,000.00. 28. On August 16, 2010 Plaintiffs made a demand from Defendant, USAA Casualty, for the uninsured motorist policy limits of $200,000.00. 29. On September 28, 2010, Plaintiff's orthopedist noted that although Plaintiff's symptoms had improved before they reoccurred, Plaintiff will require additional treatment including formal physical therapy, medications and possible surgery. COUNT I - BREACH OF CONTRACT Debra L. Barber v. USAA INSURANCE COMPANY, et al 30. All prior paragraphs are incorporated herein as if fully set forth below. 31. Plaintiff, Debra L. Barber, has fully complied with the terms, conditions and duties required under the Policy. 32. Defendants, have failed to objectively and reasonably evaluate Plaintiffs' claims. 33. Defendants, have failed to promptly offer payment of the reasonable and fair value of the uninsured motorist claim to Plaintiff, Debra L. Barber. 34. Defendants, have failed to reasonably investigate Plaintiffs' claim inasmuch 5 as a thorough and proper inquiry would have revealed that Plaintiff, Debra L. Barber, sustained injuries, damages and losses, and she continues to suffer the same which would have required an offer of the Policy limits for reasonable compensation. 35. As the insurer of Plaintiff, Debra L. Barber, Defendants, owed a fiduciary, contractual and statutory obligation to investigate, evaluate and negotiate the uninsured motorist claim in good faith and to arrive at a prompt, fair and equitable settlement. 36. For the reasons set forth above, Defendants, have violated their obligations under the Policy. WHEREFORE, Plaintiffs, Debra L. Barber and Michael Barber, respectfully request this Honorable Court enter a judgment in Plaintiffs' favor, together with compensatory damages, attorney's fees and such other relief as this Honorable Court deems just and proper. Date: ?A?t? \? Respectfully Submitted HANDLER, HENNING & ROSENBERG, LLP By: Andre 'Spears, Esquire I.D. #87737 1300 Linglestown Road, Suite 2 Harrisburg, Pennsylvania 17110 (717) 238-2000 Spears@HHRLaw.com Attorneys for Plaintiff 6 DEBRA L. BARBER and MICHAEL BARBER, Plaintiffs V. USAA INSURANCE COMPANY, UNITED SERVICES AUTOMOBILE ASSOCIATION, USAA GENERAL INDEMNITY COMPANY, and USAA CASUALTY INSURANCE COMPANY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-7914 : CIVIL ACTION -LAW Defendants CERTIFICATE OF SERVICE On the 28th day of February, 2011, 1 hereby certify that a true and correct copy of Plaintiffs' Complaint was served upon the following by depositing in U.S. Mail; Marc Moyer, Esq. Thomas, Thomas & Hafer 305 North Front Street P O Box 999 Harrisburg, PA 17108-0999 Date: a. a HANDLER, HEN?NING & ROSENBERG, LLP By: Andrew C. Spears VERIFICATION THE UNDERSIGNED hereby verifies that the statements in the foregoing document are based on information that was gathered by counsel in preparation of this lawsuit. The language of the above-named document is of counsel and not my own. I have read the said document and, to the extent that it is based on information that I gave to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the said document is that of counsel, I have relied upon my counsel in preparing this Verification. THE UNDERSIGNED also understands that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252(d) C.S. Section 4904, relating to unsworn falsification to authorities. Date: ??` ??? VERIFICATION THE UNDERSIGNED hereby verifies that the statements in the foregoing document are based on information that was gathered by counsel in preparation of this lawsuit. The language of the above-named document is of counsel and not my own. I have read the said document and, to the extent that it is based on information that I gave to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the said document is that of counsel, I have relied upon my counsel in preparing this Verification. THE UNDERSIGNED also understands that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252(d) C.S. Section 4904, relating to unsworn falsification to authorities. Date: JI/DII -- Debra Barber 1. X A\ R) ?T r iLED-0F FICE eir THE PROTHONOTARY 2011 MAY 20 AM 11: 21 THOMAS, THOMAS & HAFER, LLP i CUMBERLAND COUNTY 717-441-3960 - direct re Marc A. Mover.. Esqu 4 . PENNSYLVANIA r77m0ve71rd!tth1cnv.coin . No. 764; Attorney 1.D 717-237-7133 - direct Todd B. Narvoi. Esquire - AttorneN J.D. No. 42136 tthlaw.cotn tnarvol c 305 N. Front Street' P.O. Box 999 Attornevs for Defendant Harrisburg. PA 17109-0999 DEBRA L. BARBER and MICHAEL BARBER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 10-7914 1'. USAA CASUALTY INSURANCE COMPANY. Defendant CIVIL ACTION - LAW NOTICE TO PLEAD TO: Plaintiffs. Debra L. Barber and Michael Barber c/o Andrew C. Spears. Esquire Handler. Heniunu & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg. PA 17110, Esquire You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days of service hereof or a judgment of non pros may be entered against vou. Thomas, Thomas & Hafer, LLP BY: A"' /oqt I quire (LD. No. 76434) Marc A. Moyer s ToddB.NarvpT, Esquire (I.D. No. 42136) Counsel for efendant Date: J A9 /?o THOMAS, THOMAS & HAFER, LLP Marc A. Moyer. Esquire 717-441-3960 - direct Attornev I.D. No. 76434 mmgverititthlarr.con? Todd B. Narvol. Esquire 717-237-7133 - direct Attorney I.D. No. 42136 tnarvol@tthlaw.com 30> N. Front Street P.O. Boa 999 Harrisburg. PA 17108-0999 Attornevs for Defendant DEBRA L. BARBER and MICHAEL BARBER. Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO.: 10-7914 N/. L'SAA CASUALTY INSURANCE COMPANS . Defendant CIVIL ACTION - LAW ANSWER OF DEFENDANT USAA CASUALTY INSURANCE COMPANY TO PLAINTIFFS' COMPLAINT TOGETHER WITH NEW MATTER AND NOW, by and through its attorneys.. Thomas.. Thomas & Hafer LLP, and respectfully submit their Answer with New Matter to Plaintiffs'' Complaint as follows: 1. After reasonable investigation. Defendant lacks sufficient lriowledge or infortation to form a belief as to the truthfulness of the averment set forth in Paragraph 1 of Plaintiffs' Complaint. The averments are, therefore. denied and proof thereof is demanded at time of trial. 2. After reasonable investigation. Defendant lacks sufficient laiowledge or information to form a belief as to the truthfulness of the averment set forth in Paragraph 2 of Plaintiffs' Complaint. The averments are, therefore, denied and proof thereof is demanded at tine of trial. Aer reasonable investigation. Defendant lacks sufficient Lnowledge or information to form a belief as to the truthfulness of the averment set forth in Paragraph 3 of Plaintiffs' Complaint. The averments are. therefore, denied and proof thereof is demanded at time of trial. 4. The averments set forth in Paragraph 4 of Plaintiffs Complaint have been stricken pursuant to the Court's April 12, 2011 Order. >. The averments set forth in Paragraph 5 of Plaintiffs Complaint have been stricken pursuant to the Court's April 121. 2011 Order. 6. The averments set forth Paragraph 6 of Plaintiffs Complaint have been stricken pursuant to the Court's April 12, 2011 Order. 7. Admitted. 8. After reasonable investigation, Defendant lacks sufficient knowledge or information to form a belief as to the truthfulness of the averment set forth in Paragraph 8 of Plaintiffs' Complaint. The averments are, therefore, denied and proof thereof is demanded at time of trial. 9. After reasonable investigation. Defendant lacks sufficient knowledge or information to form a belief as to the truthfulness of the averment set forth in Paragraph 9 of Plaintiffs' Complaint. The averments are, therefore, denied and proof thereof is demanded at time of trial. 10. After reasonable investigation. Defendant lacks sufficient knowledge or information to form a belief as to the truthfulness of the averment set forth in Paragraph 10 of Plaintiffs' Complaint. The averments are, therefore, denied and proof thereof is demanded at time of trial. 917671.1 11. After reasonable investigation. Defendant lacks sufficient Lnowledge or information to form a belief as to the truthfulness of the averment set forth in Paragraph 11 of Plaintiffs' Complaint. The averments are.. therefore, denied and proof thereof is demanded at time of trial. L. After reasonable investigation. Defendant lacks sufficient knowledge or information to form a belief as to the truthfulness of the averment set forth in Paragraph 12 of Plaintiffs' Complaint. The averments are. therefore, denied and proof thereof is demanded at time of trial. 13. After reasonable investigation. Defendant laths sufficient knowledge or information to form a belief as to the truthfulness of the averment set forth in Paragraph 13 of Plaintiffs' Complaint. The avennents are, therefore; denied and proof thereof is demanded at time of trial. 14. The avennents set forth in Paragraph 14 of Plaintiffs' Complaint are conclusions of la« to which no response is required. To the extent the averments are deemed to be factual in nature and a response is required, it is admitted only that Plaintiff. Debra L. Barber, contends she suffered injuries in an accident on January 15, 2007, for which she received treatment which she contends is covered. Defendant denies she is entitled to any further benefits. To the extent anvthing further is alleged, after reasonable investigation, Defendant lacks sufficient knowledge or information to fornn a belief as to the truth of the remaining averments set forth in Paragraph 14 of Plaintiffs' Complaint. The remaining averments are, therefore. denied and proof thereof is demanded at time of trial. 15. The averments set forth in Paragraph 15 of Plaintiffs' Complaint are conclusions of law to which no response is required. To the extent the avennents are deemed to be factual in 9 17671 . 1 3 nature. Defendant lacks sufficient knowledge or information to form a belief as to the physical pain. discomfort. mental anguish. if any. allegedly experienced by Plaintiff. Debra L. Barber. so as to properly respond. The averments are. therefore. denied and proof thereof is demanded at time of trial. 16. The averments set forth in Paragraph 16 of Plaintiffs' Complaint are conclusions of la« to which no response is required. To the extent the averments are deemed to be factual in nature. Defendant lacks sufficient knowledge or information to form a belief as to the amount of money Plaintiff. Debra L. Barber, was allegedly compelled to expend. if any. for medicine and/or medical attention in the past or into the future so as to properly respond. The averments are. therefore. denied and proof thereof is demanded at time of trial. 17. The averments set forth in Paragraph 17 of Plaintiffs' Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature. Defendant lacks sufficient lmowledge or information to form a belief as to the loss of income and/or loss of earning capacity. if any. Plaintiff. Debra L. Barber; has allegedly suffered in the past. or will suffer into the future so as to properly respond. The averments are. therefore, denied and proof thereof is demanded at time of trial. 18. The averments set forth in Paragraph 18 of Plaintiffs' Complaint are conclusions of lave to which no response is required. To the extent the averments are deemed to be factual in nature. Defendant lacks sufficient knowledge or information to form a belief as to the degree by which Plaintiff, Debra L. Barber is hindered from attending to her daily duties. if an-\in the past or into the future. to her detriment, loss, humiliation and embarrassment so as to properly respond. The averments are, therefore, denied and proof thereof is demanded at time of trial. 917671.1 4 I After reasonable investigation. Defendant lacks sufficient Lnowledge or information to form a belief as to the decree to which. if anv. Plaintiff. Debra L. Barber. has suffered the loss of life's pleasures in the past. or into the future so as to properly respond. The averments are. therefore. denied and proof thereof is demanded at time of trial. 20. Denied as stated. It is admitted Plaintiffs had a policy of insurance with USAA Casualty Insurance Company. Policy No. 00581 04 02C 7101 7, effective November 2.. 2006 through Mae 2.2007. To the extent the averments set forth in Paragraph 21 of Plaintiffs' Complaint refer to an automobile policy- of insurance. the police is a written document which speaks for itself and. therefore, need not be admitted or denied. The UIM endorsement on the Policy of insurance is a written document which speaks for itself and. therefore. need not be admitted or denied. By way of further Answer, the averments set forth in Paragraph 21 of Plaintiffs' Complaint are denied to the extent they are inconsistent therewith. ??. To the extent the averments set forth in Paragraph 22 of Plaintiffs` Complaint refer to an automobile policy of insurance, the police is a written document which speaks for itself and. therefore. need not be admitted or denied. The UIM endorsement on the Policy of insurance is a written document which speaks for itself and.. therefore. need not be admitted or denied. By way of further Answer.. the averments set forth in Paragraph 22 of Plaintiffs' Complaint are denied to the extent they are inconsistent therewith. 23. To the extent the averments set f67-th in Paragraph 23 of Plaintiffs' Complaint refer to an automobile policy of insurance, the Policy is a written document which speaks for itself and. therefore, need not be admitted or denied. 917671.1 5 24. To the extent the averments set forth in Paragraph 24 of Plaintiffs` Complaint refer to an automobile police of insurance, the Policy is a written document which speaks for itself and. therefore. need not be admitted or denied. By wav of further Answer. Defendant is without sufficient knowledge or information to form a belief as to Plaintiffs` intended purpose for obtaininu said Polio. >. To the extent the averments set forth in Paragraph 2- of Plaintiffs' Complaint refer to February 14. 2008 written correspondence, the correspondence is a writing which speaks for itself and. therefore., need not be admitted or denied. By way of further Answer, Defendant denies Paintif£ Debra L. Barber, is entitled to any further benefits. 26. After reasonable investigation. Defendant lacks sufficient luiowledae or information to form a belief as to the truthfulness of the averments set forth in Paragraph 26 of Plaintiffs' Complaint as to the need of Plaintiff, Debra L. Barber, to receive additional treatment, including formal physical therapy, medication and possible surgery, so as to properly- respond. The averments are, therefore, denied and proof thereof is demanded at time of trial. 27. To the extent the averments set forth in Paragraph 27 of Plaintiffs` Complaint refer to written correspondence, the correspondence is a writing which speaks for itself and, therefore. need not be admitted or denied. 28. Admitted based upon information and belief. 29. After reasonable investigation.. Defendant lacks sufficient lalowledge or information to form a belief as to the truthfulness of the averments set forth in Paragraph 29 of Plaintiffs` Complaint as to the need of Plaintiff, Debra L. Barber, to receive additional treatment, including formal physical therapy, medication and possible surgery, so as to properly respond. The averments are. therefore, denied and proof thereof is demanded at time of trial. 917671.1 6 COURT I - BREACH OF CONTRACT Debra L. Barber v. USAA CAStALTY INSURANCE COMPANY 30. Paragraphs 1 through 29 of Defendant's Answer are hereby incorporated as though fu11N set forth at length herein. ] . The averments set forth in Paragraph 31 of Plaintiffs' Complaint are conclusions of law to which no response is required. 3?. Denied. It is denied Defendant has failed 1.0 objectively and reasonably evaluate Plaintiffs' claims. 33. Denied. It is denied Defendant has improperly failed to promptly offer payment of the reasonable and fair value of the uninsured motorist claim to Plaintiff. Debra L. Barber. 34. Denied. It is denied Defendant has failed to reasonably investigate Plaintiffs' claim. Defendant further denies the remaining characterizations set forth in Paragraph 34 of Plaintiffs' Complaint or that Plaintiff. Debra L. Barber, is entitled to any further benefits under the Police. 35. The averments set forth in Paragraph 35 of Plaintiffs' Complaint have been stricken pursuant to the Court's April 12, ?011 Order. 36. The averments set forth in Paragraph 35 of Plaintiffs' Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is denied Defendant violated any obligations under the Policy of insurance. WHEREFORE. Defendant USAA Casualty Insurance Company respectful]y requests that this Honorable Court enter judgment in its favor and against Plaintiffs. and that Plaintiffs" Complaint be dismissed with prejudice. 917671.1 7 NEW MATTER 37. Paragraphs 1 through 36 of Defendant's Answer are hereby incorporated as though fulIN set forth at length herein. 38. The amount sought by Plaintiffs must be reduced and/or may be barred by the applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility- Law, 75 Pa.C.S. § 1701 et. seg. including. but not limited to, its peer review provisions. 3 ). Defendant acted in a reasonable manner and in the handling of Plaintiffs' claim. under the circumstances. 40. Defendant has acted in accordance with all laws. regulations, and terms and conditions of the Policy of insurance throughout the handling of Plaintiffs' claim. 41. Plaintiffs have received all money they are entitled to under the Policy of insurance and applicable law. 42. Plaintiffs' recovery may be barred and/or limited in accordance with the Policy terms and conditions. 43. Plaintiff. Debra L. Barber, was involved in the motor vehicle accident forming the basis for this action on January 15, 2007. 917671.1 8 44. The Policy of Insurance upon which this claim is based. Part E-General Provisions. provides in pertinent part. LEGAL ACTION AGAINST US C. Under Part C: 1. No action can be brought against us for any claim involving an unisured motor vehicle unless the action is brougTht within two years from the date of the accident. See. Exhibit "A" 45. Plaintiffs initiated this action by Writ of Summons filed with the Court of Cominon Pleas of Cumberland County on December 29, 2010. 46. Any recovery in this action is limited to the sums Plaintiffs are legally entitled to recover as damages from the owner or driver of the white hatch-back, to the extent it was under insured and subject to the terms, conditions and limits of the insurance contract. Accordingly, Plaintiffs' claim is subject to all defenses that would have been asserted by the white hatch-back owner or driver. including, but not limited to all thresholds and provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, contributory negligence and any failure to mitigate darna(2es. 47. Plaintiffs' Complaint fails to state a claim for which relief can be granted pursuant to Pennsylvania law. 48. Defendant has at all times relevant hereto acted in compliance with the terms, conditions and provisions of the Policy of insurance and applicable law. 49. Plaintiffs' claims may be barred and/or limited by the applicable statute of limitations. 917671.1 9 50. Plaintiffs* claims may be barred and/or diminished b\ the terms and conditions of the Police of insurance. WHEREFORE. Defendant USAA Casualty Insurance Company respectfully requests that this Honorable Court enter judgment in its favor and aaainst Plaintiffs. and that Plaintiffs' Complaint be dismissed with prejudice. Respectfully submitted. THOMAS. TH4 S & HAFER LLP BY: re A. over squire (I.D. No. 76434) Todd B. Nary/, Esquire (I.D. No. 42136) 305 North ont Street, P.O. Box 999 Harrisburg, PA 17105-0999 717-441-3960 Q Attorneys for Defendant Date: 9]7671.1 10 VERIFICATION I, Dorothy Schwarz, have read the foregoing Answer & Nu?v Matter to Plaintiffs' Complaint and hereby affirm that it is true and correct to the best of nay personal knowledge, information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa.C.S. § 4904. STATL OF TEXAS Before me. the undersigned notary public for the State of Texas, on this day personally appeared Mary Ann Rice, Administrative Support Manager and custodian of records ofd USAA Casualty Insurance Company, and after being by me duly sworn and upon her oath says that an exact duplicate of the USAA Casualty Insurance Company, 00581 04 02C 7101 7, including any applicable endorsements and forms, issued to DEBRA L BARBER, effective January 15, 2007, has been prepared under her direction and is attached hereto. K r ? Mary %An Rice, Administrative Support Manager Subscribed and sworn to before me by said Mary Ann Rice, Administrative Support Managei this ;?