HomeMy WebLinkAbout12-4640
DOUGLAS LAW OFFICE
43 WEST SOUTH STREET
CARLISLE PA 17013
TELEPHONE 717-243-1790
2512 JUL 24 PM 3* 13
WILLIAM P. DOUGLAS, ESQ.
`'UMgERLAND CO UNITY Supreme Court I.D.# 37926
PENNSYLVANIA
.............................................................................._.........................................................,....................._........................................
.................._.........................._...................................,
Jeffrey F. Strausbaugh In the Court of Common Pleas of
Cumberland County Pennsylvania
Plaintiff
vs
No. 2012- y? Civil Term
s Allstate Fire and Casualty Insurance
Company
Civil Action Law
..........................................................................................................._Defendant...................................._JurY..Trial. Demanded........................
...........,
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this
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 Plaintiffs. You may lose money or property
or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, 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, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT
MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE
OR NO FEE:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013 Tel: (717) 249-3166
DATE: July 23, 2012
BY ? ,.1k. Q
0163
Complaint
1. The plaintiff, Jeffrey F. Strausbaugh, is an adult individual residing at 220
North 5t" Street, Apartment 36, McSherrystown, Pennsylvania, 17344.
2. The Defendant, Allstate Fire and Casualty Insurance Company, is a
corporation licensed to do business in the Commonwealth of
Pennsylvania, with offices located in this county and in counties
throughout the Commonwealth of Pennsylvania, with a claims office
located at 6345 Flank Drive, Harrisburg, Dauphin County, Pennsylvania.
3. On or about May 2, 2011, at approximately 16:33 hours, the plaintiff was
involved in a motor vehicle accident while riding as a passenger in a
commercial pickup truck being operated by Richard Strausbaugh and
owned by JA Myers Building Development.
4. There was a policy of insurance in effect at the time of the accident, issued
to the plaintiff by Allstate Fire and Casualty Insurance Company bearing
policy number 918811297 03/20 and assigned claim number 0211626171
SBJ. The contract provided stacked underinsured motorist benefits in the
total amount of $100,000.00 (two vehicles covered for $50,000.00/ vehicle,
full tort, stacked underinsured motorists benefits).
5. On the aforesaid date, the plaintiff was injured in a motor vehicle accident
which occurred in Cumberland Township, Adams County, Pennsylvania.
At the time of the accident the plaintiff was a passenger in a non-owned
motor vehicle which was not available for his regular use.
6. As a direct and approximate result of that accident the plaintiff was
required to undergo medical treatment for his injuries and has been
unable to perform his regular work duties in past and may be unable to
return to said work duties in the future.
7. Allstate wrongfully refused to provide and pay benefits for underinsured
motorist coverage. Benefits which were promised to him by Allstate and
were payable to him pursuant to the terms of the insurance contract, the
severity of his injuries and the losses suffered as a result thereof.
8. Allstate did knowingly and intentionally misrepresent and deceive Jeffrey
F. Strausbaugh with respect to the availability of underinsured motorist
coverage available under his policy of insurance. Allstate wrongfully
denied benefits to the plaintiff by claiming that the vehicle in which he
was a passenger was made available by JA Myers Building Development,
for the plaintiff's regular use, or regular use by members of his household,
when in fact it was not. The vehicle, in which he was a passenger, was
pick-up truck owned by his employer, and only, on limited occasion,
would Jeffrey Strausbaugh get a ride to a job site in the 2000 Ford pick-up
truck in question.
9. Allstate has frivolously and with no proper foundation for their actions
refused to pay proceeds under their policy of insurance and provide
underinsured motorists benefits in accordance with the terms of the
policy.
10. The bad faith conduct of Allstate gives rise to a cause of action pursuant to
42 Pa. C.S.A. §8371.
11. The defendant failed to promptly and completely investigate the claim
arising under the aforementioned contract of insurance, by reason of the
aforesaid incident.
12. The defendant did not act in good faith to effectuate prompt, fair and
equitable resolution of the claim for underinsured motorist benefits,
knowing that liability is clear and coverage applies, and as a result, the
plaintiff has been forced to incur expenses to protect his interests.
13. The defendant has failed to promptly provide a factually sound
explanation for the basis of their denial which they based upon an
inapplicable exclusion in the insurance policy which has no relation to the
applicable facts and/or law.
14. The defendant has willfully, maliciously and / or recklessly withheld
benefits from the plaintiff, due to its failure to investigate the claim
thoroughly which constitutes a breach of an implied covenant of good
faith and fair dealing.
15. The defendant, in bad faith, has denied payment to it's insured without a
sound legal basis for its denial and in not fully inquiring into the possible
basis which might support the insured's claim of coverage.
16. Allstate has deliberately acted in conscious disregard and with
indifference to the rights of their insured.
17. The defendant impliedly and / or expressly warranted that it would, in
good faith, provide insurance coverage to Jeffrey F. Strausbaugh in
accordance with and abide by the terms of said contract.
18. As a result of the aforesaid actions and course of conduct, the defendant
has breached their contract with the plaintiff, and said breach has resulted
in injury and loss being suffered by the plaintiff, as well as aggravation,
inconvenience and emotional distress.
19. The plaintiff hereby requests all available damages and relief as provided
in 42 Pa. C.S.A. §8371 and payment in full of any and all available benefits
under the terms of the aforesaid contract.
Wherefore it is prayed that judgment be entered in favor of the plaintiff and against the
defendant in an amount in excess of that requiring compulsory referral to arbitration. A
jury trial is hereby demanded.
Respectfully submitted,
William P. Douglas
Ralph D. Oyler
Attorneys for Plaintiff
July 23, 2012
I HEREBY SWEAR OR AFFIRM THAT THE FOREGOING IS TRUE AND
CORRECT TO THE BEST OF MY INFORMATION AND BELIEF.
THIS IS MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. §4904 RELATING
TO UNSWORN FALSIFICATION TO AUTHORITIES.
F j"L
e y F. Strausbaugh
June o; , 2012
r
6345 FLANK DRIVE, SUITE 2000
WAIISMfe"HARRISBURG HARRISBURG MCO
PR 572:2
)bu7eitigood hwi
1111111 1111111111111llh11ull111dl1l1 Bill
Law Offices of Karen Clark-Oyler
31 S WASHINGTON ST
GETTYSBURG PA 173252112
January 31, 2012
INSURED: JEFFREY STRAUSBAUGH
DATE OF LOSS: May 02, 2011
CLAIM NUMBER: 0211626171 SBJ
Jeffrey Strausbaugh:
Pl IONE NUMBER: 800-726-8890
FAX NUMBER: 717-540-7540
OFFICE HOURS:
Dear Attorney Ralph Oyler:
This letter is to restate our position on the above file for Jeffrey Strausbaugh. At this time we must respectfully deny any
payment as a result of this accident. Our decision is based upon the fact that your client was involved in a motor vehicle
accident while occupying a non-owned vehicle, not insured under the Allstate auto policy, that was provided for his regular
use as an employee of JA Myers Building Development.
In Underinsured Motorists Insurance Coverage SU, page 20, under "Exclusions--What is not covered: Allstate will not pay
any datn:tgcs an insured person is legally entitled to recover because of. 6. bodily injury to your or a resident relative while
in. on, getting into or out of or when struck by a non-owned vehicle not insured for Underinsured Motorists Coverage under
this policy if that non-owned motor vehicle is available for the regular use of you or a resident relative."
