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HomeMy WebLinkAbout14-5640 Supreme Court of Pennsylvania For prothonoraq Ilse only; Court of Common Pleas Civil Cover Sheet Docket No. Cumberland County 11 ,n The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefiling and service offeadings or other papers as required by law or rules of court. Commencement of Action: Z Complaint F1 Writ of Summons M Petition El Notice of Appeal ❑ Transfer from Another Jurisdiction D Declaration of Taking Lead Plaintiffs Name: Lead Defendant's Name: Metropolitan Group Property and Casualty Insurance Company Marilynn Willits, Executrix of the Estate of Dianne Elaine Barrick, Deceased OD Check here if you are a Self-Represented (Pro Se) Litigant Name of Plaintiff/Appellant's Attorney: Brigid Q. Alford,Esq ir Are money damages requested?: E] YesZ No Dollar Amount Requested: El within arbitration limits I (Check one El outside arbitration limits Is this a Class Action Suit? 0 Yes Z No Nature of the Case: Place an "X"to the left of the ONE case category that most accurately describes your PRIMARY CASE.If you are making more than one type of claim, check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑ Intentional El Buyer Plaintiff Administrative Agencies ❑Malicious Prosecution El Debt Collection: Credit Card El Board of Assessment ❑ Motor Vehicle E3 Debt Collection:Other D Board of Elections ❑Nuisance F1 Dept. of Transportation r_1 Premises Liability El Zoning Board R Product Liability (does not include El Employment Dispute: El Statutory Appeal: mass tort) Discrimination Other ❑ Slander/Libel/Defamation ❑ Employment Dispute: Other Ej r_1 Other: Judicial Appeals El Other: M MDJ-Landlord/Tenant MASS TORT El MDJ-Money Judgment O r_1 Asbestos El Other: ❑ Tobacco Toxic Tort- DES ❑Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS El Toxic Waste [:1 Ejectment 0 Common Law/Statutory Arbitration ❑ Other: ❑ Eminent Domain/Condemnation Z Declaratory Judgment ❑Ground Rent [] Mandamus El Landlord/Tenant Dispute El Non-Domestic Relations PROFESSIONAL LIABLITY [3 Mortgage Foreclosure El Restraining Order 0 Dental El Partition M Quo Warranto El Legal E]Quiet Title E)Replevin ❑ Medical ❑Other Professional ❑Other: El Other: 1 t METROPOLITAN GROUP PROPERTY : IN THE COURT OF COMMON PLEAS AND CASUALTY INSURANCE CUMBERLAND COUNTY, COMPANY, PENNSYLVANIA Plaintiff V. elW No. MARILYNN WILLITS, Executor of The Estate of Dianne Elaine Barrick, Deceased, . Defendant ACTION FOR DECLARATORY JUDGMENT NOTICE TO DEFEND TO: MARILYNN WILLITS, Executor of The Estate of Dianne Elaine Barrick, Deceased 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 of by attorney and filing in wiring with the Court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LOCAL HELP. Cumberland County Bar Association -. 32 South Bedford Street Carlisle, PA 17013 (717)-249-3166 �C) �.. . C--14 4 G3o ss 9 � LL- !7/13�s Brigid Q. Alford, Esquire MARSHALL DENNEHEY WARNER COLEMAN&GOGGIN 100 Corporate Center Drive, Suite 201 Camp Hill,PA 17011 (717)-651-3710 bgalford@mdwcg.com Attorneys for Plaintiff METROPOLITAN GROUP PROPERTY : IN THE COURT OF COMMON PLEAS AND CASUALTY INSURANCE CUMBERLAND COUNTY, COMPANY, PENNSYLVANIA Plaintiff V. No. MARILYNN WILLITS, Executor of The Estate of Dianne Elaine Barrick, Deceased Defendant ACTION FOR DECLARATORY JUDGMENT COMPLAINT Plaintiff Metropolitan Group Property and Casualty Insurance Company, by its attorneys, Brigid Q. Alford, Esquire and Marshall Dennehey Warner Coleman & Goggin, presents its Complaint for Declaratory Judgment, and in support thereof avers as follows: Jurisdiction and Venue 1. This is an action for Declaratory Judgment filed pursuant to 42 Pa. C.S.A. §7531 et seq., and Pa. R.C.P. No. 1601 et seq., for the purpose of determining a question of actual controversy among the parties as is more particularly described herein. 2. Venue lies in Cumberland County under Pa. R.C.P. No. 1006(a)(1). 3. An actual controversy has arisen among and between the parties hereto, with respect to their rights under the terms of a certain Auto Insurance Policy issued by Plaintiff to Dianne Elaine Barrick, as set forth in more detail below. l 4. As a result of the various pending claims, as set forth in more detail below, Plaintiff seeks a declaration of its rights under the aforementioned Policy. The Parties 5. Plaintiff, Metropolitan Group Property and Casualty Insurance Company ("MetLife") is an insurance company licensed to do business in the Commonwealth of Pennsylvania, with a principal place of business located at 700 Quaker Lane, Warwick, Rhode Island. 6. Defendant Marilynn Willits is an adult individual with a last known address of 107 Allen Street, Apt. 2, Mechanicsburg, Cumberland County, Pennsylvania. 7. Defendant Marilynn Willits is the Executrix/Personal Representative of the Estate of Dianne Elaine Barrick, Deceased, Letters Testamentary having been granted to Defendant by the Cumberland County Register of Wills on November 12, 2013, at Estate No. 21-13-1198. The Policy 8. On or about November 2, 2013, there was in effect an Auto Insurance Policy, issued by MetLife to Dianne Elaine Barrick, identified as Policy No. 4933800980 ("MetLife Policy"), and effective 12/09/2012 to 12/09/2013. A true and correct of the MetLife Policy, including the policy declarations and all applicable endorsements, is attached hereto, made part hereof, and identified as Exhibit A. 9. At the time of the underlying motor vehicle accident, there was one vehicle listed on the MetLife Policy - a 2004 Kia Optima. 10. At the time of the underlying motor vehicle accident, coverage under the MetLife Policy included Underinsured Motorists Benefits in the amounts of $100,000 Per Person/$300,000 Per Accident, Stacked. 2 11. The UIM Endorsement [PA400B] that is part of the MetLife Policy states, in relevant part: UNDERINSURED MOTORISTS COVERAGE 1. If bodily injury is sustained by you or any relative: The maximum amount we will apply to all persons for all damages, including damages for care, loss of consortium, emotional distress loss of services or death, arising out of bodily injury sustained by any one person as the result of any one accident is the limit of liability shown in the Declarations for "each person" for Underinsured Motorists coverage multiplied by the number of covered automobiles shown in the Declarations. Subject to this limits for "each person", the maximum amount we will pay to all persons for all damages including damages for care, loss of consortium, emotional distress, loss of services or death arising out of bodily injury sustained by two or more persons resulting from any one accident is the limits of liability shown in the Declarations for "each accident" for Underinsured Motorists Coverage multiplied by the number of covered automobiles shown in the Declarations. The Motor Vehicle Accident 12. On October 29, 2013, Dianne Elaine Barrick was involved in a motor vehicle accident while operating the 2004 Kia Optima listed on the MetLife Policy, 13. Upon information and belief, MetLife avers that the accident occurred when a 2008 Jeep, operated by one Yu Smedley, initiated a left-hand turn directly in front of the Barrick vehicle. 14. Barrick sustained personal injuries in the course of the accident, and died on November 2, 2013. 3 f The UIM Claim 15. Defendant Willits subsequently presented a claim for Underinsured Motorist Benefits to MetLife on behalf of the Barrick Estate. 16. An issue has arisen between the parties to this litigation, with respect to the total amount of Underinsured Motorist limits available under the MetLife Policy, with respect to the UIM claim asserted under that policy by Defendant Willits. 17. MetLife has determined that the total amount of Underinsured Motorist limits available under the MetLife Policy to Defendant, with respect to the pending UIM claim, is $100,000.00. 18. MetLife has tendered the sum of $100,000.00 to Defendant, with respect to the pending UIM claim, pending approval of the settlement by the Cumberland County Court of Common Pleas. 19. Defendant has expressed disagreement with MetLife's position as to the total amount of Underinsured Motorist limits available under the MetLife Policy, with respect to the UIM claim asserted under that policy by Defendant Willits. 20. Based upon the respective positions of the parties regarding the total amount of Underinsured Motorist limits available under the MetLife Policy, with respect to the UIM claim asserted under that policy by Defendant Willits, there exists a real case and controversy over whether there exists any additional limits of UIM coverage potentially applicable to the pending UIM claim. 21. Despite the parties' best efforts, they have not been able to resolve the aforementioned case and controversy to date, and will be unable to do so without judicial intervention. 4 22. By issuing a declaration of rights and making a determination of the total UIM limits available under the MetLife Policy with respect to the pending UIM Claim, this Honorable Court would greatly assist all parties named in the instant action in resolving the coverage controversy, as described in more detail heretofore, which in turn will likely facilitate a more expeditious and amicable resolution of the underlying claims. WHEREFORE, Plaintiff MetLife Property and Casualty Insurance Company respectfully requests this Honorable Court to enter judgment in its favor and further enter a decree, declaring that the total amount of Underinsured Motorist limits available under the MetLife Policy to Defendant, with respect to the pending UIM claim, is $100,000, and awarding such additional and further relief as the Court may deem to be appropriate under the circumstances. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Date: R +4 iq Brigid Q. Alford, Esquir I.D. No. 38590 r+ 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 (717)-651-3710/FAX (717)-651-3707 bgalford@mdwcg.com Attorneys for Plaintiff 5 MetLife Auto&Home® Dayton Customer Service Center 9797 Springboro Pike,Dayton,Ohio 45448 MetLife® This is to certify that the policy language contained in the attached is a true and accurate representation of the insurance policy and/or declaration page for the following: Customer: Dianne Elaine Barrick Policy Number: Auto 493-38-0098-0 As of Date: 10/29/2013 Signed by: �p vnc Notary: Date 12/1.1/201.3 ``,0����ttA � ����/' i Kathy Richards Notary Public-Ohio My Commission Expires June 18,2018 . 1 Metl-INS Aum&Home iS a Mind of Metropolitan Vropeny and Casually Incuranec Company and its Aff1hutas,Warwick.RI MPL9192-078 EXHIBIT Printed In U.S.A.1105 41 r� D D MetLife Auto&Home Metropolitan Group Property and Casualty Insurance Company 11102/2012 Automobile Insurance Declarations ST 37 Policy Number: 4933800980 Page 1 of 2 Policy Effective Date: 12/09/2012 Policy Expiration Date: 12109/2013 At: 12:01 A.M. Renewal Effective Date: 12/09/2012 Named Insured: DIANNE ELAINE BARRICK 304 MONROE ST ' MECHANIC513URG PA 17055 You Have Selected ExpresslT. Your premium payments will be reflected in the monthly statement from your bank. Insured Vehicle(s) Veh Year Make Model Body Type Vehicle ID Number Com/Col Sym Terr 1 2004 KIA OPTIMA 4DR KNAGD128245297757 22/21 04 Coverage Description Applicable Limits Annual Premiums 2004 KIA Full Tort Option Incl First Party Benefits $ 277,500 Combined Amt Incl 140 $ 25,000 Accidental Death $ 2,500 Funeral Benefit Extraordinary Medical Expense $1,000,000 26 Liability Bodily Injury $ 100,000 Per Person/ $ 300,000 Per Occurrence 154 Property Damage $ 100,000 Per Occurrence 124 Uninsured Motorists Bodily Injury Stacked $ 100,000 Per Person/ $ 300,000 Per Accident 32 Underinsured Motorists Bodily Injury Stacked100,000 Per Person/ 1 300,000 Per Accident 40 Physical Damage 2004 KIA Actual Cash Value (ACV)or Limit ACV Collision less deductible $ 300 221 Comprehensive less deductible $ 300 63 Towing and Labor Limit $ 50 Incl Optional Coverages Substitute Transportation $ 25 Day/$ 750 Occurrence 32 Glass Deductible Buyback Incl Total Annual Premium: $ 832.00 Vehicle Totals: 832 If your policy provides Collision coverage, then you are covered for collision damage to rented vehicles, subject to all of the terms and conditions contained in your policy. ---—-------------------------------------------......... ---------------------------------------------------------------------------------------------------------------- Forms and Endorsements MPL 6010-000 PA400B PA600 PA700A V550 V702 V911 PA300 V506 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- MetLife Acta b Homo is a brand of Metropolitan Property and Casually Imurance Company and as atblietes,Wa-iCk.RI, MPL 1380-000 Printed in U.S.A.0298 MetLife Auto&Home Metropolitan Group Property and Casualty Insurance Company 11/02/2012 Automobile Insurance Declarations ST 37 Policy Number: 4933800980 Pae 2 of 2 Policy Effective Date: 12/09/2012 9 Policy Expiration Date: 12109/2013 At: 12:01 A.M. Renewal Effective Date: 12/09/2012 Discounts The following have been included in the total annual premium: Superior Driver Discount applies Airbag Discount applies to 2004 KIA Passive Anti-theft Discount applies to 2004 KIA ExpresslT Discount applies to 2004 KIA A Discount for Long Term Employment applies Garage Discount applies to 2004 KIA Auto Policy Plus, including Homeowners Individual Life/Annuity A Special Group Rate applies - ------------------------------ ......._..... .- --- ------ ------------------------------- Rating Information Household Drivers: 07/16/1948 DIANNE BARRICK Insured IF YOU HAVE A DRIVER IN YOUR HOUSEHOLD WHO IS NOT LISTED ABOVE,PLEASE NOTIFY US IMMEDIATELY. Your policy is rated on the following information: 2004 KIA Driver Assigned: DIANNE BARRICK Licensed 48 Years Pleasure Use Unmarried Your policy premium does not reflect the presence of any youthful operators of the vehicles on your policy. .-- -------------------_...---------------..-_......-------------------------------............-.-------....».-_......-.......------------------...----._.-..---- Messages 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 the person to criminal and civil penalties. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ For service or claims, see the Customer Service and Claim Directory located on the back of your cover page. 955-A73 - 1 MetLife Auto a Nome is a brand of Metropolitan Property and Casually Insurance Company and its aBdiates,Warwick,RI. e MetLife Auto & Home° Auto Insurance Policy MetLife Auto&Home is a brand of Metropolitan Property and Casualty Insurance Company and its Affiliates.Warwick,R) MPL 6000.000 Printed in U.S.A.1299 AUTO INSURANCE POLICY WHERE TO FIND IT PAGE INSURANCE AGREEMENT AND DECLARATIONS 1 GENERAL DEFINITIONS 1 AUTOMOBILE LIABILI'T'Y 2 Additional Definitions For This Coverage 2 Coverage Provided 3 Additional Benefits We Will Provide 3 Coverage Exclusions 4 Limit Of Liability 5 Conformity With Financial Responsibility Laws 5 Out Of State Insurance 5 Reductions 5 Other Insurance 6 PERSONAL INJURY PROTECTION 6 AUTOMOBILE MEDICAL EXPENSE 6 Additional Definitions For This Coverage 6 Coverage Provided 7 Coverage Exclusions 7 Limit Of Liability 8 Other Insurance g Medical Expense Review 9 UNINSURED AND UNDERINSURED MOTORISTS 9 Additional Definitions For These Coverages 9 Uninsured Motorists Coverage 10 Underinsured Motorists Coverage 11 Coverage Exclusions 11 Settlement 12 Limit Of Liability 12 Reductions 12 Other Insurance 12 PHYSICAL DAMAGE 13 Additional Definitions For These Coverages 13 Coverage Provided 14 Comprehensive 14 Collision 14 Towing And Labor 14 Substitute Transportation 15 Additional Costs We Will Pay is Coverage Exclusions 15 Maximum Amount We Will Pay 17 Other Insurance 17 Your Duties In The Event Of Loss 17 MPL 6010-000 Printed in U,S.A,0900 No Benefit To Bailee 17 Right To Appraisal 17 Payment Of Loss 18 GENERAL POLICY CONDITIONS 18 Territory And Policy Period 18 Premium Changes 18 Fraud And Misrepresentation 19 Other Automobile Insurance With Us 19 If An Accident Or Loss Occurs 19 Your Duty To Cooperate 19 Lawsuits Against Us 19 Medical Reports; Proof And Payment Of Claim 20 Our Recovery Right 20 Policy Changes 21 Assignment 21 Termination 21 Loss Payable Clause 22 INDEX OF POLICY PROVISIONS 24 THE COMPANY NAMED IN THE DECLARATIONS Administrative Offices:Warwick, Rhode Island AUTO INSURANCE POLICY INSURANCE AGREEMENT AND DECLARATIONS This insurance policy is a legal contract between you (the policyholder) and us (the Company named in the Declarations). It insures you and your automobile for the various kinds of insurance you have selected, as shown in,the Declarations. The Declarations are an important part of this policy. By accepting this policy, you agree that the statements contained in the Declarations and in any application are your true and accurate representations. This policy is issued and renewed in reliance upon the truth of those representations. This policy contains all agreements between you and us and any of our sales representatives relating to this insurance. You must pay the required premium. The exact terms and conditions are explained in the following pages. GENERAL DEFINITIONS The following words and phrases appear in bold-face type repeatedly throughout this policy. They have a special meaning and are to be given that meaning whenever used in connection with this policy and any endorsement which is part of this policy: "AUTOMOBILE" means a private passenger automobile, pick-up truck, panel truck or van, designed for use mainly on public roads. "BODILY INJURY"means any bodily injury, sickness, disease or death sustained by any person. "LOSS"means direct and accidental loss or damage. "MOTOR VEHICLE"means a land motor vehicle designed for use mainly on public roads other than: 1, a farm type tractor or other farm equipment designed for use principally off public roads. while not upon public roads; 2. a vehicle operated on rails or crawler-treads; 3. a vehicle while located for use as a residence or premises; or 4. a vehicle used as a dwelling or place of business. "OCCUPYING" and "OCCUPIED" mean being in or upon, entering into, or alighting from a motor vehicle. "PROPERTY DAMAGE"means physical injury to or destruction of tangible property, including the loss of use of such property. "RELATIVE" means a person related to you by blood, marriage or adoption (including a ward or foster child)and who resides in your household. "TRAILER" means a trailer designed for use with an automobile which is not used as an office, store, MPL 6010000 Printed in U.S.A.0900 Page 1 of 24 display, or passenger trailer.A farm wagon or farm implement is a trailer when used with an automobile. "WE", "US", "OUR"and"COMPANY"mean the company named in the Declarations. "YOU" and "YOUR" mean the person(s) named in the Declarations of this policy as named insured and the spouse of such person or persons if a resident of the same household. AUTOMOBILE LIABILITY ADDITIONAL DEFINITIONS FOR THIS COVERAGE The following definitions apply to this coverage only. "COVERED AUTOMOBILE"means: 1. an automobile owned by you or hired under a written contract for one year or more, which is described in the Declarations, and for which a specific premium is charged. 