-day of February, 2011 at San Antonio, Texas, to certify which witness my hand and seal at office. Isabel Cruz Y•PU•• "`= ISABEL CRUZ Notary Public g,r '= MY COMMISSION EXPIRES July 25, 2012 State of Texas f•4,,.. My commission expires on Jul 25 ?012 Exhibit "A" q2s. %ts-It USAAG DEBRA L BARBER 605 BRISBAIN LN ENOLA PA 17025-1557 AUTOMOBILE POLICY PACKET 002549 SEPTEMBER 26, 2006 CIC 00581 04 02 71C7 7 POLICY PERIOD: EFFECT. VE NOV 02 2006 TO MAY 02 2007 PALL MAIL MCFi-M IMPORTANT MESSAGES Refer to your Declarations Page and endorsements to verify that coverages, limits, deductibles and other policy details are correct and meet your insurance needs. Required information forms are also enclosed for your review. IF' YOU CARRY COLLISION COVERAGE FOR DAMAGE TO YOUR AUTO, YOU ALSO HAVE COVERAGE FOR COLLISION DAMAGE TO RENTAL VEHICLES. PLEASE NOTE THAT THE DEDUCTIBLE AND ALL APPLICABLE POLICY TERMS AND LIMITATIONS APPLY. Your renewal policy contains some important changes. Please read the attached form, IMPORTANT CHANGES TO YOUR AUTO POLICY, for details about these changes. Thank you for renewing_ your policy and allowing us to continue servicing your insurance needs. it you have any concerns or need to modify or cancel the renewal policy, please contact us Immediately. JSAA considers many factors when determining your premium. Maintaining safe driving habits is one of the most important steps you can take in keeping your premium as low as possible. A history of claim or- driving_ acti.v"-v and your USAA payment history may affect your policy premium. We nave provided your CD cards in this packet. You can use the cads .. show proof of insurance, if necessary. This is not a bill. Any premium charge or change for this policy will be reflected on your next regular monthly .;tatement. Your current billing statement should stila be paid by the due date indicated. To receive this document and others electronically, or manage your Auto Policy online, go to usaa.corn. For U.S. calls: Policy Service (800) 531-81 1 1. Claims (800) 531-8222. ACS1 49708- 0406 ,Ac?; THIS PAGE INTENTIONALLY LEFT BLANK PAGE -------------------------- ------------------------- NAIL PENNSYLVANIA FINANCIAL cSPONSIBILITY IDENTIFICATION CARD CODE 25968 USAA CASUALTY INSURANCE COMPANY I I I I POLICY NUMBER I 0058-. 04 02C 1.-D . DEBRA L BART= EFFECTIVE DATE 605 BRISBAIN LN 7.1/02/06 ENOLA PA 17025 1557 NOT VALID MORE THAN SIX ' MONTHS FROM EFFECTIVE DATE I UWCE 15SUING THI5 CARE) F9800 Fredericksburg Road I I SAN ANTUNIU, TEXAS 18288 I I ' Applicable with respect to the tollo wing Motor Vehicle: AUTHUHIZEB HEPRESENTA TIVE I I 2001 FORD 2FMZA52401BB08485 I I YEAH MAKE VEHICLE IUENTIFICATIUN NUMBER SEE IMPORTANT MESSAGE ON REVERSE SIDE o9%a6/06-------------------------------------------- IMPORTANT NOTICE . . . regarding your Financial Responsibility Identification Card. The USAA Group is required by Pennsylvania law to send you an ID Card. The card shows that an insurance policy has been issued for the vehicle(s) described satisfying the financial responsibility requirements of the law. If you lose the card, contact us for a replacement. The ID Card information may be used for vehicle registration and replacing license plates- If your liability insurance policy is not in effect, the ID card is no longer valid. When you are asked, the ID Card must be shown to any police officer. In the event of an accident, each driver has the right to see the other driver's insurance ID Card. You are required to maintain financial responsibility on your vehicle. It is against Pennsylvania law to use the ID Card fraudulently, such as using the card as proof of financial responsibility after the insurance policy is terminated Cut out your ID card and keep it with your motor vehicle at all times. For your convenience, you can request a duplicate Auto Insurance ID card on-line at usaa.com. r ------------------------------------------------------- NAIC PENNSYLVANIA FINANCIAL RESPONSIBILITY IDENTIFICATION CARD CODE ' 25968 USAA CASUALTY INSURANCE COMPANY I I I POLICY NUMBER t I 00581 04 02C 7101 I DEBRA L BARBER EFFECTIVE DATE I I 605 B RISBAIN LN 11/02/06 ENOLA ' PA 17025-1557 NOT VALID MORE THAN SIX MONTHS FROM EFFECTIVE DATE UFFIEE ISSUING THIS CARD ' 1 980U fredericksburg Hold I I SAN ANTUNIU. TEXAS IB288 I \, . l I Applicable with respect to the tollo wing Motor Vehicle: AUTHURILEU REPRESENTATIVE I I 53PA2 Rev. 3-01 2004 FORD 1FAFP53254AI91808 YEAH MAKE VEHICLE IUENTIFICATIUN NUMBER SEE IMPORTANT MESSAGE ON REVERSE SIDE DACH THIS CARD MUST BE CARRIED FOR PRODUCTION UPON DEMAND. IT IS SUGGESTED THAT YOU CARRY THIS CARD IN THE INSURED VEHICLE. WARNING: Any owner or registrant of a motor vehicle who operates or permits a motor vehicle to be driven in this Commonwealth without the required financial responsibility may have his registration suspended or revoked. NOTE: THIS CARD 15 REQUIRED WHEN: (a) You are involved in an auto accident. (b) You are convicted of a traffic offense other than a parking offense that requires a court appearance. (c) Upon request of a police officer when you are stopped for violating any provision of the Vehicle Code (75 PA. C.S. 55101 - 9910). You must provide a copy of this card to the Department of Transportation when you request restoration of your operating privilege or registration privilege which has previously been suspended or revoked. FOR POLICY SERVICE, CALL 1-800-531-8111 FOR AUTO/PROPERTY CLAIMS, CALL 1-800-?,3- 8222 ID CARDS, ID CARDS,. THIS CARD MUST BE CARRIED FOR PRODUCTION UPON DEMAND. IT IS SUGGESTED THAT YOU CARRY THIS CARD IN THE INSURED VEHICLE. WARNING; Any owner or registrant of a motor vehicle who operates or permits a motor vehicle to be driven in this Commonwealth without the required financial responsibility may have his registration suspended or revoked. NOTE: TH15 CARD 15 REQUIRED WHEN: (a) You are involved in an auto accident. (b) You are convicted of a traffic offense other than a parking offense that requires a court appearance. (c) Upon request of a police officer when you are stopped for violating any provision of the Vehicle Code (75 PA. G.S. $$101 - 991 0). You must provide a copy of this cad to the Department of Transportation when you request restoration of your operating privilege or registration privilege which has previously been suspended or revoked. FOR POLICY SERVICE, CALL 1-800-53i-8111 FOR AUTO/PROPERTY CLAIMS, CALL 1-800-53--8222 ADDL INFO ON NEXT PAGE MAIi? Mc:?--M-I USAA CASUALTY IV RANCE COMPANY F EWAL OF ' ? ' IA Stock Insurance Company) State 0 4 0 5 Yeh POLICY NUMBER USW 9800 Fredericksburg Road - San Antonio, Texas 78288 rerr 00581 04 02C 7101 7 PENNSYLVANIA AUTO POLICY POLICY PERIOD: (12:01 A.M. standard time) RENEWAL DECLARATIONS EFFECTIVE Nov 02 2006 TO MAY 02 2007 (ATTACH TO PREVIOUS POLICY) OPERATORS Named Insured and Address 01 DEBRA L BARBER 03 MICHAEL P BARBER DEBRA L BARBER 605 BRISBAIN LN ENOLA PA 17025-1557 Descri tion of Vehicle(s) VEH USES WUHK/SCHUUL Mil U VEH YEAR TRADE NAME MODEL BODY TYPE AV NUqL MjLEAGE IDENTIFICATION NUMBER SYM es ee e?s ark 04 01 FORD WINDSTAR SE WAGON 4X2 10000 2FMZA52401BB08485 12 W 03 5 05 04 FORD TAURUS SE SED 4D 10000 1FAFP53254A191808 10 W 10 5 The Vehicle(s) described herein is principally garaged at the above address un ess otherwise stated. W/C-Workl5chool' P iWsiness; [-Farm; P-Pleasure VEH 04 ENOLA PA 17025-1557 VEH 05 ENOLA PA 17025-1557 This [3o icy provides ONLY those. coverages wh ere a premium is shown below. The limits shown may De reduced by policy provisions and ma y not be combined regardless of the number of vehicles for which a premium is listed unless sp ecifically authorized elsewhere in this policy. VEH VEH VEH VEH COVERAGES LIMITS OF LIABILITY 04 6-MONTH 05 6-MONTH ("ACV" MEANS ACTUAL CASH VALUE) D=DED PREMIUM D=DED PREMIUM D=DED PREMIUM D=DED PREMIUM AMOUN $ AMOUNT S MOUN S _ AMOUNT 5 PART A - LIABILITY 130DILY INJURY EA PER $ 100,00 EA ACC $ 200,00 68.85 68.85 PROPERTY DAMAGE EA ACC $ 50,00 54.69 54.69 PART B - FIRST PARTY BENEFITS MEDICAL EXPENSE $ 5,000 14.69 14.69 PART C - UNINSURED MOTORISTS STACKED BODILY INJURY EA PER $ 100,00 EA ACC $ 200,00 13.00 13.00 PART C - UNDERINSURED MOTORISTS STACKED BODILY INJURY EA PER $ 100,000 EA ACC $ 200,00 27.79 27 79 PART D - PHYSICAL DAMAGE COVERAGE COMPREHENSIVE LOSS ACV LESS D 100 30.22 100 29.34 COLLISION LOSS ACV LESS D 500 102.81 500 109.90 TOTAL PREMIUM - SEE FO LOWI G PAG (S) LOSS PAYEE EH 04 FORD MOTOR CREDIT, TUCSON AZ EH 05 FORD MOTOR CREDIT, MINNEAPOLIS MN ENDORSEMENTS: P.DDED 11-02-06 - A100PA(0 3) A400CW(02) REMAIN IN EFFECT(REFER TO PREVIOUS POLIC Y)- A089(04) 5100PA(01) rNFORMATION FORMS(NOT PART OF POLICY)- 50PA(03) 39PA(01) 60PA(02) 663PAC 999PACIC(17) 2A „04 01220 00 0 1;P5 01220 00 0 III VYiiNtJJ WrttMtur, We nave CauseU MIS policy tU UV signeU Uy our rresiueni anu Z?eeieiary di Jdll FAIILUIIIU, IVAda, on this date SEPTEMBER 26, 2006 5000 c Steven Alan Bennett, Secretary Joseph H. Wehrle Jr. , President USAA CASUALTY IV RANCE COMPANY %F iA Stock Insurance Company) State Veh POLICY NUMBER USAAW-' 9800 Fredericksburg Road - San Antonio, Texas 78288 Terr 00521 04 02C 7101 7 PENNSYLVANIA AUTO POLICY POLICY PERIOD: (12:01 A.M. standard time) RENEWAL DECLARATIONS EFF ECTIVE NOV 02 2006 TO MAY c2 2007 (ATTACH TO PREVIOUS POLICY) Named Insured and Address DEBRA L BARBER 605 BRISBAIN LN ENOLA PA 17025-1557 Description of Vehicle(s) VEH USE WORK/501JUL Miles Ua s VEH YEAR TRADE NAME MODEL BODY TYPE MIANNUAL LEAGE IDENTIFICATION NUMBER SYM un y S1, f I e e Ic e s described herein is pnnclpa y yarage a the a ove address un ess o eryvise stated. W(C-Work/SChaoI; 8<BUSineu; t<f afro; P-Pleasure Is policy provides ONLY those coverages wh ere a pre mium is shown below. The limits shown may be reduced by policy provisions and ma y not be combined regardless of the number of vehicles for which a premium is listed unless s ecificall authorized elsewhere in this lie . COVERAGES LIMITS OF LIABILITY V EH ("ACV" MEANS ACTUAL CASH VALUE) D=DED PREMIUM D=DED PREMIUM D=DED PREMIUM D=DED PREMIUM AMOUN 5 AMOUNT S MOUN S MOUNT] S VEHICLE. TOTAL PREMIUM 312.05 318.26 6 MONTH PREMIUM $ 630.31 FULL TORT APPLIES HE FOLLOWING COVERAGE(S) DEFINED THIS POLIC Y ARE NOT PROVIDED FOR.: VEH 04 - RENTAL REIMBURSEMENT, T WING D LAB OR VEH 05 RENTAL REIMBURSEMENT, T WING D LAB OR THE LAWS OF THE COMMONWEALTH OF ENNS VANIA, AS ENACTED BY T E GENERAL ASSEMBLY, ONLY REQUIRE T T Y PURCH ASE LIABILITY ANE FIRST PARTY MEDICAL BENEFIT COVERAGES. ANY A DDITIONAL COVERAGES OR COVERAGES IN EXCESS OF THE LIMITS R EQUIRED BY LAW ARE PROVIDED ONLY AT YOUR REQUEST AS ENHANCEMENTS BASIC COVERAGES. THE PREMIUM FOR THE BASIC COVERA E IS: BI 15/30 $ 80.94 PD 5000 $ 99.00 FIRS. PARTY MEDICAL BENEFIT 5000 $ 29.38 I E C N F M T7 In WITNESS WHEHEUF, we have caused this policy to be on this date 5000 C signed by our President and Secretary at San Antonio, Texas, SEPTEMBER 26, 2006 Steven Alan Bennett, Secretary Joseph H. Wehrle Jr., President CIC 00581 04 02 710', 1 ` SUPPLEMENTAL INFORMATION USW EFFECTIVE NOV 02 2C06 TO MAY 02 2007 The following approximate premium discounts or credits have already been applied to reduce your policy premium costs. NOTE: Age or senior citizen status, if allowed by your state/location, was taken into consideration when your rates were set and your premiums have already been adjusted VEHICLE 04 ANTI-THEFT DISCOUNT -$ 3.36 MULTI-CAR DISCOUNT -$ 53.02 PASSIVE RESTRAINT DISCOUNT -$ 6.30 VEHICLE INJURY RATING DISCOUNT -$ 7.53 VEHICLE 05 ANTI-THEFT DISCOUNT -$ 3. 26 MULTI-CAR DISCOUNT -$ 54. 38 PASSIVE RESTRAINT DISCOUNT -$ 6 .30 VEHICLE INJURY RATING DISCOUNT -$ 7 .53 SUPDECCW Rev 7-95 SEPTEMBER 26, 2006 c1c 00581 04 02 7:01 AMENDMENT OF POLICY PROVISIONS PENNSYLVANIA This Amendment forms a part of the auto policy to which it is attached, and it modifies that policy as follows: DEFINITIONS Definition K., Temporary substitute vehicle, is deleted. The following definitions are revised: F. Miscellaneous vehicle means the following motorized vehicles: motorhome; golf cart; snowmobile; all-terrain vehicle; or dune buggy. R. Newly acquired vehicle. 1. Newly acquired vehicle means a vehicle, not insured under another policy, that is acquired by you or any family member during the policy period and is: a. A private passenger auto, pickup, or van; N. Your covered auto, except as modified in Part 8 -- First Party Benefit means: 1. Any vehicle shown on the Declarations 2. Any newly acquired vehicle. 3. Any trailer you own. The following definitions are added: O. Driving contest or challenge includes, but is not limited to: 1. A competition against other people, vehicles, or time; or 2. An activity that challenges the speed or handling characteristics of a vehicle, or improves or demonstrates driving skills, provided the activity occurs on a track or course that is closed from nonparticipants P Fungi means any type or form of fungi, including mold or mildew, and includes any mycotoxins, spores, scents, or byproducts produced or released by fungi. Q. Motorcycle means a two-or three-wheeled motor vehicle that is subject to motor vehicle licensing in the location where the motorcycle is principally garaged. A100PA(03) Rev. 10-06 b. A miscellaneous vehicle that is not used in any business or occupation; or c. A motorcycle, but only if a motorcycle is shown on the current Declarations. 1 We will automatically provide for the newly acquired vehicle the broadest coverages as are provided for any vehicle shown on the Declarations. If your policy does not provide Comprehensive Coverage or Collision Coverage, we will automatically provide these coverages for the newly acquired vehicle subject to a $250 deductible for each loss. 3. Any automatic provision of coverage under R.2. will apply for up to 30 days after the date you or a family member becomes the owner of the newly acquired vehicle. If you wish to continue coverage for the newly acquired vehicle beyond this 30-day period, you must request it during this 30-day period, however, we have the right to refuse to continue some or all of the coverage after that 30-day period. If you request coverage after this 30-day period, any coverage that we agree to provide will be effective at the date and time of your request unless we agree to an earlier date. 53169-1006 Page 1 of 6 c1c 00581 04 02 7101 4. You must pay an additional premium, as set out in Part E, Changes, B.3., for any coverage we provide under R 2. or R.3. above. PART A - LIABILITY COVERAGE EXCLUSIONS Exclusion B.4. is revised as follows: 4. Any vehicle while being operated in, or in practice for, any driving contest or challenge. The following exclusion is added: E. We do not provide Liability Coverage for BI sustained as a result of exposure to fungi, wet or dry rot, or bacteria. PART B - MEDICAL PAYMENTS COVERAGE INSURING AGREEMENT The Insuring Agreement is replaced in its entirety by the following: Medical Payments Coverage. 1 _ We will pay only the reasonable fee for medically necessary and appropriate medical services and the reasonable expense for funeral services. These fees and expenses mus t: a Result from BI sustained by a covered person in an auto accident; and b. Be incurred for services rendered within 18 months of the date of the auto accident. 2. We or someone on our behalf will review, by audit or otherwise, claims for benefits under this coverage to determine if the charges are reasonable fees for medically necessary and appropriate services or reasonable expenses for funeral services A provider of medical or funeral services may charge more than the amount we determine to be reasonable fees and reasonable expenses, but such additional charges are not covered. EXCLUSIONS Exclusion 1 1. is revised as follows: 1 1. Sustained while a participant in, or in practice for, any driving contest or challenge. The following exclusion is added: 12. Sustained as a result of a covered person's exposure to fungi, wet or dry rot, or bacteria. PART C - UNINSURED MOTORISTS COVERAGE (STACKED) (referred to as UM) and UNDERINSURED MOTORISTS COVERAGE (STACKED) (referred to as UIM) DEFINITIONS Definitions B., Uninsured motor vehicle is revised: B. Uninsured motor vehicle means a land motor vehicle or trailer of any type: 1. To which no liability bond, policy or self-insurance applies at the time of the accident A100PA(03) Rev. 10-06 Page 2 of 6 CIC 00581 04 02 71.01 2. To which a liability bond or policy applies at the time of the accident but its limit for bodily injury liability under such bond or policy is less than the minimum limits specified by the financial responsibility law of the state in which the insured vehicle is principally garaged. B. Underinsured motor vehicle means a land motor vehicle or trailer of any type to which a liability bond, policy or self-insurance applies at the time of the accident, but its available limits for BI liability are insufficient to pay losses and damages. 3. That is a hit-and-run motor vehicle. This means a motor vehicle whose owner or operator cannot be identified and that hits. a You or any family member; b. A vehicle you or any family member are occupying; or c. Your covered auto. 4. To which a liability bond or policy applies at the time of the accident but the bonding or insuring company denies coverage or is or becomes insolvent within six years after the accident. However, the definition of an uninsured motor vehicle does not include: 1. An underinsured motor vehicle; or 2_ Any vehicle or equipment: a. Owned by or furnished or available for the regular use of you or any family member. b. Owned or operated by a self-insurer under any applicable motor vehicle law. c Operated on rails or crawler treads, except for a snowmobile. d. Designed mainly for use off public roads while not on public roads. e While located for use as a residence or premises. Definitions B Underinsured motor vehicle is revised: However, the definition of an underinsured motor vehicle does not include: 1. An uninsured motor vehicle; or 2 Any vehicle or equipment: a. Owned by or furnished or available for the regular use of you or any family member if: (1) The named insured on this policy; or (2) the covered person making a claim under this policy is the named insured on the liability bond or policy applicable to the underinsured motor vehicle. However, this provision shall not apply if such vehicle or equipment is covered by a policy of liability insurance separate and distinct from the policy under which UIM benefits are claimed b. Operated on rails or crawler treads, except for a snowmobile. c. Designed mainly for use off public roads while not on public roads d. While located for use as a residence or premises. UNINSURED MOTORISTS COVERAGE (STACKED) EXCLUSIONS Exclusion B. is replaced by the following: A100PA(03) Rev. 10-06 Page 3 of 6 CTC We do not provide UM Coverage for BI sustained by any covered person while occupying, or when struck by, any motor vehicle owned or regularly used by you or any family member which is not insured for UM Coverage under this policy. This includes a trailer of any type used with that vehicle. Exclusion C.4. is replaced by the following: 4 While occupying any vehicle when it is being operated in, or in practice for, any driving contest or challenge. UNDERINSURED MOTORISTS COVERAGE (STACKED) INSURING AGREEMENT UNDERINSURED MOTORISTS COVERAGE The following paragraph is added: E We will pay under this coverage only after the limits of liability under any applicable bodily injury liability bonds or policies have been exhausted by payment of judgments or settlements. EXCLUSIONS 00581 04 0: 710 Exclusion B. is replaced by the following: We do not provide UIM Coverage for BI sustained by any covered person while occupying, or when struck by, any motor vehicle owned or regularly used by you or any family member which is not insured for UIM Coverage under this policy. This includes a trailer of any type used with that vehicle. Exclusion CA. is replaced by the following: 4. While occupying any vehicle when it is being operated in, or in practice for, any driving contest or challenge. ARBITRATION The Arbitration provisions for Uninsured Motorists Coverage and Underinsured Motorists Coverage are deleted in its entirety. PART E - GENERAL PROVISIONS CHANGES 2. Change in description, equipment, purchase date, registration, cost, usage, Paragraph B. is revised as follows: miles driven annually, or operators of any vehicle. B. If, during the policy period, the risk exposure changes for any of the following 3. Replacement or addition of any vehicle reasons, we will make the necessary A replacement or additional vehicle is a premium adjustments effective the date of newly acquired vehicle. You must pay change in exposure. Change in exposure the applicable premium for the newly means the occurrence of an event listed in acquired vehicle beginning on the date B.1. through B.7. or in E. below, or a similar you or a family member becomes the event that may increase or decrease the owner of the vehicle. See DEFINITIONS policy premium. You agree to give us - newly acquired vehicle. notice of any exposura change as soon as is reasonably possible. Changes that may 4. Deletion of a vehicle. The named insured result in a premium adjustment include, but may request that a vehicle shown on the are not limited to, the following: Declarations be deleted from this policy The effective date of this change 1. Change in location where any vehicle is cannot be earlier than the date of the garaged named insured's request unless we agree to an earlier date A100PA(03) Rev. 10-06 Page 4 of 6 PAGE. 2 CSC '581 04 0: 710] 5. Change in date of birth, marital status, driver's license information, or driving record of any operator. 