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HomeMy WebLinkAbout02-1897JOHN D. PERKEY and T1]ERESA M. PERKEY, his wife, Plaintiffs : v. : : PRUDENTIAL PROPERTY AND : CASUALTY INSURANCE COMPANY, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2oo2- He Cn L CIVIL ACTION - LAW PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Summon~ against the defendant, Prudential Property and Casualty Insurance Company, and enter my appearance on behalf of the plaintiffs, John D. Perkey and Theresa M. Perkey, his wife. Please direct the Sheriff to serve the defendant as follows: Prudential Property and Casualty Insurance Company 2101 Welsh Road Dresher, PA 19025 Respectfully submitted, April 17, 2002 IRWIN, McKNIGHT & HUGHES To: PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY You are hereby notified that John D. Perkey and Theresa M. Perkey, his wife, plaintiffs, have commenced ail action against you which you are required to defend or a default judgment may be entered again.~t you. Date: /'Aa~ /~ ,2002 / By: ~ DEPUT~ '/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN D. PERKEY THERESA M. PERKEY, his wife Plaintiffs MS, PRUDENTIAL PROPERTY and CASUALTY INSURANCE COMPANY Defendant No. 2002-1897 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P. 1017 TO THE PROTHONOTARY: Kindly enter the appearance of Michael B. Scheib, Esquires of Griffith, Strickler, Lerman, Solymos & Calkins, as attorney for the Defendant in the above- captioned matter and mark the docket accordingly. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: Attorney I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 Attorneys for Defendant Dated: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN D. PERKEY THERESA M. PERKEY, his wife Plaintiffs VS, PRUDENTIAL PROPERTY and CASUALTY INSURANCE COMPANY Defendant No. 2002-1897 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this I(~r~of May, 2002, I, Michael B. Scheib, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of Praecipe for Entry of Appearance, by United States Mail, addressed to the party or attorney of record as follows: Marcus A. McKnight. III, Esq. 60 West Pornfret Street Carlisle, PA 17013 (Attorney for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: . , . Cheib,. E~QUi~E/' Attorney I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN D. PERKEY : THERESA M. PERKEY, his wife : Plaintiffs : VS, PRUDENTIAL PROPERTY and CASUALTY INSURANCE COMPANY Defendant No. 2002-1897 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please enter a Rule upon John D. Perkey and Theresa M. Perkey, Plaintiffs, to file a Complaint within twenty (20) days from the date of the service of this Rule or suffer Judgment non-pros. By: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Supreme Court I.D. #63868 Attorney for Defendant 110 South Northern Way York, PA 17402 (717) 7§7-7602 Dated: NOW, , 2002, RULE ISSUED AS ABOVE. Y PR%,O'OTARY' -- DEPUTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN D. PERKEY " THERESA M. PERKEY, his wife : Plaintiffs : VS. PRUDENTIAL PROPERTY and CASUALTY INSURANCE COMPANY Defendant No. 2002-1897 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this \ ~of May, 2002, I, Michael B. Scheib, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of Praecipe for Rule to File Complaint, by United States Mail, addressed to the party or attorney of record as follows: Marcus A. McKnight, III, Esq. 60 West Pomfret Street Carlisle, PA 17013 (Attorney for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Michael B. Sbheib, ESQUIRE Attorney I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN D. PERKEY : THERESA M. PERKEY, his wife : Plaintiffs : VS. : : PRUDENTIAL PROPERTY and : CASUALTY INSURANCE COMPANY : Defendant : No. 2002-1897 CIVIL ACTION - LAW JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : ss COUNTY OF YORK : Before me, a Notary Public in and for said Commonwealth and County, personally appeared Michael B. Scheib, who being duly sworn according to law, deposes and says that he caused to be served on Marcus McKnight, III, Esq., a true and correct copy of the original Rule To File Complaint filed in the above captioned matter, by U.S. Mail, Certified delivery, at 60 West Pomfret Street, Carlisle, PA 17013 on the 16th day of May, 2002. Sworn and subscribed to before me th~ Notary Publi~J My Co~ission Expires: By: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CABINS ~ MICHAEL ~. SC~EIB, ES~3IRE Supreme Court I.D. #63868 Attorney for Defendant 110 South Northern Way York, PA 17402 (717) 757-7602 J Notarial Seal I Dawn M. Kess er, Notary Public ! Springettsbury Twp., York County L My Commission Expires Oct. 13 2003 Men bet ps ms~-~* ' Certified Return Receipt: ~t 102595.~0~U.0952 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN D. PERKEY THERESA M. PERKEY, his wife Plaintiffs VS. PRUDENTIAL PROPERTY and CASUALTY INSURANCE COMPANY Defendant No. 2002-1897 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICF AND NOW, this(~ of May, 2002, I, Michael B. Scheib, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS &CALKINS, hereby certify that I have this date served a copy of Affidavit of Service, by United States Mail, addressed to the party or attorney of record as follows: Marcus A. McKnight, III, Esq. 60 West Pomfret Street Carlisle, PA 17013 (Attorney for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS &CALKINS BY: M chael B. Scheib, ESQUIRE Attorney I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 Attorneys for Defendant SHERIFF'S RETURN CASE NO: 2002-01897 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PERKEY JOHN D ET AL VS PRUDENTIAL PROPERTY AND CASUAL - OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , to wit: PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY , Sheriff or Deputy Sheriff who being says, that he made a diligent search and He therefore Pennsylvania, but was unable to locate Them in his bailiwick. deputized the sheriff of MONTGOMERY County, serve the within WRIT OF SUMMONS to On May 13th 2002 , this office was in receipt of the attached return from MONTGOMERY Sheriff's Costs: Docketing Out of County Surcharge Dep Montgomery Co 18.00 9.00 10.00 33.00 .00 70.00 05/13/2002 So answer~r~ ~[~i ~~ ~. Thomas Kline Sheriff of Cumberland County IRWIN MCKNIGHT HUGHES Sworn and subscribed to before me this /7 ~ day of ~ A.D. Prothonotary ' In The Court of Common Pleas of Cumberland County, Pennsylvania John D. Perkey et al VS. PPudential Property and Casualty Insurance Conf~ny SERVe: same No. 02 1897 civil Now, _ May 1, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Montgcmery County to execute thi~ Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service o'clock /P M. served the by handing to and made known to copy of the original So answers, the contents thereof. Notarial Seal H:qene Friednlan, Not: Sworn and subscribed before me this '-7 day o~ ~ o~ ~ 20 0-2. .p~O Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT CoM'ty, PA P SHERIFF'S RETURN PROTHONOTARY Y- 2401 DEFENDANT: Prudential Property & Casualty Insurance DOCUMENT SERVED: Civil INDIVIDUAL SERVED: Lauran Bryson RELATIONSHIP TO DEFENDANT: Supervisior DATE AND PREVAILING TIME: May 6, 2002 609:00 LOCATION: 2101 Welsh Road, Dresher, PA 19025 May 7, 2002 Notary Public Sheriff of Montgomery County Deputy Sheriff Mason JOHN D. PERKEY and THERESA M. PERKEY, his wife, Plaintiff V. PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, ' Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No.: 2002-1897 CIVIL ACTION : : : NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint, order and notice are served, by entering a written appearance personally or by attorney and by filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse, 4th Floor Carlisle, pa 17013 (717) 240-6200 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any heating or business before the court. You must attend the scheduled conference or hearing. JOHN D. PERKEY and THERESA M. PERKEY, his wife, Plaintiff V. : PRUDENTIAL PROPERTY AND: CASUALTY INSURANCE : COMPANY, ' : : Defendant : : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No.: 2002-1897 CIVIL ACTION COMPLAINT AND NOW, this 5t~ day of July, 2002, comes the Plaintiffs, John D. Perkey and Theresa M. Perkey, his wife by their attorney, Irwin, McKnight & Hughes and makes the following Complaint against the Defendant, Prudential Property and Casualty Company: 1. The Plaintiffs are John D. Perkey and Theresa M. Perkey who are adult individuals who reside at 328 Pine Grove Road, Gardners, Pennsylvania 17324. 2. The Defendant is Prudential Property and Casualty Company, an insurance company which does business within the Commonwealth of Pennsylvania with its regional office located at 2101 Welsh Road, Dresher, Pennsylvania 19025. 3. The Plaintiffs, John D. Perkey and Theresa M. Perkey, his wife entered into a contract of insurance with the Defendant, Prudential Property and Casualty Insurance Company which was in full force and effect on September 15, 1998. A complete copy of the Defendant's policy is attached hereto and marked as Exhibit "A" and is made a part of this Complaint. On September 15, 1998, the Plaintiff, John D. Perkey, was operating a tractor trailer combination for his employer, ABF Trucking and Mr. Perkey was involved in a vehicle accident when the rear wheels of another trailer broke free and became lodged under the tractor being driven by the Plaintiff. 