In the spirit ofcooperation, we waive our subrogation and consent to the third party and primary UIM settlements for Mr.
Strausbaugh
Please do not misconstrue this waiver to imply that we are providing UIM coverage.
Enclosed is a certified copy of Mr. Strausbaugh"s policy for your review.
Please contact me if you would like to discuss this further.
Sincerely.
BDL.0'70"W N
BETHANY JOHNSON
800-726-8840 Ext. 7583
Allstate Fire and Casualty Insurance Company
FEB. 0 1 2012
GEN1001 0211626171 SH)
Hanover Agency LLC
1147 Eichelberger A
Hanover PA 17331
Ihltlhlrlllhn411lttrlllltllurhlll,ltrnrlrytgnlrlllllll
Jeffrey Strausbaugh
Lynn
220 N 5th St Apt 36
McSherrystown PA 17344-1524
V Verly the vehicles and drivers listed on
the Policy DWaralions.
? Check the vehicle identification number
(VIN) listed on these documents; its
accuracy could affect your premium.
? Now you can pay your premium even
before your bill is issued - visit
alhWile.com of call t-WO-Abstate •.
You can continue enjoying great savings and sate driving rewards.
Here's lire Allstate"' Your Choice Auto Insurance Renewal Offer
I'm pleased to offer to renew your Allstate Fire and Casualty Insurance Company auto
policy with the Your Choice Auto Platinum Protection package for another six months, so
you can continue enjoying extra savings and rewards, including*:
• Up to $500 off your collision coverage deductible - in Pennsylvania, as required
by state law, the deductible amount cannot go below $100.
• With safe driving, a credit of up to 5% can be applied to your next renewal
premium.
• Enhanced accident forgiveness - your rates won't go up just because of an
accident.
'Pbus is a brief descnpoon and not pan of any contract of inswance. Features are opnor l and subject to terms and
conditions Safe Driving Bonus is based on eligible premium for prior policy period.
Enclosed you'll find all of your policy documents, including your Renewal Policy
Declarations, which describes the coverage choices you've made. And be sure to check the
Your Savings and Opportunities page, which shows any discounts and rewards you may
be receiving, important information regarding your package features, and ways to save even
more on your premium.
And remember that you're getting these great features on top of Allstate's quality coverage
and 24/7 claim service.
Optional Enhanced Deductible Rewards Are Available
We want you to know that we also offer enhanced deductible rewards - on top of the
rewards you're already receiving - with Your Choice Auto. These enhanced rewards
include:
(over)
AUTO IBIdIMI11YMNMNIItlIIIIII11N11NIINANI
RA992
Allstate Fire and Casualty Insurance Company
An Opportunity for Enhanced Coverage
New Car Expanded Protection
New Car Expanded Protection coverage is also available for an additional premium to customers who have
added either our Gold Protection package or the Platinum Protection package to their policy. It's a good value if
you want extra protection for your new car.
When you purchase this coverage:
• Allstate can help pay to repair an insured new car you own or lease without a deduction for depreciation if
the car is damaged in a covered accident.
• If you total an insured new car you own in a covered loss, this coverage can help pay to replace it with a
brand new car.
• In certain circumstances, we will help pay the difference between what you may owe on an original auto
lease or auto loan for your insured vehicle and the actual cash value of that vehicle at the time of a covered
total loss.
(This coverage is subject to eligibility requirements. Policy terms, conditions, limitations and exclusions will
apply.)
If you are interested in obtaining this coverage, or would like more information, just contact your Allstate
representative.
More Ways to Save
There are a variety of ways to save money on your Allstate auto insurance. Below are just a few of the discounts
and savings options that may be available in your area. Please contact your Allstate representative for more
information about these and other savings opportunities.
Good Student Discount
Did you know that if the young driver on your policy is an unmarried student under the age of 25 and meets
certain academic criteria, you could be eligible to receive our Good Student Discount?
Multiple Policy Discount
Customers who currently insure their home, condo, mobile home or apartment through Allstate may be eligible
for our Multiple Policy Discount.
New Car Discount
You may be able to add to the thrill of purchasing a brand new car by finding out if it qualifies for our New Car
Discount.
Allstate ® Easy Pay Plan Discount
Along with the features you're already enjoying with Your Choice Auto you may qualify for a premium discount
by having your insurance payments automatically deducted from your bank account through the Allstate Easy
Pay Plan. And you'll be able to select a convenient day of the month for your premium withdrawal - either a
monthly installment payment or a single Pay in Full option. And you'll avoid the hassle of writing checks and
worrying about payments getting lost in the mail. Just contact your Allstate representative, or go to the Customer
Care Center at allstate.com to apply. If you're already enrolled in the Allstate Easy Pay Plan, the discount has
been applied to your policy.
IMPORTANT INFORMATION
Please read the following important information
about the Platinum Protection package features
Accident Waiver Enhancement Plus
Regardless of how long you've been insured with us,
we will not apply any accident surcharges to your
policy, or remove any existing discounts (it applicable)
from your policy, because of rate affecting accidents
that occur while the Platinum Protection package is a
part of your policy. Accidents to which this feature is
applied may still be considered for determination of
initial eligibility for certain discounts as well as for the
Safe Driving Deductible Reward feature and the Safe
Driving Bonus feature.
VADMO.,:a Page 2
FlAm" taml Polo=
Allstate Fire and Casualty Insurance Company
Sale Driving Deductible Reward
With this feature of the Platinum Protection package,
you receive an immediate $100 deductible reduction
amount - and for each designated 12-month period
that your policy is not assigned an applicable accident,
you can receive an additional $100 deductible
reduction amount (up to a $500 maximum). The
deductible reduction amount, which is shown on the
first page of this document, can be used to reduce the
amount you pay for your collision coverage deductible
for covered collision claims. The deductible reduction
amount available for future policy periods will be
reduced if it is used to reduce your collision deductible
for one or more covered collision losses. If the
Platinum Protection package is removed from your
policy (and not replaced with the Gold Protection
package), any accumulated deductible reduction
amount will no longer be available.
Safe Driving Bonus sM
For every designated six-month period that your policy
is not assigned an applicable accident, a Safe Driving
Bonus of up to 5% of the eligible premium amount will
be returned to you in the form of a credit that can be
applied toward your next six-month renewal premium.
If your policy does not renew, the credit amount will be
applied to any outstanding premium balance, and any
remainder refunded to you.
Double Deductible Rewards aM
If your policy receives the Multiple Policy Discount, you
can double your Safe Driving Deductible Rewards.
Instead of receiving a $100 deductible reduction
amount for each 12-month period that your policy is
not assigned an applicable accident, you will receive a
$100 deductible reduction amount for each 6-month
period of sate driving. All other terms and conditions
of the Safe Driving Deductible Reward apply. To qualify
for the Multiple Policy Discount, you or your spouse
must also have a Homeowners, Mobilehome Owners,
Renters, or Condominium Owners policy with a
qualifying company in the Allstate group of insurers
that covers your principal residence. If you do not
currently receive this discount and believe you may
qualify, please contact your Allstate representative.
Note: this document provides general information about the features of the Platinum Protection package that
you selected. The specific details, which govern how the features apply, are shown in Allstate's rates, rules,
and/or forms currently in effect. Additionally, continuation of your policy is subject to Allstate's underwriting
criteria.
X72557
IAVIIlNI11N11111N11111111dIINNRNIINYg1 ?..