6 Additional or deletion of an operator 7. Change, addition, or deletion of any coverage or limits. A. No legal action may be brought against us until there has been full compliance with all the terms of this policy In addition, under Part A, no legal action may be brought against us until we agree in writing that the covered person, as defined in Part A, has an obligation to pay, or the amount of that obligation has been finally determined by judgment after trial. The following paragraph is added: E. Deployment 1 If, because of your active-duty deployment in one of the military services of the United States, you have reduced the coverage on your covered auto and placed the vehicle in storage, then, upon your return from the deployment, we will automatically reinstate the coverage that was on the vehicle prior to the deployment-caused reduction. 2. Any automatic reinstatement of coverage under E.I. will apply for up to 60 days after the date you returned from deployment. If you wish to continue the reinstated coverage beyond the 60-day period, you must request it during the 60-day period. If you request reinstated coverage after this 60-day period, any coverage we agree to provide will be effective at the date and time of your request unless we agree to an earlier date. 3. you must pay an additional premium, as set out in Part E., changes, 5.7., for the reinstated coverage. LEGAL ACTION AGAINST US The Legal Action Against Us section is replaced in its entirety by the following: B. No person or organization has any right under this policy to bring us into any action to determine the liability of a covered person, as defined in this policy. C. Under Part C: 1 _ No action can be brought against us for any claim involving an uninsured motor vehicle unless the action is brought within two years from the date of the accident. 2. No action can be brought against us for any claim involving an underinsured motor vehicle unless the action is brought within: (a) two years from the date of the accident, or (b) one year from the date that the covered person has an enforceable right to payment under this coverage, whichever is later. OWNERSHIP The Ownership section is replaced in its entirety by the following: For purposes of this policy, a vehicle is deemed to be owned by a person if leased under a written agreement to that person for a continuous period of at least six months. AIDOPA(03) Rev. 10-06 Page 5 of 6 PA( E 1? cic -581 04 OZ 7101 The following section is added: SPOUSE ACCESS TERMINATION Paragraph A.1. is revised as follows: A The named insured and we agree that the named insured and resident spouse are "customers" for purposes of state and federal privacy laws. The resident spouse will have access to the same information available to the named insured and may initiate the same transactions as the named insured. B The named insured may notify us that he/she no longer agrees that the resident spouse shall be treated as a "customer" for purposes of state and federal privacy laws, and we will not permit the resident spouse to access policy information. A. Cancellation This policy may be cancelled during the policy period as follows: 1. You may cancel the policy at any time, but the effective date of cancellation cannot be earlier than the date of the request unless we agree to an earlier date. Copyright, USAA, 2006- All rights reserved. Includes copyrighted material of Insurance Services Office, used with permission. A100PA(03) Rev. 10-06 Page 6 of 6 vGi; 14 CIC 00-58-1 04 02 7101 AMENDMENT OF POLICY PROVISIONS This Amendment forms a part of the auto policy to which it is attached, and it modifies that policy as follows: This Amendment replaces Part D in its entirety. PART D - PHYSICAL DAMAGE COVERAGE DEFINITIONS D Loss means direct and accidental damage to the operational safety, function, or A. Actual cash value means the amount that it appearance of, or theft of, your covered would cost, at the time of loss, to buy a auto or equipment and accessories that comparable vehicle. As applied to your are not permanently installed in your covered auto, a comparable vehicle is one covered auto. Loss includes a total loss, but of the same make, model, model year, body does not include any damage other than the type, and options with substantially similar cost to repair or replace. Loss does not mileage and physical condition. include any loss-of-use, or diminution in value that would remain after repair or B Collision means the impact with an object replacement of the damaged or stolen and includes upset of a vehicle. Loss caused property. by the following is covered under Comprehensive Coverage and is not E. Nonowned vehicle. considered collision: fire; missiles or falling objects; hail, water or flood; malicious 1. Nonowned vehicle means any private mischief or vandalism; theft or larceny; riot passenger auto, pickup, van, or civil commotion; explosion or earthquake; miscellaneous vehicle, or trailer not contact with bird or animal; windstorm; or owned by, or furnished or available for breakage of window glass. If breakage of the regular use of, you or a family window glass is caused by a collision you member. This applies only when the may elect to have it considered a loss vehicle is in the custody of or being caused by collision. operated by you or a family member. C. Equipment and accessories means the following while in or upon your covered auto: 1 Any item usual and incidental to the use of a motor vehicle as a motor vehicle. 2. A nonowned vehicle does not include any of the following vehicles used in any business or occupation other than farming or ranching: a. A pickup; 2. Any device or instrument for transmitting, recording, receiving or reproducing data, sound, or pictures that is capable of being operated by power from the electrical system of your covered auto, including: a_ Cassettes, compact discs, digital video discs (DVD's) and other media for use with any such device or instrument; or b. Antennas and other accessories for use with any such device or instrument. b. A van; or c. A miscellaneous vehicle. F. Repair 1. Repair means restoring the damaged property to its pre-loss operational safety, function, and appearance This may include the replacement of component parts. 2. Repair does not require: a. A return to the pre-loss market value of the property; A4000W(02) Rev 4--05 Page 1 of 5 14 C)' ? C1C 0? 8 b. Restoration, alteration, or replacement of undamaged property, unless such is needed for the operational safety of the vehicle; or c Rekeying of locks following theft or misplacement of keys. G. Your covered auto, as used in this Part, includes: 1. Equipment and accessories permanently installed in your covered auto. 2. A nonowned vehicle. If there is a loss to a nonowned vehicle, we will provide the broadest coverage shown on the Declarations. INSURING AGREEMENT b. If Increased Rental Reimbursement Coverage is afforded, limits for transportation expenses are increased up to $30 per day to a maximum of $900 B. Collision Coverage. We will pay for loss caused by collision to your covered auto, and equipment and accessories that are not permanently installed in your covered auto, minus any applicable deductible shown on the Declarations. C. Rental Reimbursement Coverage and Increased Rental Reimbursement Coverage (for loss other than total theft). 1. We will reimburse you for expenses you incur to rent a substitute for your covered auto. These coverages apply only if: A Comprehensive Coverage (excluding collision) 1 Physical damage. We will pay for loss caused by other than collision to your covered auto, and equipment and accessories that are not permanently installed in your covered auto, minus any applicable deductible shown on the Declarations. The deductible will be waived for loss to window glass that can be repaired rather than replaced. In cases where the repair proves unsuccessful and the window glass must be replaced, the full amount of the deductible, if any, must be paid. 2. Transportation expenses. We will also pay: a. Up to $15 a day, to a maximum of $450, for transportation expenses incurred by you. This applies only in the event of a total theft of your covered auto. We will pay only transportation expenses incurred during the period beginning 48 hours after the theft and ending when your covered auto is returned to use or, if not recovered or not repairable, up to seven days after we have made a settlement offer. a. Your covered auto is withdrawn from use for more than 24 hours due to a loss, other than a total theft, to that auto; and b. The loss is covered under Comprehensive Coverage or caused by collision, and the cause of loss is not otherwise excluded under Part D of this policy- 2. We will reimburse you only for that period of time reasonably required to repair or replace your covered auto. If we determine your covered auto is a total loss, the rental period will end no later than seven days after we have made a settlement offer. D. Towing and Labor Costs Coverage. We will pay the reasonable costs you incur for one of the following each time your covered auto is disabled: 1. Mechanical labor up to one hour at the place of breakdown. 2. Towing, to the nearest place where necessary repairs can be made during regular business hours, if the vehicle will not run or is stranded on or immediately next to a public road. 3. Delivery of gas to, or a change of tire on a disabled vehicle. However, we do not pay for the cost of these items. A4000W(02) Rev 4-05 Page 2 of 5 LIMIT OF LIABILITY A. Total loss to your covered auto. Our limit of liability under Comprehensive Coverage and Collision Coverage is the actual cash value of the vehicle. We will declare your covered auto to be a total loss if, in our judgment, the cost to repair it would be greater than its actual cash value minus its salvage value after the loss. B. Other than a total loss to your covered auto. 1 Our limit of liability under Comprehensive Coverage and Collision Coverage is the amount necessary to repair the loss based on our estimate or an estimate that we approve, if submitted by you or a third party. Upon request, we will identify at least one facility that is willing and able to complete the repair for the amount of the estimate. 2. Our estimate may specify used, rebuilt, remanufactured, or non-Original Equipment Manufacturer (non-OEM) parts. 3. 4 You may request that damaged parts be replaced with new Original Equipment Manufacturer IOEM) parts- You will be responsible, however, for any cost difference between the parts included in our estimate and the new OEM parts used in the repair. We will not take a deduction for depreciation. We will take a deduction if prior damage has not been repaired. Prior damage does not include wear and tear C. Equipment and accessories that are not permanently installed in your covered auto. The limits of liability described below are separate from the limits available for a loss to your covered auto: 1. Our limit of liability for media described in Definition C.2.a., is the lesser of: a The amount necessary to replace the damaged or stolen property; or b. $250. c1 c 0058- 04 02 /,v; 2. Our limit of liability for loss to all other equipment and accessories not permanently installed in your covered auto is the lesser of: a. The amount necessary to repair or replace the damaged or stolen property; or b. $3,000. 3. We will not take a deduction for depreciation. D. Under Rental Reimbursement Coverage, our limit of liability is $15 a day, to a maximum of $450. Under Increased Rental Reimbursement Coverage, our limit of liability is $30 a day, to a maximum of $900. E. Under Towing and Labor Costs Coverage, our limit of liability is the reasonable price for the covered service. PAYMENT OF LOSS We may pay for loss in money, or repair or replace the damaged or stolen property. We may, at our expense, return any stolen property to you or to the address shown on the Declarations. If we return stolen property we will pay for any damage resulting from the theft. We may keep all or part of the damaged or stolen property and pay you an agreed or appraised value for it. We cannot be required to assume the ownership of damaged property. We may settle a claim either with you or with the owner of the property. A4000W(02) Rev. 4-05 Page 3 of 5 cI^ r 8 oz LOSS PAYABLE CLAUSE Loss or damage under this policy will be paid, as interest may appear, to the named insured and the loss payee shown on the Declarations. This insurance, with respect to the interest of the loss payee, will not become invalid because of your fraudulent acts or omissions unless the loss results from your conversion, secretion, or embezzlement of your covered auto. We may cancel the policy as permitted by policy terms and the cancellation will terminate this agreement as to the loss payee's interest. We will give the same advance notice of cancellation to the loss payee as we give to the named insured shown on the Declarations. We may send notices to the loss payee either by mail or by electronic means. However, if the loss payee requests in writing that we not send notices, including a notice of cancellation, we will abide by that request. When we pay the loss payee we will, to the extent of payment, be subrogated to the loss payee's rights of recovery. WAIVER OF COLLISION DEDUCTIBLE 2. Damage due and confined to wear and tear, freezing, or road damage to tires. This does not apply if the damage results from the total theft of your covered auto. This exclusion (2.) does not apply to Towing and Labor Costs Coverage. 3. Damage due and confined to mechanical or electrical breakdown or failure, including such damage resulting from negligent servicing or repair of your covered auto or its equipment We will pay for ensuing damage only to the extent the damage occurs outside of the major component (such as trans miss ionltransaxIe, electrical system, engine including cooling and lubrication thereof, air conditioning. computer, suspension, braking, drive assembly, and steering) in which the initial mechanical or electrical breakdown or failure occurs. This exclusion (3.) does not apply if the damage results from the total theft of your covered auto, and it does not apply to Towing and Labor Costs Coverage We will not apply the deductible to loss caused by collision with another vehicle if all of these conditions are met: 1. The loss to your covered auto is greater than the deductible amount; and 2. The owner and driver of the other vehicle are identified; and 1 The owner or driver of the other vehicle has a liability policy covering the loss; and 4 The driver of your covered auto is not legally responsible, in any way, for causing or contributing to the loss. EXCLUSIONS We will not pay for: 1 Loss to your covered auto which occurs while it is used to carry persons for a fee. This exclusion (1.) does not apply to a share-the-expense car pool 4. Loss due to or as a consequence of war, insurrection, revolution, nuclear reaction, or radioactive contamination. 5. Loss to a camper body or trailer you own which is not shown on the Declarations. This exclusion (5.) does not apply to one you acquire during the policy period and ask us to insure within 30 days after you become the owner- 6. Loss to any nonowned vehicle when used by any person without a reasonable belief that that person is entitled to do so. 7 Loss to equipment designed or used to evade or avoid the enforcement of motor vehicle laws. 8. Loss to any nonowned vehicle arising out of its use by you or a family member while employed or otherwise engaged in auto business operations. 9. Loss to your covered auto while it is rented or leased to others 10. Loss to any vehicle while it is being operated in, or in practice for, any driving contest or challenge. A400CW(02) Rev. 4-05 Page 4 of 5 rr»c, i_o CIC 0058'- 04. 02 710'.. 1 1. Loss resulting from: a The acquisition of a stolen vehicle; b. Any legal or governmental action to return a vehicle to its legal owner; or NO BENEFIT TO BAILEE This insurance shall not directly or indirectly benefit any carrier or other bailee for hire. OTHER SOURCES OF RECOVERY c. Any confiscation or seizure of a vehicle by governmental authorities. This exclusion (11.) does not apply to innocent purchasers of stolen vehicles for value under circumstances that would not cause a reasonable person to be suspicious of the sales transaction or the validity of the title. 12. Loss resulting from use in any illicit or prohibited trade or transportation. 13. Any loss arising out of any act committed: a. By or at the direction of you or any family member; and b. With the intent to cause a loss. 14. Loss caused by fungi, wet or dry rot, or bacteria. This means the presence, growth, proliferation, spread, or any activity of fungi, wet or dry rot, or bacteria This exclusion (14.) does not apply to damage directly resulting from a loss covered under Comprehensive Coverage or Collision Coverage. If other sources of recovery also cover the loss, we will pay only our share of the loss. Our share is the proportion that our limit of liability bears to the total of all applicable limits. However, any insurance we provide with respect to a nonowned vehicle will be excess over any other collectible source of recovery including, but not limited to: 1. Any coverage provided by the owner of the nonowned vehicle 2. Any other applicable physical damage insurance. 3. Any other source of recovery applicable to the loss. This provision does not apply to Towing and Labor Costs Coverage. APPRAISAL If we and you do not agree on the amount of loss, either may demand an appraisal. In this event, each party will select a competent appraiser. The two appraisers will select an umpire. The appraisers will state separately the actual cash value and the amount of loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will pay its chosen appraiser and share the expenses of the umpire equally. Neither we nor you waive any rights under this policy by agreeing to an appraisal. Copyright, USAA, 2004. All rights reserved. Includes copyrighted material of Insurance Services Office, used with permission. A400OW(02) Rev. 4-05 Page 5 of 5 c1c 00581 04 02 Important Changes to Your Auto Policy Below you will find a brief overview of changes we have made to your Pennsylvania Auto Policy. Please note that the coverage descriptions are intended to give you a high level understanding of these changes- This summary does not provide any coverage, and it does not replace any of the provisions of your policy. For details about the terms and conditions, please read the endorsement and Declarations page in this renewal packet- If there is a conflict between the policy and this summary, the provisions of the policy apply. We have made changes to Endorsement A100PA and Endorsement A400CW, which were in effect during your expiring policy period. If you have questions or need to change your coverage, please call a USAA member service representative at (800) 531-8111. ENDORSEMENT A100PA • Definitions "Temporary substitute vehicle" is no longer a defined term. A temporary substitute vehicle will now receive the same coverage as other nonowned vehicles. We have added new definitions to clarify the meaning of these terms: Driving contest or challenge - Fungi Motorcycle - Newly acquired vehicle • Exclusions - The exclusion for damage occurring while your covered auto is engaged in, or in practice for, a speed contest has been broadened to extend to all driving contests or challenges. - Losses caused by fungi (mold) are not covered. • Newly acquired vehicles Coverage for a newly acquired vehicle is automatically provided for up to 30 days. You must notify us within the 30-day period if you want coverage to continue. Premium will be due from the date you acquire the vehicle. - A newly acquired vehicle includes replacement or additional vehicles and miscellaneous vehicles (such as motor homes) not used in business, but does not include motorcycles, unless your policy currently covers a motorcycle. - During this 30-day period, coverage for such vehicles is the same as the broadest coverage of any vehicle on your policy. If there is no physical damage coverage on your policy, we will provide this coverage subject to a $250 deductible. • Medical Payments Coverage The time limit for Medical Payments Coverage is reduced from three years from the date of the accident to 18 months from the date of the accident to be consistent with First Party Benefit Coverage. 60369-1006 50PA(03) Rev. 10-06 Page 1 of 2 CIC 00581. 