5. The accident occurred on the Pennsylvania Turnpike west of Pittsburgh in the predawn hours and the tractor driven by the Plaintiff, John D. Perkey, was forced off the Turnpike onto the berm of the highway. 6. In the accident John D. Perkey sustained serious injuries to his neck, back,shoulders and right knee. The Plaintiffs seek recovery of their damages for pain and suffering, medical expenses, lost wages and loss of society as a result of the accident. 7. The trucking company of the trailer which lost its rear tires was insured by Reliance Insurance Company. Said company became insolvent and was liquidated by the Commonwealth of Pennsylvania. 8. The Plaintiffs have submitted a claim pursuant to the uninsured provisions of their Prudential policy for the Uninsured Motorist Coverage provided by the Defendant. The Plaintiffs have total coverage of Two Hundred Thousand and 00/100 ($200,000.00) Dollars pursuant to the policy of the Defendant. By letter dated April 17, 2002, the Defendant refused coverage of the Underinsured Insurance Claim citing policy language. A copy of the letter is marked as Exhibit "B" and is attached to and is made a part of the Complaint. COUNT I Breach of Contract and Bad Faith John D. Perker and Theresa M. Perkey~ Plaintiff~ V..2 Prudential Property and Casualty Company, Defendant 10. The averments of fact contained in Paragraphs one (1) through nine (9) of the Complaint are hereby incorporated by reference and are made a part of this Count. 11. At the time of the accident the Plaintiff, John D. Perkey, was employed as an over the road truck driver for ABF Freight Carriers, Inc. His employer is self-insured and does not provide protection against uninsured motorists. 12. The Plaintiffs believed that the uninsured motorist protection provided by the Defendant, Prudential, would protect him when he is driving other vehicles whether they were rented or due to his regular employment. 13. The position taken by the Defendant, Prudential, that its policy does not cover the Plaintiff when he is driving his employer's vehicle is against the policy language of the Prudential Policy and a breach of the contract between the Plaintiffs and Defendant Prudential. 14. At the time of the accident the Plaintiff, John D. Perkey, was not driving a "vehicle for hire" but a commercial tractor trailer which was not specifically excluded from coverage by the Defendant's Policies of Insurance. 15. The attempted inclusion of the commercial vehicle driven by the Plaintiff, John D. Perkey, at the time of the accident, by the Defendant, Prudential, is contrary to law within the Commonwealth of Pennsylvania. See, Prudential Property and Casualty Insurance Company v. Helen $. Ziatyk. 302 EDA 2001 in which the Superior Court found the same exclusions were contrary to law when the insured was operating a rental track. 16. The failure to promptly pay the Plaintiff uninsured coverage in the face of legal decisions constitutes bad faith by the Defendant, Prudential Property and Casualty Company. 17. The Guarantee Insurance Fund from Michigan which is now defending the third party action brought by the Plaintiffs requires that the Plaintiffs exhaust the underinsured coverage of their own automobile insurance before any payment from the Fund. 18. The failure of the Defendant, Prudential, to pay the policy coverage constitutes a violation of the implied contractual duty of the Defendant, Prudential, to act in good faith. 19. The failure of the Defendant, Prudential, to pay the underinsured coverage provided to the Plaintiffs by its policy constitutes a violation of 42 Pa.C.S. Section 8371. The Plaintiffs are entitled to punitive damages, attorney's fees, court costs and interest as permitted by law. WHEREFORE, the Plaintiffs respectfully request that the Court enter judgment against the Defendant, Prudential Property and Casualty Insurance Company in the amount of Two Hundred Thousand and 00/100 ($200,000.00) Dollars with reasonable legal fees, punitive damages, court costs and interest permitted by law. COUNT II Declaratory Judgment Action John D. Perke¥ and Theresa M. Perkey, Plaintiffs Y.2. Prudential Property and Casualty Company, Defendant 20. The averments of fact contained in Paragraphs One (1) through Nineteen (19) are hereby incorporated by reference and are made a part of this Count. 21. The position taken by the Defendant in refusing underinsurance coverage to the Plaintiffs is contrary to law and public policy. 22. The judgment of this Court in this action will serve a useful purpose in clarifying and settling the legal issue in this case. 23. The Plaintiffs seek an Order of Court declaring that Prudential is liable to the Plaintiffs for the payment of its Underinsured Motorist Coverage pursuant to the damages sustained by the Plaintiffs in the accident on September 15, 1998. WHEREFORE, the Plaintiffs seek judgment against the Defendant, Prudential Property and Casualty Insurance Company declaring that it is obligated to pay the Uninsured Motorist Coverage to the Plaintiffs as a consequence of the motor vehicle accident of September 15, 1998. Dated:~~)O'~ ~ Respectfully submitted, IRWIN, McKNIGHT & HUGHES Esqu r5 Attorney I.D. #2547~ ~ 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Plaintiffs roperty and Casualty Insurance Company iensraj Insurance Company omn~ercJal Insurance Company ~ T~e F~dential insurance Company of America tics/23 Main Street, Holmc~el, N.J. 07733 ThePrudenflal ~ 4/86 INS-A poica,r Parts. po,Car , TABEE OFCONTENTS. Page DEFINITIONS 2 GENERAL PROVISIONS : 2 ~'hese provisions are ap~/icab/e to ali par~ of ~he po/icy) THIS' POLICY IS A'OONTRACT 2 AGREEMENTS BETWEEN YOU 'AND Us ' 2 DECLARATIONS ~ : 2 ENDORSEMENTS' POLICY AREA : : ' ' 2 POLICY PERIOD 3 LIFETIME RENEWALiAT AGE 65 ~:3 TERMINATION 3 PREMIUM PAYMENT .. ' 4 POLICY CHANGES · ADDiTiONAL.OPERATORS LIMIT. OF COVERAGE ~. : , 4 4 ASSIGNMENT' ~ ~' i ~ B~NKRUPTC~, . 5 OUT:OF:STATE CO,~ERAG E: ; :' 5' YOUR:DUTIES AFTER-AN AcciDENT OR LOSS5 IF YOU INJURE OTHERs OR DAMAGE THEIR. PROPERTY WITH A CAR, ~.,:, ~ .. 6 OUR OBLiGATiONS TO YOU : 6 YOUR OBLIGATIONS',TO'US WHAT CARS ARE COVERED i '7 WHO IS NSURED , ' 7 8 LOSSES'WE WILL NOTiRAYFOR ' :' ' 8:. HOW WE'WiEL SETTLE 'A"~LAIM 9 PART 2 MEDICAL PAYMENTS. IF YOU ARE INJURED IN A CAR. ACCIDENT :9 OUR OBLIGATIONS' TO YOU '' ' :: 9 YOUR OBLIGATIONS TO US : '10 WHAT CARS ARE COVERED 10 WHO ~s ~NSURED LossEs wE W~LL NOT PAY PoR HOW WE W~LL S~LE A CLAIM Page PART 3 COLLISION & COMPREHENSIVE . IF YOUR CAR IS-DAMAGED OR STOLEN 12 OUR OBLIGATIONS TO YOU 12 YOUR OBLIGATIONS TO US 12 WHAT CARS ARE COVERED 12 LOSSES WE WILL NOT PAY FOR, 13 HOW WE WILL SETTLE A CLAIM 14 Prudential Property and Casualty InsuranCe Company Prudanflal General Inauranoe Company Prudential Commercial Insurance Company Sub~d~mes of The Pruoent>ar InaJrarce Company of America Corporate Office/23 Main Street, Holmdel, N.J. 07733 DEFINITIONS . The words defined betow are used throughoutthe policy. They are pdnted in bole type and the definitions shown next to them apply. BODILY INJURY Bodily injury means bodily injury, sickness, disease or death suffered by a oerson CAR A car is a private passenger automobile, station wagon, jeep-type, or van with four wheels which is designed for use mainly on public roads. A pick-up truck with four or s~x wheels and a Icad capacity of one ton or less ~s aisc a car. HOUSEHOLD RESIDENT A household resident is' someone who liras in your household. A household resident includes a resident relative. MOTOR VEHICLE A motor vehicle is a self-propelled land vehi~e which is reouired to be registered and licensed by the Jaws of your s~a[e for use on public roaos. NON-OWNED CAR A non-owned car is a car which ~s not ownen by, registered in the name of or furnished or available for the regular or freouent use of you or a household resident. PROPERTY DAMAGE P~operty damage means damagetc physical property, including toss of its use. RESIDENT RELATIVE A resident relative is someone w~o lives in your nousenolcl and is relatec [o you by blood, marriage, aoop- ~on or is a ward or foster child. YOU OR YOUR You or your means the ~)erson shown as the named i n- sureo on the Declarations of this policy, an~ your spouse, if he or she lives in your household. WE, US, OR OUR We, us, or our means Prudential Property and Casualty Insurance Company or one of its subsidiaries as shown on your Declarations. GENERAL PRO VISIONS THE POLICY IS A CONTRACT This policy is a contract between you and us. When we refer to the oolicy, we mean this Booklet. your Applica- tion, your most recent Declarations and your Endorsements· AGREEMENTS BETWEEN YOU AND US In exchange for premium paJa, we agree~o pay for losses as covered in this policy. By accepting this policy, you agree that the statements on your Application are true and correct. This:policy ~s issued relying on the accuracy of these statements. This policy contains all the agreements that exist between you and us. You will immediately notify us of any change of address. DECLARATIONS The Declarations is an imoortant part of this policy. It lists the named insured and describes :the cars this policy covers. Refer tothe Dectarationsto see which parts of the policy apply ant wna~ amounts of insurance you have for each of your cars. You only have the coverage for which a specific oremium charge is shown