Allstate Fire and Casualty Insurance Company
RENEWAL
Auto Policy Declarations
Summary
NAMED INSURED(S)
Jeffrey Strausbaugh
Lynn CT Apts Apt 36
220 North 5th Street
McSherrystown PA 17344
YOUR ALLSTATE AGENT IS
Hanover Agency LLC
(717) 646-8238
YOUR BILL
lists your payment options.
POLICY NUMBER
9 18 811297 03/20
DRIVER(S) LISTED
Jeffrey
1147 Eichelberger A
Hanover PA 17331
POLICY PERIOD
Mar. 20, 2011 to Sep. 20, 2011 at 12:01 a.m. standard time
DRIVER(S) EXCLUDED
None
VEHICLES COVERED VEHICLE ID NUMBER LIENHOLDER
1. 92 Oldsmobile Cultas Ciera 1G3AK54N1N6405030 None
2. 97 Buick Lesabre 1G4HR52K8VH573687 None
Total Premium
Premium for 92 Oldsmobile Cutlas Ciera $200.41
Premium for 97 Buick Lesabre $171.30
TOTAL Premium if you pay in full (Includes FullPay Discount) $354.89
TOTAL Premium if you pay in installments $371.71
If you pay less than the pay in full amount, you will be charged an installment fee(s).
I/ Your total premium reflects a combined discount of $143.60
Your Policy Effective Date Is Mar. 20, 2011
Your premium reflects the Platinum Protection package
IN ACCORDANCE WITH SECTION 1725 OF THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY LAW, THIS IS TO INFORM YOU THAT COLLISION DAMAGE TO
A RENTAL VEHICLE WILL BE COVERED IF: 1) THE RENTAL VEHICLE 13 A FOUR WHEEL PRIVATE PASSENGER AUTOMOBILE OR A UTILITY AUTOMOBILE, AND
2) AT LEAST ONE PREMIUM FOR AUTO COLLISION COVERAGE APPEARS ON YOUR POLICY DECLARATIONS. COVERAGE WILL SE SUBJECT TO
DEDUCTIBLES AND TO POLICY TERMS AND CONDITIONS, INCLUDING ANY APPLICABLE ENDORSEMENTS.
b".9" U.1 Page 4
AUTO IBNNMIRNNIINtlIIYNegI1111111NM11d1 .
..
Allstate Fire and Casualty Insurance Company
P014 Number : 9 18 811297 83120 Your Agent: Hanover Agency LLC (7171646.8238
Polky Eilective Date. Mar. 20, 2011
COVERAGE FOR VEHICLE 1111
1992 Oldsmobile Cutlas Ciera
COVERAGE LIMITS DEDUCTIBLE PREMIUM
Automobile Liability insurance -- Full Tort
• Bodily Injury $50,000 each person Not Applicable $72.22
$100,000 each occurrence
• Property Damage $50,000 each occurrence Not Applicable $51.37
Medical Expenses $10.000 each person Not Applicable $26.88
Funeral Expenses $2,500 each person Not Applicable $0.55
Income Loss
Each person up to $5,000 maximum benefit Not Applicable $4.35
Subject to $1,000 monthly maximum
Uninsured Motorists Insurance $50,000 each person Not Applicable $14.98
Full Tort / Stacked Limits $100,000 each accident
Underinsured Motorists Insurance $50,000 each person Not Applicable $30.06
Full Tort / Stacked Limits $100,000 each accident
Total Premium for 92 Oldsmobile Cutlas Ciera $200.41
DISCOUNTS Your premium for this vehicle reflects the following discounts:
Automatic Seat Belts $5.62 Premier Plus $63.95
RATING INFORMATION
Owns Residence: No
This vehicle is driven over 7,500 miles per year, 0-3 miles to work/school, unmarried driver age 52
WPM~ na Page 5
F- w V w.2011 "A"M
Allstate Fire and Casualty Insurance Company
Policy Member: 9 18 811297 03/20 Your Agent: Hanover Agency LLC (717) 848-8238
Policy Effective Date: Mar. 20, 2011
COVERAGE FOR VEHICLE 12
1997 Buick Lesabre
COVERAGE LIMBS DEDUCTIBLE PREMIUM
Automobile Liability Insurance -- Full Tort
• Bodily Injury $50,000 each person Not Applicable $58.55
$100,000 each occurrence
• Property Damage $50,000 each occurrence Not Applicable $42.80
Medical Expenses $10,000 each person Not Applicable $21.08
Funeral Expenses $2,500 each person Not Applicable $0.46
Income Loss
Each person up to $5,000 maximum benefit Not Applicable $3.40
Subject to $1,000 monthly maximum
Uninsured Motorists Insurance $50,000 each person Not Applicable $14.95
Full Tort / Stacked Limits $100,000 each accident
Underinsured Motorists Insurance $50,000 each person Not Applicable $30.06
Full Tort / Stacked Limits $100,000 each accident
Total Premium for 97 Buick Lesabre $171.38
DISCOUNTS Your premium for this vehicle reflects the following discounts:
Passive Restraint $10.69 Antilock Brakes $11.27
Premier Plus $52.07
RATING INFORMATION
Owns Residence: No
INYIVIM?IIMIIYIIRIIW{IIIYI?IIGINN?hI?1 ? 3011
Allstate Fire and Casualty Insurance Company
Policy Number : 9 18 811297 03!20 Your Agent: Hanover Agency LLC (717( 646-8238
Pollcy Elhedre Date: Mar. 20, 2011
Your Policy Documents
Your auto policy consists of this Policy Declarations and the documents listed below. Please keep them together.
- Pennsylvania AFCIC Auto Policy form AFA3 - PA Auto Amendatory Endorsement form AFA31-1
Important Payment and Coverage Information
Your rate is lower because you are insuring multiple cars.
Your Platinum Protection package contains the following features:
• Accident Waiver Entrancement Plus feature
• Safe Driving Deductible Reward feature
• Safe Driving Bonus feature
IN WITNESS WHEREOF, Allstate has caused this policy to be signed by its Secretary and its President at Northbrook,
Illinois, and if required by state law, this policy shall not be binding unless countersigned on the Policy Declarations by
an authorized agent of Allstate.
Frederick F. Gripe R" 1 "C
President Mary I McGinn
Secretary
wwwa m sa Page 7
NY=r 16.2011 NOIMA
T
Allstate Fire and
Casualty Insurance
Company Auto Policy
Policy: (({{{{{{{{{{{{({{
Issued to:
)11)})111}}}}}}}}}}))N}II)}}II)I}
Effective: llllllllllllllllll
l l l l l l 11l l l l l l l l 1 11/1l l l l l l l l l 1111
((((((((tt(t(t(t(((((t((((tt(l(tll
PENNSYLVANIA
AFA3
Answe_Fire wnti asuaWtln;:uranc lowany
TABLE OF CONTENTS
IN ACCORDANCE WITH SECTION 1725 OF THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY
LAW, THIS IS TO INFORM YOU THAT COLLISION DAMAGE TO A RENTAL. VEHICLE WILL BE
COVERED IF: 1) THE RENTAL VEHICLE IS A FOUR WHEEL PRIVATE PASSENGER AUTOMOBILE OR
A UTILITY AUTOMOBILE, AND 2) AT LEAST ONE PREMIUM FOR COLLISION COVERAGE (DD)
APPEARS ON YOUR POLICY DECLARATIONS.