2. an automobile newly acquired by you,if: a. it replaces a vehicle described in the Declarations; or b. it is an additional automobile, but only if: i. we insure all other automobiles owned by you on the date of acquisition: ii. you notify us within 30 days of acquisition of your election to make this and no other policy issued by us applicable to the automobile; and iii. you pay any additional premium required by us. 3. a substitute automobile. "INSURED"means: 1. with respect to a covered automobile: a. you; b. any relative; or c. any other person using it within the scope of your permission. 2. with respect to a non-owned automobile,you or any relative. The operation or use of such vehicle must have been with the permission of, or reasonably believed to have been with the permission of, the owner. The operation or use must also have been within the scope of the permission given. _ 3.!any other person_or organization if liable due to the acts or omissions of any.person.described.in 1._or. .. 2. above. This provision does not apply if the vehicle is a non-owned automobile owned or hired by the person or organization. MPL 6010-000 Printed in U.S.A.0900 Page 2 of 24 ................. . "NON-OWNED AUTOMOBILE"means: 1. an automobile which is not owned by, furnished to, or made available for regular use to you or any resident in your household. EXCEPTION: An automobile owned by, furnished to, or made available for regular use to any resident in your household, is considered a non-owned automobile when used by you. 2, a commercially rented automobile used by you or a relative on a temporary basis. "SUBSTITUTE AUTOMOBILE" means a motor vehicle not owned by you or any resident of the same household and which is used with the owner's permission to replace for a short time a covered automobile. The covered automobile has to be out of use for servicing or repair or because of breakdown,.loss or destruction. COVERAGE PROVIDED We will pay damages for bodily injury and property damage to others for which the law holds an Insured responsible because of an accident which results from the ownership, maintenance-or use of a covered automobile, a non-owned automobile or a trailer while being used with a covered automobile or non-owned automobile. We will defend the Insured, at our expense with attorneys of our choice, against any suit or claim seeking these damages. We may investigate, negotiate or settle any such suit or claim. ADDITIONAL BENEFITS WE WILL PROVIDE In addition to the limits of liability, we will pay the following expenses incurred in connection with any claim or suit to which the policy applies: 1. Premiums on the following bonds: a. Appeal bonds in any suit we defend. b. Bonds to release attachments in any suit we defend, The total amount of the bonds must not exceed our limit of liability. c. Up to $250 for any bail bond needed because of an accident or traffic violations arising out of the ownership, maintenance or use of a covered automobile. We have no duty to furnish or apply for any bonds. 2. Court costs levied against the insured. 3. Post-judgment interest on all damages following a judgment until we pay, offer or deposit in court the amount due up to our limit of liability. 4. Expenses incurred by the insured for first aid to others at the time of a motor vehicle accident. 5. Up to $200 per day for lost wages, but not for loss of other income, if we ask the insured to attend a hearing or trial. 6. Other reasonable expenses incurred at our request. MPL 6010-000 Printed in U.S.A.0900 Page 3 of 24 J COVERAGE EXCLUSIONS We do not cover: A. bodily injury to any employee of an insured arising out of his or her employment, except domestic employees who are not covered or required to be covered under any workers compensation law. B. bodily injury to a fellow employee while on the job and arising from the use of a motor vehicle or trailer in the business of his employers. EXCEPTION: You are covered in this situation. C. ,bodily injury or property damage covered under an atomic or nuclear energy liability insurance Policy, or that would have been covered had that policy not been terminated upon exhaustion of its limit of liability. D. any motor vehicle rented to others or used to carry persons for a charge. EXCEPTION: This exclusion does not apply to shared expense car pools. E. bodily injury or property damage arising out of the business or occupation of selling, leasing, repairing, servicing, storing, or parking vehicles or trailers. EXCEPTION: This exclusion does not apply to the use of a covered automobile by you,a relative, or by any other person in any such business in which you have an interest as owner or partner. F. any non-owned automobile while used by any person in any business or occupation. EXCEPTION: This exclusion does not apply.to an automobile or trailer used therewith, if driven or occupied by you or your chauffeur or domestic servant. G. property damage caused by any insured to: 1. an automobile that is owned by, rented to, operated by, or in the care of that insured; or 2. any other property that is owned by, rented to, or in the care of any insured. This exclusion does not apply to a rented dwelling or private garage. H. bodily injury or property damage caused intentionally by or at the direction of an insured. I. bodily injury to you or any person related to an insured by blood, marriage, or adoption who resides in the same household. This exclusion applies regardless of whether demand is made or suit is brought against the insured by the injured person or by a third party seeking contribution or indemnity. J. bodily injury or property damage awards designated as punitive, exemplary, or statutory multiple damages. K. any motor vehicle while it is located inside a facility designed for racing, for the purpose of competing in, practicing for, or preparing for, any prearranged or organized racing or speed contest. L.. a non-owned automobile while used by a relative who owns, leases or has available for their regular use, a motor vehicle not described in the Declarations. M. any motorized vehicle which has less than four wheels. MPL 6010-00o Printed in U.S.A.0900 Page 4 of 24 LIMIT OF LIABILITY The limit of liability shown in the Declarations for"each person"for Bodily Injury Liability is the most we will pay for all damages, including damages for care, loss of consortium, emotional distress, loss of services or death, arising out of bodily injury sustained by any one person as the result of any one accident. Subject to this limit for"each person",the limit shown in the Declarations for"each accident"for Bodily Injury Liability is the most we will pay for all damages, including damages for care, loss of consortium, emotional distress, loss of services or death, arising out of bodily Injury sustained by two or more persons resulting from any one accident. The limit of liability shown in the Declarations for "each accident" for Property Damage Liability is the most we will pay for all damages to all property resulting from any one accident. If a single limit of liability is shown in the Declarations for bodily injury and property damage, it is the maximum we will pay for any one accident for all damages, including damages for care, loss of consortium, emotional distress, loss of services or death. The limit of liability shown in the Declarations for this coverage is our maximum limit of liability for all damages 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 in the Declarations; or 4. vehicles involved in the accident. A motor vehicle and attached trailer are considered one vehicle. If notice of this policy is given in lieu of security or if we certify this policy as proof under any financial responsibility law,the limit of liability will be applied to provide separate limits for bodily injury liability and property damage liability to the extent required by such law. Such separate application will not increase the total limit of our liability. CONFORMITY WITH FINANCIAL RESPONSIBILITY LAWS If we certify this policy under any financial responsibility law, this liability coverage will comply to the extent of the liability coverage and limits required by the law. OUT OF STATE INSURANCE If any insured becomes subject to a financial responsibility law or the compulsory insurance law or similar laws of another state or Canada because of the ownership, maintenance, or use of a covered automobile in that state or Canada,we will interpret this policy to provide the coverage required by those laws. The coverage provided shall be reduced to the extent that other automobile liability insurance applies. No person may in any event collect more than once for the same loss. REDUCTIONS Any amount payable to any person under this section will be reduced by any amount that person is paid under the Uninsured and Underinsured Motorists coverage portion of this policy. MPL 6010-000 Printed in U.S.A.0900 Page 5 of 24 OTHERINSURANCE if there is other similar insurance,we will pay our fair share. However, with respect to a non-owned automobile or a substitute automobile, this insurance will be excess over any other insurance. If there is other excess or contingent insurance, we will pay our fair share. Our fair share is the proportion that our limit bears to the total of all applicable limits. PERSONAL INJURY PROTECTION If applicable, see special state provisions. AUTOMOBILE MEDICAL EXPENSE ADDITIONAL DEFINITIONS FOR THIS COVERAGE The following definitions apply to this coverage only- "COVERED nly"COVERED AUTOMOBILE"means; 1. an automobile owned by you or hired under a written contract for one year or more, which is described in the Declarations, and for which a specific premium is charged. 2. an automobile newly acquired by you, if: a. it replaces a vehicle described in the Declarations; or b. it is an additional automobile, but only if: i. we insure all other automobiles owned by you on the date of acquisition: ii. you notify us within 30 days of acquisition of your election to make this and no other policy issued by-us applicable to the automobile; and iii. you pay any additional premium required by us. 3. a substitute automobile. "MEDICAL EXPENSES" means usual, customary and reasonable expenses for necessary medical, surgical, x-ray, ambulance, hospital, professional nursing, funerals and dental services, including prosthetic devices. "NON-OWNED AUTOMOBILE"means: 1. an automobile, while being used by you or a relative with the owner's permission, which is not owned by,furnished to, or made available for regular use to you or any resident in your household. EXCEPTION: An automobile owned by, furnished to, or made available for regular use to any resident in your household, is considered a non-owned automobile when used by you. MPL 6010-000 Printed in U.S.A.0900 Page 6 of 24 f 2. a commercially rented automobile used by you or a relative on a temporary basis. "SUBSTITUTE AUTOMOBILE" means a motor vehicle not owned by you or any resident of the same household and which is used with the owners permission to replace-for a short time a covered automobile. The covered automobile has to be out of use for servicing or repair or because of breakdown, loss or destruction. COVERAGE PROVIDED We will pay reasonable medical expenses incurred by you or any relative for bodily injury as a result of an accident involving a motor vehicle or trailer while being used with an automobile. We will pay reasonable medical expenses incurred by any other person for bodily injury as a result of: 1. occupying or using a covered automobile at the time of the accident with your consent; 2. being struck by a covered automobile; or 3. occupying a non-owned automobile if the bodily injury results from the operation or occupancy of such non-owned automobile by you or a relative. COVERAGE EXCLUSIONS We do not cover: A. medical expenses incurred for services furnished more than three years after the date of accident. B. any person injured while in a vehicle located for use as a residence or premises. C. that portion of any medical expense for which benefits are available under any: 1. premises insurance which affords benefits for medical expenses; 2. law which provides workers compensation or disability benefits; or 3. personal injury protection coverage of this policy. D. bodily Injury sustained while occupying: 1. a motorized vehicle having less than four wheels;or 2. a vehicle located for use as a residence or premises. E. a covered automobile while hired or rented to others for a charge, or any automobile which you are driving while available for hire by the public. EXCEPTION: This exclusion does not apply to: 1. bodily injury sustained as a pedestrian: or 2. shared expense car pools. F. bodily injury arising out of the business or occupation of selling, leasing, repairing, servicing, storing, or parking vehicles or trailers. MPL 6010-000 Printed In U.S.A.0900 Page 7 of 24 EXCEPTION: This exclusion does not apply to: 1. bodily injury sustained as a pedestrian; or 2. the use of a covered automobile by you, a relative, or by any other person in any business or occupation of selling, leasing, repairing, servicing, storing, or parking vehicles or trailers, in which you have an interest as owner or partner. G. any non-owned automobile while used by any person in any business or occupation. EXCEPTION: This exclusion does not apply to: 1. bodily injury sustained as a pedestrian;or 2. an automobile or its attached trailer used by you,your chauffeur or domestic servant. H. medical treatment that is experimental in nature which is not accepted as effective therapy by: 1. the state medical association or board; 2. an approved medical specialty board: or 3. the American Medical Association. I. a non-owned automobile while used by a relative who owns, leases or has available for their regular use, a motor vehicle. LIMIT OF LIABILITY The limit shown in the Declarations for"each person"is the maximum we will pay for any one person as a result of any one accident. The limit of liability shown in the Declarations for this coverage is our maximum limit of liability for all damages 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 in the Declarations; or 4. vehicles involved in the accident_ The total amount we will pay includes funeral and burial expenses not to exceed$1000 for each person. OTHERINSURANCE If there is other similar insurance, we will pay out fair share. However, with respect to a non-owned automobile or a substitute automobile,this insurance will be excess over any other insurance. If there is other excess or contingent insurance, we will pay our fair share. This coverage shall be excess over —any--personal--injury protection--be hefits-paid-or-payable; except for-.a,-deductible-under-this-or-any-other-——---- motor vehicle insurance policy, for bodily injury to an eligible person. Our fair share is the proportion that our limit bears to the total of all applicable limits. MPL 6010-000 Printed in U,S.A.0900 Page 8 of 24 MEDICAL EXPENSE REVIEW At our option,we may use various cost containment and utilization review measures to identify excessive or inappropriate treatments and expenses. For example,- we may use medical bill audits, case management, preferred provider discounts or other such tools. UNINSURED AND UNDERINSURED MOTORISTS ADDITIONAL DEFINITIONS FOR THESE COVERAGES The following definitions apply to these coverages only: "COVERED AUTOMOBILE"means: 1. an automobile described in the Declarations to which the Automobile Liability coverage of this policy applies and for which a specific premium is charged. 2. an automobile newly acquired by you,rf: a. it replaces a vehicle described in the Declarations: or b. it is an additional automobile, but only if: i. we insure all other automobiles owned by you on the date of acquisition: ii. you notify us within 30 days of acquisition of your election to make this and no other policy issued by us applicable to the automobile; and iii. you pay any additional premium required by us. 3. a substitute automobile. 4, a motor vehicle,white being operated by you or a relative with the owner's permission, which is not owned by, furnished to, or made available for the regular use to you or any relative in your household. EXCEPTION: A motor vehicle owned by, furnished to, or made available for regular use to any relative in your household is covered when operated by you. "SUBSTITUTE AUTOMOBILE" means a motor vehicle not owned by you or any resident of the same household and which is used with the owner's permission to replace for a short time a covered automobile. The covered automobile has to be out of use for servicing or repair or because of breakdown, loss or destruction. "UNINSURED MOTOR VEHICLE"means: 1. a motor vehicle for which, at the time of the accident, there is no insurance policy or other financial security applicable to the owner, or operator, or any other liable person or organization. 2. a motor vehicle which has a bodily injury liability bond or insurance policy in effect at the time of the accident, but the amount of bodily injury coverage under such bond or insurance policy is less than the minimum financial security requirements of the state in which the covered automobile is principally garaged. MPL 6010-000 Printed in U.S.A.0900 Page 9 of 24 3. a motor vehicle which has a bodily injury liabillity bond or insurance policy in effect at the time of the accident, but the company writing such bond or policy denies coverage, or is or becomes insolvent. 