for the coverage. You will receive a Declarations when the policy is first issueo, each time a change is made and at'each renewal ENDORSEMENTS. F. ndorsements are a ~art 0fthis oolicy. They add to, delete, or change carts ofthe ~olicy. They may be necessary to conform to the laws of your state or to new programs we have implemented. Only those Endorsements .WhOSe numbers appear on the Declarations are a par~ of your POLICY AREA UnitedStates, Puerto Rico or 'Canada This policy covers accidents which occur in the United States ofAmenca, itsterritodes or possessions, Puerto Rico or Canada, or while a car is being [ransported oetween [nose oleces. Mexico -- WARNIMG: READ THIS. ~' REFULLY! Car accidents in Mexico are su~tecttot, zws of Mexico only -- NOT the laws of the United States of Amenca. Unlikethe United Stales, the Reoublic of Mexico cons~aers an auto accident a CRIMINAL OFFENSE as well as a matter. IN SOME CASES, THIS .COVERAGE MAY NOT BE RECOGNIZED. BY MEXICAN AUTHORITIES AND THE COMPANY MAY NOT BE ALLOWED TO IMPLE- MENT THIS COVERAGE AT ALL IN MEXICO, YOU SHOULD CONSIDER PURCHASING CAR COVERAGE FROM A LICENSED MEXICAN IN- SURANCE,COMPANY BEFORE DRIVING INTO MEXICO. The coverages for your insured car orovided bythis policy are ex[enoeo to accidents occurring in Mexico within 25 miles of,tne Un,ed States border. This extension only applies for infrequenttrips into Mexico[nat oo no~ exceeo ten days at any. one time; Exclusions -- We do not provide, any coverage: l. If your'insured car'is not pdncipaJly garaged and used in the~ United:States; aha 2. To any person insured unoer this policy who ~loes not live inthe United Stales. Special Conditions -- .' .Other Insurence= The OTHER INSURANCE pro. v~ons of this' Policy-are'replaced by the following: 'Jft~ere~s other insurance.which covers aloss under this ~art, we will pay only those.damages that'are excess over amounts payable .under other suranpe UP T0 our limit of. liabi!itYi 2. Losses payable If Your Car le Damaged Or Stolen. We will pay losses under PART 3 COLLI- SION AND:COMPREHENSIVE: :in the United Statas~. not. m Mexico. Jf your insured car is damag- ed in Mexico. you must return ittothe LJnited States to be repaired. I/~your insured, car mustbe repaired Jn MexiCo'in 0rcl~r to be driven,.we will not gay more titan the amount it wouto cost to have repairs made at the- neares~ p0Jnt 'ih the United States. =OLICY PERIOD 'his;policy.cavern acbidents WhiCh oc~r dudngthe policy )eriOd. This ~)eriod is showq on the Declarations. LIFETIME RENEWAl ' AGE 65 ,. We*will not refuse to renew or continue this policy if you have ~iad car insurance With ua continuously for at least 5 years on the first anniversary date of this policy (or any renewal or replacement of it) following your 65th birthday. But, this agreement does not apply ii: '1. You fail topay a premium when required. 2. You are not the principa/driver of a car described on the Declarations. 3. Your driver's license or that of a household resi- dent (or any person who regularly uses a car in- sured under this policy) has been suspended or revoked during the current policy period Or within 12 months before the beginning of the current period. 4. The CorreCted vision 0fyOur better eye or that of a household resident (or any person who regularly uses a car.insured under this policy):is less than: 20/70. N or does it apply if the visual form field of you or these, persons is leas than :j 1.0 degrees: Aisc, this'agie~mei~t does not apPlY if'You or these per- sons haVereached the age of 72'and do not give us, on request; a medical report from a ceased Physician stating: 1. Th~.t your~Visibn ~r that .of.these other drivers over age 72 meets the requ rements g ven above; and 2. That, in t ' . he doctors opn~on, you Or they are.. -, , physically and mentall~competent to. ddve safelY. We will not request these medical reports more than once every three:years. But; after you: or. other drivers reach the age of 80, we can request these [eports every year;. This agreement- applies, only to cam-deSCribed in this policy. 'This agreement stops as of~the effective date of any othe~ car insurance which applies to a car. described on': the Declarations, but only for those.coverages provided by the othe[ insurance TERMINATION' . , Cancellation By Insured -- if yOUwant to Cancel this policy, notify us inwriting of the future date on which you want it cancelled o[ return your policy,to us. If a refund is due it will be based on our stand ' short rate table. The premium refumd Wilt be sent to ~_., as soon as prac- tical a~ter we receive your notice of cancellation. Cancellation By Company -- If-we want to cancel this policy and it has been in effect for less than 60 days, we will send a written notice before it is canceled. After this Dolicy has been in effect for 60 days, we will cancel it if: 1. You do not pa~y a premium or. premium installment by me date due. 2. Your driver's license is under suspension or revoca- tion dudng the policy.period. This applies to any driver living in your household or any ddver regu any using your car. 3. The policy was obtained through fraud or material misrepresentation. (This does not waive our rign~ to void the policy.) ' We Will mail.the cancallation notice to the named insured atthe last address shown on the policy. We and you agree that a proof of mailing,of this notice is sufficient proof that you were pr. oper~y notified. We wiJl keep onlythe prem urn. fpr thetir0ethe policywas n effect and we will refund any balance. Any refund due .will be sent.to you as soon as practical. Coverage ends on the date shown on the writ- ten'notice, not on'the'date you get the'premium:refund. ,onrsnew.l B~ O~Pan~ --if V~e.de~ide notto renew this policy, we'will-sendwritten-notice to'the named-in- surea: We Will send'the notice to the'lastadclress shown on the policy. We,and.youagree that the mailing of this notice, is,proof that you weFe propedy notified.' NOnmnewalBy In~ursd -- When we offe~to renew o~ continue this policy and you co not accept it; coverage will stopatthe end of the curran~ policy period: YourfaiJure To paythe renewal oremium bythe date due indicatesyour rejection,of our renewaJ.offer. Au'a3maflc Termination-- If you insure anycarco~ered by this policy with a policy issued by some other insarer, coverage on that car under this policy will stop as of. the effective date aha time of.the other insurance. Other Termination Provisions--.'We~Will comply with the taws in your state: 1. Requiring a s' ,ific notice oeriod; 2. Requinngasp~altypeofmalling reauirement: or 3. Imposing restrictions on the reasons for canceled- ~on OF nonrenewah PREMIUM PAYMENT You must pay the premium by the date cue. Failure to paythe premium bythe date shown in any premium notice sentto you will result in termination. Ifthe premiumis paid by check or other instrument, and it is not honored, it will be considered as a failure to pay the premium', Changes made.to your policy during the policy oeriod may result in oremium adiustmem. POLICY CHANGES No changes carl be madeto any part of this policy except Dy Endorsement issued by ua. The terms of this policy are automatically ch'anged to con- form to the laws of the state in which you. live. We will aummaticalJy giveyou the benefitsof any exten- sion or.broadening of. this policy. This only appliee if the cnange~r~oes not require additiona premium. ADDITIONAL OPERATORS If during the policy term aperson not listed on the policy begins to drive a car or stops driving a car shown on the Declarations you are.requ red to mmediately inform us ofthis change. The appropr~e premium adju~i, ment w be made from thedate the operator status changes dur- ing the policy, pedod. .: .., LIMIT OF COVERAGE If you or any other'person insured undbr thi~ policy is in an accident ": - ' ' .... : -: -~-: 1., In a car ~hatJs insure~i by/his poli~y --We-will not pay, mom.than theJimit of coverages for.that oar- ticular car: '2, 'In a car'that.!s-n0t insuredby this policy or while a pedestrian -- We Will not pay. more than the limit of coveragas whic~ you nave on any one of your cars. This limit of coverage applies regardless of the number of poiicies,.insureds, insUred cars, claims made, or cars ~nvotved in the accident or loss. Coverages on other cars insured .by us. cannot be added to ~- stacked on the coverage of the particular c aC invol ASSIGNMENT This policy cannot be assigned to anyone without our wdt- ten approval. But, if the named insured dies, this policy will provide the other persons insured by this policy and the legal representative of the estate (but only white acting as such) with the same coverages untilthe end ofthe policy period. Until a legal representative is appointed, anyone who hes proper custody of the car is covered as if he or she was a resident relative. BANKRUPTCY. If.an insured becomes bankrupt or insolvent during the policy term, it does not affect the AGREEMENTS BE- TWEEN .YOU AND US. ' .OUT-OF-STATE COVERAGE The limits and COverages oCthis p°iicy will chan~;e to meet the requirements of the laws while you are .in: 1. Another state; :: : : . : 2: A:territory o?1:)oSsession of the,United States; This applies ifthb laWS require non.residentsto carrY higher 'limits Or Coverages than are~rovided by this policy. But, thoSe.limits.and c0~erages:will;be; reduced to the extent thatthem is any other valid and Cdllectibleinsurance which applies to the loss: Under no circumstance will anyone receive duplicate.payments for. the same ass ~.YO URi DUTIES;,AFTER~:AN,A~:CiDENT..OR~ LOss 'General Duties ~ If any Pe~sinsured Underthis policy have a,car accident 0r' loSS; they. or s0meaneacting for them must promptlycontact.us;We Will wantto know how the accident o~!ass happened, names:and addresses of peop e nvolVed, witnesses and any injury ~'damage persons, makJng, a;clalm.under ~is POji~ rnUst.:i :1 i' Inform US~of:the ~details of the accident:or loss in 2! Cs0perate ~iil~':us'in ihvestigatingl settling, or fending any loss or suit. Cooperation ·includes attending hearings and tdals, helping in suing others who are resp' '~ible for the accident; giving evidence, ano ping us get witnesses to'attend a trial. 