COVERAGE WILL BE SUBJECT TO DEDUCTIBLES AND TO POLICY TERMS AND CONDITIONS,
INCLUDING ANY APPLICABLE ENDORSEMENTS
GENERAL PROVISIONS
Insuring Agreement .......................................2
When and Where the Policy Applies ...............2
Definitions ............................... _.................... 2
Changes
Premium Changes ......................................2
Coverage Changes .....................................3
Transfer ........................................................3
Cancellation ................................................. 3
Non-Renewal ................................................3
Conditional Reinstatement ..............................3
Charge for Insufficient Funds ..........................4
Conformity to State Statutes ...........................4
What Law VAR Apply .......................................4
Where Lawsuits May Be Brought ....................4
Action Against Allstate ....................................4
Arbitration .............................. _ .....................4
PART 2
FIRST PARTY BENEFITS COVERAGE
COVERAGES CC, CF, VW, VM, CE
Insuring Agreement ................................ ...... 9
Definitions .............................. ............... ....... 9
Exclusions .............................. ............... .... ...10
Policy Period; territory ................................. 11
Limits Of Liability ..................................... ......11
Priorities Of Policies ..................................... 12
Action Against Allstate .............................. -.12
Notice to Allstate .............................. _............ 12
Proof Of Claim; Medical Reports ............... .......12
Customary Charges For Treatment .......... .......13
Non-Duplication Of Benefits ........................... 13
Other Insurance ............................... _..... ....... 13
PART 3
UNINSURED MOTORISTS INSURANCE
COVERAGE SS
PART 1
AUTOMOBILE LiMILRY INSURANCE
COVERAGES AA AND BB
Insuring Agreement .......................................5
Additional Payments Allstate Will Make ......... .5
Insured Persons ............................................ 5
Insured Autos ................................................6
Definitions .............................. _................... . 6
Exclusions-What is not covered ................. .6
Financial Responsibility .................................7
Limits of Liability .......................................... ..7
ff There Is Other Insurance ............................ .8
Assistance and Cooperation Of
The Insured .............................................. .A3
Action Against Allstate .................................. .8
Bankruptcy Or Insolvency ............................ ..9
What To Do In Case Of An Auto Accident
Or Claim ............................... _................ .. .9
Insuring Agreement .......................................13
Insured Persons ......................................... ....13
Definitions .............................. .................. .... 14
Exclusions-What is not covered ............... ....15
Limits of Liability ........................................ ....15
Non-Duplication of Benefits ...................... ..... 16
If There Is Other Insurance ........................ .....17
Proof of Claim; Medical Reports ................. ....17
Assistance and Cooperation of the Insured ....17
Trust Agreement ........................................ ....17
Payment of Loss by Allstate ...................... .....18
Action Against Allstate ........................ ...... ... 18
R We Cannot Agree ................................... .... 18
UNDERINSURED MOTORISTS INSURANCE
COVERAGE SU
Insuring Agreement ................................... ....19
Insured Persons ........................................ .....19
Definitions ................................................ .....19
Exclusions-What is not covered .............. ....20
Page 1
Limits of Liability ............................................ 20
Non-Duplication of Benefits ........................... 22
M There Is Other Insurance .............................22
Proof of Claim; Medical Reports ..................... 22
Assistance and Cooperation of the Insured .... .23
Trust Agreement ........................................... 23
Payment of Loss by Allstate .......................... .23
Action Against Allstate .................................. .23
If Wh Cannot Agree .............................. ._...... . 23
PARE 4
PROTECTION AGAINST LOSS TO THE AUTO
COVERAGES OD, HE, HF, HG, HH, JJ, W,
7A, u
Insuring Agreements For Each Coverage ... .....24
Additional Payments Allstate VAII Make .........25
Insured Autos ........................................... .....26
Definitions ............................... _............... ..... 26
Exclusions-What is not covered ............. .....27
Right to Appraisal .................................... .....28
Payment of Loss By Allstate ...................... .....28
Urnits of Liability ....................................... .....28
9 There Is Other Insurance ....................... ......28
Action Against Allstate ............................. ......29
Subrogation Rights .................................. .....29
Loss Payable Clause ................................. .....29
What You Must Do It There Is A Loss ........ .....29
Allstate Fire and Casualty Insurance
Company
The Company Named in the Policy Declarations
A Stock Company
Home Office: Northbrook, Illinois
GENERAL PROVISIONS
Insuring Agreement
The coverages of this policy apply only when a
specific premium is indicated for them on the Policy
Declarations. If more than one auto is insured, a
coverage premium will be shown for each auto.
Allstate, relying an the information you have given
us, makes the following agreements with you.
When and Where the Policy Applies
During the policy period, your policy applies to losses
to the auto, accidents and occurrences within the
United States of America, its territories or
possessions or Canada, or between their ports.
Definitions
1. "Allstate", "Wei' "Us" or "Our" means the
company named on the Policy Declarations of
the policy.
2. "Auto" means a land motor vehicle designed
for use principally on public roads.
3. "You" or "Your" means the policyholder
named on the Policy Declarations and that
policyholders resident spouse.
Changes
Premium Changes
The premium for each auto is based on the
information Allstate has received from you or other
sources. You agree to cooperate with us in
determining it this information is correct, if it is
complete, and if it changes during the policy period.
You agree that if this information changes or is
incorrect or incomplete, we may adjust your
premium accordingly during the policy period.
Changes which result in a premium adjustment are
Page 2
contained in our rules. These include, but are not
limited to:
1. autos insured by the policy, including changes
in use.
2. drivers residing in your household, their ages
or marital status.
3. coverages or coverage limits.
4. rating territory.
5. discount eligibility.
Any calculation or adjustment of your premium will
be made using the rules, rates and forms in effect,
and on file if required, for our use in your state.
Coverage Changes
When Allstate broadens a coverage during the policy
period without additional charge, you have the new
feature 4 you have the coverage to which it apples.
The new feature applies on the date the coverage
change is effective in your state. Otherwise, the
policy can be changed only by endorsement. Any
change in your coverage will be made using the
rules, rates and forms in effect, and on file it
required, for our use in your state.
Transfer
This policy can't be transferred to another person
without our written consent. However, if you die this
policy will provide coverage until the end of the
policy period for your legal representative while
acting as such and persons covered on the date of
your death.
Cancellation
You may cancel this policy by writing and telling us
at what future date you wish to slop coverage.
Allstate may cancel part or all of this policy by
mailing notice to you at your last known address. If
we cancel because you didn't pay the premium, the
date of cancellation will be at least 15 days after the
date of mailing notice.
I we cancel for any other reason within the first 59
days of the original policy period, the date of
cancellation will be at least 10 days after mailing the
notice. Otherwise, we will give you 60 days notice.
Mailing the notice will be proof of notice. A refund, if
due, will be proportional to the time your policy has
been in effect, but cancellation will be effective even
though the refund is not made immediately.
After your original policy has been in effect 60 days,
Allstate won't cancel your policy prior to the next
anniversary of the original effective date unless:
1. The premium isn't paid when due; or
2. You had your driver's license suspended or
revoked; or
3. You concealed a material fact, or made a
material misrepresentation of fact, which if
known to us would have caused us not to
issue the policy.
Our right to cancel this policy is subject to the
provisions of Pennsylvania Consolidated Statutes
Section 1008.3 et seq.
Any unearned premium amounts under $2.00 will be
refunded only upon your request.
Non-Renewal
We have the right to nonrenew this policy only at
each anniversary of the original effective date. l1we
don't intend to renew the policy, we will mail you
notice at least 60 days before the ne)d anniversary
date. Our right to ronrenew this policy is subject to
the provisions of Pennsylvania Consolidated Statutes
Section 1008.3 et seq.