4. a hit and run motor vehicle which causes bodily-injury to a person covered under this section as the result of striking that person or a motor vehicle which that person is occupying at the time of the accident, if: a. the identity of the driver and the owner of the hit and run vehicle is unknown; b. the accident is reported within 24 hours to a police officer, a peace or judicial officer, or the Commissioner or Director of Motor Vehicles; c. the injured person or someone on their behalf files with us within 30 days of the accident a statement under oath that the injured person or their legal representative has a cause of action due to the accident for damages against someone whose identity is unknown; and d. the injured person or their legal representative makes available for inspection by us, when requested,the motor vehicle occupied by that person at the time of the accident. The term uninsured motor vehicle does not include: 1. a covered automobile or motor vehicle regularly furnished or available for the use of you or any relative; 2. an automobile owned and operated by a self-insurer as defined in the applicable motor vehicle financial responsibility law, compulsory insurance law, motor carrier law, or any other similar applicable law; or 3. an automobile owned by the United States of America, Canada, a state, a political subdivision of any such government, or an agency of any of the foregoing. "UNDERINSURED MOTOR VEHICLE"means a motor vehicle which has a bodily injury liability bond or insurance policy in effect at the time of the accident, in at least the minimum amount required by the state in which the covered automobile is principally garaged, but less than the limits of this coverage provided by this policy as stated in the Declarations. The term underinsured motor vehicle does not include: 1. a covered automobile or motor vehicle regularly furnished or available for the use of you or any relative; 2. an automobile owned and operated by a self-insurer as defined in applicable motor vehicle financial responsibility law, compulsory insurance law, motor carrier law, or any other similar applicable law; or 3. an automobile owned by the United States of America, Canada, a state, a political subdivision of any such government, or an agency of any of the foregoing. UNINSURED MOTORISTS COVERAGE This coverage is provided only if a premium is shown in the Declarations._ ....... We will pay damages for bodily injury sustained by. 1. you or a relative,caused by an accident arising out of the ownership, maintenance, or use of an MPL 6010-000 Printed in U.S.A.0900 Page 10 of 24 _ - - -- - uninsured motor vehicle, which you or a relative are legally entitled to collect from the owner or driver of an uninsured motor vehicle;or 2. any other person, caused by an accident while occupying a covered automobile, who is legally entitled to collect from the owner or driver of an uninsured motor vehicle. We will also pay damages to any person for damages that person is entitled to recover because of bodily injury sustained by anyone described in 1. or 2. above. UNDERINSURED MOTORISTS COVERAGE This coverage is provided only if a premium is shown in the Declarations. We will pay damages for bodily injury sustained by: 1. you or a relative, caused by an accident arising out of the ownership, maintenance, or use of an underinsured motor vehicle, which you or a relative are legally entitled to collect from the owner or driver of an underinsured motor vehicle; or 2. any other person, caused by an accident while occupying a covered automobile, who is legally entitled to collect from the owner or driver of an underinsured motor vehicle. We will also pay damages to any person for damages that person is entitled to recover because of bodily Injury sustained by anyone described in 1. or 2.above. COVERAGE EXCLUSIONS We do not cover: A. any person occupying or struck by a motor vehicle owned by you or a relative, other than a covered automobile. B. any person who settles a bodily injury claim, with any liable party, without our written consent. C. any claim which would benefit any insurer or self-insurer under any workers compensation, disability benefits, or similar law. D. any claim for which benefits are provided under the Personal Injury Protection or Medical Expense coverage of this policy. E. any person, other than you,or a relative,while occupying: 1. a covered automobile while it is being used to carry persons or property for a fee. EXCEPTION: This exclusion does not apply to shared expense car pools. 2. a vehicle while being used without the permission of the owner. F. bodily injury or property damage awards designated as punitive, exemplary, or statutory multiple damages. G. a relative who owns, leases or has available for their regular use, a motor vehicle not described in the Declarations. MPL 6010-000 Printed in U.S.A.0900 Page 11 of 24 SETTLEMENT Whether any person is legally entitled to collect damages under this section, and the amount to which such person is entitled, will be determined by agreement between that person and us. Upon written consent of both parties, any disagreement will be settled by arbitration. When arbitration applies, it will take place under the rules of the American Arbitration Association, unless other means are required by law or are agreed to by the injured party and us. If a person seeking coverage files a suit against the owner or driver of the uninsured or underinsured motor vehicle, copies of suit papers must be forwarded to us and we have the right to defend on the issues of the legal liability of, and the damages owed by, such owner or driver. However, we are not bound by any judgment against any person or organization obtained without our written consent. LIMIT OF LIABILITY The limit of liability shown in the Declarations for "each person" is the most we will pay for all damages, including damages for care, loss of consortium, emotional distress, loss of services or death, arising out of bodily injury sustained by any one person as the result of any one accident. Subject to this limit for "each person", the limit shown in the Declarations for "each accident" for bodily injury liability, is the most we will pay for all damages, including damages for care, loss of consortium, emotional distress, loss of services or death, arising out of bodily injury sustained by two or more persons 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 in the Declarations: or 4. vehicles involved in the accident. REDUCTIONS The lesser of the limits of this insurance or the amount payable under this coverage will be reduced by any amount: 1. paid by or on behalf of any liable parties. 2. paid or payable under any workers compensation, disability benefits or similar laws. 3. paid or payable under the AUTOMOBILE LIABILITY section of this policy. OTHERINSURANCE If there is other similar insurance,we will pay only our fair share. The total amount of recovery under all policies will be limited to the highest of the applicable limits of liability of this insurance and such other insurance. Our fair share is the proportion that our limit bears to the total of all applicable limits. However, if you do not own the motor vehicle, our insurance will be excess over other.similar uninsuredor underinsured insurance available but only in the amount by which the limit of liability of this policy exceeds the limits of liability of the other available insurance. If there is other excess or contingent insurance, we will pay our fair share. MPL 6010-000 Printed in U.S.A.0900 Page 12 of 24 ..._................................._.........._.....__.........._....... No payments will be made until the limits of all other liability insurance and bonds that apply have been exhausted by payments. PHYSICAL DAMAGE ADDITIONAL DEFINITIONS FOR THESE COVERAGES The following definitions apply to these coverages only. "ACTUAL CASH VALUE".means the amount that it would cost to repair or replace damaged property, less allowance for physical deterioration and depreciation. "COLLISION"means the upset of an automobile or the contact of an automobile with another object or vehicle. "COVERED AUTOMOBILE"means: 1. an automobile or a trailer designed for use with an automobile, owned by you or hired under a written contract for one year or more and for which a specific premium is shown in the Declarations. 2. an automobile newly acquired by you,subject to the following: a. If Comprehensive or Collision coverage applies to any automobile shown in the Declarations: i. we will apply the broadest of these coverages to the newly acquired automobile; 6. you must notify us within 30 days of acquisition, of your election to make this and no other policy issued by us applicable to the newly acquired automobile; and iii. you must pay any additional premium required by us. b. If Comprehensive or Collision coverage does not apply to any automobile shown in the Declarations: i. we will provide Comprehensive and Collision coverage subject to a $500 deductible for the newly acquired automobile; ii. you must notify us within 6 days of acquisition, of your election to make this and no other policy issued by us applicable to the newly acquired automobile; and iii. you must pay any additional premium required by us. 3. a substitute automobile. "DEDUCTIBLE" means the amount of loss to be paid by you. We pay for covered loss above the deductible amount. "NON-OWNED AUTOMOBILE" means: 1. an automobile or trailer while being used by you or a relative,with the owner's permission, which is not owned by, furnished to, or made available for regular use to you or any resident in your household. EXCEPTION: An automobile or a trailer owned by, furnished to, or made available for regular use to MPL 6010-000 Printed in U.S.A.0900 Page 13 of 24 I any resident in your household, is considered a non-owned automobile when used by you. 2. a commercially rented automobile or trailer used by you or a relative on a temporary basis. "SUBSTITUTE AUTOMOBILE" means an automobile or a trailer not owned by you or any resident of the same household and which is used with the owner's permission to replace for a short time a covered automobile. The covered automobile has to be out of use for servicing or repair or because of breakdown, loss or destruction. COVERAGES PROVIDED The following coverages are applicable only if indicated in the Declarations. They apply to the vehicles for which a premium is shown. COMPREHENSIVE We will pay for loss to your covered automobile or to a non-owned automobile, including its equipment, not caused by collision, minus any applicable deductible shown in the Declarations. Coverage is included for a loss caused by, but not limited to,the following: 1. Falling objects or contact with a bird or animal; 2. Fire.explosion or earthquake; 3. Theft or larceny, 4. Windstorm, hail, water or flood; S. Malicious mischief or vandalism; 6. Riot or civil commotion; or 7. Breakage of glass, even if caused by collision. If your Comprehensive and Collision coverages have different deductibles, the smaller deductible will apply to broken glass. COLLISION We will pay for loss to your covered automobile or to a non-owned automobile, caused by collision, including its equipment, minus any applicable deductible shown in the Declarations. Deductible Waiver: We will waive the deductible if the loss is the result of collision with another vehicle insured by us. TOWING AND LABOR This coverage is provided for vehicles covered under Comprehensive or Collision, as shown in the Declarations. If the covered automobile is disabled, we will pay up to the maximum limit shown in the Declarations for the costs of labor done at the place of disablement and costs of towing for each disablement. The deductible does not apply to the above payments. MPL 6010-000 Printed in U.S.A.0900 Page 14 of 24 SUBSTITUTE TRANSPORTATION We will pay for the cost of substitute transportation if the covered automobile is disabled as a result of a loss covered under Comprehensive or Collision. For loss caused by theft of the covered automobile, this coverage is provided in lieu of the substitute transportation costs provided by item 3. of ADDITIONAL COSTS WE WILL PAY. Payment will begin the day the covered automobile is: 1. out of use due.,to the loss, but, in the case of theft of the entire vehicle, 48 hours after the theft is reported to us; or 2. the day you leave it at the repair shop. Payment will be made for the reasonable and necessary time required to repair or replace the covered automobile, but, in the case of theft of the entire vehicle, until we offer settlement for the theft. We will pay for rental from an auto rental agency, as shown in the Declarations. up to the amount per day, but not more than the maximum amount for each disablement for any one loss. However, if you do not rent from an auto rental agency, we will pay you $12 per day, but not more than the limit shown in the Declarations for each disablement for any one loss. No deductible shall apply to payment for substitute transportation. ADDITIONAL COSTS WE WILL PAY 1. If a disablement occurs as a result of loss to the covered automobile, we will pay up to $25 for transportation to reach the intended destination. 2. If a loss is caused to the covered automobile by a peril insured against under this section, we will pay up to $300 for loss to clothes and luggage belonging to you or a relative which are in the covered automobile. 3. If the covered automobile is stolen,we will pay up to$25 per day for substitute transportation for the period that will begin 48 hours after the theft is reported to us and will end when we offer settlement for the theft. If you do not rent from an auto rental agency, we will pay you $12 per day. However. the total amount we will pay will not be more than $750, 4. We will pay general average and salvage charges for which you become legally liable for transporting the covered automobile. The deductible does not apply to the above payments. COVERAGE EXCLUSIONS We do not cover: A. any automobile while used to carry persons for a fee. EXCEPTION: This does not apply to shared expense car pools. B. a motor vehicle not owned by you while being used in the business or occupation of selling, leasing, repairing, servicing, storing, or parking motor vehicles or trailers. MPL 6010-000 Printed in U.S.A.0900 Page 15 of 24 C. any loss due and confined to wear and tear, freezing, or mechanical or electrical breakdown, unless the loss results from a theft. D. tires unless stolen, damaged by fire or vandalism, or unless another loss happens at the same time for which there is coverage under this policy. E. loss to any electronic equipment designed for the reception, recording or reproduction of sound or video, and any accessories used with such equipment. This includes, but is not limited to: 1. radios and televisions; 2. tape decks; 3. compact disc players; or 4. video cassette recorders. This exclusion does not apply if the equipment is operated solely from the electrical system of the vehicle and is: a. permanently installed in a housing unit or location used by the automobile manufacturer for such equipment: or b. a component that is removable from a housing unit permanently installed in the location used by the automobile manufacturer for such equipment. F. loss to electronic equipment designed for receiving or transmitting audio, visual or data signals and any accessories used with such equipment. This includes, but is not limited to: 1. citizens band radios; 2. two-way mobile radios; 3, telephones; or 4. personal computers. This exclusion does not apply to: a. any electronic equipment that operates solely from the electrical system of, and is necessary for the normal operation of the vehicle. b. a telephone permanently installed in a location in the dashboard or console of the vehicle used by the automobile manufacturer for a telephone. G. loss to tapes, records, discs, other media or other devices designed for use with equipment described in exclusions E. and F. H. loss to a camper or living quarters unit designed for mounting on an automobile, unless the unit is reported to us and the required premium is paid before the loss. I. loss due to war, civil war, insurrection,,rebellion, or revolution. I loss due to radioactive contamination. MPL 6010-000 Printed in U.S.A.0900 Page 16 of 24 K. loss due to destruction or confiscation by governmental or civil authorities. L. loss to an automobile located inside a facility designed for racing, for the purpose of competing in, practicing1'or,or preparing for, any prearranged or organized racing or speed contest. M. a non-owned automobile while used by a relative who owns, leases or has available for their regular use, a motor vehicle. N. radar and laser detectors. O. loss to your covered automobile or any non-owned automobile due to any actual or perceived lass in market or resale value. MAXIMUM AMOUNT WE WILL PAY Our payments will not exceed the lesser of: 1. the actual cash value of the property at the time of loss; or 2, the cost to repair or replace the property with other of like kind and quality. If the loss is only to a part of the property, our responsibility extends to that part only. The most we will pay for loss to a trailer you do not own is $500. OTHERINSURANCE If you have other insurance against a loss covered by this policy, we will pay our fair share. Our fair share is the proportion that our limit bears to the total of all applicable limits. However,any insurance we provide with respect to non-owned automobiles or substitute automobiles will be excess over any other collectible insurance. YOUR DUTIES IN THE EVENT OF LOSS You must: u for reasonable enses incurred for this 1 protection We will not cover rotect the automobile from any loss which results frrther loss. We will om failure to protect the automobile from further loss. 2. file with us a proof of loss within 91 days or within the number of days required by law. 3. show us the damaged property and submit to examination under oath upon request. NO BENEFIT TO BAILEE This coverage shall not directly or indirectly benefit any carrier or bailee for hire for loss to the covered automobile. RIGHT TO APPRAISAL If within 60 days after proof of loss is filed, there is a disagreement as to the amount, you or we may demand an appraisal. Each party will select a competent appraiser. Each appraiser will state separately the actual cash value and the amount of loss. If they fail to agree, they must select and submit their Page 17 of 24 MPL 6010.000 Printed in U.S.A.0900 differences to a competent and disinterested umpire. Agreement by any two will determine the amount of loss. Each party will pay his chosen appraiser and will equally share the expenses of the appraisal and umpire. PAYMENT OF LOSS We may pay for the loss in money, repair the damaged property, or replace the damaged or stolen property. We may, at any time before the loss is paid or the property replaced, return at our own expense any stolen property. We will return the property to you or to the address shown in the Declarations, at our option. We may take all or part of the damaged property at the agreed or appraised value, but you cannot abandon the property to us. We may settle any claim or loss either with you, the owner, or any other party who has an interest,title, or lien on the property. GENERAL POLICY CONDITIONS 1. TERRITORY AND POLICY PERIOD This policy applies to accidents and losses which happen while the policy is in effect: a. in the United States, its territories or possessions: b. in Canada; c. while the covered automobile is being shipped between their ports: and d. during the policy period shown by the effective date and expiration date in the Declarations, or until the effective date and time of cancellation at your address shown in the Declarations. 