3. 'Immediately send ue any notices or legal papers received by them or'their legal representatives in connection with the accident or loss. 4. Be examined byour doctors for theirinjuriss as often as we reasonably require. 5. Give u~ written permission to obtain their medical and other relevant records.- · .6! Gi~b uS ~r~en pr°°f'bftheir l0ss in a-fOh-n:c0~taln. in'g any relevant information werequest. 7. Give usa statement under oath within 30 days of our request. 8; RePort a hit and run accident Or loss:to the police within 24 hours. 9. Allow us to i=~S~bt the Car if.:w~ ~quest ~: .We Will not pay for. lossas which are settled~, without our written consent. :- · If anyone v01~ntarily makes any paym~nt's', assumes any obligations or i~cursany expenses except for first aid to others at the scene ofthe accident we W I not be respon. sible for reimbursement: Trust Agreement ~ When we pay for a loss Under this policy, we are entitled to the amount wePald from the pro- the responsible party. When allowed by law, we are also entitled to related c01'lection expenses for, any:settlement ~ec0~er tt-i~:pay~e~ we. have m~te:.!We.will~s~ieot:the attorney and pay all related costsand'fees. Rights Of "'caVery' When: 'thiS:: p°licyl yourli:~igt~ts of; reco~;~ry.;f,0~i.an¢6~e;:else become, oura up;to the::amount we have pal6t: AnYone insured under this policy must: ' . 11 No~ i~effere With.~r righiS.io' recover; _ 2. Do whatever is necessary to help us recover the amount we paid. Additional Duties If Your Car Is "'~maged OrStolen -- If your, car is damaged-end it overed under Part 3, you must protect the car from further damage. We will pay any reasonable costsyou incur doing this. You may be required to show us the damaged property before its repair and give us a statement under oath. if the caris stolen, you must report it to the police and us within 24 hours after discovery of the theft. This: is not a complete and valid contract without an APPLICATION and DECLARATIONS properly filled out. Prudenflag ,Propertyandcasualty InsuranCe 'Company Secretary President, Pmd.~lal Gen.ral Ms.raa~e C~mpa~¥ ' · C Secretary President PrUdential commercial,insurance company:: : :.': ._.__._ II IF,YOU; INJURE OTHERS:: OR :DAMAGE: THEIR PROPERTY OUR OBLIGATIONS TO¥OU .(PART 1) LIABILITY(BODILY .I~JUR~ 'C0~ER~GE./pROp. ERTYDAMAGECOVERAGE)" : ' ~ If YO0 haYe th'e~e CoVerages (~ee the De~l~rations). we will pay up to our limit of liability for bodily Injury to others and propP"',t damage that'an insured is legal- Jy obligated to B, I'he bodily injury and p¢operty damage must: 1. Result from an accident involving a car insured unoer mis.par[: and 2. Be covered under this pan. INVESTIGATION, SETTLEMENT AND LEGAL DEFENSE If persons claim an ~nsured caused them bodily injury or property damage ~n the accident, we may Jn- vestiga[e, and settle or defend any claim covered unoer this par[ ~n the way that we decide is appropnate If suit'is brought on a claim covered under this par[, we will defend an insured, at our exoense, with attorneys we choose, Our obligation to defend a claim or shit enos when'we have paid the applicable limit of liability for' damages -:~ resulting from the'accident. ADDITIONAL PAYMENTS In addition to any amount in the LIMIT OF LIABILITY ~ section, we wil, pay [ne cos[s listed below: · First Aid We will reimburseanyone insured under this par~ '~ ~o~ the cost of immediate and necessary ~irst aid ~ to others at thescene of the accident involv nga :~ car insured under ~[his' Part - · .Ball Bonds' .. - ,~ . If anyone insured under this Part:is arrested as :a ~ result'of anaccident,or atraffic violation arising.out ~ ofan accident involving acar insured under-this''~ - part, wewill reimburse up to $250 for the.cost of ~ a:bail.bond. The-insured must first get the. ~ond. i~ · Release Of Attachment' Bonds If as a result of an accident an insured's properly is attached by court'order;wewill'reimburse the ~l premium of a bond .obtained to release, that at-~,,~ tachment. The amount'of the bond,we pay ~q premium for cannot be more than our. limit of ;~ liability. ' · Post Judgment Interes~ If we are obligated to Day the amount of a judg- ment, we will cay post judgment interest on that portion of the judgment that is within our limit of liability.. Our duty to pay interest enos when we pay, offer to pay or oeposit with the cour~ the amount owed unoer this oar[. · Court Costs If we provide a defense, we wJJi pay an insured's Court * Expenses We will Day reasonable costs connecteo wIth the defense of an ~nsured ~ncurreo at our request. we aSK an insureo to [aKa time off from work, we wiJJ pay up to $50 per dayfor actual net wages lost. · Appeal Bonds We Will pay the cost of'necessary aDoeal bonds if we decide to apoeal the case to a higher court. ¥OUROBL;IGATIONS TO US(PART 1) The follow~ngprovisions'~ppjy~in addition to any duties listeo in the GENERALPROV!SlONS section. ACTION AGAINST US. NO one rnsured,un~ter th'is part.may take any'legal ac- .tion against us.until all.obligations.under this DOlioy have been fulfilled. Aisc, you must.wait until the amount, of the settlement has been determined. A settlement is determined by.a'C~u rt or between us'&nd,the perssn ~naking.the clai~. No per- son is entitled to include us m anyJega[action ago net you. No one insured under this Dart may assign his rights to another ~)r involve us in a su~t as a defendanL WHAT CARS :ARE COVERED(PART 1) CARS DESCRIBEDON THE DECLARATIONS This part covers cars for which a oremium 'charge for these coverages is shown on the Declarations. REPLACEMENT CARS If you acouire ownership of a carto replace acar covered unoer th~s par[, the newly acquired car has the same coverage as.the car. You mus~ notify bs of the replacement within d0 days after you acquire the car, for coverage to contInue after 30 days. ADDITIONAL CARS If you acau~re ownershio of another car in addition to those aescribeo as covered under this parz, this part covers the new car for the firs; 30 days, The new car has the same coverage as any of your other cam insured with us. All your other cars must be insured with us for th~s Dan to cover the aodJtional car. You must let'us Know,within 30 days after, you acou~re ownership of the new car that you want i[Jnsured unoer this part, for coverage to continue, after 30 oays. SUBSTITUTE CARS If a car 2overdo under this part breaks down, is being.ser- viced or repaired, or Js stolen or destroyed, we will cover a. caryou borrow temporarily (with the owner's permis- sion) · while your.car is being repaired or replaced. This car cannot be owned by you or a household resident. .The substitute car has the same coverage as the car that IS.OUt of.service.: OTHER NON-OWNED CARS In addibor to SUBSTITUTE CARS, we will cover a non- owned ~car; The owner must give permission to use it. The non-owned..car must be used Jn the way.'lntended by the owner. This'includes a rented car for'a-period of upto 30 consecutive days. The non-owned car has the same coverage es any one of your cars:insured with. us. TRAILERS; 'CAMPER UNITS, CAPS:,OR,SlMi :,I~a,R TYPES OF COVER',: ~ We will cove~-all trailers designed ~o be.pulled by a car. We' will cover all camper units, c~tps'0r similar types of cover designed robe mounted'on a car or trailer. When a trailer, camper uni~, cap or similar ty~f CoYer'is attach. ed to a car it is consJoered to be one vehicle. There ~s'.no coverage fo; a treJter, camper unit, cap or similar type of cover While used .with a car not insuredunder this: part. Aisc, there is no Property. Damage coverage for a non- owneo trailer, camper unit, cap o; similar type of cover. WHOIS 1NS .URED ,[.PAR-"~) IN YOUR CAll (INCLUDES A t~UBSTITUTE CAR) You and a resident relative are insured while.using your car or a substitute car covered under this part. Other people are .insured.while using your. car or a substitute car covered .under this par[ if you give them I~ermis~on to use it. They must .use the car- m the way you intended. We insure a person or organization who may be held responsible for an insured's.use cfa car this pan.covers. IN A NON~O~VNEDCAR YOU and a resident relative are insured while using a non-owned car. The owner must give DelTnlsslon rouse it. It must be used in the way intended by.the owner. LOSSES WE.WILL NOT PA,Y..FOB:(PART: 1) CARs OWNED BY' HOUSEHOLDRESIDENTS we,~ili'not pay for bodlly.injuryor prOperty, damage caused by anyone using a car not insured urcler.this part, owned oy you or a household resident. REGULARLY USED ~,NON.OW. NED.,.CARS We. will not pay for bodily injury or prOperty.damage caused b~..you .or. a. household resident.u~ng a non- ownedcar not, insurei3~nder, this p~:~ i~egu!ady used by you..or, a. household re~ident. CARS FOR~HIRE," ~ ' We will not, pay:; for- bodily~inju~:or~prOperty=,damage causeo by anyone using Ecar. covered~,under.thJs,part to carry, people or prope~.fora fee 'Thisdoes not include a car pool,, Bu~ you;and a reeident.'relative are covered if~:eJther: ofyou,caus~ an accident While,a p.as~_enger in a .nor~owned,,car, for~ h re. ~' CING' , ...: .._ *we'will'not:-bay~ for bodily Injury or ~roperty.damage cause~l' by anyone using a car coveredunder this pan · if the'car was*being used in any'organized racing, sDeed, demolition or stunting contest or related activity. BUSINESS AND RESIDENCE We will not.pay for bodily injury or property damage arising out of the use of a car, trailer, camper unit. cad or similar type over, being used, or located for use ' as a place of L,-.