04 02 71-0i Uninsured Motorists Coverage (Stacked) (referred to as UM) and Underinsured Motorists Coverage (Stacked) (referred to as UIM) - We do not provide UM or UIM to any covered person while occupying, or when struck by, any motor vehicle owned or regularly used by you or any family member which is not insured for UM or UIM under this auto policy- - We will pay under UIM after the limits of liability under any applicable bodily injury liability bonds or policies have been exhausted by payment of judgements or settlements - Creation of a limitation where no action can be brought against us for any claim involving an uninsured motor vehicle unless the action is brought within two years from the date of the accident. - Creation of a limitation where no action can be brought against us for any claim involving an underinsured motor vehicle unless the action is brought within two years from the date of the accident, or one year from the date that the covered person has an enforceable right to payment under this coverage, whichever is later. • Active duty deployment If you reduced coverage and placed your vehicle in storage during your active duty deployment, we will reinstate your previous coverage for 60 days after your return- You must notify us within the 60-day period if you want coverage to continue past this period and pay premium from the date of your return. ENDORSEMENT A400OW (Changes to Physical Damage Coverage) • Nonowned motorcycles The definition of a nonowned vehicle no longer includes a motorcycle. Your policy does not provide Comprehensive Coverage or Collision Coverage for a nonowned motorcycle. • Rental Reimbursement and Transportation Expenses - If you purchase Rental Reimbursement Coverage, we will pay for a rental car following a total loss for up to 7 days after we make a settlement offer. If you purchase Comprehensive Coverage and your vehicle is stolen and not recovered, we will pay for a rental car for up to 7 days after we make a settlement offer. - Rental Reimbursement Coverage does not apply for losses that are excluded under Comprehensive Coverage or Collision Coverage. • Repairing your vehicle We will pay the amount necessary to repair the damage to your vehicle based on our estimate or an estimate that we approve. At your request, we will identify at least one shop willing to complete the repair for the estimated amount. Our estimate may specify used, rebuilt, remanufactured or non-Original Equipment Manufacturer (non-OEM) parts. You may request that new OEM parts be used,- however, you will be responsible for any cost difference. Equipment and accessories Coverage for equipment and accessories that are not permanently attached to your vehicle is limited to $3,000 or replacement cost, whichever is less. If you carry your laptop computer in your vehicle, you should consider adding a personal computer endorsement to your homeowners or renters policy. • Exclusions Losses caused by fungi (mold) are not covered. The exclusion for damage occurring while your covered auto is engaged in, or in practice for, a speed contest has been broadened to extend to all driving contests or challenges 50PA(03) Rev 10-06 Page 2 of 2 c1C 0058: C4 C2 7-Cc' WARNING NOTICE PENNSYLVANIA ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME AND SUBJECTS SUCH PERSON TO CRIMINAL AND CIVIL PENALTIES. 39PA(01) 6-95 CIC 00581 J4 02 710- NOTICE OF TORT OPTIONS The laws of the Commonwealth of Pennsylvania give you the right to choose either of the following tort options A. "Limited Tort" Option -- The laws of the Commonwealth of Pennsylvania give you the right to choose a form of insurance that limits your right and the right of members of your household to seek financial compensation for injuries caused by other drivers. Under this form of insurance, you and other household members covered under this policy may seek recovery for all medical and other out-of-pocket expenses, but not for pain and suffering or other nonmonetary damages unless the injuries suffered fall within the definition of "serious injury" as set forth in the policy, or unless one of several other exceptions noted in the policy applies. Additional coverages under this option are available at additional cost. B. "Full Tort" Option -- The laws of the Commonwealth of Pennsylvania also give you the right to choose a form of insurance under which you maintain an unrestricted right for you and the members of your household to seek financial compensation for injuries caused by other drivers. Under this form of insurance, you and other household members covered under this policy may seek recovery for all medical and other out-of-pocket expenses and may also seek financial compensation for pain and suffering and other nonmonetary damages as a result of injuries caused by other drivers. Additional coverages under this option are available at additional cost. To select your tort option, you must complete form # 60EPA, "TORT OPTION SELECTION". If you have any questions about the tort options listed above please contact Policy Service at 1- 800--531 -81 11. 60PA(02) Rev. 3-01 II I" r, :3 CIC 0058; 04 02 7'01 First Party Benefits and Extraordinary Medical Benefits Coverages in Pennsylvania Below, you will find a brief explanation of Medical Payments and Extended Benefits Coverage. Please remember that this is designed to be a simple overview. Coverage is subject to all the provisions and exclusions described in your insurance policy. The decisions you make regarding the level of coverage in these areas may affect your insurance premium. When purchasing these coverages, it is important to understand that you will be reimbursed only for reasonable and necessary medical expenses. Bills are audited, and amounts charged which are not reasonable, or charges incurred for treatment which is not necessary, will not be reimbursed. Any amounts not qualifying for reimbursement are your responsibility. Please see your policy for details. If you have further questions, feel free to contact a member service representative by calling (800) 531-811 1 Coverage Descriptions First Party Benefits (FPB): The limits described under First Party Benefits are on a per person, per accident basis. 1. First Party Benefits - $5,000 (FPS) - Mandatory • Provides • Medical Expense Benefit - up to $5,000- 11- Added First Party Benefits (AFPB) - Optional • Provides • Medical Expense Benefit - up to $100,000. • Work Loss Benefit - up to $50,000, payable up to $2,500 a month. • Funeral Expense Benefit - up to $2,500. • Accidental Death Benefit - up to $25,000. Ill. Combination First Party Benefits (CFPB) - Optional • Available in overall limits up to $277,500- . Provides for a combination of benefits including: • Medical Expense Benefit. • Work Loss Benefit. • Funeral Expense Benefit. • Accidental Death Benefit Extraordinary Medical Benefits Coverage (EMB) - Optional • Pays for medical and rehabilitative expenses that exceed $100,000 per person. • Subject to a yearly limit of $50,000 and an aggregate maximum of $1,000,000 per person, per accident. However, this yearly limit does not apply to expenses incurred within the first 18 months of eligibility for EMS. If your automobile medical expense protection (First Party Benefits) provides less than $100,000 per person in medical coverage, you will have a "gap" in coverage between that limit and the $100,000 where EMS begins. 663PA CIC{03) Rev. 9-04 Page 1 of 4 Cic 0 0 5 8 1 04 02 07 Before making a decision to purchase EMB, please review all sources of medical expense protection you currently carry. In addition to the limit of First Party Benefits coverage on your auto policy, you should also consider medical coverage available for you under your military benefits, your employer, and/or any other personal medical or health insurance policy you may carry. 663PA CICI03f Rev. 9-04 Page 2 of 4 r'AV E 1 `, c1c 00581 04 02 710] Rejection/Selection Form If you do not wish to make any changes to your current policy, no action is required. If you would like to make changes to your policy, please complete, sign and return the form below Semi-annual premiums shown are approximate, vary by location and are subject to change. LIMITED TORT RATES All Premiums are on a Per Vehicle Basis BASIC FIRST PARTY BENEFITS (FPB) ? Medical Expense Benefits $5,000 Premium $19 ADDED FIRST PARTY BENEFITS (AFPB) (You may choose one limit from any or all of these or CFPB) Medical Expense Benefits Limit Premium ? S 10,000 $18 ? S 25,000 $44 ? s 50,000 $59 ? $100,000 $76 Work Loss Benefits Limit Premium ? S 5,000/$1,000 mo. $ 8 ? $ 15,000/$1,000 mo. $14 ? $ 25,000/'$1,500 mo. $26 ? $ 50,000/$2,500 mo. $52 Accidental Death Benefit Limit Premium ? $ 5,000 S 7 ? $ 10,000 $10 ? $ 25,000 $18 COMBINATION FIRST PARTY BENEFITS (CFPB) Funeral Expense Benefit Limit Premium ? S 1,500 $ 3 ? $ 2,500 $ 5 Overall- Limit Funeral Expense Accidental Death Premium ? $ 50,000 $2,500 $10,000 $ 61 ? $100,000 $2,500 $10,000 $ 80 ? $277,500 $2,500 $25,000 $108 -The Overall Limit also includes Medical Expense and Work Loss Benefits (unless Exclusion of Work Loss Benefit applies). EXTRAORDINARY MEDICAL BENEFITS (EMB) Overall Limit (Per Person) Single Car Multi Car ? $1,000,000 $20 $19 USAA Number Home Phone Signature of Named Insured Alternate Phone Date Please fax your completed form to (800) 531-8877 or mail it to the following address: USAA, 9600 Fredericksburg Road, San Antonio, Texas 78288 If this form is sent by facsimile machine (fax), the sender adopts the document received by USAA as a duplicate original and adopts the signature produced by the receiving fax machine as the sender's original signature. 663PA CIC(03) Rev. 9-04 Page 3 of 4 rnvr: .: c CIC 00581 04 02 7101 Rejection /Selection Form If you do not wish to make any changes to your current policy, no action is required. If you would like to make changes to your policy, please complete, sign and return the form below. Semi-annual premiums shown are approximate, vary by location and are subject to change FULL TORT RATES All Premiums are on a Per Vehicle Basis BASIC FIRST PARTY BENEFITS (FPB) ? Medical Expense Benefits $5,000 Premium $32 ADDED FIRST PARTY BENEFITS (AFPB) (You may choose one limit from any or all of these or CFPB) Medical Expense Work Loss Accidental Death Funeral Expense Benefits Be nefits Benefit Benefit Limit Premium Limit Premium Limit Premium Limit Premium ? S 10,000 $35 ? S 5,000/$1,000 mo. $13 ? S 5,000 $1 1 ? $ 1,500 S 5 ? $ 25,000 $44 ? $ 15,000/$1,000 mo. $24 ? $ 10,000 $17 ? $ 2,500 $10 ? $ 50,000 $62 ? $ 25,000/$1,500 mo. $44 ? $ 25,000 $31 ? $100,000 $82 ? $ 50,000/$2,500 mo. $87 COMBINATION FIRST PARTY BENEFITS (CFPB) Overall- Limit Funeral Expense Accidental Death Premium ? $ 50,000 $2,500 $10,000 $102 ? $100,000 $2,500 $10,000 $135 ? $277,500 $2,500 $25,000 $180 *The Overall Limit also includes Medical Expense and Work Loss Benefits (unless Exclusion of Work Loss Benefit applies) EXTRAORDINARY MEDICAL BENEFITS (EMB) Overall Limit (Per Person) Single Car Multi Car ? $1,000,000 $25 $24 USAA Number Home Phone Signature of Named Insured Alternate Phone Date Please fax your completed form to (800) 531-8877 or mail it to the following address: USAA, 9800 Fredericksburg Road, San Antonio, Texas 78288 If this form is sent by facsimile machine (fax), the sender adopts the document received by USAA as a duplicate original and adopts the signature produced by the receiving fax machine as the sender's original signature. 663PA CIC(03) Rev_ 9-04 Page 4 of 4 CIC 0058' 04 C2 7101 Uninsured/Underinsured Motorists Coverage in Pennsylvania Below, you will find a brief explanation of Uninsured/Underinsured Motorists coverages. Please remember that this is designed to be a simple overview. Coverage is subject to all the provisions and exclusions described in your insurance policy. The decisions you make regarding the level of coverage in these areas may affect your insurance premium. Please see your policy for details. If you have further questions, feel free to contact a member service representative by calling (800) 531-81 1 1. Coverage Descriptions Uninsured Motorists Coverage (UM): • Can be rejected. • UM limit cannot exceed your Bodily Injury (BI) limit. • Protects if you are injured by an uninsured motorist who is at fault. • Protects against injury caused by a hit-and-run driver. • Once rejected or reduced, future renewals will remain the same. Underinsured Motorists Coverage (UIM) • Can be rejected. • UIM limit cannot exceed your Bodily Injury (BI) limit. • Pays for injury caused by a motorists with liability limits less than the amount of damages you are entitled to recover. His policy pays first, then yours pays the lesser of (1) any remaining loss, or (2) your UIM limits- • Once rejected or reduced, future renewals will remain the same. 999PA CIC(17) Rev. 11-04 Page 1 of 6 cIC 00581 0? 02 7101 THIS PAGE INTENTIONALLY LEFT BLANK 999PA CIC(17) Rev. 11-04 Page 2 of 6 'SC 0052=. 04 02 7103 If you do not wish to make any changes to your current policy, no action is required. If you would like to make changes to your policy, please use the form below. Semi-annual premiums shown are approximate and are subject to change. Please see your policy for details. If you wish to reject Uninsured or Underinsured Motorists Coverage or Stacking, or if you have further questions, feel free to contact a member service representative by calling (800) 531-81 11. LIMITED TORT RATES Uninsured Motorists Coverage Limits Single Car Multi Car (Per person/Per accident) STACKED NON-STACKED ? s 15,000/s 30,000 S 2-51 $ 3.27 5 251 ? S 20,000/s 40,000 $ 3.57 $ 4 54 S 3.57 ? s 25,000/$ 50,000 $ 4.40 $ 5.39 s 440 ? s 50,000/s 100,000 $ 5.45 $ 6.96 s 545 ? s 100,000/s 200,000 $ 7.14 S 9.21 $ 714 ? s 100,000/s 300,000 S 7.54 S 9.64 $ 7 54 ? $ 300,000/$ 500,000 $13.62 $17.80 $13.62 ? s 500,000/$ 1,000,000 $15.08 $19.11 $15.08 ? 51,000,000/51,000,000 $16.76 $21.23 516.76 ? I have indicated the Uninsured Motorists coverage l imits I want on this policy. I reject any other Uninsured Motorists limits. Underinsured Motorists Coverage Limits Single Car Multi Car (Per person/Per accident) STACKED NON-STACKED ? s 15,000/6 30,000 $ 3.21 $ 4.98 $ 3.21 ? $ 20,000/$ 40,000 $ 4.50 $ 7.77 $ 4.50 ? $ 25,000/$ 50,000 $ 5.79 $ 9.87 S 5.79 ? $ 50,000/$ 100,000 $ 8.04 $11.66 s 8.04 ? s 100,000/$ 200,000 $14.46 $19.69 $1446 ? $ 100,000/$ 300,000 $15.43 $21.28 $15.43 ? $ 300,000/S 500,000 $28.45 $42.76 $28.45 $ 500,000/$ 1,000,000 $30.21 $46.60 $30.21 ? $1,000,000/$ 1,000,000 $32.79 $53.33 $32.79 ? 1 have indicated the Underinsured Motorists coverage limits I want on this policy. i reject any other Underinsured Motorists limits. Rejection/Selection Form USAA Number Signature of Named Insured ( ) Alternate Phone Home Phone Date Please fax your completed form to (800) 53 1-8877 or mail it to the following address: USAA, 9800 Fredericksburg Road, San Antonio, Texas 78288. If this form is sent by facsimile machine (fax), the sender adopts the document received by USAA as a duplicate original and adopts the signature produced by the receiving fax machine as the sender's original signature. 999PA CIC(17) Rev. 11-04 Page 3 of 6 II AGS 3C *005810402999PA* 999PA CI017) Rev. 1 1-04 Page 4 of 6 PAGL c1c 0058_ 01 02 .7C1 Rejection[Selection Form If you do not wish to make any changes to your current policy, no action is required. If you would like to make changes to your policy, please use the form below. Semi-annual premiums shown are approximate and are subject to change. Please see your policy for details. If you wish to reject Uninsured or Underinsured Motorists Coverage or Stacking, or if you have further questions, feel free to contact a member service representative by calling (800) 53 1-8 1 1 1. FULL TORT RATES Uninsured Motorists Coverage Limits Single Car Multi Car (Per person/Per accident) STACKED NON-STACKED ? s 15,000/$ 30,000 $ 4.19 $ 5.44 S 4 19 ? s 20,000/S 40,000 $ 5.95 S 7.57 S 5.95 ? S 25,000/$ 50,000 S 7.33 S 8.98 $ 7.33 ? $ 50,000/s 100,000 $ 9.09 $11.60 $ 9.09 ? $ 100,000/8 200,000 $11.89 $15.35 $11-89 ? S 100,000/$ 300,000 $12.56 $16.06 $12.56 ? S 300,000/$ 500,000 $22.70 $29.67 $22.70 ? s 500,000/$ 1,000,000 $25.13 $31.85 $25.13 ? $ 1,000,000/$ 1,000,000 $27.93 $35.39 $27.93 ? I have indicated the Uninsured Motorists coverage limits I want on this policy. I reject any other Uninsured Motorists limits. Underinsured Motorists Coverage Limits Single Car Multi Car (Per person/Per accident) STACKED NON-STACKED ? $ 15,000/s 30,000 $ 419 $ 8.31 $ 4.19 ? $ 20,000/$ 40,000 S 5.86 $12.96 $ 5.86 ? $ 25,000/S 50,000 $ 7.54 $16.45 $ 7.54 ? $ 50,000/$ 100,000 $10.47 $19.44 $10.47 ? S 100,000/S 200,000 $18.85 $32.82 $18.85 ? $ 100,000/$ 300,000 $20.10 $35.47 $20.10 ? s 300,000/$ 500,000 $37.06 $71.28 $3706 ? S 500,000/s 1,000,000 $39.37 $77.68 $39.37 ? S 1,000,000/8 1,000,000 $42.72 $88.90 $42.72 ? I have indicated the Underins ured Motorists coverage limits I want on this p olicy. I reject any other Underinsured Motorists coverage limits. USAA Number I ) Home Phone Signature of Named Insured Alternate Phone Date Please fax your completed form to (800) 531-8877 or mail it to the following address: USAA, 9800 Fredericksburg Road, San Antonio, Texas 78288. If this form is sent by facsimile machine (fax), the sender adopts the document received by USAA as a duplicate original and adopts the signature produced by the receiving fax machine as the sender's original signature. 999PA CIC(17) Rev. 1 1-04 Page 5 of 6 LAJ':' ! Auh -? L *005810402999PA* *005810402999PA* 999PA CIC(17) Rev. 11-04 Page 6 of 6 FIRST PARTY BENEFITS ENDORSEMENT - PENN. r LVANIA The Definitions and General Provisions of this Policy apply unless modified by this endorsement. Part B - First Party Benefit: All provisions apply except for the following which are replaced in their entirety. INSURING AGREEMENT c. Any loss of income or expenses incurred for services performed, The following benefits apply only if shown on the during the first 5 working days the Declarations. covered person did not work after the accident because of the BI. A. First Party Benefits 3. Funeral Expense Benefit. Actual expenses We will pay the First Party Benefit to or for a incurred for a covered person's funeral, covered person who sustains BI caused by an burial, or cremation, or other form of accident arising out of the maintenance or use of a disposition, if BI resulting from the auto motor vehicle. accident causes their death within 24 months from the date of the accident. These First Party Benefits consist of: 1. Medical Expense Benefit. We will pay only the medical expenses for necessary medical treatment and rehabilitative services because of BI caused by an auto accident, sustained by a covered person. 2. Work Loss Benefit. 4. Accidental Death Benefit. A death benefit paid to the executor or administrator of the deceased covered person's estate if BI resulting from the auto accident causes the death of you or any family member within 24 months from the date of the accident. If there is no executor or administrator, benefits shall be paid to: a. Loss of income. Up to 80% of gross income actually lost by a covered person as a result of the accident; and b. Reasonable expenses actually incurred to reduce loss of income by hiring: (1) Special help, thereby enabling the covered person to work; or (2) A substitute to perform the work a self-employed covered person would have performed. However, Work Loss Benefit does not include: a. Lcss of expected income for any period following the death of a covered person; or b. Expenses incurred for services performed following the death of a covered person; or a. The deceased covered person's surviving spouse; or b. If there is no surviving spouse, the deceased covered person's surviving children; or c. If there is no surviving spouse or surviving children to the deceased covered person's estate. B. Combined Benefits We will pay Combined Benefits to or for a covered person who sustains BI caused by an accident arising out of the maintenance or use of a motor vehicle. Combined Benefits shall be subject to a maximum total single limit of liability with individual limits for specific benefits as shown on the Declarations. We will only pay Combined Benefits for expenses or loss incurred within 3 years from the date of the accident. A089(04) Rev. 7-00 Page 1 of 2 These benefits are subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility law. Combined Benefits consist of the following, as described above: 1. Medical Expense Benefit; 2. Work Loss Benefit; 3 Funeral Expense Benefit; and 4. Accidental Death Benefit. LIMIT OF LIABILITY The following provisions represent the most we will pay regardless of the number of covered persons or beneficiaries, claims made, vehicles or premiums shown in the Declarations, or vehicles involved in an auto accident: A. Medical Expeiise Benefits 1. The limit of liability shown in the Declarations for First Party Benefits Coverage is the maximum limit of liability for each covered person injured in any one accident. 2. No one will be entitled to receive duplicate payments for the same elements of loss under this coverage and Part A or Part C of the policy. 