2. PREMIUM CHANGES a. All premiums for this policy will be computed in accordance with our rules, rates, rating plans, premiums and minimum premiums which apply to the insurance provided by this policy. The premiums we charge are based on the information provided by you on your application and other information we possess. We are permitted to adjust your premiums when this information changes. Changes during the policy period that may result in a premium increase or decrease include, but are not limited to, changes in: i, the number,type or use classification of the covered automobiles. ii. operators using the covered automobiles, including you, relatives and all licensed drivers in your household. iii. the principal garaging of the covered automobiles. iv. coverage, deductible or limits of the policy. If a change requires a premium adjustment,.we will adjust.the.premium.as of-the-effective-date of - - - --- -the change. Premiums are payable on the dates set forth by us. b. We will round all premium adjustments made for any reason to the nearest dollar, in accordance with the manuals in use. Page 18 of 24 - MPL 6010-000 Printed in U.S.A.0900 -^ - i c. The policy premium may be re-computed upon expiration of the Policy Period.as shown in the Declarations. 3. FRAUD AND MISREPRESENTATION All coverages under this policy are void if, whether before or after a loss, you or any person seeking coverage has; a. concealed or misrepresented any material fact or made any fraudulent statements; or b. in the case of any fraud or attempted fraud, affected any matter regarding this policy or any loss for which coverage is sought. 4. OTHER AUTOMOBILE INSURANCE WITH US If two or more automobile insurance policies issued by us apply to any accident or loss,the most we will pay is the highest dollar limit or benefit in any one such policy. 5. IF AN ACCIDENT OR LOSS OCCURS You or someone on your behalf must notify us as soon as possible of any accident or loss. The notification should include as many details-as possible, including names and addresses of drivers, injured persons and witnesses. and the time, place, and circumstances of the accident or loss. We may require it in writing. In the forward tonus every claim, must promptly o cel sum ons,the orlother process.ice. If a claim or suit is made, immediately if any legal action is begun before we make payment under any coverage, a copy of the summons and complaint or other process must be forwarded to us immediately. 6. YOUR DUTY TO COOPERATE You must cooperate with us in every effort to investigate the accident or loss, settle any claims and defend you. You must attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. Except at your own cost, you will not voluntarily make any payment, assume any obligation, or incur any expense, other than for first aid to others at the time of the accident. Under Uninsured and Underinsured Motorists coverage, we may require you to take appropriate action to preserve your right to recover damages from any other person responsible for the bodily injury. Also, in any lawsuit against us, we may require you to join the responsible person as a defendent. You must submit to examinations under oath as often as we may reasonably require. These duties also apply to any other person making a claim under this policy. 7. LAWSUITS AGAINST US You may not sue us unless there is full compliance with all of the terms of the policy. liab You may not sue us under the Automobile 'afteryactual t9 al oruntil bythe writtenamount ag agreement legal of y'ou,the has been finally determined either by judgment Page 19 of 24 MPL 6010-000 Printed in U.S.A.0900 claimant and us. However, no one has the right to make us a party in a suit to determine legal responsibility. Your bankruptcy or insolvency will not relieve us of any obligation under this policy. You may not sue us under Physical Damage coverage until 30 days after proof of loss is filed and the amount of loss is determined as provided in this policy. These conditions also apply to any other person insured under this policy. 8. MEDICAL REPORTS; PROOF AND PAYMENT OF CLAIM Any person making a claim as a result of bodily injury, which may result in payment from Personal Injury Protection coverage or Automobile Medical Expense coverage, must notify us in writing. This notification should be sent to us as soon as reasonably possible after the person's first examination or treatment resulting from the bodily injury. Another person may give us the required notice on behalf of the person making a claim. Any person making a claim must, as soon as possible: a. give us details about the death, injury. treatment, and other information we need to determine the amount payable. We have the right to make or obtain a review of medical expenses and services to determine if they are reasonable and necessary for the bodily injury sustained. Forms for providing this information may be provided by us. b. consent to be examined by physicians chosen and paid by us when, and as often as, we reasonably may require. c. execute authorizations to permit us to obtain medical reports and records. if the person is dead or unable to act, such authorizations must be executed by his or her legal representative. d. submit to and provide all details concerning loss information through written or recorded statements or examinations under oath as often as we reasonably may require. Under Personal Injury Protection coverage and Automobile Medical Expense coverage, we may pay the injured person or any person or organization rendering the services.Any such payment will reduce the total amount we will pay for the injury. Any payment by us will not constitute admission of liability. Under Personal Injury Protection coverage and Uninsured and Underinsured Motorists coverage, we may pay any amount due to: a. the injured person; b. if the injured person is a minor, his parent or guardian; c. if the person is deceased, the surviving spouse: d, the person authorized by law to receive such payment; or e. the person entitled by law to recover the damages,which the payment represents. 9_. OUR RECOVERY RIGHT In the event of any payment under this policy, we are entitled to all of the rights of recovery of the person to whom, or on whose behalf. payment was made. Page 20 of 24 MPL 6010-000 Printed in U.S.A.0900 _ That person must: a. hold in trust for us all rights of recovery. b. sign and deliver to us any legal papers relating to the recovery. c. help us exercise those rights and do nothing after loss to prejudice our rights. In the event of recovery,we must be repaid for ail amounts paid out by us plus any related collection expenses. We will enforce this provision only in the manner and to the extent permitted under all applicable state laws. 10. POLICY CHANGES a. This policy contains all of the agreements edorsemet issued band us. The terms of this policy may not be changed or waived b. We will automatically give you the benefits of any extension or broadening of coverage if a policy change does not require additional premiums. The change will automatically apply to your policy as of the date we implement the change in your state. c. We may replace this policy to reflect otiimplemges entedtroduced since it was with a general revision thatincludes both the this section does not apply broadening and restriction of coverage, whether that general revision is implemented through introduction of; i. a future edition of your policy; or ii. an endorsement changing the policy. However, any replacement policy wi11 not change the limits of coverage with respect to any accident or loss which occurs before it was replaced. 11. ASSIGNMENT is effective unless we consent in writing by means of No change of interest in this policy endorsement to this policy. if you die, this policy will continue for: a. the surviving spouse if a resident of the same household; b. any legal representative to the extent he is acting within the scope of his duties as such; or c. any person having proper temporary custody of the covered automobile. 12. TERMINATION CANCELLATION You may cancel this policy by telling us on what future date you wish to stop coverage. We can cancel this policy by delivering to you or by mailing to you, at your last known address shown on our records, notice stating when the cancellation will be effective. This notice will be Page 21 of 24 MPL 6010-000 Printed in U.S.A.0900 mailed to you not less than the minimum statutory time permitted by state law, but: 1. not less than 10 days: a. for non-payment of premium:or b. if this policy has been in effect less than 60 days at the time notice of cancellation is mailed; and 2. not less than 20 days prior to the effective date of cancellation for underwriting reasons if your driver's license or the license of any other driver who either resides in the same household or customarily operates the covered automobile has been suspended or revoked during the 12 month period preceding the effective date of cancellation. NONRENEWAL If we decide not to renew or continue your policy, we will mail notice to you at the last known address shown on our records. Notice will be mailed at least 20 days before the end of the policy period. We will have the right not to renew or continue at the expiration date shown in the Declarations. If we offer to renew or continue and you do not accept, this policy will automatically terminate at the end of the current policy period. Failure to pay the required renewal or continuation premium when due shall mean that you have not accepted our offer. OTHER TERMINATION PROVISIONS a. If you obtain other insurance on your covered automobile, any similar insurance provided by this policy will terminate as to that automobile on the effective date of the other insurance. b. If the law in effect in your state at the time this policy is issued, renewed or continued: i, requires a longer notice period; ii. requires a special form of or procedure for giving notice; or iii. modifies any of the stated termination reasons; we will comply with those requirements. c. Proof of mailing of any notice shall be sufficient proof of notice. d. If you cancel, premium may be computed on a short rate basis. if we cancel, premium shall be computed on a pro-rata basis. Return premium shall be rounded to the nearest dollar. Any refund may be returned either at the time cancellation is effected or as soon as possible after cancellation becomes effective,but refund or offer of refund is not a condition of cancellation. e. The effective date of cancellation or termination stated in the notice shall become the end of the policy period. _-13.—LOSS.PAYABLE.CLAUSE. — - -- - -— - --' If a loss payee is shown in the Declarations, we may pay any comprehensive or collision loss to: a. you and, if unpaid, the repairer: MPL 6010-000 Printed in U.S.A.0900 Page 22 of 24 b. you and the loss payee, as its interest may appear, when we find it is not practical to repair the covered automobile; or c. the loss payee, as to its interest, if the covered automobile has been repossessed. When we pay the loss payee for loss, we are entitled to the loss payee's right of recovery to the extent of our payment. our right of recovery shall not impair the loss payee's right to recover the full amount of its claim. The coverage for the loss payee's interest will not be invalidated by any act or neglect of you or the owner or person legally in possession of the vehicle except: a. when you or the owner or person legally in possession of the covered automobile makes fraudulent statement(s) or engages in fraudulent conduct in connection with any loss for which coverage is sought. b. when the vehicle is intentionally damaged,destroyed or concealed: i. by or at the direction of,you or the owner or person legally in possession of the vehicle; or ii. as a result of any other act which constitutes a breach of contract between you or the owner and the loss payee. c. if you do not have any insurable interest in the covered automobile. The loss payee must file a claim in writing and comply with the conditions of the policy. The loss payee's interest may be terminated as permitted by the terms and conditions of the policy and the date of termination of the loss payee's interest will be at least 10 days after the date we mail the termination notice. IN WITNESS WHEREOF, we have caused this policy to be signed by its President and its Secretary at Warwick. Rhode Island. In the event that the President or Secretary who signed this contract cease to be our officers either before or after the contract is issued,the contract may be issued with the same effect as if they were still our officers. President Secretary MPL 6010-000 Printed in U.S.A.0900 Page 23 of 24 INDEX OF POLICY PROVISIONS Additional Benefits We Will Provide 3 General Policy Conditions 18 Additional Costs We Will Pay is Additional Definitions For This Coverage 2.6,9,13 If An Accident Or Loss Occurs 19 Actual Cash Value 13 Collision 13 Lawsuits Against Us 19 Covered Automobile 2,6,9,13 Loss Payable Clause 22 Deductible 13 Limit Of Liability 5,8,12 Insured 2 Medical Expenses 6 Maximum Amout We Will Pay 17 Non-Owned Automobile 3,6,13 Medical Expense Review 9 Substitute Automobile 3,7,9,14 Medical Reports;Proof And Payment Of Claim 20 Uninsured Motor Vehicle 9 Underinsured Motor Vehicle 10 No Benefit To Bailee 17 Automobile Liability Coverage 2 Nonrenewal 22 Assignment 21 Other Automobile Insurance Wth Us 19 Cancellation 21 Other insurance 6,8,12,17 Clothes And Luggage 15 Other Termination Provisions 22 Collision Coverage 14 Our Recovery Right 20 Comprehensive Coverage 14 Out Of State Insurance 5 Conformity With Financial Responsibility Laws 5 Coverage Provided 3.7,14 Payment Of Loss 18 Premium Changes 18 Deductible 13.14 Policy Changes 21 Disablement 14 Reductions 5,12 Exclusions Right To Appraisal 17 Liability 4 Medical Expense 7 Salvage Charges 15 Uninsured And Underinsured Motorists 11 Settlement 12 Physical Damage 15 Substitute Transportation Coverage 15 Substitute Transportation is Fraud and Misrepresentation 19 Termination 21 General Definitions 1 Territory And Policy Period 18 Automobile 1 Towing And Labor Coverage 14 Bodily Injury 1 Loss 1 Uninsured Motorists Coverage 10 Motor Vehicle 1 Underinsured Motorists Coverage 11 Occupying,Occupied 1 Property Damage 1 Your Duties In The Event Of A Loss 17 Relative 1 Your Duty To Cooperate 19 Trailer 1 We,Us,Our,Company 2 You,Your 2 MPL 6010-000 Printed in U.S.A.0900 Page 24 of 24 ENDORSEMENT PA400B PENNSYLVANIA UNINSURED AND UNDERINSURED MOTORISTS COVERAGE UNINSURED AND UNDERINSURED MOTORISTS is deleted and replaced by: UNINSURED AND UNDERINSURED MOTORISTS ADDITIONAL DEFINITIONS FOR THESE COVERAGES The following definitions apply to these coverages only: "COVERED AUTOMOBILE"means: 1. an automobile described in the Declarations to which the Automobile Liability coverage of this policy applies and for which a specific premium is charged. 2, an automobile newly acquired by you,if. a. it replaces a vehicle described In the Declarations;or b. it is an additional automobile,but only if: i. we insure all other automobiles owned by you on the date of acquisition; Ii. you notify us within 30 days of acquisition of your election to make this and no other policy issued by us applicable to the automobile;and iii. you pay any additional premium required by us. 3, a substitute automobile. 4, a motor vehicle,while being operated by you or a relative with the owner's permission,which is not owned by,furnished to,or made available for the regular use of you or any relative. "NON-ECONOMIC DAMAGES"means pain and suffering and other non-monetary loss. "SUBSTITUTE AUTOMOBILE means a motor vehicle not owned by you or any resident of your household and which is used with the owner's permission to replace for a short time a covered automobile. The covered automobile must be out of use for servicing or repair or because of breakdown,loss or destruction. "UNINSURED MOTOR VEHICLE"means: 1. a motor vehicle for which,at the time of the accident,there is no insurance policy or other financial security applicable to the owner,or operator, or any other liable person or organization. 2. a motor vehicle which has a bodily injury liability bond or insurance policy in effect at the time of the accident, but the amount of bodily injury coverage under such bond or Insurance policy is less than the minimum financial security requirements of the state in which the covered automobile is principally garaged. 