~ness or asa place of residence. HOUSEHOED RESIDENTS We will not pay for bodily injury to you or a household~ resident if caused by you or a household resident. We will not defend you or 'a household resident in-: any su~s Drought against each other directly or indirectly .: by a third party. YOUR EMPLOYEES' We will not pay for bodily'injury ~o an emoloyee of i yours while in the course of emoloyment. But,bodily ,! injury [o a oomest~c employee ~s covered under th~s ' par[ if such employee is not.covered ano ooes no[ nave, to be_covered unoer any worker's compensation law. disabil~y law or similar ~aw. FELLOW EMPLOYEE Wa wilJ not Day for bodily injury caused by an insured (other than you) to a fellow emDtoyee while the insured ' is using a car in his or her employer's business. AUTO BUSINESS - .We wiJl no[ pay for bodily injury or property damage caused by anyone using ~.non-,ownedcar in .any kind ? of auto business. Examoles of auto business are: sell- ~ !ng, reoaJnng, servicing, storing or parking care or other vehicles. But you,. a reeident.relative and a business associa[e are insured wiiile using '.:any. of*.your..care.i covered under this Dar[. BUSINESS OR JOB :We.wilt: not cay'for bodily injury or prOperly damage cau~ac by anyone (other than 'you' or"'a residant relative) using a.non-owned car-in any. business oriob. WAR We wih not pay for bodiJy injury or prOperty damage causeo by .'any act of.~var, warlike .ac[. ~nsurractlon, rebellion or revolution. Also, we will not pay for a loss causeo by discharge of any nuctear weapon, even if acciden[aJ. NUCLEAR LIABILITY We will no[ Day for bodily injury, or property damage ~ caused by anyone WhO: ? 1. Is an insured un o.er a nu~ear enr liability policy; or 2. Would be an insurea under a nuclear energYliability oolicy'but for the exhau~on of its limit of liaPilby. CRIMINAL ACTS Wewill not Day for bodily injury or property damage caused by anyone while attempting [o commit a cnme or to avoid arras[. INTENTIONAL INJURY OR DAMAGE We will not pay for bodily injury or property damage which results from an act: 1. That is intended by an ~nsured to cause norm: or 2. That .an insured could reasonably exoect would cause harm: This exclusion applies .whether or not an insured inteno- ed or expected the resuks of their act, so long as the resulting ~njury or damage was a natural consequence of the act. · ', :- PUNITIVE DAMAGE ' We will-not pay for 'damages assessed as' ounitive, ex- emplary,or vindictive against an ,insured. YOUR PROPERTY we. Will not pay for any damage to pro~erty owned or be- ~ in~ transported by amJnsured oerson. We will not pay'for damage to property under the care of or rented to you or a household reaident. But.we:will pb, y for damage To a residence or garage rented to yeu or a resident HOWWE WILL SETTLE Ai CLAIM(PAR T 1) I~IMIT OF LIABILITY --'B~DILY INJURy= EACH .PERSON 7~he.limit-stateo.under BODILY INJURY LIABILItY-- EACH. PERSON on the,Declarations is the limit of our liability for all damages, including damages for care or loss of services, arising out of bodllyihjury to one person as a.,'result of any one accictent. LIMIT OF LIABILITY -- BODILY 'INJURY: ' EACH ACCIDENT The limit s[a[ed under BODILY INJURY -- EACH ACCIDENT on the Declarations is the limb of our liability for all damages, inclu damages for care or Io~s of ser~cas, arising ouz cf ~odily injury as a result of any one accident. LIMIT OF LIABILITY -- DAMAGE TO PROPERTY The limit sta[eo unoer PROPERTY DAMAGE LIABIL. ITY -- EACH ACCIDENT on the Declarations ~s the limit of our liability for ail property oamageo including loss of use n any one accident, OTHER INSURANCE -- YOUR CAR If there is other ~nsurance which coVers a loss under this cart. we will pay our. snare af the Joss. Our. snare ~s the pro[~ortlon our limit bears to the total of ail applicable limbs, But we will not pay for a loss caused by anyone using a newly acquired (additional 3r replacement) car if you have another insurance POlicy that covers it; OTHER INSURANCE -- NON-OWNED CAR (INCLUDES A SUBSTITUTE CAR) In the case of a non-owned car covered unoer this part, we wJJJ' pay only those 'damages'that are excess over amounm payable under any omar insurance up to our limit of liability. FINANCIAL RESPONSIBILITY LAWS If we cerdfy this policy as proof of future financial respon. sibility m keepings=with the laws of. your state, the coverage provided.under this oa~t will comply withal requirements of-your: state,s law. PART2 MEDICAL PAYMENTS"- ' ' ' IF YOU ARE INJURED. IN A ,CARACClDENT. OUROBLIGATIONS TO'YOU (PART 2) MEDICAL: PAYMENTSCOVERAGE If you have this coverage (seethe Declarations), wewi~ pay uD to our limit of liability for an insured's reasonable exoenses for necessary medical and funeral serwces which resuit from a car accident covered under this Dart, We will pay only those expenses incurred within three years from the accident. YOUR OBLIGATIONS TO I '~ (PART 2) The following provisions apply in au,~[ion to any duties listed in the GENERAL PROVISIONS section. ACTION AGAINST US No one insured u rider this Dar[ may take any legal ac- t;on against us until 30 aays after notice of loss nas Peen g~ven to us an(~ all obligations unoer tills policy nave been fulfilled. WHAT CARS;ARE COVERED (PART 2) CARS DESCRIBED'ON THE DECLARATIONS This cart covers oars for which a oremium charge for this coverage is shown on the Declarations. REPLACEMENT, CARS If you acou~re ownership of a car to reolace a car covered under this part;the newlyacouired 'CaT,has the same coverage as the.old ca£, You~must notify us of the replacement within 30 oays after you.accluire the.car, for coverage to continue after 30 days. ADDITIONAL CARS rf you acquire ownersh P of another-car in addition to ti~ose .describe~ as covered under this part, this Dart covers the new car for the first 30 days:-The new car has thesame coverage:as a'~iy of your.'other cars'~nsureO with us. All your other cars must 'be.insured with' ue for this part to cover the additional car, You must let us know Within 30 days'salts? you acqui[e ownership of the new car thru you want it insured under this Dan for coverage to continue aftec30'days. SUBSTITUTE CARS '-" :. ' ~ ' ' ': If a car covered;under-this Dart'breaks down, is being se~viced:or,'repaired..;oF, is:stolen,or,:destroyeo, we will cover a car.you I~orrow.temporarily:,(with:the owner's permiss~on).while your car is being repaired or replac- so. This car cannot be owned' by you or a household resident, The substitute car nas the same coverage as the car that ~s ou~ of service. 10 OTHER NON-OWl"CD CARS In addition to SUBS.. LITE CARS, we v~ill cover ~ non- owned car. The owner muss give Dermlss;on to use it. The non-owned car must be used in the way intended bythe owner. This inctuoes a ren~er~ car for a period of uDto 30 consecutive cays. The non-owned car has the same coverage as any one of your. cam insured'with us. TRAILERS, CAMPER UNITS, CAPS .OR SIMILAR TYPES OF COVER We will cover all trailem designed to be ;~ulled by a car. We will cover all camper units, caps or similar types of cover designeo to Be mounted on a car or trailer. When a trailer, camper unit. cap. or similar type of cover ~s attached to a.car, it is considerec to be one vehicle. There ~s no coverage for a trailer, camoer unit. cao or similar type of cover while used with a car not insured unaer tiqis part. WHO IS INSURED (PART 2) IN YOUR CAR (INCLUDES A SUBSTITUTE CAR.) You and a resident relative are insured.while u~ng your car or a substitute car covered.under this part, Other people are insured while using' your'car or,'a sub, stitute car, covered under this part if you give them permission to use it. They must usethe ca[ nthe wayyou 'ii intended :.' IN A'NON-OWNED CAR -" ou anda resident r~lative are ~nsured while u~ng a non-owned car. The owner must give permission to it. It~mus~ De us?d in the way. intendsd by the owner. Other poodle are insured whiie u~ng a non-owned car. But, they are insured in this car only if the accident r~§ults from the actions of you or a resident relative as a driver or Dassenger. This includes actions of your private ddver ;wno ~s operating the car for you. HIT BY A MOTORVEHICLE You an~ a resident relative are insured if~hit by a motor vehicle while a pedestrian. LOSSES WE',WILL ~OT P" ' FOR (PART2) CARS OWNF_..