3. Any amount payable under First Party Benefits Coverage shall be paid, payable or required to be provided to a covered person under any worker's compensation law or similar law. B. Combined Benefits If Combined Benefits are afforded, we will make available at least the minimum limit required by the Pennsylvania Motor Vehicle Financial Responsibility law for First Party Benefits. This provision will not change our total limit of liability. C. Medical Expense Benefit in an amount greater than $100,000, the excess shall be over any amounts paid or payable under the Catastrophic Loss Trust Fund established under the act. Copyright, USAA, 1998, All rights reserved. Includes copyrighted material of Insurance Services Office, used with permissior.. A089(04) Rev. ? -00 Page 2 of 2 .q l USAA 9800 Fredericksburg Road USAA ? San Antonio, Texas 78288 PENNSYLVANIA AUTO POLICY READ YOUR POLICY, DECLARATIONS AND ENDORSEMENTS CAREFULLY The automobile insurance contract between the named insured and the company shown on the Declarations page consists of this policy plus the Declarations page and any applicable endorsements. The Quick Reference section outlines essential information contained in the Declarations and the major parts of the policy. The policy provides the coverages and amounts of insurance shown in the Declarations for which a premium is shown. This is a participating policy. You are entitled to dividends as may be declared by the company's Board of Directors. If this policy is issued by United Services Automobile Association ("USAA"), a reciprocal interinsurance exchange, the following apply: By purchasing this policy you are a member of USAA and are subject to its bylaws. This is a non-assessable policy. You are liable only for the amount of your premium as USAA has a free surplus in compliance with Article 19.03 of the Texas Insurance Code of 1951, as amended. The USAA Board of Directors may annually allocate a portion of USAA's surplus to Subscriber's Savings Accounts. Amounts allocated to such accounts remain a part of USAA's surplus and may be used as necessary to support the operations of the Association. A member shall have no right to any balance in the member's account except until following termination of membership, as provided in the bylaws. QUICK REFERENCE I DECLARATIONS PAGE Named Insured and Address Policy Period Operators Description of Vehicle(s) Coverages, Amounts of Insurance and Premiums Endorsements Beginning on Page 3 Agreement and Definitions Part A 4 Liability Coverage Definitions Insuring Agreement Bodily Injury Liability Coverage and Property Damage Liability Coverage Limit of Liability Supplementary Payments Exclusions Out of State Coverage Other Insurance Part B 6 First Party Benefit Definitions Insuring Agreement First Party Benefit Limit of Liability Exclusions Priorities of Policies Non-Duplication of Benefits Part B 9 Medical Payments Coverage Definitions Insuring Agreement Medical Payments Coverage Limit of Liability Exclusions Other Insurance Special Provisions Part B 10, Air Bag and Seat Belt Benefits Definitions Insuring Agreement Air Bag and Seat Belt. Benefits Limit of Liability Exclusions Other Insurance Conditions (Quick Reference continued on Page 2) 5100PA(01) 7-00 Page 1 of 25 Part C 11 Uninsured Motorists Coverage (Stacked) Underinsured Motorists Coverage (Stacked) Uninsured Motorists Coverage Definitions Insuring Agreement Limit of Liability Exclusions Other Insurance Consent to Settle Arbitration Underinsured Motorists Coverage Definitions Insuring Agreement Limit of Liability Exclusions Other Insurance Consent to Settle Arbitration Part D 18 Physical Damage Coverage I Definitions Insuring Agreement Comprehensive Coverage Collision Coverage Rental Reimbursement Coverage Towing and Labor Coverage Limit of Liability Payment of Loss Loss Payable Clause Waiver of Collision Deductible Exclusions No Benefit to Bailee Other Sources of Recovery Appraisal Part E 21 General Provisions Air Bag Bankruptcy Changes Duties After an Accident or Loss Legal Action Against Us Misrepresentation Non-Duplication of Payment Our Right to Recover Payment Ownership Policy Period and Territory Termination Transfer of Your Interest in this Policy Two or More Auto Policies Constitutionality Clause 5100PA(01) 7-00 Page 2 of 25 PENNSYLVANIA AUTO POLICY AGREEMENT In return for payment of the premium and subject to all the terms of this policy, we will provide the coverages and limits of liability for which a premium is shown in the Declarations. DEFINITIONS The words defined below are used throughout this L. Trailer means a vehicle designed to be pulled policy. They are in boldface when used. by a private passenger auto, pickup, van, or miscellaneous vehicle. It also means a farm A. You and your refer to the "named insured" wagon or implement while towed by such shown in the Declarations and spouse if a vehicles. resident of the same household. M. Van means afour-wheeled land motor vehicle B. We, us, and our refer to the Company of the van type with a load capacity of not providing this insurance. more than 2,000 pounds. C. Auto business means the business of altering, customizing, leasing, parking, repairing, road testing, delivering, selling, servicing, or storing vehicles. N. Your covered auto, except as modified in Part B - First Party Benefit means 1. Any vehicle shown in the Declarations. D. Bodily injury (referred to as BI) means bodily harm, sickness, disease or death. F. Family member means a person related to you by blood, marriage, or adoption who is a resident of your household. This includes a ward or foster child. F. Miscellaneous vehicle means the following motorized vehicles: a motorcycle, moped or similar type vehicle; motor home; golfcart; snowmobile; all-terrain vehicle; or dune buggy. G. Noneconomic loss means pain and suffering and other non-monetary detriment. H. Occupying means in, on, getting into or out of. 1. Property damage (referred to as PD) means physical injury to, destruction of, or loss of use of tangible property. J. Serious injury means an injury resulting in death, serious impairment of body function or permanent serious disfigurement. K. Temporary substitute vehicle means a private passenger auto, pickup, van, miscellaneous vehicle or trailer not owned by you or a family member while it is used as a temporary replacement for your covered auto when withdrawn from normal use because of its breakdown, repair, servicing, loss, or destruction. 2. Any of the following types of vehicles acquired by you or a family member during the policy period, beginning on the date you or a family member becomes the owner, but only if no other insurance policy provides coverage for such vehicle: a. A private passenger auto; b. A pickup or van; or c. A miscellaneous vehicle not used in any business or occupation. For such newly acquired vehicles, we will automatically provide the broadest coverages as are provided for any vehicle shown in the Declarations. If your policy does not provide Comprehensive and Collision coverages, we will provide each with a $250 deductible. However, we will not provide any coverage for more than 30 days after the date you or a family member becomes the owner of the vehicle. If you wish to continue any coverage beyond the 30-day period, you must request it prior to the end of the 30-day period, 3. Any trailer you own 4. Any temporary substitute vehicle. Only those coverages provided for the vehicle withdrawn from normal use will be extended to its temporary substitute vehicle. 5100PA(01) i -00 Page 3 of 25 PART A - LIABILITY COVERT. E DEFINITIONS Covered person as used in this Part means: You or any family member for the ownership, maintenance, or use of any auto or trailer. 2. Any person using your covered auto. 3. Any other person or organization, but only with respect to legal liability imposed on them for the acts or omissions of a person for whom coverage is afforded in 1. or 2, above. With respect to an auto or trailer other than your covered auto, this provision only applies if the other person or organization does not own or hire the auto or trailer. These limits are the most we will pay regardless of the number of: 1. Covered persons; 2. Claims made; 3. Vehicles or premiums shown in the Declarations; or 4. Vehicles involved in the auto accident. However, if a policy provision that would defeat coverage for a claim under this Part is declared to be unenforceable as a violation of the Pennsylvania's Motor Vehicle Financial Responsibility law, our limit of liability will be the minimum required by the Pennsylvania's Motor Vehicle Financial Responsibility law. The following are not covered persons under Part A: The United States of America or any of its agencies. 2. Any person with respect to BI or PD resulting from the operation of an auto by that person as an employee of the United States Government. This applies only if the provisions of Section 2679 of Title 28, United States Code as amended, require the Attorney General of the United States to defend that person in any civil action which may be brought for the BI or PD. INSURING AGREEMENT We will pay compensatory damages for BI or PD for which any covered person becomes legally liable because of an auto accident. We will settle or defend, as we consider appropriate, any claim or suit asking for these damages. Our duty to settle or defend ends when our limit of liability for these coverages has been paid or tendered. We have no duty to defend any suit or settle any claim for BI or PD not covered under this policy. LIMIT OF LIABILITY For BI sustained by any one person in any one auto accident, our maximum limit of liability for all resulting damages, including, but not limited to, all direct, derivative or consequential damages recoverable by any persons, is the limit of liability shown in the Declarations for "each person" for BI Liability. Subject to this limit for "each person", the limit of liability shown in the Declarations for "each accident" for BI Liability is our maximum limit of liability for all damages for BI resulting from any one auto accident. The limit of liability shown in the Declarations for "each accident" for PD Liability is our maximum limit of liability for all damages to all property resulting from any one auto accident. SUPPLEMENTARY PAYMENTS In addition to our limit of liability, we will pay on behalf of a covered person: 1. Premiums on appeal bonds and bonds to release attachments in any suit we defend. But we will not pay the premium for bonds with a face value over our limit of liability shown in the Declarations. 2. Prejudgment interest awarded against the covered person on that part of the judgment we pay. If we make an offer to pay the applicable limit of liability, we will not pay any prejudgment interest based on that period of time after the offer. 3. Interest accruing, in any suit we defend, on that part of a judgment that does not exceed our limit of liability. Our duty to pay interest ends when we offer to pay that part of the judgment that does not exceed our limit of liability. 4. Up to $100 a day for loss of wages because of attendance at hearings or trials at our request. 5. The amount a covered person must pay to the United States Government because of damage to a government-owned private passenger auto, pickup, or van which occurs while the vehicle is in the care, custody, or control of a covered person. The most we will pay is an amount equal to one month of the basic salary of the covered person at the time of loss. Only Exclusions A.1. and A.8. apply. 6. Other reasonable expenses incurred at our request. T All defense costs we incur. 5100PA(01) 7 -00 Page 4 of 25 (PART A Cont'd.) EXCLUSIONS A. We do not provide Liability Coverage for any covered person: 11. For punitive or exemplary damages. B. We do not provide Liability Coverage for the ownership, maintenance, or use of 1 Who intentionally acts or directs to cause BI or PD, or who acts or directs to cause 1. Any vehicle that is not your covered auto with reasonable expectation of causing, BI unless that vehicle is: or PD, a. A four or six wheel land motor vehicle 2. For PD to property owned or being designed for use on public roads with transported by a covered person. a rated load capacity of no more than 2000 pounds; 3. For PD to property rented to, used by, or b. A moving van for personal use; in the care of any covered person. This does not apply to damage to a residence c. A miscellaneous vehicle having at or garage. least four wheels; or 4. For BI to an employee of that person d. A vehicle used in the business of which occurs during the course of farming or ranching, employment. This exclusion (A.4.) does not apply to a domestic employee unless 2. Any vehicle, other than your covered workers' compensation benefits are auto, that is owned by you, or furnished required or available for that domestic or available for your regular use. employee. ' 3. Any vehicle, other than your covered 5. For that person s liability arising out of the auto, that is owned by, or furnished or ownership or operation of a vehicle while available for the regular use of, any family it is being used to carry persons for a fee. member. This exclusion (A.5.) does not apply to a share --the -expense car pool, This exclusion (B.3.) does not apply to your maintenance or use of such vehicles. 6. While employed or otherwise engaged in the auto business. This exclusion (A.6.) 4. Any vehicle while being operated in, or in does not apply to the ownership, practice for, any speed contest, maintenance, or use of your covered auto by you, any family member, or any C. There is no coverage for BI for which a partner, agent, or employee of you or any covered person becomes legally responsible family member. to pay a member of that covered person's family residing in that covered person's 7. Maintaining or using any vehicle while that household. This exclusion applies only to the person is employed or otherwise engaged extent that the limits of liability for this in any business or occupation other than coverage exceed $15,000 for each person or the auto business, farming, or ranching. $30,000 for each accident. This exclusion (A.7.) does not apply to the maintenance or use of a private passenger D. There is no coverage for liability assumed by auto; a pickup or van that you own; or a any covered person under any contract or trailer used with these vehicles. agreement. 8. Using a vehicle without expressed or implied permission. OUT OF STATE COVERAGE 9. For BI or PD for which that person is an insured under any nuclear energy liability policy. This exclusion (A.9.) applies even if that policy is terminated due to exhaustion of its limit of liability. 10. For BI or PD occurring while your covered auto is rented or leased to others. If an auto accident to which this policy applies occurs in any state or province other than the one in which your covered auto is principally garaged, your policy will provide at least the minimum amounts and types of coverages required by law. However, no one will be entitled to duplicate payments for the same elements of loss. 5100PA(01) 7-00 Page 5 of 25 (PART A Cont'd.) OTHER INSURANCE If there is other applicable liability insurance, we will pay only our share of the loss. Our share is the proportion that our limit of liability bears to the total of all applicable limits. However, any insurance we provide to a covered person with respect to a vehicle you do not own shall be excess over (1) any other applicable liability insurance or (2) any self-insurance in compliance with a state's financcal responsibility law. PART B - FIRST PARTY BENEFIT DEFINITIONS A. Covered person as used in this Part means: 1. You or any family member; 2. Any other person while: a. Occupying your covered auto; or D b. Not occupying a motor vehicle if injured as a result of an accident in Pennsylvania involving your covered auto. 3. A non-occupant who has no other source of First Party Benefits, injured by any vehicle insured for liability under this policy for which you are not required to maintain First Party Benefits coverage. Only the minimum medical expense benefit required by Pennsylvania law will be provided. B C Medical expense means reasonable and necessary medical treatment and rehabilitative services, including, but not limited to, hospital, dental, surgical, psychiatric, psychological, osteopathic, ambulance, chiropractic, licensed physical therapy, nursing services, vocational rehabilitation and occupational therapy, speech pathology and audiology, optometric services, medications, medical supplies and prosthetic devices, all without limitation as to time, provided that, within 18 months from the date of the accident causing injury, it is ascertainable with reasonable medical probability that further expenses may be incurred as a result of the injury. Benefits under this paragraph may include any nonmedical remedial care and treatment rendered in accordance with a recognized religious method of healing. Motor vehicle means a self-propelled vehicle operated or designed for use upon public roads. However, motor vehicle does not include a vehicle operated: 1. By muscular power; 2. On rails or tracks; or 3. Solely by electric power obtained from overhead trolley wires, but not operated upon rails. Necessary medical treatment and rehabilitative services means treatment, accommodations, products or services which are determined to be necessary by a licensed health care provider unless they shall have been found or determined to be unnecessary by a State-approved Peer Review Organization (PRO). E. Peer Review Organization (PRO) means: 1. An organization with which the Federal Health Care Financing Administration or the Commonwealth contracts for medical review of Medicare or medical assistance services; or 2. Any health care review company, approved by the commissioner, that engages in peer review for the purpose of determining that medical and rehabilitation services are medically necessary and economically provided. F. Your covered auto as used in this Part means a motor vehicle for which you maintain First Party Benefit Coverage as required under the Pennsylvania Motor Vehicle Financial Responsibility law. INSURING AGREEMENT First Party Benefit We will pay the First Party Benefit to or for a covered person who sustains BI caused by an accident arising out of the maintenance or use of a motor vehicle. 5100PA(01) 7-00 Page 6 of 25 (PART B Cont'd.) This First Party Benefit consist of: Medical Expense Benefit. We will pay only the medical expenses for necessary medical treatment and rehabilitative services because of BI caused by an auto accident, sustained by a covered person. This benefit is subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility law. LIMIT OF LIABILITY 5. Who, at the time of the accident is an owner of a currently registered motor vehicle who does not have financial responsibility as required by the Pennsylvania Motor Vehicle Financial Responsibility law. 6. Occupying, maintaining or using a motor vehicle while located for use as a residence or premises. 7. Or by a pedestrian if the accident occurs outside of Pennsylvania. This exclusion (7.) does not apply to you or any family member. The following provisions represent the most we will pay regardless of the number of covered g. While operating or occupying a recreational persons, claims made, vehicles or premiums vehicle not intended for highway use, shown in the Declarations, or vehicles involved in motorcycle, motor-driven cycle, motorized an auto accident: pedalcycle, or like type vehicle required to be Medical Expense Benefit registered under Pennsylvania law. 1. The limit of liability shown in the 9. Caused by or as a consequence of: Declarations for First Party Benefits a. Discharge of a nuclear weapon (even if Coverage is the maximum limit of liability accidental); for each covered person injured in any one accident. b. War (declared or undeclared); 2. No one will be entitled to receive duplicate payments for the same elements of loss under this coverage and Part A or Part C of the policy. C. Civil war; d. Insurrection; or e. Rebellion or revolution. 3. Any amount payable under First Party Benefits Coverage shall be excess over any amounts paid, payable or required to be provided to a covered person under any workers' compensation law or similar law. EXCLUSIONS We do not provide benefits under this Part for BI sustained by any covered person: 1. While intentionally causing or attempting to cause BI to any person, including that covered person. 2. While committing a felony. 3 While seeking to elude lawful apprehension or arrest by a law enforcement official. 4. Arising out of the maintenance or use of a motor vehicle knowingly converted by that person. However, this exclusion does not apply to you or any family member. 10. From or as a consequence of the following, whether controlled or uncontrolled or however caused: a. Nuclear reaction; b. Radiation: or c. Radioactive contamination. PRIORITIES OF POLICIES A. We will pay the first party benefit in accordance with the order of priorities set forth by the Pennsylvania Motor Vehicle Financial Responsibility law. We will not pay if there is another insurer at a higher level of priority. The First category listed below is the highest level of priority and the Fourth category listed below is the lowest level of priority. B. The priority order is: First The insurer providing benefits to the covered person as a named insured. 