3. a motor vehicle which has a bodily injury liability bond or insurance policy in effect at the time of the accident,but the company writing such bond or policy denies coverage,or is or becomes insolvent. MPL 6040-037 Printed in U.S.A.1110 Page t of 7 ENDORSEMENT PA400B 4, a hit and run motor vehicle which causes bodily Injury to a person covered under this section as the result of striking that person or a motor vehicle which that person is occupying at the time of the accident,If: a. the identity of the driver and the owner of the hit and run vehicle Is unknown; b. the accident is reported to a state or local police officer; c. the injured person or someone on their behalf flies with us within 30 days of the accident a statement under oath that the injured person or their legal representative has a cause,or causes, of action due to the accident for damages against someone whose identity is unknown;and d. the injured person or their legal representative makes available for inspection by us, when requested,the motor vehicle occupied by that person at the time of the accident. The term uninsured motor vehicle does not include: 1. a covered automobile;or 2. an automobile owned and operated by a self-insurer as defined in the applicable motor vehicle financial responsibility law, compulsory insurance law, motor carrier law, or any other similar applicable law except a self-insurer which is or becomes Insolvent. "UNDERINSURED MOTOR VEHICLE"means a motor vehicle which has a bodily injury liability bond or insurance policies in effect at the time of the accident, in at least the minimum amount required by the state in which the covered automobile is principally garaged,but its limits for bodily Injury liability is less than the amount the injured person is legally entitled to recover as damages. The term underinsured motor vehicle does not include a covered automobile. UNINSURED MOTORISTS COVERAGE This coverage is provided only if a premium for Uninsured Motorists coverage is shown in the Declarations. We will pay damages for bodily Injury sustained by: 1. you or a relative, caused by an accident arising out of the ownership, maintenance, or use of an uninsured motor vehicle, which you or a relative are legally entitled to collect from the owner or driver of an uninsured motor vehicle; 2. any other person, caused by an accident while occupying a covered automobile, who is legally entitled to collect from the owner or driver of an uninsured motor vehicle;or 3. any person for damages that person is entitled to recover because of bodily Injury, to which this coverage applies,sustained by anyone described in 1.or 2.above. UNDERINSURED MOTORISTS COVERAGE This coverage is provided only if a premium for Underinsured Motorists coverage is shown in the Declarations. We will pay damages for bodily injury sustained by: MPL 6040-037 Printed in U.S.A.1110 Page 2 of 7 ENDORSEMENT PA400B hip, m 1. you ora ►redtntenance, or use of an lmotor vehice, caused le,which you o a relative are legally ey an accident arising.out of the ntitled o collect from the owner or underinsured driver of an underinsured motor vehicle; 2. any other person, caused'by an accident while occupying a covered automobile, who is legally entitled to collect from the owner or driver of an underinsured motor vehicle;or 3. any person for damages that person is entitled to recover because of bodily Injury, to which this coverage applies,sustained by anyone described in 1.or 2.above. COVERAGE EXCLUSIONS We do not cover: A. any person occupying or struck by a motor vehicle owned by you or a relative, other than a covered automobile. B. any person who settles a bodily injury claim without our written consent. C. any claim which would benefit any insurer or self-insurer under any workers'compensation,disability benefits,or similar law. D. any person,other than you or a relative,while occupying: 1, a covered automobile while hired or rented to others for a charge,or any automobile which you are driving while available for hire by the public. EXCEPTION: This exclusion does not apply to shared expense car pools. 2, a vehicle while being used without the permission of the owner. E. any non-economic damages for any person who is subject to the limited tort option of the policy. F. any judgments or awards designated as punitive,exemplary,or statutory multiple damages. G. a relative who owns, leases or has available for their regular use,a motor vehicle not described in the Declarations. SETTLEMENT Whether any person is legally entitled to collect damages under this section, and the amount to which such person is entitled,will be determined by agreement between that person and us. If a person seeking coverage files a suit against the owner or driver of the uninsured or underinsured motor vehicle, copies of suit papers must be forwarded to us and we have the right to intervene and defend on the issues of the legal liability of,and the damages owed by,such owner or driver. However, we are not bound by any judgment against any person or organization obtained without our written consent. We will not pay any judgments or awards which exceed the limits of liability shown in the Declarations for Uninsured Motorists or Underinsured Motorists coverage. Page 3 of 7 MPL 6040-037 Printed in U.S.A.1110 ENDORSEMENT PA400B LIMIT OF LIABILITY UNINSURED MOTORISTS COVERAGE i. If bodily Injury is sustained by you or any relative: The maximum amount we will pay to all persons for all damages,including damages for care,loss of consortium, emotional distress, loss of services or death, arising out of bodily injury sustained by any one person as the result of any one accident is the limit of liability shown in the Declarations for "each person" for Uninsured Motorists coverage multiplied by the number of covered automobiles shown in the Declarations. Subject to this limit for"each person", the maximum amount we will pay to all persons for all damages, including damages for care, loss of consortium, emotional distress; loss of services or death, arising out of bodily Injury sustained by two or more persons resulting from any one accident is the limit of liability shown in the Declarations for "each accident" for Uninsured Motorists coverage multiplied by the number of covered automobiles shown in the Declarations. 1^ However, if the Declarations indicates that stacked Uninsured Motorists coverage limits have been rejected by you,then.the limit of liability shown in the Declarations for"each person"is the most we will pay to all persons for all damages, including damages for care, loss of consortium, emotional distress, loss of services or death,arising out of bodily Injury sustained by any one person as the result of any one accident. Subject to this limit for"each person",the limit shown in the Declarations for "each accident" is the most we will pay for all damages, including damages for care, loss of consortium, emotional distress, loss of services or death, arising out of bodily injury sustained by two or more persons resulting from any one accident. This is the most we will pay regardless of the number of: a. covered persons; b. claims made; c. vehicles or premium shown in the Declarations;or d. vehicles involved in the accident. 2. If bodily Injury is sustained by any person other than you or any relative: The limit of liability shown in the Declarations for"each person"is the most we will pay to all persons for all damages,including damages for care, loss of consortium, emotional distress, loss of services or death,arising out of bodily injury sustained by any one person as the result of any one accident. Subject to this limit for"each person", the limit shown in the Declarations for "each accident" is the most we will pay for all damages,including damages for care,loss of consortium, emotional distress, loss of services or death, arising out of bodily injury sustained by two or more persons resulting from any one accident. This is the most we will pay regardless of the number of: a. covered persons; b. claims made; c. vehicles or premium shown in the Declarations;or d. vehicles involved in the accident. MPL 6040-037 Printed in U.S.A.1110 Page 4 of 7 ENDORSEMENT PA400B 3. No person including you or any relative: a. will be entitled to receive duplicate payments for the same elements of loss;and b, will recover damages under Uninsured Motorists Coverage and Underinsured Motorists Coverage for the same accident. UNDERINSURED MOTORISTS COVERAGE 1. If bodily Injury is sustained by you or any relative: The maximum amount we will pay to all persons for all damages,including damages for care,loss of consortium, emotional distress, loss of services or death, arising out of bodily injury sustained by any one person as the result of any one accident is the limit of liability shownin the De larations covered for "each person" for Underinsured Motorists coverage multiplied by the automobiles shown in the Declarations. Subject to this limit for "each person", the maximum amount we will pay to all persons for all damages, including damages for care, loss of consortium, emotional distress, loss of services or death,arising out of bodily Injury sustained by two or more persons resulting from any one accident is the limit of liability shown in the Declarations for "each accident"for Underinsured Motorists coverage multiplied by the number of covered automobiles shown in the Declarations. However,if the Declarations indicates that stacked Underinsured Motorists coverage limits have been rejected by you, then the limit of liability shown in the Declarations for"each person" is the most we will pay to all persons for all damages, including damages for care, loss of consortium, emotional distress, loss of services or death,arising out of bodily injury sustained by any one person as the result of any one accident. Subject to this limit for"each person",the limit shown in the Declarations for "each accident" is the most we will pay for all damages, including damages for care, loss of consortium, emotional distress, loss of services or death, arising out of bodily injury sustained by two or more persons resulting from any one accident. This is the most we will pay regardless of the number of: a. covered persons; b. claims made; c. vehicles or premium shown in the Declarations;or d. vehicles involved in the accident. 2. If bodily injury is sustained by any person other than you or any relative: The limit of liability shown in the Declarations for"each person" is the most we will pay to all persons for all damages, including damages for care, loss of consortium, emotional distress, loss of services or death,arising out of bodily Injury sustained by any one person as the result of any one accident. Subject to this limit for"each person", the limit shown in the Declarations for"each accident" is the most we will pay for all damages,including damages for care,loss of consortium, emotional distress, loss of services or death, arising out of bodily injury sustained by two or more persons resulting from any one accident. This is the most we will pay regardless of the number of: a. covered persons; page 5 of 7 MPL 6040-037 Printed in U.S.A.1110 ENDORSEMENT PA400B b. claims made; c. vehicles or premium shown in the Declarations;or d. vehicles.involved in the accident. 3. No person including you or any relative: a. will be entitled to receive duplicate payments for the same elements of loss;and b. will recover damages under Uninsured Motorists coverage and Underinsured Motorists coverage for the same accident. REDUCTIONS Any amounts otherwise payable for damages which a person occupying a covered automobile, including you or any relative, is legally entitled to recover from the owner or operator of an uninsured motor vehicle or underinsured motor vehicle because of bodily injury caused by an accidant,shall be reduced by all sums paid because of the bodily injury by or on behalf of persons or organizations who may be legally responsible. This includes all sums paid under the AUTOMOBILE LIABILITY section of this policy. Any payment under this coverage will reduce any amount that person is entitled to recover for the same damages under the AUTOMOBILE LIABILITY section of this policy. OTHER UNINSURED AND UNDERINSURED MOTORISTS INSURANCE If there is other similar insurance available under more than one policy or provision of coverage,payment shall be made in the following order of priority: First- The policy for a covered automobile occupied by you, any relative or any other person at the time of the accident. Second-A policy affording Uninsured and Underinsured Motorists coverage on an automobile not involved in the accident with respect to which you or any relative is an insured. Additionally, if the Declarations indicates that stacked Uninsured Motorists or Underinsured Motorists coverage limits have been rejected by you,then provisions 1.and 2,below apply to the coverages where stacking has been rejected: 1. When there is Uninsured or Underinsured Motorists coverage available under the First priority shown above: a. the limit of liability applicable to the automobile occupied by you, any relative or any other person at the time of the accident,shall first be exhausted;and b. the maximum amount recoverable under all policies in the Second priority above shall not exceed the amount by which the highest limit for any one automobile under any one policy providing coverage to you or any relative; and 2. When there is no applicable insurance available under the First priority above,the maximum amount recoverable under all policies in the Second priority shall not exceed the highest applicable limit for any one automobile under any.one.policy. MPL 6040-037 Printed in U.S.A.1110 Page 6 of 7 ENDORSEMENT PA400B We will pay only our fair share of the foss. Our share is the proportion that our limit of liability bears to the total of all limits applicable on the same level of priority. If two or more policies have equal priority, the insurer against whom the claim is made shall process and pay the claim as if wholly responsible for all insurers 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, All other provisions of the policy apply except as modified by this endorsement. MPL 6040-037 Printed in U.S.A.1110 Page 7 of 7 ENDORSEMENT PA600 PENNSYLVANIA FIRST PARTY BENEFITS COVERAGE ENDORSEMENT PERSONAL INJURY PROTECTION is deleted and replaced by: FIRST PARTY BENEFITS COVERAGE In accordance with the Pennsylvania Motor Vehicle Financial Responsibility Law, we will pay first party benefits for: A. medical expenses, income loss, and funeral expenses arising from bodily injury to an eligible person resulting from the maintenance or use of a motor vehicle as a vehicle;and B. accidental death arising from bodily Injury to you or a relative resulting from the maintenance or use of a motor vehicle as a vehicle. Only the First Party Benefits shown as applicable in the Declarations will apply. ADDITIONAL DEFINITIONS FOR THIS COVERAGE The following definitions apply to this coverage only: "ACCIDENTAL DEATH"means your death or the death of a relative if death occurs within 24 months from the date of the accident. The death benefit shall be paid to the executor or administrator of your estate or the estate of a relative. "BODILY INJURY"means accidental bodily harm to a person and that person's resulting illness,disease or death. "ELIGIBLE PERSON"means: 1. you or any relative. 2. any other person who sustains bodily Injury: a. while occupying the insured motor vehicle;or b. while a non-occupant of a motor vehicle if injured as a result of an accident in Pennsylvania involving the insured motor vehicle. An unoccupied parked insured motor vehicle is not a motor vehicle involved in an accident unless it was parked in a manner as to create an unreasonable risk of injury. "FUNERAL EXPENSE" means reasonable expenses directly related to the funeral,burial,cremation or other form of disposition of the remains of the deceased eligible person. The expenses must be incurred as a result of the death of the eligible person and within 24 months from the date of the accident. "INCOME LOSS" means eighty (80%) percent of gross income actually lost by an eligible person. Income loss includes reasonable expenses actually incurred for hiring: 1. a substitute to perform the work a self-employed eligible person would have performed except for bodily injury;or MPL 6044.037 Printed in U.S.A.1100 Page 1 of 6 2. special help,thereby enabling a person to work,thereby reducing loss of gross income. Income loss does not include: 1, loss of expected income for any period following the death of an eligible person; 2. expenses incurred for services performed following the death of an eligible person;or 3. any loss of income during the first 5 working days the eligible person did not work after the accident because of the bodily injury. "INSURED MOTOR VEHICLE"means a motor vehicle: 1. to which the bodily Injury liability insurance of the policy applies and for which a specific premium is charged;and 2, for which you maintain First Party Benefits as required under the Pennsylvania Motor Vehicle Financial Responsibility Law. "LIMITED TORT OPTION"means 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. "MEDICAL EXPENSES"means reasonable and necessary charges for: 1. medical treatment,including but not limited to: a. medical,hospital,surgical,nursing and dental services; b. medications,medical supplies and prosthetic devices;and c. ambulance. 2. medical and rehabilitative services, including but not limited to: a. medical care; b. licensed physical therapy,vocational rehabilitation and occupational therapy; c. osteopathic,chiropractic,psychiatric and psychological services;and d. optometric services,speech pathology and audiology. 