Conditional Reinstatement
# we mail a cancellation notice because you didn't
pay the required premium when due and you then
tender payment by check, draft, or other remittance
which is not honored upon presentation, your pdo
will terminate on the date and time shown on the
cancellation notice and any notice we issue which
waives the cancellation or reinstates coverage is
void This means that Allstate will not be liable under
Page 3
this policy for claims or damages after the date and
time indicated on the cancellation notice.
Charge for Insufficient Funds
N at any time, your payment of any premium amount
due is made by check, electronic transaction, or
other remittance which is not honored because of
insufficient funds or a closed account, you will be
charged a fee.
Conformity to State Statutes
When any policy provision is in conflict with the law
of the state in which the policy was issued, the law
of the state applies.
What Law Will Apply
This policy is issued in accordance with the laws of
Pennsylvania and covers property or risks principally
located in Pennsylvania. Subject to the following
paragraph, arty and all claims or disputes in any way
related to this policy shall be governed by the laws of
Pennsylvania.
If a covered loss to the auto, a covered auto
accident, or any other occurrence for which coverage
applies under this policy happens outside
Pennsylvania, claim or disputes regarding that
covered loss to the auto, covered auto accident, or
other covered occurrence may be governed by the
laws of the jurisdiction in which that covered loss to
the auto, covered auto accident or other covered
occurrence happened, only if the laws of that
jurisdiction would apply in the absence of a
contractual choice of law provision such as this.
Where Lawsuits May Be Brought
Subject to the following two paragraphs, any and all
lawsuits in any way related to this polity shall be
brought, heard, and decided only in a state or federal
court located in Pennsylvania. Any and all lawsuits
against persons not parties to this policy but involved
in the sale, administration, performance, or alleged
breach of this policy or involved in any other way
with this policy, shall be brought, heard, and decided
only in a state or federal court located in
Pennsylvania, provided that such persons are subject
to or consent to suit in the courts specified in the
paragraph.
B a covered loss to the auto, a covered auto
accident, or any other occurrence for which coverage
applies under this polity happens outside
Pennsylvania, lawsuits regarding that covered I ss to
the auto, covered auto accident, or other covered
occurrence may also be brought in the judicial
district where that covered loss to the auto, covered
auto accident, or other covered occurrence
happened.
Nothing in this provision, VA*re Lawsuits May Be
Brought, shall impair any party's right to remove a
state court lawsuit to a federal court.
Action Against Allstate
No one may bring an action against us unless:
there is full compliance with all policy terms;
and
2. the action is commenced within one year of
the date the cause of action accrues.
However, it an action is in any way related to the
existence or amount of coverage, or the amount of
loss for which coverage is sought, under a particular
coverage that is shown on the Policy Declarations,
such action must be commenced within the time
period specified in the Action Against Allstate
provision of that particular coverage. If an action is
brought asserting claims relating to the existence or
amount of coverage, or the amount of loss for which
coverage is sought, under different coverages of this
policy, the claims relating to each coverage shall be
treated as if they were separate actions for the
purpose of the time limit to commence action.
Arbitration
Any claim or dispute in any way related to this policy,
by a person insured under this polity against us or
us against a person insured under this policy, may be
resolved by arbitration only upon mutual consent of
the parties. Arbitration pursuant to this provision
shall be subject to the following:
1. no arbitrator shall have the authority to award
punitive damages or attorney's fees;
neither of the parties shall be entitled to
arbitrate any claims or disputes in a
Page 4
T
Neither of the parties shall be entitled to arbitrate any
claims in a representative capacity or as a member
of a class. No arbitrator shall have the authority,
without the mutual consent of the parties, to
consolidate claims in arbitration.
UNDERINSURED MOTORISTS INSURANCE
COVERAGE SU
If a limit of liability is shown on your Policy
Declarations for Underinsured Motorists Insurance-
Coverage SU, we will pay damages to an insured
person for bodily injury which an insured person is
legally entitled to recover from the owner or operator
of an underinsured auto. Bodily injury must be
caused by accident and arise out of the ownership,
maintenance or use of an underinsured auto. Vk will
not pay any punitive or exemplary damages.
No judgment for damages arising out of a suit
brought against the owner or operator of an
underinsured auto is binding on us unless:
1. We received reasonable notice of the
pendency of the suit resulting in the judgment;
and
2. Vie had a reasonable opportunity to protect
our interests in the suit.
Insured Persons
These persons are insured under Coverage SU:
1. You and any resident relative,
2. Any other person while in, on, getting into or
out of your insured auto with your permission,
and
3. Any other person who is legally entitled to
recover because of bodily injury to you, a
resident relative, or an occupant of your
insured auto with your permission.
An insured auto is a motor vehicle:
1. Described on the Policy Declarations. This
includes the motor vehicle you replace it with
2. You acquire ownership of during the policy
period. This additional motor vehicle will be
covered if Allstate insures all other private
passenger motor vehicles you own. You must,
however, notify Allstate within 30 days after
you acquire the motor vehicle and pay any
additional premium.
3. Not owned by you or a resident relative g
being temporarily used while your insured
auto is being serviced or repaired, or if your
insured auto is stolen or destroyed. The motor
vehicle must be used with the owner's
permission. it can't be furnished for the regular
use of you or any resident relative.
4. Not owned by you or a resident relative being
operated by you with the perfrission of the
owner. This auto must not be available or
furnished for the regular use of an insured
person.
5. Not made available for public hire by an
insured person.
An underinsured auto is:
A motor vehicle which has bodily injury liability
protection in effect at the time of the accident, but Its
irrat for bodily injury liability is less than the damages
the insured person is legally entitled to recover.
An underinsured auto is not:
1. An uninsured auto.
2. A motor vehicle insured for bodily injury
liability under Part 1 of this policy.
3. A motor vehicle owned by the United States.
4. A motor vehicle owned by, or fumished or
available for the regular use of you or any
resident relative.
Definitions
1. ' Allstate,' ' We,' ' Us' or' our' means the
company named on the Policy Declarations of
the policy.
2. "Bodily Injury" means bodily injury, sickness,
disease or death.
Page 19
3. "Motor Vehicle" means a land motor vehicle
or attached trailer other than:
a) a vehicle or other equipment designed for
use principally off public roads, or
b) a vehicle operated on rails or crawler-
treads, or
c) a vehicle when used as a residence or
premises.
4. ' Noneconomic Loss' means pain and
suffering and other nonmonetary detriment.
5. 'Resident" means a person who physically
resides in your household with the intention of
continuing residence there. Your unmarried
dependent children temporarily living away
from home will be considered residents if they
intend to resume residing in your household.
6. 'Serious Injury' means a personal injury
resulting in death, serious impairment of body
function or permanent serious disfigurement.
7. ' You' or' Your means the resident
policyholder named on the Policy Declarations
and that policyholder's resident spouse.
Exclusions-What is not covered
Allstate will not pay arty damages an insured person
is legally entitled to recover because of:
1. bodily injury to any person who makes a
settlement without our written consent, if such
agreement adversely affects our rights.
2. bodily injury, if the payment would directly or
indirectly benefit any workers compensation or
disability benefits insurer, including a self-
insurer.
3. bodily injury while in, on, getting into or out of,
or when struck by an underinsured motor
vehicle owned by you ora resident relative.