5100PA(01) 7-00 Page 7 of 25 (PART B Cont'd.) Second The insurer providing benefits to the covered person as a family member who is not a named insured under another policy providing coverage under the Pennsylvania Motor Vehicle Financial Responsibility law. Third The insurer of the motor vehicle which the covered person is occupying at the time of the accident. Fourth The insurer providing benefits on any motor vehicle involved in the accident if the covered person is: a. Not occupying a motor vehicle; and b. Not provided the first party benefit under any other automobile policy. 1. The insurer against whom the claim is first made shall process and pay the claim as if wholly responsible. The insurer is thereafter entitled to recover contribution pro rata from any other insurer for the benefits paid and the costs of processing the claim. If contribution is sought among insurers responsible under the Fourth priority, proration shall be based on the number of involved motor vehicles. 2. If we are the insurer against whom the claim is first made, our payment to or for a covered person will riot exceed the applicable limit of liability for the First Party Benefit Coverage shown in the Declarations. 3. The maximum recovery under all policies will not exceed the amount payable under the policy with the highest dollar limits of benefits. In this priority, an unoccupied parked motor vehicle is not a motor vehicle NON-DUPLICATION OF BENEFITS involved in an accident unless it was parked in a manner as to create an unreasonable No one will be entitled to recover duplicate risk of injury. payments for the same elements of loss under this or any other similar automobile insurance including C. If 2 or more policies have equal priority within self-insurance. the highest applicable priority level: PART B - MEDICAL PAYMENTS COVERAGE DEFINITIONS A. Covered person as used in this Part means: 1. You or any family member while occupying any auto or miscellaneous vehicle. 2. Any other person while occupying your covered auto. 3. You or any family member while not occupying a motor vehicle if injured by: a. A motor vehicle designed for use mainly on public roads; b. A miscellaneous vehicle; c. A trailer. B. Medically necessary and appropriate medical services are those services or supplies provided or prescribed by a licensed hospital, licensed physician, or other licensed medical provider that, as determined by us or someone on our behalf, are required to identify or treat BI caused by an auto accident and sustained by a covered person and that are: 1. Consistent with the symptoms, diagnosis, and treatment of the covered person's injury and appropriately documented in the covered person's medical records; 2. Provided in accordance with recognized standards of care for the covered person's injury at the time the charge is incurred; 3, Consistent with published practice guidelines and technology, and assessment standards of national organizations or multi-disciplinary medical groups; 4. Not primarily for the convenience of the covered person, his or her physician, hospital, or other health care provider; 5100PA(01) 7-00 Page 8 of 25 (PART B Cont'd.) 5. The most appropriate supply or level of service that can be safely provided to the covered person; and 6. Not excessive in terms of scope, duration, or intensity of care needed to provide safe, adequate, and appropriate diagnosis and treatment. However, medically necessary and appropriate medical services do not include the following: 1. Nutritional supplements or over-the- counter drugs; 2. Experimental services or supplies, which means services or supplies that we determine have not been accepted by the majority of the relevant medical specialty as safe and effective for treatment of the condition for which its use is proposed; INSURING AGREEMENT Medical Payments Coverage. We will pay only the reasonable fee for medically necessary and appropriate medical services and the reasonable expense for funeral services because of BI caused by an auto accident, sustained by a covered person and incurred for services rendered within three years of the date of the accident. A provider of medical services may charge more than the limits established by this policy's defined terms, but such additional charges are not covered. We or someone on our behalf will review, by audit or otherwise, claims for benefits under this coverage to determine whether fees and expenses were reasonable and whether treatment was medically necessary and appropriate. LIMIT OF LIABILITY The following provisions represent the most we 3. Inpatient services or supplies provided to will pay regardless of the number of covered the covered person, when these could persons, claims made, vehicles or premiums safely have been provided to the covered shown in the Declarations, or vehicles involved in person as an outpatient. an auto accident. C. Reasonable fee is the amount, as determined by us or someone on our behalf, which we will pay for charges made by a licensed hospital, licensed physician, or other licensed medical provider for medically necessary and appropriate medical services. We will pay the lesser of: 1. The actual charge; 1. The limit of liability shown in the Declarations for Medical Payments Coverage is the maximum limit of liability for each covered person injured in any one accident. 2. No one will be entitled to receive duplicate payments for the same elements of loss under this coverage and Part A or Part C of the policy. 2. The charge negotiated with a provider; or 3. The charge determined by a statistically valid database that is designed to reflect charges for the same or comparable services or supplies in the same or similar geographic region. The database will also reflect, where applicable, (a) the value of the actual medical services based on a nonspecialty specific relative value scale for the services relative to other services and, (b) in the case of new procedures, services, or supplies, a comparison to commonly-used procedures, services, or supplies. EXCLUSIONS We do not provide benefits under this Part for any covered person for BI: 1. Sustained while occupying any vehicle that is not your covered auto unless that vehicle is: a. A four or six wheel land motor vehicle designed for use on public roads with a rated load capacity of no more than 2000 pounds; b. A moving van for personal use, c. A miscellaneous vehicle having at least four wheels; or d. A vehicle used in the business of farming or ranching. 5100PA(01) 7-00 Page 9 of' 25 (PART B Cont'd.) 2. Sustained while occupying your covered auto when it is being used to carry persons for a fee. This does not apply to a share - the- expense car pool. 3. Sustained while occupying any vehicle located for use as a residence. 4, Occurring during the course of employment if workers' compensation benefits are required or available. g. Caused by or as a consequence of war, insurrection, revolution, nuclear reaction, or radioactive contamination. 10. Sustained while occupying your covered auto while it is rented or leased to others. 11. Sustained while a participant in, or in practice for, any speed contest. OTHER INSURANCE 5. Sustained while occupying, or when struck by, any vehicle, other than your covered auto, that is owned by you or furnished or available for your regular use. 6. Sustained while occupying, or when struck by, any vehicle, other than your covered auto, that is owned by or furnished or available for the regular use of any family member. This does not apply to you. 7. Sustained while occupying a vehicle without expressed or implied permission. 8. Sustained while occupying a vehicle when it is being used in the business or occupation of a covered person. This does not apply to BI sustained while occupying a private passenger auto; a pickup or van you own; or a trailer used with these vehicles. If there is other applicable auto medical payments insurance, we will pay only our share of the loss. Our share is the proportion that our limit of liability bears to the total of all applicable limits. However, any insurance we provide with respect to a vehicle you do not own shall be excess over any other collectible auto insurance providing payments for medical or funeral expenses. SPECIAL PROVISIONS If your covered auto and every other motor vehicle you own are within the policy territory referred to in Part E, General Provisions, then coverage under Medical Payments Coverage will apply to you and any family member anywhere in the world. PART B - AIR BAG AND SEAT BELT BENEFITS DEFINITIONS A. Air Bag means a supplemental passive restraint system commonly referred to as an air bag which is originally installed by the vehicle manufacturer and which, at the time of the accident, had not been made inoperable through modification, deactivation, disconnection, switching off or prior deployment. B. Beneficiary means (in order of priority of payment): 1. The surviving spouse if a resident in the same household as the deceased at the time of the time of the accident; or 2. If the deceased is an unmarried minor, either of the surviving parents who had legal custody at the time of the accident; or C. Covered Person as used in this Part means: 1. You or any family member while occupying any auto; 2. Any other person while occupying your covered auto. D. Seat Belt means manual or automatic safety belts or seat and shoulder restraints or a child restraint device. Both the lap and shoulder restraints must be worn at the time of the accident for coverage to apply. If the covered person is a child, the child restraint device must meet federal motor vehicle safety standards and must be one recommended by its manufacturer as appropriate for use by children of like age and weight. The child must be properly seated and restrained within the device and the device must be attached to the interior of the vehicle in accordance with the manufacturer's instructions. 3. The estate of the deceased. 5100PA(01) 7-00 Page 10 of 25 (PART B Cont'd.) INSURING AGREEMENT We will provide the benefits described only if at the time of the accident, the covered person for whom benefits are sought was: 1. Wearing a seat belt; or 2. Wearing a seat belt and occupying a seat in an automobile in which he was protected by an air bag; and 3. Entitled to collect benefits for medical expenses incurred as a result of the accident under the terms of the policy's First Party Benefits Coverage. We will pay a Death Benefit of $15,000 to the beneficiary oi' a covered person who dies as the direct result of BI sustained in an automobile accident while wearing a seat belt. We will pay an Additional Death Benefit of $10,000 to the beneficiary of a covered person who dies as a direct result of BI sustained in an automobile accident while wearing a seat belt and occupying a seat protected by an air bag. These amounts are the most we will pay regardless of the number of vehicles to which this coverage applies, the number of coverages or premiums shown in the Declarations. EXCLUSIONS All the exclusions contained in the policy's First Party Benefit coverage apply to this Part. OTHER INSURANCE The Death Benefit and Additional Death Benefit provided by Air Bag and Seat Belt Benefits will be paid in addition to any death benefit payable under the policy's First Party Benefits Coverage. If there are other applicable air bag and seat belt death benefits, the maximum limit of our liability for the death of any one covered person under all such policies shall not exceed $15,000 for the Death Benefit and $10,000 for the Additional Death Benefit. CONDITIONS LIMIT OF LIABILITY The maximum Death Benefit we will pay under Air Bag and Seat Belt Benefits is $15,000 for death of any one covered person. The maximum Additional Death Benefit we will pay for death of any one covered person is $10,000. The coverage provided by this Part is subject to all provisions and conditions of the policy's First Party Benefit and to the policy's general conditions except as specifically modified herein. PART C - UNINSURED MOTORISTS COVERAGE (STACKED) (referred to as UM) and UNDERINSURED MOTORISTS COVERAGE (STACKED) (referred to as UIM) UNINSURED MOTORISTS COVERAGE (STACKED) 1. To which no liability bond or policy applies at the time of the accident. DEFINITIONS A. Covered person as used in this Part means: 1. You or any family member. 2. Any other person occupying your covered auto. 3. Any person for damages that person is entitled to recover because of BI to which this coverage applies sustained by a person described in A.I. or A.2. above. However, the definition of a covered person does not include the Government of the United States of America. B. Uninsured motor vehicle means a land motor vehicle or trailer of any type: 2. To which a liability bond or policy applies at the time of the accident but its limit for bodily injury liability under such bond or policy is less than the minimum limits specified by the financial responsibility law of the state in which the insured vehicle is principally garaged. 3. That is a hit-and-run motor vehicle. This means a motor vehicle whose owner or operator cannot be identified and that hits: a. You or any family member; b. A vehicle you or any family member are occupying; or c. Your covered auto. 5100PA(01) 7-00 Page 1 1 of 25 (PART C Cont'd.) 4. To which a liability bond or policy applies at the time of the accident but the bonding or insuring company denies coverage or is or becomes insolvent within six years after the accident. However, the definition of an uninsured motor vehicle does not include: 1. An underinsured motor vehicle; or 2. Any vehicle or equipment: a. Owned by or furnished or available for the regular use of you or any family member. b. Owned or operated by a self-insurer under any applicable motor vehicle law. c. Owned by any governmental unit or agency. d. Operated on rails or crawler treads, except for a snowmobile. e. Designed mainly for use off public roads while not on public roads. f. While located for use as a residence or premises. INSURING AGREEMENT UNINSURED MOTORISTS COVERAGE A. We will pay compensatory damages which a covered person is legally entitled to recover from the owner or operator of an uninsured motor vehicle because of BI sustained by a covered person and caused by an auto accident. B. The owner's or operator's liability for these damages must arise out of the ownership, maintenance or use of the uninsured motor vehicle. C. We will pay under this coverage only after the limits of liability under any applicable bodily injury liability bonds or policies have been exhausted by payment of judgments or settlements. This provision applies only to Definition 13.2. under this Part. D No judgment for damages arising out of a suit brought against the owner or operator of an uninsured motor vehicle is binding on us unless we: 1. Receive reasonable notice of the pendency of the suit resulting in the judgment; and 2. Have a reasonable opportunity to protect our interests in the suit. LIMIT OF LIABILITY A. If BI is sustained in an accident by you or any family member: 1. Our maximum limit of liability for all resulting damages, including, but not limited to, all direct, derivative or consequential damages arising out of BI sustained by any one person in any such accident is the sum of the limits of liability shown on the Declarations for "each person" for UM Coverage; 2. Subject to the maximum limit for each person described in A.I. above, our maximum limit of liability for all damages arising out of BI resulting from any one accident is the sum of the limits of liability shown on the Declarations for "each accident" for UM Coverage; 3. Subject to the maximum limits of liability set forth in A.I. and A.2. above: a. The most we will pay for BI sustained in such accident by a covered person other than you or any family member is that covered person's pro - rata share of the "each person" or "each accident" limit of liability shown on the Declarations applicable to the vehicle that covered person was occupying at the time of the accident; and b. You or any family member who sustains BI in such accident will also be entitled to a pro-rata share of the "each person" or "each accident" limit described in paragraph 3.a. above. A person's pro-rata share shall be the proportion that that person's damages bears to the total damages sustained by all covered persons. The maximum limit of liability is the most we will pay regardless of the number of: 1. Covered persons; 2. Claims made; 3. Vehicles or premiums shown on the Declarations; or 4. Vehicles involved in the accident. 5100PA(01) 7-00 Page 12 of 25 (PART C Cont'd.) B. If BI is sustained by any covered person other than you or any family member in an accident in which neither you nor any family member sustain BI the limit of liability shown on the Declarations for "each person" for UM Coverage is our maximum limit of liability for all resulting damages, including, but not limited to, all direct, derivative or consequential damages arising out of BI sustained by any one person in any one accident. Subject to this limit for "each person," the limit of liability shown on the Declarations for "each accident" for UM Coverage is our maximum limit of liability for all damages for BI resulting from any one accident. This is the most we will pay regardless of the number of: 1. Covered persons; 2. Claims made; 3 Vehicles or premiums shown on the Declarations; or 4. Vehicles involved in the accident. C. No covered person will be entitled to receive duplicate payments for the same elements of loss. D. Any amounts otherwise payable for damages which the covered person is legally entitled to recover from the owner or operator of an uninsured motor vehicle because of BI caused by an accident, shall be reduced by all sums paid because of the BI by or on behalf of persons or organizations who may be legally responsible. This includes all sums paid under Part A. E. Any amount of damages paid or payable under this UM Coverage will be reduced by any amount paid or payable for the same damages under Part A - Liability Coverage. F Any amount of damages paid or payable under this UM Coverage will be reduced by any amount paid or payable because of the BI under any workers' compensation law or similar disability benefits law. G. A person who recovers damages under UIM Coverage cannot recover damages under UM Coverage for the same accident. EXCLUSIONS A. We do not provide UM Coverage for BI sustained by any covered person if that person or the legal representative settles the BI claim without our consent. B. We do not provide UM Coverage for BI sustained by any covered person while occupying, or when struck by, any motor vehicle owned by you or any family member which is not insured for UM Coverage under this or any other auto liability policy. This includes a trailer of any type used with that vehicle. C. We do not provide UM Coverage for BI sustained by any covered person: 1. While occupying your covered auto when it is being used to carry persons for a fee. This exclusion (C.1.) does not apply to a share -the -expense car pool. 2. Using a vehicle without expressed or implied permission. 3. While your covered auto is rented or leased to others. 4. While occupying any vehicle when it is being operated in, or in practice for, any speed contest. D. UM Coverage shall not apply directly or indirectly to the benefit of any insurer or self-insurer under any workers' compensation law or similar disability benefits law. E. We do not provide UM Coverage for punitive or exemplary damages. F. We do not provide UM Coverage for noneconomic loss sustained by a covered person to whom the limited tort alternative applies unless that person sustains a serious injury. This exclusion (F.) does not apply if that person is injured while occupying a motor vehicle insured under a commercial motor vehicle insurance policy. G. We do not provide UM Coverage for PD sustained by a covered person. 5100PA(01) 7-00 Page 13 of 25 (PART C Cont'd.) OTHER INSURANCE A. If there is other applicable similar insurance for UM available under one or more policies or provisions of coverage, the following priorities of recovery apply: First The UM Coverage applicable to the vehicle the covered person was occupying at the time of the accident. Second The policy covering a motor vehicle not involved in the accident with respect to which the injured person is a covered person. B C If two or more policies have equal priority, the insurer against whom the claim is first made shall process and pay the claim as if wholly responsible for all insurers with equal priority. The insurer is thereafter entitled to recover contribution pro-rata from any other insurer for the benefits paid and the costs of processing the claim. If we are the insurer against whom the claim is first made, we will pay, subject to the limit of liability shown on the Declarations for UM Coverage, after we and all other contributing insurers agree: 1. Whether the covered person is legally entitled to recover damages from the owner or operator of an uninsured motor vehicle; and 2. As to the amount of damages. CONSENT TO SETTLE If a covered person receives a written offer from a tort -feasor's insurer, which in combination with any other settlements arising out of the same occurrence, would exhaust that insurer's applicable BI limits, the covered person shall submit written notice of the proposed settlement to us. Such notice shall include a copy of the written offer. 