3. nonmedical remedial care and treatment rendered in accordance with a recognized religious method of healing. All medical treatment and medial and rehabilitative services must be provided by or prescribed by a person or facility approved by the Department of Health,the equivalent governmental agency responsible for health programs or the accrediting designee of a department of agency of the state in which those services are provided. Payment of medical expenses incurred after 18 months from the date of the accident causing bodily injury shall be made only if within 18 months from the date of the accident it is ascertainable with reasonable medical probability that further expenses may be incurred as a result of the _ injury.. "MOTOR VEHICLE"means any vehicle which is self-propelled except one which is propelled: MPL 6044037 Printed in U.S.A.1100 Page 2 of 6 I. solely by human power;or 2, upon rails. "OCCUPYING"means In or upon,entering into or alighting from. "RELATIVE"means, If resident in the same household as you: 1. your spouse;or 2. any person related to you by blood, marriage or;adoption, including a minor in the custody of you, your spouse or such related person, whether or not temporarily residing elsewhere. "SERIOUS INJURY"means a personal injury resulting in death,serious impairment of bodily function or permanent serious disfigurement. "WE","US"and"OUR"mean the company providing this insurance. "YOU"and"YOUR"mean the person or organization named in the Declarations Including the spouse if a resident of the same household. COVERAGE EXCLUSIONS This coverage does not apply to bodily injury to any person: A. while occupying or struck by an owned motor vehicle which is currently registered for which financial responsibility Is not provided. B. while occupying a motorcycle,motor-driven cycle, motorized pedalcycle or like type vehicle required to be registered under Title 75 or a recreational vehicle not intended for highway use. C. other than you or any relative,who knowingly converts a motor vehicle if the bodily injury arises out of the maintenance or use of the converted vehicle, D. when the conduct of that person contributed to the bodily injury sustained by that person,while: 1. intentionally Injuring or attempting to intentionally Injure himself or another; 2. committing a felony;or 3. seeking to elude lawful apprehension or arrest by a law enforcement official. E. engaged in the business of repairing, servicing, or otherwise maintaining motor vehicles if the bodily injury arises out of that business unless the conduct occurs off the business premises. F. not occupying a motor vehicle other than you or any relative, if the accident occurs outside the Commonwealth of Pennsylvania. G. sustaining bodily Injury as a direct result of loading or unloading any motor vehicle. H. while maintaining or using a motor vehicle while located for use as a residence or premises. MPL 6044-037 Printed in U.&A.1100 Page 3 of 6 1. due to war, whether or not declared, civil war, Insurrection, revolution or rebellion or any accompanying acts or conditions. J. caused by nuclear radioactivity or explosion. POLICY PERIOD AND TERRITORY This coverage applies only to accidents which occur on or after October 1, 1984 during the policy period and within the United States of America,its territories and possessions or Canada. LIMITS OF LIABILITY A. Our liability for benefits with respect to bodily injury to any one eligible person in any one motor vehicle accident is limited to the amount shown in the Declarations;or B. If the Declarations show that Combination Benefits apply,we will pay: BENEFIT LIMIT 1. Medical Expenses Subject to Aggregate Limit 2. Income Loss Subject to Aggregate Limit 3. Funeral Expenses Subject to amount shown in the Declarations 4. Accidental Death Subject to amount shown in the Declarations The Aggregate Limit is shown In the Declarations, The Aggregate Limit Is the total amount payable for all benefits(as defined and limited in this endorsement)with respect to bodily Injury to any one eligible person in any one motor vehicle accident for expenses and loss Incurredwithin three years from the date of the accident. Benefits shall not be Increased for any eligible person by adding together the limits of liability: a. under this policy because there are multiple motor vehicles covered under this policy;or b. under multiple motor vehicle policies covering an eligible personfor the same loss. Any amount payable by us under the terms of this coverage for First Party Benefits shall be excess over all benefits that an eligible person receives or is entitled to receive under any workers'compensation law or similar law. PRIORITIES OF POLICIES We will pay First Party Benefits in accordance with the following order of priority. We will not pay if there is another insurer at a higher level of priority. The priority order is: First-The insurer providing benefits to the eligible person as a named insured. Second-The insurer providing benefits to the eligible person as a relative 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 eligible person is occupying at the time of the MPL 6044.037 Printed In U.S.A.1100 Page 4 of a accident. ' Fourth - The insurer providing benefits on any motor vehicle involved in the accident if the eligible person is not: a. occupying a motor vehicle;and b. provided coverage under any other policy. The"First"category listed above is the highest level of priority,and the"Fourth"category listed above is the lowest level of priority. If two or more policies have equal priority: a. the insurer against which the claim is first made shall process and pay the claim as if wholly responsible, b. the maximum recovery under all policies will not exceed the amount payable under the policy with the highest dollar limits of benefits. For the purposes of determining priorities, an unoccupied parked motor vehicle is not a motor vehicle involved in an accident unless it was parked in a manner as to create an unreasonable risk of injury. CONDITIONS A. Action Against Us. No action shall lie against us on the part of any eligible person unless such person has fully complied with all terms of this coverage. B. Notice. If an accident occurs, written notice adequately identifying the eligible person and reasonably accessible facts concerning the time, place and circumstances of the accident shall be given as soon as practicable by or on behalf of each eligible person to us or any of our authorized agents. C. Medical Reports; Proof Of Claim. As soon as practicable the eligible person or someone on his behalf, shall give us written proof of claim, under oath if required, fully describing the nature and extent of bodily injury,treatment and rehabilitation received and contemplated and other information to assist us in determining the amount due and payable. Proof of claim shall be made upon forms furnished by us unless we fail to supply such forms within 15 days after receiving notice of claim. The eligible person shall submit to mental and physical examinations by physicians selected by us when and as often as we may reasonably require. We will pay the costs of such examinations. The eligible person (or, in the event of such person's incapacity or death, his legal representative) shall,if we request,sign papers to enable us to obtain medical reports and copies of records. A copy of such medical report will be forwarded to such eligible person upon his written request. If benefits for income loss are claimed, the eligible person presenting such claim shall authorize us to obtain details of all earnings paid to him by an employer or earned by him since the time of the Injury or during the year immediately preceding the date of the accident. D. Customary Charges For Treatment. The amount we will pay to a person or institution providing treatment, accommodations, products or services to an eligible person for an injury covered by MP16044-037 Printed in U.S.A.1100 Page 5 01 6 medical expense benefits shall not exceed the amount the person or institution customarily charges for like treatment,accommodations,products and�services in cases involving no insurance. E. Non-Duplication Of Benefits. No eligible person shall recover duplicate benefits for the same elements of loss under this or any other similar automobile insurance including self-insurance. LIMITED TORT OPTION Each person who.elects the limited tort option remains eligible to seek compensation for economic damages sustained in a motor vehicle accident as the consequence of the fault of another person pursuant to applicable tort law. Unless the injury sustained is a serious injury, each person who is bound by the limited tort option shall be precluded for maintaining an action for any noneconomic damages except that: 1. An individual otherwise.bound by the limited tort option who sustains damages in a motor vehicle accident as the consequence of the fault of another person may recover damages as if the individual damaged had elected the full tort option whenever the person at fault: a. is convicted, or accepts Accelerated Rehabilitative Disposition (ARD) for driving under the influence of alcohol or a controlled substance in that accident; b. is operating a motor vehicle registered in another state; c. intends to injure himself or another person, provided that an individual does not Intentionally injure himself or another person merely because his act or failure to act is intentional or done with his realization that it creates a grave risk of causing injury or the act or omission causing the injury is for the purpose of averting bodily harm to himself or another person;or d. has not maintained financial responsibility as required by Act 6, provided that, nothing in this paragraph shall affect the limitation of Section 1731(d) (2) (relating to availability, scope and amount of coverage). 2. an Individual 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 arising out of a defect in such motor vehicle which Is caused by or not corrected by an act or omission in the course of such business, other than a defect in a motor vehicle which is operated by such business. 3. an individual 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. All other provisions of the policy apply except as modified by this endorsement. MPL 6044-037 Printed in U.S.A.1100 Page 6 of 8 ENDORSEMENT PA700A PENNSYLVANIA STATE PROVISIONS ENDORSEMENT 1. Under AUTOMOBILE LIABILITY,COVERAGE EXCLUSIONS,We do not cover:, item I. is deleted. 2. AUTOMOBILE MEDICAL EXPENSE is deleted. 3. Under GENERAL POLICY CONDITIONS: A. item 3.FRAUD AND MISREPRESENTATION is deleted and replaced by: 3. FRAUD 1. We may void or rescind this policy within the first 60 days of the inception of this policy if you or any Insured has: a, concealed or misrepresented any material fact; b. made any fraudulent statements;or c. engaged in fraudulent conduct. 2. in addition,we do not provide coverage if you or any insured has: a. concealed or misrepresented any material fact; b. made any fraudulent statements; or C. engaged in fraudulent conduct, in connection with any accident or toss for which coverage is sought under this policy. B. item 12.TERMINATION is deleted and replaced by: 12. CANCELLATION You may cancel this policy telling us on what future date you wish to stop coverage. We can cancel this policy by delivering to you or by mailing to you, at your last known address shown on our records, notice stating when the cancellation will be effective. This notice will be mailed to you: 1. not less than 15 days prior to the effective date of cancellation: a. for non-payment of premium; b. if this policy has been in effect less than 60 days at the time notice of cancellation is made;or c. if your driver's license has been suspended or revoked during the 12 month period preceding the effective date of cancellation. 2. not less than 60 days prior to the effective date of cancellation in all other cases. We will have the right to non-renew your policy by providing you with written notice not less MPL 6045-037 Printed in U.S.A.1110 Page 1 of 2 ENDORSEMENT PA700A than 60 days prior to the expiration date shown in the Declarations,for any reason permitted under Pennsylvania law. We will mail notice to you at the last known address shown in our records. 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 shall mean that you have not accepted our offer. If you obtain Insurance on your covered automobile,any similar insurance provided by this policy will terminate as-to that automobile on the effective date of the other insurance. OTHER TERMINATION PROVISIONS a. If the law in effect in Pennsylvania at the time this policy is issued or renewed: 1. requires a longer notice period; 2. requires a special form of or procedure for giving notice;or 3. modifies any of the stated termination reasons; we will comply with those requirements. b. Proof of mailing of any notice shall be sufficient proof of notice. c. If you cancel,premium may be computed on a short rate basis. If we cancel, premium shall be computed on a pro rata basis. Return premium shall be rounded to the nearest dollar. Any refund may be returned either at the time cancellation is effected or as soon as possible after cancellation becomes effective, but refund or offer of refund Is not a condition of cancellation. d. The effective date of cancellation or termination stated in the notice shall become the end of the policy period. C. item 13.LOSS PAYABLE CLAUSE,the following Is added: However, this exclusion does not apply to an insured for losses arising out of abuse to that insured to the extent of the insured's legal interest in the covered property if the loss is caused by intentional acts of another insured. All other provisions of the policy apply except as modified by this endorsement. MPL 6045.037 Printed in U.S.A.1110 Page 2 of 2 ENDORSEMENT V550 PHYSICAL DAMAGE SPECIAL LOSS SETTLEMENT Under the PHYSICAL DAMAGE section: 1. the following is provided for vehicles covered under Comprehensive or Collision: RENTAL CAR-Additional Costs We Will Pay: We will pay expenses for loss of use,diminished value and reasonable fees and charges which you become legally obligated to pay as a result of direct and accidental damage to a commercially rented automobile rented by you or a relative on a temporary basis. 2. the following are added to MAXIMUM AMOUNT WE WILL PAY: REPLACEMENT COST FOR SPECIAL PARTS We will not take a deduction for depreciation for loss to,steering and suspension components, brake parts,electrical wiring and components,batteries,and tires If repair or replacement results in a better part than was damaged. This does not apply to theft of tires or batteries, unless the entire vehicle was stolen. If the loss is only to a part of the property,our responsibility extends to that part only. REPLACEMENT COST FOR TOTAL LOSS If the covered automobile is owned by you and sustains a total loss within: a. one year after purchase;or b. the vehicle's first 15,000 miles, whichever occurs first, we will pay, at our option, the full cost of repair or replacement, less the applicable deductible. This coverage applies only to a covered automobile that has not been previously titled and is not more than one model year old when purchased by you. This does not apply to a substitute automobile,a non-owned automobile or a vehicle leased under a long-term contract of 6 months or more. The following conditions apply: 1. Our liability for any loss will not be more than the cost to replace the damaged property with: a. a previously untitled vehicle of the year, make, model and equipment of the damaged automobile or,if unavailable, b. a vehicle that Is most similar in class and body type to the year,make, model and equipment of the damaged automobile. 2. We will not pay for any loss before the actual repair or replacement is completed. 3. We have the right to pay the loss in money or to repair or replace the damaged automobile. MPL 6027-000 Panted in U,SA 1299 Page 1 of 2 "TOTAL LOSS" means a loss In which the cost to replace or repair the vehicle to its pre-loss condition plus the salvage value,equals or exceeds the actual cash value. All other provisions of the policy apply except as modified by this endorsement. MPL 6027-M Printed in U,S.A.1299 Page 2 of 2 ENDORSEMENT V702 SPECIAL PROVISIONS ENDORSEMENT I. Under AUTOMOBILE LIABILITY: A. ADDITIONAL DEFINITIONS FOR THIS COVERAGE: 1. "COVERED AUTOMOBILE",item 1.is deleted and replaced by: 1, any motor vehicle described in the Declarations. 2. 'INSURED",item 3. is deleted and replaced by: 3, any other person or organization if liable due to the acts or omissions of any person described in 1,or 2.above. This provision does not apply: a. if the vehicle is a non-owned automobile owned or hired by the person or organization. b. to the United States of America or any of its agencies. 3. "NON-OWNED AUTOMOBILE",item 2,is deleted and replaced by: 2. a commercially rented automobile,or truck which has a Gross Vehicle Weight Rating of under 26,000 lbs., used by you or a relative on a temporary basis. B. COVERAGE EXCLUSIONS,We do not cover: 1. item K.is deleted and replaced by: K. any motor vehicle while competing in, practicing for, or preparing for, any prearranged or organized racing, speed contest, hili climbing exhibition or other contest or demonstration. 2, the following items are added: a, bodily injury or property damage due to a nuclear reaction,nuclear discharge.radiation or radioactive contamination including any cleanup, decontamination or containment activities. b. bodily injury or property damage directly or indirectly caused by or resulting from Inhalation,ingestion,existence or exposure to fungi,mold,mushrooms, bacteria, mildew and any mycotoxins,spores,scents or by-products produced by any of these. c. bodily injury or property damage arising out of the use of a motor vehicle by 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 the employee in any civil action. C. LIMIT OF LIABILITY,the first paragraph is deleted and replaced by: The limit of liability shown In the Declarations for "each person" for Bodily Injury Liability is the most we will pay to all persons for all damages, including damages for care, loss of consortium, emotional distress, loss of services or death,arising out of bodily injury sustained by any one MPL 6083-000 Printed in U.S.A.0505 Page t of 3 person as the result of any one accident. Subject to this limit for"each person",the limit shown in the Declarations for "each accident" for Bodily Injury Liability is the most we will pay to all persons for all damages,including damages for care, loss of consortium,emotional distress, loss of services or death, arising out of bodily injury sustained by two or more persons resulting from any one accident. Ii. Under AUTOMOBILE MEDICAL EXPENSE: A. ADDITIONAL DEFINITIONS FOR THIS COVERAGE: 1. "COVERED AUTOMOBILE",Item 1.is deleted and replaced by: 1. any motor vehicle described in the Declarations. 