4. bodily injury arising out of the participation in
any prearranged, organized, or spontaneous:
a) racing contest;
b) speed contest; or
c) use of an auto at a track or course
designed or used for racing or high
performance driving;
or in practice or preparation for any contest or
use of this type.
5. bodily Injury to anyone while in, on, getting
into or out of or when struck by a motor
vehicle owned or leased by you or a resident
relative which is not insured for Underinsured
Motorists Coverage under this policy.
6. bodily injury to you or a resident relative while
in, on, getting into or out of or when struck by
a non-owned motor vehicle not insured for
Underinsured Motorists Coverage under this
policy if that non-owned motor vehicle is
available for the regular use of you or a
resident relative.
Limits of Liability
1. Limited Tort Insurance
If the Policy Declarations indicate you elected
Limited Tort insurance for Coverage SU, you or
any resident relative may seek compensation
for economic loss sustained due to bodily
injury in a covered motor vehicle accident.
You or any resident relative are precluded
from maintaining an action for any
noneconomic loss unless the injury sustained
is a serious injury or the at-fault person:
a) is convicted of, or accepts Accelerated
Rehabilitative Disposition for, driving
under the influence of alcohol or a
controlled substance in the accident; or
b) is operating a motor vehicle registered in
another state; or
c) intends to injure himself or another
person.
You or any resident relative otherwise bound
by the Limited Tort option shall retain full tort
rights with respect to claims against a person
in the business of designing, manufacturing,
repairing, servicing or otherwise maintaining
motor vehicles. Full tort rights will be retained
by you or any resident relative for claims
involving a motor vehicle which has a defect
caused by, or not corrected by, an act or
Page 20
omission in the course of such a business,
other than a defect in a motor vehicle which is
operated by such business.
You or any resident relative otherwise bound
by the Limited Tort option shall retain full tort
rights if injured while an occupant of a motor
vehicle other than a private passenger motor
vehicle.
Whenever the at-fault person has not
maintained financial responsibility, you or a
resident relative cannot maintain an action for
noneconomic loss for bodily injury unless one
of the above conditions are met.
2. Full Tort Insurance
0 the Policy Declarations indicate you elected
Full Tort insurance for Coverage SU, you or any
resident relative may seek compensation for
noneconomic loss and economic loss
sustained in a covered motor vehicle accident
caused by another person.
3. When limits of two or more insured autos
may be stacked:
If the Policy Declarations indicate you elected
to stack limits for two or more insured autos
together under Coverage SU, the following
Limits of Liability apply.
The Coverage SU limit shown on the Policy
Declarations for
a) ' each person' is the maximum that we
will pay for damages arising out of bodily
injury to one person in any one motor
vehicle accident, including damages
sustained by anyone else as result of that
bodily injury.
Injury to two or more persons in any one
Weir vehicle accident.
When the limits of two or more insured
autos are stacked, subject to the lirnit for
each person'. our maximum limit of
liability for damages to two or more
persons in any are accident is the sum of
the 'each accident' limits for each
insured auto shown on the Policy
Declarations.
4. When the limits of two or more insured autos
may not be stacked:
If the Policy Declarations indicate you did rot
elect to stack limits for two or more insured
autos together under Coverage SU, the
following limits of Liability apply.
When the limits of two or more insured 5.
autos are stacked, our maximum limit of
liability for damages to you or a resident
relative in any one accident is the sum of
the * each person' limits for each insured
auto shown on the Policy Declarations.
b) ' each accident' is the maximum that we
will pay for damages arising out of bodily
The Coverage SU limit shown on the Policy
Declarations for-
a) *each person' is the maximum that we
will pay for damages arising out of bodily
k*rry to one person in any one motor
veidcle accident, including damages
sustained by anyone else as a result of
that bodily Injury.
b) ' each accident' is the maximum that we
will pay for damages arising out of bodily
injury to two or more persons in any one
motor vehicle accident.
These limits are the maximum Ailstate will pay
for any one motor vehicle accident regardless
of the number of
a) claims made;
b) vehicles or persons stated on the Policy
Declarations; or
c) vehicles involved in the accident.
If bodily injury is sustained in a motor vehicle
accident by any person other than you or a
resident relative, our maximum limit of liability
is the limit of liability shown on the Policy
Declarations applicable to the vehicle the
insured person was occupying at the time of
the motor vehicle accident. This is the most
we will pay regardless of the number of
a) claims made;
Page 21
T
b) vehicles or persons shown on the Policy
Declarations; or
vehicles involved in the motor vehicle
accident,
whether the Policy Declarations indicate
stacking or non-stacking of limits. The
Coverage SU-Underinsured Motorists
Insurance limits apply to each insured motor
vehicle as shown on the Policy Declarations.
We are not obligated to make any payment for
bodily injury under this coverage which arises
out of the use of an underinsured auto until
after the limits of liability for all motor vehicle
liability protection in effect and applicable at
the time of the accident have been exhausted
by payment of judgments or settlements.
Subject to the above limits of liability, damages
but not limits payable will be reduced by:
a) all amounts paid by the owner or operator
of the underinsured auto or anyone else
responsible. This includes all sums paid
under the bodily injury liability coverage of
this or any other policy.
b) all amounts paid or payable under any
Personal Injury Protection, any First Party
Benefits Coverage, any automobile
medical payments coverage and any other
sources of benefits specified under
Section 1722 of Title 75 of the
Pennsylvania Consolidated Statutes.
Non-Duplication of Benefits
No injured person will recover duplicate benefits for
the same elements of loss under this or any other
underinsured motorists coverage including approved
plans of self-insurance or First Party Benefits
Coverage.
If There Is Other Insurance
1. When the limits of two or more insured autos
may be stacked:
If the insured person was in, on, getting into or
out of a vehicle you do not own which is
insured for this coverage under another policy,
this coverage will be excess. This means that
when the insured person is legally entitled to
recover damages in excess of the other policy
limit, we will pay up to your policy limit, but
only after all other collectible insurance has
been exhausted.
If more than one policy applies to the accident
on a primary basis, we will bear our
proportionate share, as it applies to the total
limits available, up to the full limits of liability
for this coverage under this policy.
2. When limits of two or more insured autos
may not be stacked:
N the insured person was in, on, getting into or
out of a vehicle you do not own which is
insured for this coverage under another policy,
this coverage will be excess. This means that
when the insured person is legally entitled to
recover damages in excess of the other policy
limit, we will pay up to your policy limit, but
only after all other collectible insurance has
been exhausted.
If more than one policy applies to the accident
on a primary basis, the total benefits payable
to any one person will not exceed the
maximum benefits payable by the policy with
the highest limit for underinsured motorists
benefits. We will bear our proportionate share,
as it applies to the total limits available, up to
the full limits of liability for this coverage under
this policy. This applies no matter how many
autos or auto policies may be involved whether
written by Allstate or not.
Proof of Claim; Medical Reports
As soon as possible, you or any other person making
claim must give us written proof of claim including
all details reasonably required by us to determine the
amounts payable.
The injured person may be required to take physical
examinations by physicians selected by us, as often
as we reasonably require. The injured person or his
representative must authorize us to obtain medical
reports and copies of records.
Page 22
Assistance and Cooperation of the
Insured
We may require the insured person to take proper
action to preserve all rights to recover damages from
anyone responsible for the bodily injury. An insured
person must assist us in securing evidence,
obtaining witnesses and in conducting suits- This
includes submitting to signed statements and
disclosing all facts.