~ BY HOUSEHOLD RESIDENTS We will not Day -for bodily Injury to anyone using a car not insured under this part, owneo by you or a household resident. REGULARLY USED NON-OWNED CARS We will not pay for bodily injury[o, you or a houeehold resident using a non-owned car not insured under th~s part, regularly used by you or a household resident. CARS FOR HIRE We will not pay for bodily Injury. to anyone using a car covereo under this part to carry people or property for a fee.. This does not include a car pool But you and a re, si. dent relative are covered if injured in an acc~oent while a passenger ~na non-ownedcar being used to carry people or property for a fee. RACING We will not pay for bodily Injury to anyone using a Car covered under this part if the car was being used in any organized racing, speed; demol/tion or s~unting contest or re~ated'activity.- BUSINESS AND RESIDENCE We will not pay for:-bodll~; injury to anyone ans~ng out of theuse ofeCar;~t~aJler~ camr~e~:unJt,~cap or similar type of,cover/being used .or located.for use as a place of b~sineSs. 0~ 'aa.a~pJace~ WORKER'S COMPENSATION CFi SIMILAR LAWS We will nm pay for.bodily injury tQ~nyone when pay- ment under this part duplicates benefits recovered under any worker's comoansation raw, disability law, or any similar law. · AUTO BUSINESS We Will n~)'t pay fo~ b~dilY injury to anyone ~sing a non. owned Car'm any kited of auto ousinees. ExampJas of auto business are: selling repairing, servicing, storing or oarK- mg cars or other veniclas. Bu~ you, a residentrelative and a business assocIate are insure~ while using any of your cars covered under this part. BUSINESS OR ,' We will not pay for bodily injury .to anyone (other than you or a resident relative) using.anon.owned car any business or .lob. WAR We will not cay for bodily injury caused, by any act of war. warlike act, insurrection, reballion or revo~L~on. Also. we will not pay for a ,oss caused by discharge of any nuclear weapon, even if accioental, NUCLEAR CONTAMINATION We will not pay for bodily injury from or as a conse- Quence of the f0JJowing, whether controlled or uncontrol,- ed or however caused: 1 Nuclear re~,ction; 2_ Nuclear radiation; or 3. Radioactive contamination. CRIMINAL ACTS We.will not :~y for ~ny bodily injUry t~'anyone while at- tempting to commlt'a cnme o~ [o avoid arrest. INTENTIONAL -INJURY: ' :.-" '' We will no~ pay for bodily injury!which r~sUlts'f~m an ac[: ~- '1: ~at~,isJdt~nded~by:an'insbred. . . 2.'. That. ar~"insu~ed could reasonably~ expe~t cause'harm. This exclusion app es whether or not an insured intend- ea or expected the results of their act, so long as the resulting injury or damage was a natural consequence of the act, - - :_ HOW WE WILL SE~LE A CLAIM (R/iRT 2) The-limit sra~ed under MEDICAL PAYMENTS'~ EACH PERSON on the DeClarations is the limit of our liability for all damages arising out Of.'bodily,injury to one person as a rasu~t of any one accident. 11 TO WHOM PAYNENTS ARE MAP'=- We can make thes~ oayme~ts eith~, ..~ the iniured per- son. ms or i~er. legal representatives or. he~rs, or to those nroviding the services. By making these payments, we are not aomitting that any person is responsible for the aooJoent. OTHER'INSURANCE -- YOUR CAR If there ;s other car medica~ payments insurance.which covers a loss under this cern, we will pay our snare of the loss. Our snare istbe Droportion our limit bearsto the total of all applicable limits. OTHER INSURANCE -- NoN-OWNED CARS (INCLUDES A SUBSTITUTE CAR) In the ~qse of a non-owned car covereo under this par[, we wiJJ pay only those medical expenses that are excess over amounts payable under any other, car medical payments insurance up to our limi~ of.liability. - PAR.T. 3 COLLISION ' AND COMPREHENSIVE. -- IF YOURCAR IS'DAMAGED OR STOLEN OUR'!OBEIGA;IONS.,TO YOU, (PART.3)? COLLISION COVERAGE I you have th;s coverage (see the'Ded ~ration~)', we will pay for acc d~ntai damag'~'t0.~0ur, n§u~d' car Er trailer, including its e0uioment,'ifitC011ides ~ anothe~ object or if it rolls. Dyer. · 'COMPREHENSIVE COVERAGE- If you'have this coverage (see the-E)eclaratJbns), we'will pay for any.direct and accJde~al loss'of or damage to your'insured cai; Or trailer, inclLidi~g its equ ~ment, ~,aus- ed by anything other than collision except as shown under LOSSES' WE WIEL 'NOT'PAy FOR (PART 3). Ex- ambles of comprehensive coverage losses are: glass breakage (even ifthe glass is broken in a collision), theft, fire, flood, hail earthquake, vandalism ano collision with a bird or anim~ 12 If the car ~s stolen, ""e will reimburse 'you far your [ransDortation cos;s, * ' ' ,he car ~s back ~n use or until we offer [o pay for me loss. Transpor[at~on costs will be coverea beginning 48'hours at[er me theft has been reeorted to the [~olioe and to us. We-will pay up to $15 a day for these transoortation costs up [oa ~o~ai of $450. TOWING AND LABOR COVERAGE Jf you have this coverage (see the Dec;arations), we.will pay for towing charges and the cost of labor none.at the scene cfa breakaown. The limit for this coverage ~s ShOWn on the Dectara~ons. RENTAL CAR COVERAGE If you have this coverage (seethe Declarations), we will re~mourse you for the cost of renting a car if a car you ow;' rs ou[ of Jse for more than 24 hours because of:a Collision or ComorehensiveJoss. Bmthis coverage does no[ apply when a car is stolen and Comprehensive Coverage applies. We will only pay for actual rental costs for the time ii would normally take to repair or reDlaoe the damaged car up to $15 a day and's450 per accident.. .. You must promptly notify us of the amount-you spent for rental c~f the car in the'manner and time we reasonably request. ' · :'-.' · - "~: The following provisions' apply in a~Jdition 'to any.duties listed ~n the GENERAL PROVISIONS Section, ACTION AGAINST; US ' :" ..... '~ '~' '~F' Noone insured udder this part'maytake any legal'actiVin 'against'us until 30 oays after they nave given us, notice been°f'l°SSfulfll~ed.and only' if'ail obligations under'this policy have. WHAT CARS ARE COVERED(PART 3) CARS DESCRIBED ONTHE DECLARATIONS - This part covers cars for which a premium charge for these coverages Js shown on the Declarations. REPI.;ACEMENT CARS If you acouire own(BrshiD of a car to replace a car'covered under this Dar[, me newly acauired car nas the same coverage as the old car. You must nofify us of the re[~lacement within 30 days after you acquire the car, for coverage to contir~ue after 30 days. ADDITIONAL CARS If you acouire ownershio of another car in addition to those described as covered under this par[, this par[ covers the new car for the first 30 days. The new car nas the same coverage as any of your other cam ~nsurea with us;.A your other cars must.be=~nsured with us for.this Dart to cover the additional car, You must lotus know within 30 days after you acquire ownership of the neTM car that you want it insured under tn~s Dart for'coverage to continue after 30 r~ays. SUBSTITUTE CARS , If a car covered under this part breaks down, is being ser- viced or repaired, or is stolen or destroyed, we will cover a.car you borrow temoorarily (with the owner's permis- sion) While your car'is being 'repaired or repJaced., ri'his car cannot be owned by you or a household resident. The substitute car has the same coverage as the car that is o~':Offse[vice. .. ' - . ~ OTHER NON;OWNED OARS . ,~ ::. In addition to S .UBST!TU'rE CAR~, .we.will. cover a non- owned car. The owner must give permission to use it. Th~in°n-oWnbd;car'muSt be usecl' ih'the'way intended by the owner. This includes a r~r~e~l car for aperiod of up to 30 consec.!.~tive days..The.non-owned car has.the same coverage as any one of. your cam insured with us, LOSSES WE WIEL NOT PAY FOR (PART 3) CARS OWNED BY' HOUSEHOLD 'RESIDENTS We will not pay for damage to or loss of a car not insured und_er tn;s part, owned by you or a household resident. REGULARLY USED NON,OWNED CARS. We'will-not-pay.fordamage toor loss oia non-owned car not insured under this par[, regularly used by you or a household resident. - CARS FOR HIRE We will not pay for damage to or loss of a car used to carry people or proper~y for a fee. Th~s odes not ncluae a car Pool. CAMPER UNITS, CAPS OR SIMIEAR TYPES OF COVER We will not pay for damage to or loss of a camber unit, cad or similar type of cover, including its edu~pment and accsssor~es, unless the ownership or use of the camper unit, cad or similar type of cover has been reported to us and the required premium nas been oaid. A camper unit. cad or similar type of cover is designed to De mounteo on a car:or trailer. TRAILERS We will not pay for damage to or loss oia trailer, unless the ownership or use of the trailer has been reported to us ant the required premium has'been paid. A trailer is designed to be pulled by. a car. CUSTOMIZED YEHICLES We will not pay for .damage to or loss of any customized features un,ess t~e'vaiue of the customization has been reoorted to us and it is included in the premium Which has been. oaid for this coverage. Customized features include any: furnishings, carpeting,, custom instailed~haig~ eXten- ding ,roofs,.:_custom paint, .custom :painted windows, custom inures, graphics or other custom applied designs or e~u~pment. This includes items ~nstaJled at the time of the vehicle's manufacture or. after.' We. will.not Day for damage to oF. dSS of a car covered under this part if the car was being used in any organ- izeo racing speed, demolition or stun~ng contest or related activity. ' ' BUSINESS. AND RESIDENCE We will no~ pay for damage to Or loss of a car,-trailer, camper unit, cad.or similar type of cover,, b~ng used or located for use as a place of business or as a place of residence. 