2. "NON-OWNED AUTOMOBILE",item 2.is deleted and replaced by: 2. a commercially rented automobile,or truck which has a Gross Vehicle Weight Rating o1 under 26,000 lbs.,used by you or a relative on a temporary basis. B. COVERAGE EXCLUSIONS,We do not cover: 1. item 1.is deleted and replaced by: I. a non-owned automobile while used by a relative who owns,leases or has available for their regular use, a motor vehicle not described in the Declarations. 2, the following items are added: a, bodily injury due to a nuclear reaction, nuclear discharge, radiation or radioactive contamination Including any cleanup,decontamination or containment activities. b. bodily injury directly or indirectly caused by or resulting from Inhalation, ingestion, existence or exposure to fungi,mold,mushrooms, bacteria, mildew and any mycotoxins, spores,scents or by-products produced by any of these, c. bodily injury arising out of the use of a motor vehicle by 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 the employee in any civil action. III. Under UNINSURED AND UNDERINSURED MOTORISTS: A. UNINSURED MOTORISTS COVERAGE,the last paragraph is deleted and replaced by: 3. any person for damages that person is entitled to recover because of bodily injury sustained by anyone described in 1.or 2.above. B. UNDERINSURED MOTORISTS COVERAGE,the last paragraph is deleted and replaced by: 3. any person for damages that person is entitled to recover because of bodily injury sustained by anyone described in 1.or 2.above. -C.- LIMIT OF LIABILITY,the first paragraph is deleted and replaced by: MPL 13093.000 Printed in U.S.A.0505 Page 2 of 3 The limit of liability shown in the Declarations for "each person" is the most we will pay to all persons for all damages,including damages for care, loss of consortium,emotional distress, loss of services or death,arising out of bodily injury sustained by any one person as the result of any one accident. Subject to this limit for"each person",the limit shown in the Declarations for"each accident" for bodily injury liability, is the most we will pay to all persons for all damages, including damages for care, loss of consortium, emotional distress, loss of services or death, arising out of bodily Injury sustained by two or more persons resulting from any one accident. This is the most we will pay regardless of the number of: IV. Under AUTOMOBILE PHYSICAL DAMAGE: A. ADDITIONAL DEFINITIONS FOR THIS COVERAGE: 1. "COVERED AUTOMOBILE",item 1.is deleted and replaced by: 1. any motor vehicle or trailer described in the Declarations. 2. "NON-OWNED AUTOMOBILE",item 2.is deleted and replaced by: 2. a commercially rented automobile, trailer, or truck which has a Gross Vehicle Weight Rating of under 26,000 lbs.,used by you or a relative on a temporary basis. B. ADDITIONAL COSTS WE WILL PAY,item 1.Is deleted and replaced by: 1. If a disablement occurs as a result of loss to the covered automobile,we will pay up to$50 for transportation to reach the intended destination. C. COVERAGE EXCLUSIONS,We do not cover: 1. item J. is deleted and replaced by: J. loss due to a nuclear reaction,nuclear discharge, radiation or radioactive contamination Including any cleanup,decontamination or containment activities. 2. item L.Is deleted and replaced by: L. loss to a covered automobile while competing in, practicing for, or preparing for, any prearranged or organized racing, speed contest, hill climbing exhibition or other contest or demonstration. 3. item M.is deleted and replaced by: M. a non-owned automobile while used by a relative who owns,leases or has available for their regular use,a motor vehicle not described in the Declarations. A. the following item is added: a. loss due to or resulting from fungi, mold, mushrooms, bacteria, mildew and any mycotoxins,spores,scents or by-products produced by any of these. D. MAXIMUM AMOUNT WE WILL PAY,the last paragraph is deleted and replaced by: The most we will pay for loss to a trailer you do not own is$1500. All other provisions of the policy apply except as modified by this endorsement. MPL 6093-000 Printed in U.S.A,0505 Page 3 of 3 a ENDORSEMENT V911 IDENTITY THEFT RESOLUTION The following is added: MISCELLANEOUS IDENTITY THEFT RESOLUTION a 7 We will provide, at our expense, a representative of our choice to assist you, and any relatives in resolving issues of unauthorized use of personal identity or credit information. The unauthorized use must be reported to us during the policy period. Our obligation under this provision is limited to paying for the services of a representative of our choice. No other limit of liability or deductible applies. Our obligation terminates when the policy terminates for any reason. All other provisions of the policy apply. MPL 6097.000 Printed In U.S.A.0306 Page 1 or 1 a Y ENDORSEMENT PA300 PENNSYLVANIA EXTRAORDINARY MEDICAL BENEFITS COVERAGE ENDORSEMENT SPECIAL NOTICE: ALTHOUGH YOU HAVE PURCHASED EXTRAORDINARY MEDICAL BENEFITS COVERAGE, THIS ENDORSEMENT IS NOT APPLICABLE TO THE FIRST$100,000 OF MEDICAL EXPENSES PAID BY OR FOR ANY INSURED. YOU CAN AVOID PAYING OUT OF POCKET MEDICAL EXPENSES BY PURCHASING FIRST PARTY BENEFITS COVERAGE WITH A MEDICAL EXPENSE BENEFIT LIMIT OF$100,000. This endorsement is subject to all provisions of the policy except as follows: INSURING AGREEMENT We will pay medical expense benefits arising from bodily injury to an eligible person resulting from the maintenance or use of a motor vehicle. This coverage applies only to medical expense benefits in excess of$100,000. ADDITIONAL DEFINITIONS FOR THIS COVERAGE The following definitions apply to this coverage only: "BODILY INJURY"means accidental bodily harm to a person and that person's resulting illness,disease or death. "ELIGIBLE PERSON"means: 1. you or any relative; 2. any other person who sustains bodily injury: a. while occupying the insured motor vehicle;or b. while a non-occupant of a motor vehicle if injured as a result of an accident in Pennsylvania involving the insured motor vehicle. An unoccupied parked insured motor vehicle is not a motor vehicle involved in an accident unless it was parked in a manner as to create an unreasonable risk of injury. "INSURED MOTOR VEHICLE"means a motor vehicle: 1. to which the bodily injury liability insurance of the policy applies and for which a specific premium is charged: and 2. for which you maintain First Party Benefits as required under the Pennsylvania Motor Vehicle Financial Responsibility Law. "MEDICAL EXPENSES"means reasonable and necessary charges for: 1. medical treatment,including but not limited to: a. medical,hospital,surgical,nursing and dental services: MPL 6056-0$7 Printed in U.S.A.1100 Page 1 of 5 b, medications,medical supplies and prosthetic devices;and c. ambulance. 2. medical and rehabilitative services, Including but not limited to: a. medical care; b. licensed physical therapy,vocational rehabilitation and occupational therapy; c. osteopathic,chiropractic,psychiatric and psychological services;and d. optometric services,speech pathology and audiology. 3. nonmedical remedial care and treatment rendered in accordance with a recognized religious method of healing. All medical treatment and medical and rehabilitative services must be provided by or prescribed by a person or facility approved by the Department of Health,the equivalent governmental agency responsible for health programs or the accrediting designee of a department or agency of the state in which those services are provided. Payment of medical expenses incurred after 18 months from the date of the accident causing bodily injury shall be made only if within 18 months from the date of the accident it is ascertainable with reasonable medical probability that further expenses may be incurred as a result of the injury. "MOTOR VEHICLE"means any vehicle which is self-propelled except one which is propelled: 1. solely by human power;or 2. upon rails. "OCCUPYING"means in or upon,entering into or alighting from. "RELATIVE"means,if resident In the some household as you: 1. your spouse;or 2. any person related to you by blood, marriage or adoption, including a minor in the custody of you, your spouse or such related person whether or not temporarily residing elsewhere. "WE", "US"and"OUR"mean the company providing this insurance. "YOU"and"YOUR"mean the person or organization named in the Declarations including the spouse if a resident of the same household. COVERAGE EXCLUSIONS This coverage does not apply to bodily injury to: A. any person while occupying or struck by an owned motor vehicle which Is currently registered for which financial responsibility is not provided. MPL 6056.037 Printed in U.S.A.1100 Page 2 of 5 f B. any person while occupying a motorcycle, motor-driven cycle, motorized pedalcycle or like type vehicle required to be registered under Title 75 or a recreational vehicle not intended for highway use. C, any person other than you or any relative, who knowingly converts a motor vehicle if the bodily Injury arises out of the maintenance or use of the converted vehicle. D. any person when the conduct of that person contributed to the bodily injury sustained by that person,while: 1. intentionally injuring or attempting to intentionally injure himself or another: 2. committing a felony;or 3. seeking to elude lawful apprehension or arrest by a law enforcement official. E. any person engaged in the business of repairing,servicing, or otherwise maintaining motor vehicles if the bodily injury arises out of that business unless the conduct occurs off the business premises. F. any person not occupying a motor vehicle other than you or any relative, if the accident occurs outside the Commonwealth of Pennsylvania. G. any person sustaining bodily injury as a direct result of loading or unloading any motor vehicle. H. any person while maintaining or using a motor vehicle while located for use as a residence or premises. I. any person due to war,whether or not declared, civil war,insurrection,revolution or rebellion or any accompanying acts or conditions. J. any person caused by nuclear radioactivity or explosion. K. any person who,at the time of the accident,is the owner of one or more motor vehicles and none of those motor vehicles have Extraordinary Medical Benefits Coverage or similar coverage in effect. However, this exclusion does not apply if that person insured one or more of those motor vehicles for First Party Benefits Coverage and was denied the opportunity, prior to the accident, to purchase Extraordinary Medical Benefits Coverage or similar coverage by the insurer of each of those motor vehicles. L. any person who,at the time of the accident,is: 1. the owner of a motor vehicle which is not insured for Extraordinary Medical Benefits Coverage or similar coverage; and 2. injured while occupying that motor vehicle. However, this exclusion does not apply if that person insured that motor vehicle for First Party Benefits Coverage and was denied the opportunity, prior to the accident, to purchase Extraordinary Medical Benefits Coverage or similar coverage by the insurer of that motor vehicle. M. the first$100.000 of medical expense paid by or for an eligible person as a result of any accident. MPL 6056-037 Printed in U.S.A.1100 Page 3 of 5 . __................____......__..........._.._............__._.... ........._............. .._............_.__..................... Y n. a LIMITS OF LIABILITY Our liability for benefits with respect to bodily injury in any one motor vehicle accident is limited to the amount shown in the Declarations subject to an annual limit of $50,000 for each eligible person. However, during the first 18 months of eligibility, we shall make payments in excess of the$50,000 per year limit,subject to the lifetime aggregate limit of$1,000,000. This is the most we will pay regardless of the number of: 1. claims made; 2. vehicles or premiums shown in the Declarations; 3. vehicles involved in the accident;or 4. insurers providing Extraordinary Medical Benefits Coverage. PRIORITIES OF POLICIES We will pay First Party Benefits in accordance with the following order of priority. We will not pay if there is another insurer at a higher level of priority. The priority order is: First- The insurer providing benefits to the eligible person as a named insured. Second- The insurer providing benefits to the eligible person as a relative who is not a named insured under another policy providing Extraordinary Medical Benefits Coverage or similar coverage. Third - The insurer of the motor vehicle which the eligible person is occupying at the time of the accident. Fourth- The insurer of any motor vehicle involved in the accident for any eligible person who is not the occupant of a motor vehicle. The "First"category listed above is the highest level of priority,and the"Fourth" category listed above is the lowest level of priority. If two or more policies have equal priority: a. the insurer against which the claim is first made shall process and pay the claim as if wholly responsible. b. the maximum recovery under all policies will not exceed the amount payable under the policy with the highest dollar limits of benefits. For the purposes of determining priorities, an unoccupied parked motor vehicle is not a motor vehicle involved in an accident unless it was parked in a manner as to create an unreasonable risk of injury. CONDITIONS A. Action Against Us. No action shall lie against us on the pan of any eligible person unless such person has fully complied with all the terms of this coverage. B. Notice. If an accident occurs, written notice .adequately .identifying the•eligible person and - - -"reasonably accessible facts concerning the time, place and circumstances of the accident shall be given as soon as practicable by or on behalf of each eligible person to us or any of our authorized MPL 6056-037 Printed in U.S.A.1100 Page 4 of 5 agents. C. Medical Reports; Proof Of Claim. As soon as practicable the eligible person or someone on his behalf, shall give us written proof of claim, under oath if required, fully describing the nature and extent of bodily injury,treatment and rehabilitation received and contemplated and other Information to assist us in determining the amount due and payable. Proof of claim shall be made upon forms furnished by us unless we fail to supply such forms within 15 days after receiving notice of claim. The eligible person shall submit to mental and physical examinations by physicians selected by us when and as often as we may reasonably require. We will pay the costs of such examinations. The eligible person (or, in the event of such person's incapacity or death,his legal representative) shall,if we request,sign papers to enable us to obtain medical reports and copies of records. A copy of such medical report will be forwarded to such eligible person upon his written request. D. Customary Charges For Treatment. The amount we will pay to a person or institution providing treatment, accommodations, products or services to an eligible person for an injury covered by medical expense benefits shall not exceed the amount the person or institution customarily charges for like treatment,accommodations,products and services in cases involving no Insurance. E. Non-Duplication Of Benefits. No eligible person shall recover duplicate benefits for the same elements of loss under this or any other similar automobile insurance including self-insurance. F. Structured Settlements. Where It appears that payment of medical expense benefits in the form of a structured settlement will be both cost effective to us and in the best interest of an eligible person, we and any eligible person may make an agreement which is mutually satisfactory as respects timing and amounts of payments under Extraordinary Medical Benefits Coverage. This may include annuities or other long-term payment arrangements. G. Evidence And Recovery In Tort Actions. In consideration for coverage provided under this endorsement, an eligible person to whom medical expense benefits under Extraordinary Medical Benefits Coverage are paid or payable agrees not to introduce these benefits into evidence in any action for damages against a tortfeasor arising out of any accident involving a motor vehicle. In addition, such eligible person agrees not to seek to recover from any tortfeasor amounts for medical expense benefits which are paid or payable under Extraordinary Medical Benefits Coverage for the same elements of loss. MPL 6056-037 Printed in U.S.A.1100 Page 5 of 5 ENDORSEMENT V506 SAFETY GLASS DEDUCTIBLE BUYBACK We agree with you that if you pay the tadditionalotentr Hium,under der Compreh ns ve PHYSICAL coverage for rthe repair section of tho policy, no deductible shall apply replacement of damaged safety glass. Coverage only applies to the vehicle for which a premium is shown far"Glass Deductible Buyback:' "Safety glass"means the glass,plastic or other material used in the windshield and windows of a motor vehicle. All other provisions of the policy apply except as modified by this endorsement. ------ Page 1 of 1 MPL 6028-000 Printed in U.S.A.0599 VERIFICATION 1, Deborah Machnik, on. behalf of Metropolitan Group property and Casualty Insurance Company, hereby state and aver that I have read the foregoing document, which has been drafted by counsel of record. The factual statements contained therein are true and correct to the best of my knowledge, information and belief although the language is that of counsel, and, to the extent that the content, of the foregoing document is that of counsel, I have relied upon counsel in making this Verification. This statement is .made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. METROPOLITAN GROUP PROPERTY AND CASUALTY INSURANCE COMPANY Date. �GfJy B 17x...Gk Y• Deborah Machnik Sr. Casualty Adjuster METROPOLITAN GROUP PROPERTY : IN THE COURT OF COMMON PLEAS AND CASUALTY INSURANCE CUMBERLAND COUNTY, COMPANY, PENNSYLVANIA Plaintiff .: v. No. 14-5640 MARILYNN WILLITS, Executor of The Estate of Dianne Elaine Barrick, Deceased, Defendant ACTION FOR DECLARATOR`'• JUDGMENT ACCEPTANCE OF SERVICE OF DECLARATORY JUDGMENT COMPLAINT The undersigned, Matthew L. Owens, Esquire, as counsel for Defendant Marilynn Willits, Executor of the Estate of Dianne Elaine Barrick, Deceased, has been authorized, on behalf of my client, to accept service of the Declaratory Judgment Complaint filed in this action and initiating this action. Date: 16 ((3(ltf LAW OFFICE OWENS, LLC BY: Matthew Uens, Esquire 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717)-909-2500 mlowens@centralpaattomeys.com Attorneys for Defendant METROPOLITAN GROUP PROPERTY : IN THE COURT OF COMMON PLEAS AND CASUALTY INSURANCE : CUMBERLAND COUNTY, COMPANY, : PENNSYLVANIA Plaintiff : NO. 14-5640 v. MARILYNN WILLITS, Executor of the Estate of Dianne Elaine Barrick, : ACTION FOR DECLARATORY Deceased : JUDGMENT Defendant -73 c,) PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the Matthew L. Owens, Esquire and the Law Offices of Matthew L. Owens, Esquire, LLC on behalf of the Defendant relative to the above captioned matter. rw CA Date: iII2K((� Respectfully 'tted, Matthew L. Owens, Esquire ID# 76080 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717) 909-2500 CERTIFICATE OF SERVICE AND NOW, this 24th day of November 2014, I, Sunni Elmore, an employee of the Law Offices of Matthew L. Owens, Esquire, LLC, hereby certify that I have this date served a copy of the foregoing document pursuant to Pa.R.C.P. 1012, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows, as well as by electronic mail: Brigid Q. Alford, Esquire Marshall Dennehey, Warner, Coleman & Goggin 100 Corporate Center Drive, Suite 201 Camp Hill, PA 11 Date: %a �y Sunni Elmore METROPOLITAN GROUP PROPERTY AND CASUALTY INSURANCE COMPANY, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 14-5640 MARILYNN WILLITS, Executor of the Estate of Dianne Elaine Barrick, : ACTION FOR DECLARATORY Deceased . : JUDGMENT Defendant ANSWER WITH NEW MATTER AND NOW COMES Defendant, Marilynn Willits, Administratrix of the Estate of Dianne Elaine Barrick, Deceased, by and through her attorney Matthew L. Owens, Esquire, who files the following Response to Plaintiff's Complaint and in support thereof avers as follows: Jurisdiction and Venue 1. Admitted. 