Trust Agreement
When we pay any person under this coverage:
1. Vh are not entitled to repayment until after the
person we have paid under this coverage has
been compensated for all damages that person
was legally entitled to recover. We are entitled
to repayment of amounts paid by us and
related collection expenses out of the proceeds
of any settlement or judgment that person
recovers from any responsible party or insurer.
All rights of recovery against any responsible
party or insurer must be maintained and
preserved for our benefit.
lt we ask, injured persons must take
appropriate action in their names to recover
damages from any responsible party or
insurer. VVfe will select the attorney and pay all
related costs and fees. We will not ask the
injured person to sue the insured of any
insolvent insurer or any insurer involved in
insolvency proceedings.
Payment of Loss by Allstate
Any amount due is payable to the injured person, to
the parent or guardian of an injured minor, or to the
spouse of any injured person who dies. However, we
may pay any person lawfully entitled to recover the
damages.
Actions Against Allstate
No one may bring an action against us in any way
related to the existence or amount of coverage, or
the amount of loss for which coverage is sought,
under Part 3-Underinsured Motorists Insurance,
unless there is full compliance with ail policy terms
and, except as provided below, such action is
commenced within two years after the date of the
accident
I an insured person commences a timely action
against the owner or operator of an underinsured
auto to recover damages for loss arising out of the
accident and gives us written notice of such action
within 30 days after such action is commenced, an
action against us related to the existence or amount
of coverage, or the amount of loss for which
coverage is sought, may be brought more than two
years after the date of the accident, but in no event
later than the earliest of the following to occur
one year after entry of a final judgment or
other court order terminating such lawsuit
against the owner or operator of an
underinsured auto; or
2. one year after we deny coverage.
lt any insured person sues a person believed
responsible for the accident without our written
consent, we aren't bound by any resulting judgment.
R We Cannot Agree
II the insured person and we do not agree:
1. on that person's right to receive damages, or
2. on the amount of those damages,
then upon the written request of either party the
disagreement will be settled by arbitration as
provided under the Pennsylvania Uniform Arbitration
Act of 1927. The arbitrators will not have the power
to decide any dispute regarding the nature or amount
of coverage provided by the policy or claims for
damages outside the terms of the polity including
bad faith, fraud, misrepresentation, punitive or
exemplary damages, attorney fees or interest
Unless you and we agree otherwise, arbitration will
take place in the county in which your address
shown on the Polity Declarations is located. The
arbitrators will be selected as follows: You select one
arbitrator and we select another. The two arbitrators
will select a third. If they can't agree on a third
arbitrator within 30 days, the Judge of the Court of
Record in the county in which your address shown
Page 23
T
on the Policy Declarations is located will appoint the
third arbitrator.
You will pay the arbitrator you select. Mfe will pay the
one we select. The expense of the third arbitrator and
all other expenses will be shared equally. A decision
agreed to by two of the three arbitrators will be
binding and may be entered as a judgment in a
proper court.
We do not agree to arbitrate any claims for bad faith,
fraud, misrepresentation, punitive or exemplary
damages, attorney fees or interest.
No one may pursue arbitration under Part 3 -
Underinsured Motorists Insurance unless there is
hull compliance with all policy terms. No one may
pursue arbitration under Part 3 -underinsured
Motorists Insurance unless the demand for
arbitration is made within two years after the date of
the accident or, if later, within one year after the
insurer of the owner or operator of an underinsured
vehicle denies coverage or is declared insolvent by
the responsible regulator.
However, if an insured person commences a timely
action against the owner or operator of an
underinsured vehicle to recover damages for loss
arising out of the accident and gives us written
notice of such action within 30 days after such action
is commenced, the insured person or we may
demand arbitration more than two years after the
date of the accident, but in no event later than one
year after entry of a final judgment or other court
order terminating such lawsuit against the owner or
operator of an underinsured auto.
Neither of the parties shall be entitled to arbitrate any
claims in a representative capacity or as a member
of a class. No arbitrator shall have the authority,
without the mutual consent of the parties, to
consolidate claims in arbitration.
PART 4
PROTECTION AGAINST LOSS TO THE AUTO
COVERAGES DD, HE, HF, HG, HH, JJ, UU,
ZA, ZZ
The following coverages apply when indicated on the
Policy Declarations. Additional payments, autos
insured, definitions, exclusions, and other
information applicable to all these coverages appear
beginning on page 25.
COVERAGE OD
Auto Collision Insurance
Allstate will pay for direct and accidental loss to your
insured auto or a non-owned auto (including insured
loss to an attached trailer) from a collision with
another object or by upset of that auto or trailer. The
deductible amount won't be subtracted from the loss
payment in collisions involving your insured auto and
another auto insured by us.
COVERAGE HH
Auto Comprehensive Insurance
Ablate will pay for direct and accidental loss to your
insured auto or a non-owned auto not caused by
collision. Loss caused by missiles, falling objects,
fire, theft or larceny, explosion, earthquake,
windstorm, hail, water, flood, malicious mischief or
vandalism, and riot or civil commotion is covered
Glass breakage, whether or not caused by collision,
and collision with a bird or animal is covered.
The deductible amount will not be subtracted train
the loss payment when the loss is caused by a peril
listed under COVERAGE HE.
By agreement between you and Allstate, the
deductible will not be subtracted from a glass loss if
repaired rather than replaced.
COVERAGE HE
Auto Fire, Lightning and Transportation
Insurance
Ablate will pay for direct and accidental loss to your
insured auto or a non-awned auto due to:
1. fin: or lightning.
2. smoke or smudge due to a sudden, unusual
and faulty operation of any fixed heating
equipment serving the premises in which the
auto is located.
3. stranding, sinking, burning, collision or
derailment of any conveyance in or upon
Page 24
Policy Endorsement
The following endorsement changes your policy. Please read this document carefully and keep it wdh your
policy.
Pennsylvania
Auto Amendatory Endorsement -AFA31-1
1. In General Provisions, the following provision is added:
Loss Reduction and Other Items
From time to time and in our sole discretion, we may provide you, orallow others to provide you, with:
1. items, memberships, special offers, merchandise, services, classes, seminars or other things of value
designed to help you or other persons insured under this policy manage the risks you or they face,
including, but not limited to, loss reduction or safety-related items; or
2. items, memberships, special offers, merchandise, services, classes, seminars or things of any other
type that we think may be of value to you or someone else insured under this policy.
These items, memberships, special offers, merchandise, services, classes, seminars or other things of value
may be provided in any form, including, but not limited to, redemption codes, coupons, vouchers and gift
cards.
11. In Part 2, First Party Benefits Coverage, the Action Against Allstate provision is replaced by the following:
Action Against Allstate
No one may bring an action against us in any way related to the existence or amount of coverage, or the
amount of loss for which coverage is sought, under Part 2-First Party Benefits Coverage, unless there is
full compliance with all policy terms. If benefits have not been paid, such action must be commenced within
four years after the date of the accident. If benefits have been paid, such action must be commenced within
four years after the date of the last payment.
III. In Part 3, Uninsured Motorists Insurance and Underinsured Motorists Insurance, the following changes
are made:
A In Uninsured Motorists Insurance, under An uninsured auto is not, item 3 is deleted.
B. In Uninsured Motorists Insurance, the Action Against Allstate provision is replaced by the following:
Action Against Allstate
No one may bring an action against us in any way related to the existence or amount of coverage, or
the amount of foss for which coverage is sought, under Part 3 -Uninsured Motorists Insurance, unless
there is full compliance with all policy terms and such action is commenced within four years afterthe
date of the accident.