13 AUTO BUSINESS. We.will not pay for damage to a car. or trailer you do not own if you are using it in any kind of auto business. Ex- amples of auto busi ness are: selling, repairing, servicing, storing or parking cars or other vehicles. WAR We will nct pay for damage caused by any act of war, warlike act, insu rrection,.rebetlion or revolution. Also, we will not pay for a loss caused by discharge of any nuclear weapon; even if accidental. NUCLEAR CONTAMINATI°N We will not pay for damage from or as a consequence of the following, vchether controlled or uncontrolled or however caused: 1. Nuclear reaCtion; ' 2. Nuclear radiation; or . 3. Radioactive contamination. ' CRIMINAL ACTS: ' We will n0t~ pay for: damage'caused 'by anyone while attempting to 'commit'a cdme or to avoid arrest. Wew not: pay for damaga.which results from an act: ~ 1. That is intended by an insured tO:cause harm; or i .2.-Tha~ an;'ihsured'.~oU!d reas0~ap, ly eX~ect Would I: ' · Ca~seharm. ::::; . ::: .. : ii This exc us on applies whether or not an insured intend- ¢ ed or expected the results of their act, so tong as'the resulting injury or damage was a.naturai consequence of,: the'act. :.' ' ': .' ::.:'- Pi SOUND (RECEIVING, RECORDING, REPRODUCING Yi OR TRANSMITTING) EQUIPMENT e~ We will not pay for IosSto' §~' e~L~iP~e'nt ~l~i~tfi'i:S noi: ar permanently installed: Equipment must be installed in the br dash orconsole opening specified by the manufacturer fir( of the c~r, trailer, camper unit, cap or simila~.type of cover for such equipment to be considered permanently al instailed. 12 14¸ Loss to ~aoes, records, ther devices for use with eouip- ment designed for the reoroauction of sound will not be 6overea. WEAR AND TEAR We will no[ Day for damage which is due an(; confined to wear and tear. freezing, or mechanical or electrical · Breakdown or failure. This does not apply to damage if your car is s[o~en. TIRES We' will not pay for loss to tires unless the loss is caused by fire. vandalism, malicious mischief, theft, or unless the ~oss ~s caused by an accident covered under this Dart. ADDITIONAL LIVING FACILITY EQUIPMENT We will not Day for damage to or loss of radio:or '~ antennas, awnings, cabanas or any ec!uipment cosigned to create extra living area while the vehicle is set' uo for living off the highway. PERSONAL PROPERTY We wi 1. not ~ay for damage to or loss of personal proper- ty .in .acar. . : HOW WE WILL SETTLE A CLAIM (PART, 3)! LIMIT .OF LIABILITY Our~limit of'liability*will,b~ the feast of the: ~. Actual cash value ofthe damagedor stolen proper- ty at the time of the loss; 2. Amobntnecessary to repair or replace the Pr°porty with other of like kind ano quality; or 3; Amount. stated on me Declarations. A theft .loss= to oermanently installed sound (receivingl; recording, reproducing or transmitting) equipment ii covered up to $1,000: · ' Loss to a non-owned trailer when pulled by a car covereo up'to $500. We will only Day the part of a Ioss~ Caused by damage to or'theft of a non-owned trailer th~ is excess over the amount payable Under any other i~ surance wh ch covers the loss. ' Our payment will be'reduced by a~- plicable deduct- ibie shown on the clarations. But, z~ ~e Comprehensive deductible will not apply to breakage of front Windshield glass when GLASS COVERAGE is printed on the Declarations under the deductible amount for that car, !fyouare in a collision with any other vehicle or trailer we Insure (under another policy), the deductible does not apply.' But if two or more vehicles owned by you and in. sured by us collide, the deductible applies separately to each vemcle. TRAILER, CAMPER UNIT, CAP OR, SIMILAR TYPE OF COVER DEDUCTIBLES A car with a trailer attached to r~ is cons~aered to De two separate vehicles and separate deductibles apply, A car wen a camper unit, cap or similar ~ype of cover mounted on it is considerea to be ~ne car ar~o only the deductible on the car applies. If the camper unit, cap or similar tyoe of cover is unmoumea, separate deductibles apply to the car and the camper unit, cap or s/tailor type of cover. CLAIM. SETTLEMENT We may pay for the loss, or repair or replace the dam- ogee or stolen property with matedal ~f Nike kind and quail- ry. If the Stolen propemZ ~s recovered beforewe have oaid you for itor replaced'~ we can re~urn it to you, along with payment-for any damage .resu/ting from the theft. If we cay for any property or pay for its replacement, we may keep it; But:you.cannot require us to assume.ownershio of oamaged property We may settle the c~alm either with you or with the owner of the property. APPRAISAL If there ~s disagreement over me amount of~he less, either of us may oemand an appraisal within 60 days after you give us written proof of your loss. In tha~ case, each of us will salec~ a qualified appraiser, The two appraisers will select.an umpire. Each appraiser wil~ then state Doth the actua~ cash value and the amount of the loss. If they disagree, they will submit their differences to theurr, pire, A decision in writing of any two of theee three persons will determine the amount of the ~oss. Each of us will pay our own appraiser. We will share eauaily the other costs ~f the appraisal and of'the umpire. OTHER INSURAN - YOUR CAR OR TR/JJLER If there is other insurance which covers damage to or theft of a car or trailer covered under this part, we will payour share of the loss. Our share is the proportion our limit bears to the total of all applicable,Jim ts. OTHER INSURANCE -- NON-OWNED CAR OR 'TRAILER ('INCLUDES A SUBSTITUTE CAR) In the case of a non-owned car or trailer covereo under this Dart, we wil~ pay only that Dart of a loss causec Dy carnage to or theft of the car or trailer that is excess over amounts payable under any other insurance up to our limit of liability. LOSS PAYEE CLAUSE Payment for toss of or damage to a car covered under this part wiJJ be made to the Demon or organ~7~_fion shown in the Declarations as the loss payee, This payment will be mace. UD to the amount of the loss, to the extent that the loss payee has a financial ~nterest in the car. This insurance, covering the interest of any.loss :~ayee, will not be.invalidated' because of the insured!s conver- sion. embezzlement or secretion of the car. But, .we reserve the dght to cancel or nonrenewthe policy.as per- mitred Dy its terms/The termination notice wJJJ eno this agree'ment with all loss Payees. Advance not/ce of ter- mination wJlJ De san~ to the loss payee atthe time it is sent to the named insurec. If the ~nsured fails to orovide us with a proof of loss a reasonablet/me period; the loss payee shall do so within 60 days of notice by us.' Further, the loss payee'shall be subject to all provisions of the Policy relating to appraisals, time of payment, payment of premium'and of bringing suit. When we say the loss cayee, we acoui~'e the loss'payee's subrogation rights. When we make any payment under this policy, we can make separate Payments to eacn party at interest, provided we protect the ownership interest of all parties. 15 aid Properly end ~ Insurance t'~ompa~ llad General Imm Oma'4~ny dal Cornmerc~l Inlurimce Company ~te Office ,rham Avenue, South Plainfield, NJ 07080 /PA Ed. 7194 ThePrudentiai ~, ' · ,Car · /, r--". Parts 456 '7 THIS BOOKLET,CONTAINS MOSTOF THE;: ENDORSEMENTSAYAILABLE IN PENN. SYLVANIA. YOU ~ONEY" HAVE COVERAGE FOR THE ENDORSEMENTS LISTED,~,ON YOUR,= '~' .~. DECLARATIONS PAGE BY PAC NUMBER. SEE LIST BELOW~FOR LOCATION ~WITHIN THIS 'TASL; Or CONTENTS. ~ ~ Pag pART 4 U, iNSU,ED MoToRIsTS, WHO IS INSURED - 3 LOSSES .WE Will .SE'r'rl.~ ACLAiM . , 3 HOW WE WILL SI=-FT!.~ ^ CLAIM ~. " 4 (PAC 5) ' ' OUROSUGATIONSTO'¥oU ,-,' ,~.:,. · YOUR 'ORLIG,'¥1'IONS TO ItS WHAT CARS'ARE'COVERED ~ ' WHO IS INSURED',' :~.: ~ ' 8 LOSSES WE WILL NOT PAY FOR.'~ 8 HOW WE WILL SETTLE 'A~CI_~I M t-, '. ,'~ 9, pART ~:E'iRsT P~RTY BENES=~ -: PART 7 ADDED FIRST PART~ BENEFF~S (PAC 7) Pm(lentlal propertyand C,a~ualty Ineurance Company Prudential General In"urance Company Prudential Commercial Insurance Company Suni=ares of The Pruclentia~ Insurance COml3any of America · Corporate Office : :' ' 1111 Durham Avenue~ South Plainfield, NJ"07080 , QTHER NON-OWNED CARS In 'addition to substitute* cars, we Will.cover a non- owned,car. The owner, must give oermission to use it. The non-ownKI car must be used in the way intended Dy the owner. This includes a rented car:-for, a panda of up to 30 consecutive days, This non-owned car has the same coverage as any one of your cars insured with us. WHO IS INSURED (PART4) IN YOUR CAR (INCLUDES A SUBSTITUTE CAR) You.and a.resident relative.are:insured,while using your car..or a.substitu~e car covered under, this parz. Other, peo¢ie.are:'ihsuCbd While' using your car or a substitute car covered under this parHf'yougive them -. permiss on.to use, it; They;.mus~.use the-car in the way you inter~ded::: ~ ~-.. ,.:: IN'~A~NON:OWNEDC~R! ,:.~ ': You an~ a resident,relative'aide insured while using a non-owned car. The owner must give permission to uselt: 'lt'mbst be'b§ed in thie,way;i~ended by.the owner. HIT BY AMOTOR VEHICLE You and a resident relative are InsL~i~*'~l iihJt by an uninsured motor vehicle while a p~destrian.: LOSSES WE WILL NOT PAY j~OR*(pAR.'I'- 4) 'UOSSES::DENIEB;. EXCL'UDED' OR';E')(HAUSTED a Car insured 'bn~ this CUIJC~ is' ~J:nsSred because coyerage :S '~bnieS~,~ e~leded-'o~':.exhau~ed under anothe~ pan ofthis'pOiJcy "~ ....... ' OTHER.HOUSEHOLD,VEHiCLES . ,We r~l~ gm. pay,:: for .