2 Within thirty (30) days of the receipt of this written notice, we will give the covered person: a. Written consent to accept the settlement offer and the execution of release: or b. Written refusal to consent to accept the settlement offer. 3. If we refuse to give consent to accept the settlement offer, we shall within thirty (30) days pay the covered person the amount of the settlement offer. We shall then be entitled to the covered person's right of recovery to the extent of such payment and any settlement under UM Coverage. 4. If we fail to pay the covered person the amount of the written settlement offer within thirty (30) days, we have no right to the proceeds of any settlement or judgment for any amount paid under UM Coverage, and the covered person may accept the written settlement offer of the tort-feasor's insurer. 5. Payment of the settlement offer will be separate from any amount the covered person is entitled to recover under the provisions of UM Coverage. ARBITRATION A. If we and a covered person do not agree: 1. Whether that person is legally entitled to recover damages from the owner or operator of an uninsured motor vehicle; or 2. The amount of damages that the covered person is legally entitled to collect from that owner; either party may make a written demand for arbitration. Arbitration shall be conducted in accordance with the provisions of the Pennsylvania Uniform Arbitration Act of 1980, and, for the purpose of determining the standard or review, the Pennsylvania Uniform Arbitration Act of 1927. Each party will select an arbitrator. The two arbitrators will select a third. If they cannot agree within 30 days, either may request that selection be made by a judge of a court having jurisdiction. Each party will: 1. Pay the expenses it incurs; and 2. Bear the expenses of the third arbitrator equally. B. Unless both parties agree otherwise, arbitration will take place in the county in which the covered person lives. Local rules of law as to procedure and evidence will apply. 5100PA(01) 7-00 Page 14 of 25 (PART C Cont'd.) UNDERINSURED MOTORISTS COVERAGE (STACKED) DEFINITIONS A. Covered person as used in this Part means: 1. You or any family member. 2. Any other person occupying your covered auto. 3. Any person for damages that person is entitled to recover because of BI to which this coverage applies sustained by a person described in A.1. or A.2. above. However, the definition of covered person does not include the Government of the United States of .America. B. Underinsured motor vehicle means a land motor vehicle or trailer of any type to which a liability bond, policy or self-insurance applies at the time of the accident, but its available limits for BI liability are insufficient to pay losses and damages. However, the definition of an underinsured motor vehicle does not include: 1. An uninsured motor vehicle; or 2. Any vehicle or equipment: a. Owned by or furnished or available for the regular use of you or any family member if: (1) The named insured on this policy; or (2) The covered person making a claim under this policy is the named insured on the liability bond or policy applicable to the underinsured motor vehicle. However, this provision shall not apply if such vehicle or equipment is covered by a policy of liability insurance separate and distinct from the policy under which UIM benefits are claimed. b. Owned or operated by a self-insurer under any applicable motor vehicle law. c. Owned by any governmental unit or agency, d. Operated on rails or crawler treads, except for a snowmobile. e. Designed mainly for use off public roads while not on public roads. f. While located for use as a residence or premises. INSURING AGREEMENT UNDERINSURED MOTORISTS COVERAGE A. We will pay compensatory damages which a covered person is legally entitled to recover from the owner or operator of an underinsured motor vehicle because of BI sustained by a covered person and caused by an auto accident. B. The owner's or operator's liability for these damages must arise out of the ownership, maintenance or use of the underinsured motor vehicle. C. Damages for BI payable under UIM Coverage will be reduced by: 1, The BI liability limits of the owners and operators of the underinsured motor vehicle; and 2. Amounts paid by or on behalf of any other persons or organizations who may be legally responsible. D. No judgment for damages arising out of a suit brought against the owner or operator of an underinsured motor vehicle is binding on us unless we: 1. Receive reasonable notice of the pendency of the suit resulting in the judgment; and 2. Have a reasonable opportunity to protect our interests in the suit. 5100PA(01) 7-00 Page 15 of 25 (PART C Cont'd) LIMIT OF LIABILITY A. If BI is sustained in an accident by you or any family member: Our maximum limit of liability for all resulting damages, including, but not limited to, all direct, derivative or consequential damages arising out of BI sustained by any one person in any such accident is the sum of the limits of liability shown on the Declarations for "each person" for UIM Coverage; 2. Subject to the maximum limit for each person described in A.I. above, our maximum limit of liability for all damages arising out of BI resulting from any one accident is the sum of the limits of liability shown on the Declarations for "each accident" for UIM Coverage; 3 Subject to the maximum limits of liability set forth in AA, and A.2, above: a b The most we will pay for BI sustained in such accident by a covered person other than you or any family member is that covered person's pro-rata share of the "each person" or "each accident" limit of liability shown on the Declarations applicable to the vehicle that covered person was occupying at the time of the accident; and You or any family member who sustains BI in such accident will also be entitled to a pro-rata share of the '.each person" or "each accident" limit described in paragraph 3.a. above. A person's pro-rata share shall be the proportion that that person's damages bears to the total damages sustained by all covered persons. The maximum limit of liability is the most we will pay regardless of the number of 1. Covered persons; 2. Claims made; 3. Vehicles or premiums shown on the Declarations; or 4. Vehicles involved in the accident. B. If BI is sustained by any covered person other than you or any family member in an accident in which neither you nor any family member sustain BI the limit of liability shown on the Declarations for "each person" for UIM Coverage is our maximum limit of liability for all resulting damages, including, but not limited to, all direct, derivative or consequential damages arising out of BI sustained by any one person in any one accident. Subject to this limit for "each person," the limit of liability shown on the Declarations for "each accident" for UIM Coverage is our maximum limit of liability for all damages for BI resulting from any one accident. This is the most we will pay regardless of the number of: 1. Covered persons; 2. Claims made; 3. Vehicles or premiums shown on the Declarations; or 4, Vehicles involved in the accident. C. No covered person will be entitled to receive duplicate payments for the same elements of loss. D. Any amount of damages paid or payable under this UIM Coverage will be reduced by any amount paid or payable for the same damages under Part A - Liability Coverages. E. Any amount of damages paid or payable under this UIM Coverage will be reduced by any amount paid or payable because of the BI under any workers' compensation law or similar disability benefits law. F. A person who recovers damages under UM Coverage cannot recover damages under UIM Coverage for the same accident. G. Damages for BI under UIM Coverage shall be reduced by the greater of: Any amounts paid or payable by or on behalf of persons or organizations who may be legally responsible; or 2. The liability limits of the owners and operators of the underinsured motor vehicles. 5100PA(01) 7-00 Page 16 of 25 (PART C Cont'd.) EXCLUSIONS OTHER INSURANCE A. We do not provide UIM Coverage for BI A. If there is other applicable similar insurance for sustained by any covered person if that UIM available under one or more policies or person or the legal representative settles the provisions of coverage, the following priorities BI claims without our consent. of recovery apply: B. We do riot provide UIM Coverage for BI sustained by any covered person while occupying, or when struck by, any motor vehicle owned by you or any family member which is not insured for UIM Coverage under this or any other auto liability policy. This includes a trailer of any type used with that vehicle. First The UIM Coverage applicable to the vehicle the covered person was occupying at the time of the accident. Second The policy covering a motor vehicle not involved in the accident with respect to which the insured person is a covered person. C. We do not provide UIM Coverage for BI sustained by any covered person: 1. While occupying your covered auto when it is being used to carry persons for a fee. This exclusion (C.1.) does not apply to a share -the -expense car pool. 2. Using a vehicle without expressed or implied permission. 3. While your covered auto is rented or leased to others. 4. While occupying any vehicle when it is being operated in, or in practice for, any speed contest. D. UIM Coverage shall not apply directly or indirectly to the benefit of any insurer or self-insurer under any workers' compensation law or similar disability benefits law. E. We do not provide UIM Coverage for punitive or exemplary damages. F. We do not provide UIM Coverage for noneconomic loss sustained by a covered person to whom the limited tort alternative applies unless that person sustains a serious injury. This exclusion (F.) does not apply if that person is injured while occupying a motor vehicle insured under a commercial motor vehicle insurance policy. G. We do not provide UIM Coverage for PD sustained by a covered person. B. If two or more policies have equal priority, the insurer against whom the claim is first made shall process and pay the claim as if wholly responsible for all insurers with equal priority. The insurer is thereafter entitled to recover contribution pro-rata from any other insurer for the benefits paid and the costs of processing the claim. C. If we are the insurer against whom the claim is first made, we will pay, subject to the limit of liability shown on the Declarations for UIM Coverage, after we and all other contributing insurers agree. 1. Whether the covered person is legally entitled to recover damages from the owner or operator of an underinsured motor vehicle; and 2. As to the amount of damages. CONSENT TO SETTLE 1. If a covered person receives a written offer from a tort-feasor's insurer, which in combination with any other settlements arising out of the same occurrence, would exhaust that insurer's applicable BI limits, the covered person shall submit written notice of the proposed settlement to us. Such notice shall include a copy of the written offer. 2. Within thirty (30) days of the receipt of this written notice, we will give the covered person: 5100PA(01) 7-00 Page 1 7 of 25 (PART C Cont'd.) a. Written consent to accept the settlement offer and the execution of release; or b. Written refusal to consent to accept the settlement offer. 3 4 5 If we refuse to give consent to accept the settlement offer, we shall within thirty (30) days pay the covered person the amount of the settlement offer. We shall then be entitled to the covered person's right of recovery to the extent of such payment and any settlement under UIM Coverage. If we fail to pay the covered person the amount of the written settlement offer within thirty (30) days, we have no right to the proceeds of any settlement or judgment for any amount paid under UIM Coverage, and the covered person may accept the written settlement offer to the tort-feasor's insurer. Payment of the settlement offer will be separate from any amount the covered person is entitled to recover under the provisions of UIM Coverage. ARBITRATION A. If we and a covered person do not agree: 1. Whether that person is legally entitled to recover damages from the owner or operator of an underinsured motor vehicle; or 2. The amount of damages that the covered person is legally entitled to collect from that owner; either party may make a written demand for arbitration. Arbitration shall be conducted in accordance with the provisions of the Pennsylvania Uniform Arbitration Act of 1980, and, for the purpose of determining the standard of review, the Pennsylvania Uniform Arbitration Act of 1927. Each party will select an arbitrator. The two arbitrators will select a third. If they cannot agree within 30 days, either may request that selection be made by a judge of a court having jurisdiction. Each party will: 1. Pay the expenses it incurs, and 2. Bear the expenses of the third arbitrator equally. B. Unless both parties agree otherwise, arbitration will take place in the county in which the covered person lives. Local rules of law as to procedure and evidence will apply, PART D - PHYSICAL DAMAGE COVERAGE DEFINITIONS A. B. Actual cash value means the amount that it would cost, at the time of loss, to buy a vehicle of the same make, model, body type, model year, and equipment, with substantially similar mileage and physical condition. Collision means the impact with an object and includes upset of a vehicle. Loss caused by the following is covered under Comprehensive Coverage and is not considered collision: fire; missiles or falling objects; hail, water or flood; malicious mischief or vandalism; theft or larceny; riot or civil commotion; explosion or earthquake; contact with bird or animal; windstorm; or breakage of window glass. If breakage of window glass is caused by a collision you may elect to have it considered a loss caused by collision. C. Loss, as used in this Part means direct and accidental damage to the operational safety, function, or appearance of your covered auto, including its equipment. Loss does not include any diminution in value that remains after the damaged or stolen property or parts thereof have been repaired or replaced. D. Nonowned vehicle means any private passenger auto, trailer, pickup, van, or miscellaneous vehicle not owned by, or furnished or available for the regular use of, you or any family member. This applies only when such vehicle is in the custody of or being operated by you or a family member. A nonowned vehicle does not include a temporary substitute vehicle or any of the following vehicles used in any business or occupation other than farming or ranching - pickup, van or miscellaneous vehicle. 5100PA(01) 7 - 00 Page 18 of 25 (PART D Cont'd) E. Repair or replace means restoring the damaged property or parts thereof to their pre-accident operational safety, function, and appearance. However, we may at our option repair or replace with parts of like kind and quality, including used or non-OEM parts (non-OEM parts are those produced by someone other than the original equipment manufacturer). Repair or replace does not require: 1. A return to the pre-accident market value of the property or parts thereof; or 2. Restoration, alteration, or replacement of undamaged property or parts thereof, unless such is needed for the operational safety of the vehicle. F. Your covered auto, as used in this Part, includes: 1. A nonowned vehicle. If there is a loss to a nonowned vehicle, we will provide the broadest coverage shown in the Declarations. 2. Equipment and accessories of your covered auto. 3. Any device or instrument for the transmitting, recording, receiving or reproduction of data, sound or pictures that is operated by power from the electrical system of your covered auto, including: a, Accessories or antennas: or b. Tapes, wires, records, discs or other media for use with any such device or instrument; In addition, we will pay up to $15 a day, to a maximum of $450, for transportation expenses incurred by you. This applies only in the event of a total theft of your covered auto. We will pay only transportation expenses incurred during the period beginning 48 hours after the theft and ending when your covered auto is returned to use or, if not recovered or not repairable, three days after we have made a settlement offer. If Increased Rental Reimbursement Coverage is afforded, limits for transportation expenses are increased up to $30 per day to a maximum of $900. B. Collision Coverage. We will pay for loss caused by collision to your covered auto minus any applicable deductible shown in the Declarations. C. Rental Reimbursement Coverage and Increased Rental Reimbursement Coverage (for loss other than total theft). We will reimburse you for expenses you incur to rent a substitute for your covered auto. These coverages apply only if your covered auto is withdrawn from use for more than 24 hours due to a loss, other than a total theft, to that auto. Our payment will be limited to that period of time reasonably required to repair or replace your covered auto. If we determine your covered auto is not repairable, the rental period will end three days after we have made a settlement offer. Under Rental Reimbursement Coverage, we will pay up to $15 a day, to a maximum of $450. Under Increased Rental Reimbursement Coverage, we will pay up to $30 a day, to a maximum of $900. while in or upon your covered auto. D INSURING AGREEMENT A. Comprehensive Coverage (excluding collision). We will pay for loss caused by other than collision to your covered auto, minus any applicable deductible shown in the Declarations. The deductible will be waived for loss to glass that can be repaired rather than replaced. In cases where the repair proves unsuccessful and the glass must be replaced, the full amount of the deductible, if any, must be paid. Towing and Labor Costs Coverage. We will pay the reasonable costs you incur for one of the following each time your covered auto is disabled: 1. Mechanical labor up to one hour at the place of breakdown. 2. Towing, to the nearest place where necessary repairs can be made during regular business hours, if the vehicle will not run or is stranded on or immediately next to a public road. 3. Delivery of gas, oil, a battery or a change of tire. However, we do not pay for the cost of these items. 5100PA(01) 7-00 Page 19 of 25 (PART D Cont'd) LIMIT OF LIABILITY A. For total losses, the limit of liability for Comprehensive and Collision Coverages, is the actual cash value of your covered auto. B. For partial losses, the limit of liability for Comprehensive and Collision Coverages is the amount necessary to repair or replace the damaged or stolen property or parts thereof without deduction for depreciation. PAYMENT OF LOSS We may pay for loss in money, or repair or replace the damaged or stolen property. We may, at our expense, return any stolen property to you or to the address shown in the Declarations. If we return stolen property we will pay for any damage resulting from the theft. We may keep all or part of the damaged or stolen property and pay you an agreed or appraised value for it. We cannot be required to assume the ownership of damaged property. We may settle a claim either with you or with the owner of the property. LOSS PAYABLE CLAUSE Loss or damage under this policy will be paid, as interest may appear, to the named insured and the loss payee shown in the Declarations. This insurance, with respect to the interest of the loss payee, will not become invalid because of your fraudulent acts or omissions unless the loss results from your conversion, secretion, or embezzlement of your covered auto. We may cancel the policy as permitted by policy terms and the cancellation will terminate this agreement as to the loss payee's interest. We will give the same advance notice of cancellation to the loss payee as we give to the named insured shown in the Declarations. When we pay the loss payee we will, to the extent of payment, be subrogated to the loss payee's rights of recovery. WAIVER OF COLLISION DEDUCTIBLE We will not apply the deductible to loss caused by collision with another vehicle if all of these conditions are met: 1. The loss to your covered auto is greater than the deductible amount; and 2. The owner and driver of the other vehicle are identified; and 3. The owner or driver of the other vehicle has a liability policy covering the loss; and 4. The driver of your covered auto is not legally responsible, in any way, for causing or contributing to the loss. EXCLUSIONS We will not pay for: 1. Loss to your covered auto which occurs while it is used to carry persons for a fee, This does not apply to a share-the-expense car pool. 2. Damage due and confined to wear and tear, freezing, or road damage to tires. This does not apply if the damage results from the total theft of your covered auto. This exclusion (2.) does not apply to Towing and Labor Costs Coverage. 