Page 1
If any insured person sues a person believed responsible for the accident without our written consent,
we aren't bound by any resulting judgment.
C. In Uninsured Motorists Insurance, the If We Cannot Agree provision is replaced by the following:
It We Cannot Agree
If the insured person and we do not agree on that person's right to receive damages or on the amount,
then upon mutual consent, the disagreement will be settled by arbitration. Unless you and we agree
otherwise, arbitration will take place in the county in which your address shown on the Policy
Declarations is located. It the insured person and we do not agree to arbitrate, then the disagreement
will be resolved in a court of competent jurisdiction. Any and all lawsuits related in any way to this
coverage shall be brought, heard, and decided in the county in which your address shown on the Policy
Declarations is located. The following issues may be arbitrated:
1 whether an insured person is legally entitled to recover damages from the owner or operator of an
uninsured auto because of bodily Injury to the insured person; or
2. the amount of damages to which an insured person is legally entitled due to bodily injury, subject
to the limits of liability as determined by the terms and conditions of this policy.
Tice arbitrators will not have the power to decide any dispute regarding the nature or the amount of the
coverage provided by the policy or claims for damages outside the terms of the policy, including, but
not limited to, claims for bad faith, fraud, misrepresentation, punitive or exemplary damages, attorney
fees and/or interest. Neither of the parties shalt be entitled to arbitrate any claims in a representative
capacity or as a member of a class. No arbitrator shall have the authority, without the mutual consent
of the parties, to consolidate claims in arbitration. Arbitration will take place under the rules of the
Pennsylvania Uniform Arbitration Act of 1927 or as agreed to by the parties. All expenses of the
arbitration will be shared equally. However, attorney fees and fees paid to medical and other expert
witnesses are not considered arbitration expenses. These costs will be paid by the party incurring
them.
No one may pursue arbitration under Part 3-Uninsured Motorists Insurance unless there is full
compliance with all policy terra. No one may pursue arbitration under Part 3 -Uninsured Motorists
Insurance unless the demand for arbitration is made within four years after the date of the accident.
D. In Underinsured Motorists Insurance, under An underinsured auto is not, item 3 is deleted.
E. In Underinsured Motorists Insurance, the Action Against Allstate provision is replaced by the
following:
Action Against Allstate
No one may bring an action against us in any way related to the existence or amount of coverage, or
the amount of loss for which coverage is sought, under Part 3 -Underinsured Motorists Insurance,
unless there is frill compliance with all policy terms and such action is commenced within four years
after the date of the accident.
If any insured person sues a person believed responsible for the accident without our written consent,
we aren't bound by any resulting judgment.
Page 2
If any insured person sues a person believed responsible for the accident without our written consent,
we aren't bound by any resulting judgment.
C. In Uninsured Motorists Insurance, the If We Cannot Agree provision is replaced by the following:
It We Cannot Agree
It the insured person and we do not agree on that person's right to receive damages or on the amount,
then upon mutual consent, the disagreement will be settled by arbitration. Unless you and we agree
otherwise, arbitration will take place in the county in which your address shown on the Policy
Declarations is located. If the insured person and we do not agree to arbitrate, then the disagreement
will be resolved in a court of competent jurisdiction. Any and all lawsuits related in any way to this
coverage shall be brought, heard, and decided in the county in which your address shown on the Policy
Declarations is located. The following issues may be arbitrated
whether an insured person is legally entitled to recover damages from the owner or operator of an
uninsured auto because of bodily injury to the insured person; or
the amount of damages to which an insured person is legally entitled due to bodily injury, subject
to the limits of liability as determined by the terms and conditions of this policy.
The arbitrators will not have the power to decide any dispute regarding the nature or the amount of the
coverage provided by the polity or claims for damages outside the terms of the policy, including, but
not limited to, claims for bad faith, fraud, misrepresentation, punitive or exemplary damages, attorney
tees and/or interest. Neither of the parties shall be entitled to arbitrate any claims in a representative
capacity or as a member of a class. No arbitrator shall have the authority, without the mutual consent
of the parties, to consolidate claims in arbitration. Arbitration will take place under the rules of the
Pennsylvania Uniform Arbitration Act of 1927 or as agreed to by the parties. All expenses of the
arbitration will be shared equally. However, attorney fees and fees paid to medical and other expert
witnesses are not considered arbitration expenses. These costs will be paid by the party incurring
them.
No one may pursue arbitration under Part 3-Uninsured Motorists Insurance unless there is full
compliance with all policy terms. No one may pursue arbitration under Part 3 -Uninsured Motorists
Insurance unless the demand for arbitration is made within four years after the date of the accident.
D. In Underinsured Motorists Insurance, under An underinsured auto is not, item 3 is deleted.
E. In Underinsured Motorists Insurance, the Action Against Allstate provision is replaced by the
following:
Action Against Allstate
No one may bring an action against us in any way related to the existence or amount of coverage, or
the amount of loss for which coverage is sought, under Part 3 -Underinsured Motorists insurance,
unless there is full compliance with all policy terms and such action is commenced within four years
after the date of the accident.
If any insured person sues a person believed responsible for the accident without our written consent,
we aren't bound by any resulting judgment.
Page 2
F. In Underinsured Motorists Insurance, the it We Cannot Agree provision is replaced by the following:
If We Cannot Agree
If the insured person and we do not agree on that person's right to receive damages or on the amount,
then upon mutual consent, the disagreement will be settled by arbitration. Unless you and we agree
otherwise, arbitration will take place in the county in which your address shown on the Policy
Declarations is located. If the insured person and we do not agree to arbitrate, then the disagreement
will be resolved in a court of competent jurisdiction. Any and all lawsuits related in any way to this
coverage shall be brought, heard, and decided in the county in which your address shown on the Policy
Declarations is located. The following issues may be arbitrated:
1, whether an insured person is legally entitled to recover damages from the owner or operator of an
underinsured auto because of bodily injury to the insured person; or
2. the amount of damages to which an insured person is legally entitled due to bodily Injury, subject
to the limits of liability as determined by the terms and conditions of this policy.
The arbitrators will not have the power to decide any dispute regarding the nature or the amount of the
coverage provided by the policy or claims for damages outside the terms of the policy, including, but
not limited to, claims for bad faith, fraud, misrepresentation, punitive or exemplary damages, attorney
fees and/or interest. Neither of the parties shall be entitled to arbitrate arty claims in a representative
capacity or as a member of a class. No arbitrator shall have the authority, without the mutual consent
of the parties, to consolidate claims in arbitration. Arbitration will take place under the rules of the
Pennsylvania Uniform Arbitration Act of 1927 or as agreed to by the parties. All expenses of the
arbitration will be shared equally. However, attorney fees and fees paid to medical and other expert
witnesses are not considered arbitration expenses. These costs will be paid by the party incurring
them.
No one may pursue arbitration under Part 3-Underinsured Motorists Insurance unless there is full
compliance with all policy terms. No one may pursue arbitration under Part 3 -Underinsured Motorists
Insurance unless the demand for arbitration is made within fouryears after the date of the accident.
IV. In Part 4, Protection Against Loss To The Auto, the Action Against Allstate provision is replaced by the
following:
Action Against Allstate
No one may bring an action against us in any way related to the existence or amount of coverage, or the
amount of loss for which coverage is sought, under Part 4-Protection Against Loss to The Auto, unless
there is full compliance with all policy terms and such action is commenced within one year after the date of
loss.
All other policy terms and conditions apply.
Page 3