2. Admitted. 3. Admitted: 4. Admitted. The Parties 5. Denied. Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contain in Paragraph 5 and therefore the same are denied with strict proof thereof required at trial. 6. Admitted. 7. Admitted. The Policy 8. Admitted: 9. Admitted. 10. Admitted in Part and Denied in Part. It is admitted that the Declarations section of the subject policy indicates the limits as set forth in Plaintiff's Complaint. However it is denied that those limits are correct. To the contrary it is Defendant's position that the per person benefits with stacking coverage equal three hundred thousand dollars ($300,000.00). 11. Denied. The UIM Endorsement references a writing which speaks for itself. The Motor Vehicle Accident 12. Admitted. 13. Admitted. 14. Admitted. The UIM Claim 15. Admitted. 16. Admitted. 17. Admitted in Part and Denied in Part. It is admitted that the Plaintiff has made a determination that one hundred thousand dollars ($100,000.00) in coverage applies. It is denied that this limit is correct. To the contrary it is Defendant's position that the UIM benefits total three hundred thousand dollars ($300,000.00). 18. Admitted. 19. Admitted. 20. Admitted. 21. Admitted. 22. Admitted. WHEREFORE, Defendant, Marilynn Willits, Administratrix of the Estate of Dianne Barrick, respectfully requests Judgment in their favor and against Plaintiff, Metropolitan Group Property and Casualty Insurance Company, and determine that the UIM benefits available are three hundred thousand dollars ($300,000.00) per person and available to the Estate of Dianne Barrick and award such additional and further relief including attorney's fees, costs and other expenses as deemed appropriate by this Court and under that law. NEW MATTER 23. Answering Defendant's responses set forth in the foregoing paragraphs one through twenty-two are incorporated herein by reference as if set forth at length. 24. Metropolitan Group Property and Casualty Insurance Company by and through its agent, employee, representative, or servant sold automobile insurance to now deceased Dianne Barrick (hereinafter "Decedent"). 25. Metropolitan Group Property and Casualty Insurance Company by and through its agent, employee, representative, or servant sold a single automobile policy to Decedent with UIM benefits and stacking coverage. 26. Stacking coverage in a policy such as that sold to Decedent means that the insured can stack all applicable automobiles and/or automobile insurance policies together for a greater total than a single policy. 27. For this benefit to have any application to Decedent in this case, Decedent would have had to have had multiple vehicles owned and/or insured both individually or through relatives or other household members. 28. Decedent owned one (1) vehicle and insured this vehicle with Metropolitan Group Property and Casualty Insurance Company. 29. Decedent lived alone and had no other relatives or household members and thus no other applicable automobiles for which to benefit from stacking coverage. 30. Decedent was exceptionally conservative in her life and in her selection of insurance coverages for all aspects of her life. 31. Decedent insured her life, her home and her car with unusually high benefits and thus was an individual concerned with understanding applicable insurance and specific coverages which applied. 32. Decedent clearly was enticed to select the additional benefit of stacking of UIM benefits despite not understanding or realizing that there were no other automobiles or specifically automobile insurance policies from vehicles she owned or other relatives or household members owned from which she could benefit from the stacking option. 33. Thus she was enticed to purchase coverage believing it would apply and help her in an accident, specifically and tragically in this accident which ultimately caused her death. However once the benefits were needed the Plaintiff, Metropolitan Group Property and Casualty Insurance Company, clearly concluded and asserted that the one hundred thousand dollars ($100,000.00) in UIM coverage limits applied and that in light of the fact that no other policies existed for the stacking benefit to apply, denied further coverage and ultimately used the Decedent's decision against her and against her wishes, desires, hopes and goals in selecting such insurance. 34. Despite selecting and paying a premium for stacking coverage, Decedent could never benefit from the stacking coverage as there were no other policies to stack onto or into to form a greater total than the one hundred thousand dollar ($100,000.00) limits in UIM coverage available to her through a single policy and indeed the erroneous single policy sold to her in this case. 35. There exists no set of circumstances under which Decedent could ever have benefitted from the stacking coverage sold to her by Metropolitan Group Property and Casualty Insurance Company or Metropolitan Group Property and Casualty Insurance Company's agents, employees, representatives, or servants. 36. Metropolitan Group Property and Casualty Insurance Company has an obligation and duty to sell only coverages where insureds can derive a benefit. To sell coverages that an insured can never benefit from is in bad faith and furthermore a breach of contract. 37. Under Pennsylvania Law where an insurer sells coverage that is in bad faith and/or breaches a contract which exists where the insured can never derive a benefit from purchased coverage, the limits of liability one made to match the liability limits of the insured or in this case three hundred thousand dollars ($300,000.00), not one hundred thousand dollars ($100,000.00). 38. Further under Pennsylvania Law, attorney's fees can be awarded in cases where the insurer acts in bad faith or sells coverages that are inapplicable or can never provide a benefit but where the insurer has collected a premium. 39. In this case Defendant demands that their attorney's fees be reimbursed to counsel and furthermore demands that this Court make a declaration that the UIM limits applicable to this case and to Defendants total three hundred thousand dollars ($300,000.00). 40. In the alternative, should this Court determine there is some odd or remote possibility that the Decedent could have derived a benefit from the stacking coverage sold to her despite having no other applicable vehicles or insurance policies to stack onto or into, Defendant requests that this Court find that that possibility of such benefit is so remote that the Plaintiff, Metropolitan Group Property and Casualty Insurance Company, still acted in bad faith and furthermore under Pennsylvania Law determine that the applicable UIM benefits match the liability limits of the same policy and thus are three hundred thousand dollars ($300,000.00) per person not one hundred dollars ($100,000.00) and further award attorney's fees, costs and expenses. WHEREFORE, Defendant, Marilynn Willits, Administratrix of the Estate of Dianne Barrick, respectfully requests that this Honorable Court enter Judgment in their favor and against Plaintiff, and further enter a decree declaring that the total amount of Underinsured Motorist benefits available under the applicable Metropolitan Group Property and Casualty Insurance Company's policy to Defendant totals three hundred thousand dollars ($300,000.00) and award as additional damages attorney's fees, costs and expenses as appropriate and as determined by this Court. Date: 11 ( t(' � 1 Respectful Matthew L. • wens, Esquire ID# 76080 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717) 909-2500 VERIFICATION I, Marilynn Willits, Administratrix of the Estate of Dianne Barrick, certify under penalty of 18 Pa.C.S. § 4904, related to Unsworn Falsification to Authorities, that the averments of fact or things produced in the foregoing document are true and correct upon my personal knowledge, or information and belief. Date: ///?C -77r CERTIFICATE OF SERVICE AND NOW, thiJS day of November 2014, I, Sunni Elmore, an employee of the Law Offices of Matthew L. Owens, Esquire, LLC, hereby certify that I have this date served a copy of the foregoing document pursuant to Pa.R.C.P. 1012, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows, as well as by electronic mail: Date: // 5X4/ Brigid Q. Alford, Esquire Marshall Dennehey, Warner, Coleman & Goggin 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 METROPOLITAN GROUP PROPERTY AND CASUALTY INSURANCE COMPANY, Plaintiff v. MARILYNN WILLITS, Executor of the Estate of Dianne Elaine Barrick, Deceased Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, 53. (- T C. : PENNSYLVANIA : NO. 14-5640 : ACTION FOR DECLARATORY : JUDGMENT • c!� •_A. C.....,;,, PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached Verification to the Answer with New Matter which was filed in the above referenced matter. DATE: 12/9/2014 BY: Matthew L. Owens ID# 76080 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 VERIFICATION I, Marilynn Willits, Administratrix of the Estate of Dianne Barrick, certify under penalty of 18 Pa.C.S. § 4904, related to Unsworn Falsification to Authorities, that the averments of fact or things produced in the foregoing document are true and correct upon my personal knowledge, or information and belief. Date: y A/AZIA'' signature) CERTIFICATE OF SERVICE AND NOW, this day of December 2014, I, Sunni Elmore, an employee of the Law Offices of Matthew L. Owens, Esquire, LLC, hereby certify that I have this date served a copy of the foregoing document pursuant to Pa.R.C.P. 1012, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows, as well as by electronic mail: Date: /2/i 0 /'i Brigid Q. Alford, Esquire Marshall Dennehey, Warner, Coleman & Goggin 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 METROPOLITAN GROUP PROPERTY : AND CASUALTY INSURANCE COMPANY, Plaintiff v. MARILYNN WILLITS, Executor of The Estate of Dianne Elaine Barrick, Deceased, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, c' PENNSYLVANIA, z• Fri C—; ay No. 14-5640 ACTION FOR DECLARATORY JUDGMENT 1.0 C? PLAINTIFF METROPOLITAN GROUP PROPERTY AND CASUALTY INSURANCE COMPANY'S REPLY TO NEW MATTER Plaintiff Metropolitan Group Property and Casualty Insurance Company, by its attorneys Brigid Q. Alford, Esquire and Marshall Dennehey Warner Coleman & Goggin, replies to Defendant's New Matter, as follows: 23. Plaintiff incorporates herein by reference the averments set forth at Paragraphs 1- 22 of its Complaint. 24. Denied as stated. Admitted that Plaintiff sold an Auto Insurance Policy to Dianne Elaine Barrick, which policy was a writing, the terms of which speak for themselves, and a true and correct copy of which was attached to Plaintiffs Complaint as Exhibit A. 25. Denied as stated. Admitted that Plaintiff sold an Auto Insurance Policy to Dianne Elaine Barrick, which policy was a writing, the terms of which speak for themselves, and a true and correct copy of which was attached to Plaintiffs Complaint as Exhibit A. 26. Paragraph 26 sets forth a conclusion of law to which no response is required. To the extent a response is deemed required, the conclusion of law set forth by Defendant is denied; proof thereof is demanded. 27. Paragraph 27 sets forth a conclusion of law to which no response is required. To the extent a response is deemed required, the conclusion of law set forth by Defendant is denied; proof thereof is demanded. 28. Denied as stated. Plaintiff admits that, at the time she applied for the subject Auto Insurance Policy with Plaintiff, Dianne Elaine Barrick identified one (1) vehicle, a 2004 Kia Optima, Vehicle ID Number KNAGD128245297757, to be listed as an Insured Vehicle on the Automobile Insurance Declarations page for the Policy, and represented to Plaintiff that she was the owner of that vehicle. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the remaining factual averments; the same are therefore denied and proof thereof is demanded. 29. The allegation as to benefits and stacking coverage set forth conclusions of law to which no response is required. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the remaining factual averments set forth in Paragraph 29; the same are therefore denied and proof thereof is demanded. 30. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 30; the same are therefore denied and proof thereof is demanded. 31. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 31; the same are therefore denied and proof thereof is demanded. Plaintiff admits the implication, within Paragraph 31, that Dianne Elaine Barrick's choice to elect stacked UM/UIM coverage was consistent with Defendant's characterization of her as one who insured her car with "unusually high benefits" and as one concerned with "understanding applicable insurance and specific coverages." 2 32. The allegations as to benefits and stacking options set forth conclusions of law to which no response is required. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the remaining factual averments set forth in Paragraph 32; the same are therefore denied and proof thereof is demanded. 33. The allegations as to benefits and stacking options set forth conclusions of law to which no response is required. Admitted as to the clarity of Plaintiffs conclusion that the UIM benefits applicable to the subject claim were one hundred thousand dollars ($100,000.00). Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the remaining factual averments set forth in Paragraph 33; the same are therefore denied and proof thereof is demanded. 34. Plaintiff denied the implication, in Paragraph 34, that Decedent "could never benefit from the stacking coverage." Plaintiff is without knowledge or information sufficient to form a belief as to the averment that the policy sold to Decedent was "erroneous;" the same is therefore denied and proof thereof demanded. The remaining averments set forth conclusions of law to which no response is required. 35. Paragraph 35 sets forth a conclusion of law to which no response is required. To the extent a response is deemed required, the conclusion of law set forth by Defendant is denied; proof thereof is demanded. 36. Paragraph 36 sets forth a conclusion of law to which no response is required. To the extent a response is deemed required, the conclusion of law set forth by Defendant is denied; proof thereof is demanded. 3 37. Paragraph 37 sets forth a conclusion of law to which no response is required. To the extent a response is deemed required, the conclusion of law set forth by Defendant is denied; proof thereof is demanded. 38. Paragraph 38 sets forth a conclusion of law to which no response is required. To the extent a response is deemed required, the conclusion of law set forth by Defendant is denied; proof thereof is demanded. 39. Paragraph 39 sets forth no averments of fact; it is in the nature of a prayer for relief, to which no response is required. 40. Paragraph 40 sets forth no averments of fact; it is in the nature of a prayer for relief, to which no response is required. WHEREFORE, Plaintiff respectfully requests that the New Matter be dismissed and the declaratory relief requested within Plaintiffs Complaint be granted. Date: 12/110 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Brigid Q. Alford, Esq I.D. No. 38590 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 (717)-651-3710/FAX (717)-651-3707 bqalford@mdwcg.com Attorneys for Plaintiff 4 VERIFICATION I, Alison Barber, on behalf of Metropolitan Group Property and Casualty Insurance Company, hereby state and aver that I have read the foregoing document, which has been drafted by counsel of record. The factual statements contained therein are true and correct to the best of my knowledge, information and belief although the language is that of counsel, and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this Verification. This statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. METROPOLITAN GROUP PROPERTY AND CASUALTY INSURANCE COMPANY Date: I ?` 1 i11i1 By: d�9 /36 -t16 -t. A ison Barber Sr. Casualty Adjuster CERTIFICATE OF SERVICE I, Brigid Q. Alford, Esquire, do hereby certify that a true and correct copy of the foregoing was served upon the following via US Postal Mail on the date specified below: Matthew L. Owens, Esquire 2595 Interstate Drive Suite 101 Harrisburg, PA 17110 Attorney for Defendant Dated: ta11244 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN ,2 Ad Brigid QDAlford, Esi) ire Attorney for Plainti '