3. Damage due and confined to mechanical or electrical breakdown or failure, including such damage resulting from negligent servicing or repair of your covered auto or its equipment. We will pay for ensuing damage only to the extent the damage occurs outside of the major component (such as transmission/transaxle, electrical system, engine including cooling and lubrication thereof, air conditioning, computer, suspension, braking, drive assembly, and steering) in which the initial mechanical or electrical breakdown or failure occurs. This exclusion does not apply if the damage results from the total theft of your covered auto, and it does not apply to Towing and Labor Costs Coverage. 4. Loss due to or as a consequence of war, insurrection, revolution, nuclear reaction, or radioactive contamination. 5. Loss to a camper body or trailer you own which is not shown in the Declarations. This does not apply to one you acquire during the policy period and ask us to insure within 30 days after you becorne the owner. 6. Loss to any nonowned vehicle or temporary substitute vehicle when used by any person without a reasonable belief that that person is entitled to do so. 7. Loss to equipment designed or used to evade or avoid the enforcement of motor vehicle laws. 5100PA(01) 7-00 Page 20 of 25 (PART D Cont'd) 8. Loss to any nonowned vehicle arising out of its use by you or a family member while employed or otherwise engaged in auto business operations. 9. Loss to your covered auto while it is rented or leased to others. 10. Loss to any vehicle while being operated in, or in practice for, any speed contest. OTHER SOURCES OF RECOVERY If other sources of recovery also cover the loss, we will pay only our share of the loss. Our share is the proportion that our limit of liability bears to the total of all applicable limits. However, any insurance we provide with respect to a nonowned vehicle or temporary substitute vehicle will be excess over any other collectible source of recovery including, but not limited to: 11. Loss resulting from: a. The acquisition of a stolen vehicle; b. Any legal or governmental action to return a vehicle to its legal owner; or c. Any confiscation or seizure of a vehicle by governmental authorities. This exclusion does not apply to innocent purchasers of stolen vehicles for value under circumstances that would not cause a reasonable person to be suspicious of the sales transaction or the validity of the title. 12. Loss resulting from use in any illicit or prohibited trade or transportation. 13. Any loss arising out of any act committed: a. By or at the direction of you or any family member; and b. With the intent to cause a loss. NO BENEFIT TO BAILEE 1 -his insurance shall not directly or indirectly benefit any carrier or other bailee for hire, 1. Any coverage provided by the owner of the nonowned vehicle or temporary substitute vehicle. 2. Any other applicable physical damage insurance. 3. Any other source of recovery applicable to the loss. This provision does not apply to Towing and Labor Costs Coverage. APPRAISAL If we and you do not agree on the amount of loss, either may demand an appraisal. In this event, each party will select a competent appraiser. The two appraisers will select an umpire. The appraisers will state separately the actual cash value and the amount of loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will pay its chosen appraiser and share the expenses of the umpire equally. Neither we nor you waive any of our rights under this policy by agreeing to an appraisal. PART E - GENERAL PROVISIONS AIR BAG You agree to cooperate with us in determining If an air bag in your covered auto deploys for if this information is correct and complete. any reason, we will pay without deductible to You agree that if this information changes, or replace it. is incorrect or incomplete, we may adjust your premiums accordingly during the policy BANKRUPTCY period. Bankruptcy or insolvency of the covered person, as defined in this policy, shall not relieve us of any obligations under this policy. CHANGES A. The premium is based on information we have received from you and other sources. B. If, during the policy period, the risk exposure changes for any of the following reasons, the necessary premium adjustments will be made effective the date of change in exposure. You agree to give us notice of such exposure changes as soon as is reasonably possible: 5100PA(01) 7-00 Page 21 of 25 (PART E Confd) 1. Change in location where any vehicle is garaged. 2. Change, addition, or deletion relating to the description, equipment, purchase date, registration, cost, usage, miles driven annually, or operators of any vehicle. 3. Replacement, deletion, or addition of any vehicle. You must request coverage for a newly acquired vehicle within 30 days from the date the vehicle is acquired if you wish to continue any coverage. See DEFINITIONS - your covered auto. 4. Change, addition, or deletion relating to the date of birth, marital status, or driving record of any operator. 5. Addition or deletion of an operator. 6. Change, addition, or deletion of any coverage or limits. C. We will make any calculations or adjustments of your premium using the applicable rules, rates, and forms as of the effective date of the change. D. If we make a change which broadens coverage under this edition of our policy without additional premium charge, that change will automatically apply to your insurance as of the date we implement that change in your location. This paragraph does not apply to changes implemented with a revision that includes both broadenings and restrictions in coverage. Otherwise, this policy includes all of the agreements between you and us. Its terms may not be changed or waived except by endorsement issued by us. DUTIES AFTER AN ACCIDENT OR LOSS A. We must be notified promptly of how, when, and where an accident or loss happened. Notice should also include the names and addresses of any injured persons and of any witnesses. 8. A person seeking any coverage must: 1. Cooperate with us in the investigation, settlement, or defense of any claim or suit. 2. Promptly send us conies of any notices or legal papers received in connection with a suit, accident or loss. 3. Submit, as often as we reasonably require: a. To physical exams by physicians we select. We will pay for these exams. b. To examination under oath. The examination must be signed. 4. Authorize us to obtain medical reports and other pertinent records. 5. Submit a proof of loss when required by us. 6. Promptly notify the police if a hit-and-run driver is involved. C. A covered person seeking coverage under Part C - UM and UIM must also: 1. Promptly send us copies of the legal papers if a suit is brought. 2. Submit written notice to us of the proposed settlement offered by a tort-feasor's insurer. D. A person seeking coverage under Part D - Physical Damage Coverage must also: 1. Take reasonable steps after loss to protect your covered auto and its equipment from further loss. We will pay reasonable expenses incurred to do this. 2. Promptly notify the police if your covered auto is stolen. 3, Permit us to inspect and appraise the damaged property before its repair or disposal. LEGAL ACTION AGAINST US A. No legal action may be brought against us until there has been full compliance with all the terms of this policy. In addition, under Part A, no legal action may be brought against us until we agree in writing that the covered person, as defined in Part A, has an obligation to pay, or the amount of that obligation has been finally determined byjudgment after trial. 5100PA(01) 7-00 Page 22 of 25 (PART E Cont'd.) B No person or organization has any right under this policy to bring us into any action to determine the liability of a covered person, as defined in this policy. C. MISREPRESENTATION We do not provide coverage for any covered person, as defined in this policy, who has knowingly concealed or misrepresented any material fact or circumstance relating to this insurance: 1 At the time application was made; or 2 At any time during the policy period; or 3 In connection with the presentation or settlement of a claim. NON-DUPLICATION OF PAYMENT When a claim, or part of a claim, is payable under more than one provision of this policy, we will pay the claim only once under this policy. OUR RIGHT TO RECOVER PAYMENT A. If we make a payment under this policy and the person to or for whom payment was made has a right to recover damages from another, we will be subrogated to that right. That person shall do whatever is necessary to enable us to exercise our rights, and shall do nothing after loss to prejudice them. However, our rights in this paragraph do not apply to payments under: 1. Part B - First Party Benefit; 2. Part B - Medical Payments Coverage; 3. Part B - Air Bag and Seat Belt Benefits; 4. Part C - Underinsured Motorists Coverage, if we give consent to a settlement; or 5. Part D - Physical Damage Coverage, against any person using your covered auto with a reasonable belief that that person is entitled to do so. B. If we make a payment under this policy and the person to or for whom payment was made recovers damages from another, that person shall hold in trust for us the proceeds of the recovery and reimburse us to the extent of our payment, minus a reasonable attorney's fee and a proportionate share of costs. However, our rights under this Paragraph B. do not apply to payments under: 1. Part B - First Party Benefit; or 2. Part B - Medical Payments Coverage. If the covered person, as defined in this policy, recovers from the party at fault and we share in the recovery, we will pay our share of the legal expenses. Our share is that percent of the legal expenses that the amount we recover bears to the total recovery. This does not apply to any amounts recovered or recoverable by us from any other insurer under any inter-insurer arbitration agreement. D. If we make payment for a claim under Part A, and the covered person, as defined in Part A: 1. Failed or refused to comply with the duties specified in this provision; and 2. Prejudiced our defense of the liability claim by such failure or refusal; then, the covered person shall reimburse us to the extent of our payment and cost of defense. OWNERSHIP For purposes of this policy, a private passenger type auto, pickup or van is deemec to be owned by a person if leased under a written agreement to that person for a continuous period of at least six months. POLICY PERIOD AND TERRITORY A. This policy applies only to accidents and losses which occur during the policy period as shown in the Declarations and within the policy territory. The policy territory is the United States of America (USA), its territories and possessions, Puerto Rico, and Canada, including transportation of your covered auto between any ports of these locations. B. The policy territory also includes Mexico, subject to the following conditions: 1. All coverages afforded by the, policy are extended to include coverage during trips into Mexico. This applies only to loss or accident that occurs within 75 miles of the USA border. 5100PA(01) 7-00 Page 23 Of 25 (PART E Cont'd.) 2. Any liability coverage afforded by the policy is extended to include the remainder of Mexico, but only if you have valid and collectible liability coverages from a licensed Mexican insurance company at the time of loss. Also, for this Part to be effective, the original liability suit for BI or PD must be brought in the USA. This coverage does not extend: a. To any covered person, as defined in this policy, who does not live in the USA. b. To any covered person, as defined in this policy, occupying an auto which is not principally garaged and used in the USA. c. To any auto which is not principally garaged and used in the USA. The words "state or province" as used in the g Out of State Coverage provision in Part A of the policy do not include a "state or province" of Mexico. Losses payable under Part D of the policy will be paid in the USA. If the auto must be repaired in Mexico, our limit of liability will be determined at the nearest point in the USA where repairs can be made. Any insurance we provide will be excess over any other similar valid and collectible insurance. TERMINATION A. Cancellation. This policy may be cancelled during the policy period as follows: 1. The named insured may cancel this policy at any time, but the effective date of cancellation cannot be earlier than the date of the request. 2. We may cancel by mailing a notice to the named insured shown in the Declarations at the address shown in this policy by giving: a. At least fifteen days notice: (1) If cancellation is for nonpayment of premium; or (2) If notice is mailed during the first 60 days this policy is in effect and this is not a renewal policy; or (3) If your driver's license has been suspended or revoked after the effective date if this policy has been in effect less than one year; or if the policy has been in effect longer than one year, since the last anniversary of the original effective date. b. At least 60 days notice if the policy was obtained through material misrepresentation. Our right to cancel this policy is subject to the limitations contained in the applicable Pennsylvania Statutes. Nonrenewal. If we decide not to renew this policy, we will mail notice to the named insured shown in the Declarations at the address shown in this policy. Notice will be mailed: 1. At least 15 days before the end of the policy period: a. For nonpayment of premium; or b. If your driver's license has been suspended or revoked after the effective date if this policy has been in effect less than one year; or if the policy has been in effect longer than one year, since the last anniversary of the original effective date. 2. At least 60 days notice before the end of the policy period in all other cases. However, our right to nonrenew this policy is subject to the limitations contained in the applicable Pennsylvania Statutes. 5100PA(01) 7-00 Page 24 of 25 (PART E Cont'd.) C. Automatic Termination. If we offer to renew and you do not accept, this policy will automatically terminate at the end of the current policy period. Failure to pay the required renewal premium when due will mean that you have not accepted our offer. TWO OR MORE AUTO POLICIES If this policy and any other auto insurance policy we issued to you apply to the same accident, the maximum limit of our liability under all the policies will not exceed the highest applicable limit of liability under any one policy. If you obtain other insurance on your covered auto, any similar insurance provided by this policy will terminate as to that auto on the effective date of the other insurance. This does not apply to liability coverage purchased for travel in Mexico. D. Other Termination Provisions. 1. Proof of mailing of any notice will be sufficient proof of notice. 2. If this policy is cancelled, the named insured shown in the Declarations may be entitled to a premium refund. The premium refund, if any, will be computed according to our manuals. However, making or offering to make the refund is not a condition of cancellation. 3. The effective date of cancellation stated in the notice shall become the end of the policy period. TRANSFER OF YOUR INTEREST IN THIS POLICY Your rights and duties under this policy may not be assigned without our written consent. However, if a named insured shown in the Declarations dies, we will provide coverage until the end of the policy period for: 1. The surviving spouse if resident in the same household at the time of death. Coverage applies to the spouse as if a named insured shown in the Declarations; and 2. The legal representative of the deceased person as if a named insured shown in the Declarations. This applies only with respect to the representative's legal responsibility to maintain or use your covered auto. 1. This provision does not apply to UM and UIM Coverage. 2. No one will be entitled to receive duplicate payments for the same elements of loss under UM and UIM Coverage. CONSTITUTIONALITY CLAUSE The premium for, and the coverages of, this policy have been established in reliance upon the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. In the event a court, from which there is no appeal, declares or enters a judgment the effect of which is to render the provisions of such statute invalid or unenforceable in whole or in part, we will have the right to recompute the premium payable for the policy and void or amend the provisions of the policy, subject to the approval of the Insurance Commissioner` Includes copyrighted material of Insurance Services Office, used with permission. Copyright, USAA, 1999. All rights reserved. 5100PA(01) 7-00 Page 25 of 25 CERTIFICATE OF SERVICE On this ? day of 2011. I. Connie Fritz. a legal secretary with the law firm of Thomas, Thomas &. Ha r, LLP, do hereby certify that I have. this day, served a true and correct copy of the foregoing Answer of Defendant to Plaintiffs' Complaint with New Matter upon the person and at the address below named by United States I" Class Mail. postage prepaid. in Harrisburg, PA: Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 (Counsel,for Plaintiffs) Connie Fritz CERTIFICATE OF SERVICE On this ' day of August, 2011, I, Connie Fritz, a legal secretary with the law firm of Thomas, Thomas & Hafer, LLP, do hereby certify that I have, this day, served a true and correct copy of the foregoing Motion for Judgment on the Pleadings upon the person and at the address below named by United States 1 st Class Mail, postage prepaid, in Harrisburg, PA: Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 (Counsel for Plaintiffs) Connie Fritz 978167.1 THOMAS, THOMAS & HAFER, LLP 4 t ?" 2. J All 1: t EFt?.ayi'ID t,ou iY ! •t, PEHiP 13YLVA141A Marc A. Moyer, Esquire 717-441-3960 - direct Attorney I.D. No. 76434 mmoyer@tthlaw.com Todd B. Narvol, Esquire 717-237-7133 - direct Attorney I.D. No. 42136 tnarvol@tthlaw.com 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Attorneys for Defendant DEBRA L. BARBER and MICHAEL BARBER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO.: 10-7914 : CIVIL ACTION - LAW USAA CASUALTY INSURANCE COMPANY, Defendant CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve a Subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party on or about October 31, 2011, to serve a subpoena upon Holy Spirit Hospital. 2. A true and correct file copy of the Notice of Intent, including a copy of the proposed subpoena, is attached to this Certificate. 3. The twenty (20) day notice period has expired without any objection being raised. 4. The subpoena which will be served is identical to the subpoena attached to the Notice of Intent. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: November 21, 2011 BY: ?t ? wr arc A. Moyer, Esqu' (I. . No. PA76434) 305 North Front Street, 6" Floor P.O. Box 999 Harrisburg, PA 17108 (717) 441-3960 mmoyer@tthlaw.com Counsel for Defendant THOMAS, THOMAS & HAFER, LLP Marc A. Moyer, Esquire 717-441-3960 - direct Attorney I.D. No. 76434 mmoyer@tthlow.com Todd B. Narvol, Esquire 717-237-7133 - direct Attorney I.D. No. 42136 tnarvol@tthlow.com 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Attorneys for Defendant DEBRA L. BARBER and MICHAEL BARBER, Plaintiffs V. USAA CASUALTY INSURANCE COMPANY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 10-7914 CIVIL ACTION - LAW NOTICE OF INTENT 70 ISSUE "SUBPOENAS TO PRODUCE,D000MENTS AND"THINGS 'FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel for Plaintiffs Defendant intends to serve a subpoena upon Holy Spirit Hospital. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena will be served. Respectfully submitted, THOMAS, THOMAS & HAFE ;LLP 131 1? ? ? Date MARC A. MOYER, ES IR DEBRA L. BARBER and MICHAEL BARBER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA, Plaintiffs V. NO.: 10-7914 CIVIL ACTION - LAW USAA CASUALTY INSURANCE COMPANY, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holy Spirit Hospital Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records regarding Debra Lynn Barber (DOB 3/12/69) including but not limited to: office notes doctor's records/reports/correspondence/notes/memoranda, hospital records /reports, physical therapy records /reports. radiological reports and films (i.e., x-rays, MRIs, CT scans, etc;),_prescriptions telephone call messages, correspondence, psychological and/or psychiatric records reports/correspondence/notes, etc. from 1/15/97 to the present. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 HOME: (717) 441-3960 ATI'Y ID#: 76434 ATTY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the <J day of 2011, on all counsel of record as follows: Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 171 10 (Counsel for Plaintiffs) THOMAS, THOMAS & HAFER, LLP LL Renee K. Coonradt, Paralegal for Marc A. Moyer, Esquire 1007693.1 2 CERTIFICATE OF SERVICE I, RENEE K. COONRADT, PARALEGAL of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Counsel for Plaintiffs THOMAS, THOMAS & HAFER, LLP Date: RV\IQ RENEE K. COONRADT, PARALEGAL