~1~.. inju~ to. anyone. occupying or ~ck by~ a m~or ,vehicle.owned :or~ le~ed by you or a h~hold ~ident ~ich s REGULA'RLY ED. NON-OWflED MOTOR VEHICLES'. We will not pay for bodilY injUry to You or a household resident using a non-owned motor vehicle not in- sured under this part, regularly, used *by you or 'a household .resident.,. ~, CARS:FOR.HIRE :.. ~,...~ we Will not pay for b0dilY:injui;y.to any"one using a car covered under this part to.car~y people or propert7 for a.fee, This, does not inclUde.a car' pool.' But you:or a : reeident,relativeare c'overed if:injured in an accident while a passenger in a non-owned car being usedto carry people or property for a fee~. LAND VEHICLES We Will:not,.pay for bodily injury..to;-anyone,hit, by the following land vehicles~ ~ :. 1. Motor vehicles owned or operated by~ self- ~: insurers under apE~nanc a ~respons b ity aw or similar aw · ': 2: Motor vehiClee~wned or operated by agoverh. ment agency.in.the United Statesof. America or in Canada; '; ~; ~', ;'~ _3,. land,yah cles operated on craw erttreads or raj s ~: ~: MotoPvehiclesOr-equipment,designed:for use mainly off public roads,~(unless~.the :accident happens on a public road);: : We will not pay for bodily Injury to anyOne, us ng a car covered under this Part if the car was being used in anY organized racing, speed, demolitionOr stUntihg~6nte~t 'or'related.:acti~itY:":;;~~: ~:~ ;.':,.: 'i BUS1NESS-ANDRESiDENCE" ;.' ~':,:.:, ~ :7:¥ We w not pay for bodily.injury tO anYbne aris n'g 0bt : of the use of amotOr vehicle;~railar 'cam per u nit, cap or similar type of cover, being used or located for'use as a:place0[.bus nes~ or. as a place.of residence. · .WORKER,S COMPENSATION OR SIMILAR LAWS We will not pay for bodily Injury to anyone. When pay- ment under this part duplicates benefits payable under any worked s'co rr~ensatien,..di,. ,ty, or similar laws. Aisc, this coverage shall not apply directly, or indirectly to benefit any ~nsurer or self~insurer, under any worker!s compensat.on,, ~ sab lity or similar laws, AUTOBUSINESS We will not pay for bodily injuryc~dsed by anyone us- ing a motor vehicle in any automobile business:(such as selling repairing..ser~c~ng, stor rigor parking cars) But '~OUr! a,reeident re.lative, or-~any business associates(for whose use:off'the car you:may be helC -legally'mspon~ib e) areinsured while using any of your cars coverad~;u, nde~ this.part. -. - BUSINESS OR. JOB; .... *'"' -" We will not pay for bodily Injury to a'ny0n~ (~th'~r than you or.a.fe~ident~relatiye) using,a non-owned:motor vehicle in any business or job: ..... 'Wewill~not~l~-for bbdlly,litju~¥ caused"b~/-any act of war, warlike act, insurrection, rebellion or~rev(~lution~ Aisc,. we w I..not pay-for,, s. toss caused ;by discharge, of any'nuclear::weal3On, even if.accidentaL NUCLEAR CONTAMINATION · W~~ Will~not'~pa~f0P bO~llly-inj[Ji;y, from o'r,as a-conse- quence,of~the;.fc~llowing, whether cc~3troi ed,o~.~Jncon- · 'trolled,or.ho.waver caused: ~ :; ..:. 1. Nuclear reaction:? : -: "~. '~: :':? - 2. Nuclear radiation; or We will not pay for bodily injury to,anyone~whle attempting zo commiLa...~i., 'me.or:.to avaid.a~rest,. INTENTIONAL INJU~. ..... :..}Ne will no"Day.fo r;bodily.*inJury which results from an ac:~::. .:,:,,:~ ~.?;-,.,., :,, · ::. - . . .:.f ..-'· 1':'That iSinYended'by.an'insured'to cau.~e harm; or · "'":2; atari: nsured could'TeasOnably expect WOLf d ';cause.harm. :: ;.,~: .~, ,,.?:.:,,,, 4 This exclusion aL s'whetherornotan insure"d intend- ed or expected the resuits.,of their act. so long.as the resulting injury or. damage,wasanatura~ consequence of.the PUNITIVE DAMAGE We will no~ pay'for oamages assesseo as punitive, exemplary or vindictive, HOW WE WILL SETTLE A CLAIM (pART 4) LIMIT OF COVERAGE . - .... ,- . ~.... If you or a resident relative msureo under this part is T. In a.car'th.at~is insured'bythis'oart'--.we~will;n0t ;~ay*m0re.than'the4imit. cf coverage'for'this'part shown,on, the.Declarations applicabletothat Dar- 2. In a carthat,isnot4nsured by ttcits Pa-rt-or Wtiilb a pedestrian -- we will not pay more'than'the'lih~it of coverage for this Dart,showi3.on,,the--,Decla~a. tigris applicable to any one.~r ns, ured under th s :f: s limit of coverage:app es raga_rd ess pi, the number of: - 1. Insureos, 3. Claims made or; :4: 'V&~id~s: ~nvd~/ed iri the ~Gciderit Or 15.4~': ........ ".l!any,oth~p. er-son nsured u.n~e(tb..s:pa(~' s~.p~an?acc - gent'in a car that is insured bythis:pa~,.we;will nmrpay more than the limit of coverages f0.i'~ ~.t particular ~ar. ' Th'i.~ limit bi-ocr)er&ge a'p~iies ~{~J~dies~ ~)fthe nU¢~t~r vO¢ polibies, insu, reds, ir{sured cars, claims ma~J'e; ~)r ehicles i d~01ved in the'J4ecident 0~ Io~'S. Cove,;ages ~)n other cars insured by us cann~i be added {o or ed on the coveragb .0f'th~ IJart (~atarCcar~'ir~9ei'~ed But;' noinsured is entitled t(Trecei(/e duplioate Dayrr;bnts forthe same elements ofqoss.:' .' :,'.-: ~'' '- ' ..- STA¢KINO OF'UNINSURED MOTORISTS COVERAGE LIMITS ' .... ""; :' If you have selected this option (the Declarations will dicstes~acldng applies) then stacking of coverage under this part applies to~ou and'a reeiQ .... relative insured under this part. This means' that you or- a resident relative can add or stack the Uninsured Motorists Coverage limits of other cars insured for this:coverage ny us upon the Uninsured Mo[orists Coverage limits of the =ar involved in the accident or ~oss. The LIMIT OF COVERAGE in the General ,Provisions and section titled LIMIT OF COVERAGE Under "How We Will Settle A Claim" unaer Par[ 4 do nm apply. NON;STA'CKING OF UNINSURED MOTORISTS COVERAGE'LIMITS If you ha~)e selected thi§ option (the Declarations will in- dica~e non-stacking applies) then the Limit of Coverage under this policy's General Provisions and the Limit of Liability under.PRatt 4; "How We Will Settle A Claim" apply to youancLany, other person insured unoer this part This means that ifyou or any other person Insured unaer this policy,~!s in:an acc dent: 1) In a car that is insured bythis policy-- We will not pay.~more..'than the mit of.liapility for. the :~artJcular car involved, i.n the?acc dent:-: ..... :r.': '~':2) In a car_that, s~ot owned bY.~,you or a.reeident - relative:or, while a-pedestr, ian -- You are entitlea - ,to the.,:highest.!i~it of--Uninsured Motorists Coverage .available on any one car as to which . you,are a named insured or an insured resident relative: If you chods~'~e coverage availab e to . ,You as an insured under.this POlic~ part then we .will Pay', ~b~e damages that are excess over a~oL~r~tS PaYable on'ne car you Occupy, at the time of the accident. If you choose the coverage "~ "availabl~"~o~.you as. an insurec under another .... policy, then wewill not pay for damages under this policy 'part: This limit of.coverage applies regardless.ct the number 'of policies, insureds, insured:care, claims-made, or cam !nvolved in'the accident or loss. Coverages on other cam insured byus. cannot be.addect to or stacked on the coverage of the particu ar car involveo. LIMIT OF LIABIL._ ,--BODILY INJURY: EACH ERSON The limit stated under UNINSURED. MOTORISTS-- EACH PERSON on the Declarations is the limit of our liability for all damages, including damages for care or loss of services, arising out of bodily injury to one person as a result of any one accident. LIMIT OF LIABILITY--BODILY INJURY: EACH ACCIDENT .': ·: ~' : The limit stated under UNINSURED MOTORISTS-- EACH ACCIDENT on th'e Declarations is the'limit 'ofou r liabilityfor ail damages including damagesfor'care.or loss of services,~arising out:of bodily Injury as a result of any one accident. Any,Medical. Payments datermined:to be.payable under this part.:are subiect to a maximum payment for the service provided as established .by Act 6 If a Prevailing m~dical fee~ bharge br payment has not been calculated, under:.the:Medicare. Program for a treatment;' accomodation, Pr0dUct or service, .the amount of our paYrhentWill:not e~ceed 80O/o,of the medical providers d:sual and cust0m~rY,chai~ge: Pay- ment for'acute care i~an accredited acute care facility ,or; burn:~foundation:.~wilh not :~exceed, the usual:and customary:charge:~::::. :-. ,, :~.. ,:, If the Pee~'r~Vie~ pt6~mm;:e~b Shed bY'AC~ 6-is utiliz- ed;:. an: insured covered' undeFthis .part-may reqhest reconsideration of the peer review initial determination ,~o! the disputedmedicahnecessity,of treatment or ser- v~ce~. A request for?reconsideration must ;be made within 30 days of the initial determination: '., ARBITRATION .?.:, ,;.,: .:: ;: :-: If:We ahd,an ineureddo~fiotag~e& ::~,:: * ': i':¢Wl~ett~er th~':P~r~i~: is entitled :t0 recover . 'damages; Ces~ultir~g' fr°m the; negligence, of the owner' or operator of' an uninsured motor :':'vehi¢le;.or,,,,:: ,; ,.: ;: ; ::, , 2. As to :the arnOur~t of compensatory damages; EitherParty maY make AWritten demand for arbitration. In thiS;.~vent~ each par[y will select an arbitrator from the county Where the insured lives~ The two arbitrators w 5 select a third art~itrator.from the le county. If they cannot agree within 30 days, either par~y may req west ~election from a judge of a common p~eas court hav- ing jurisdiction, where the insured cia~mmg coverage 'lives; or-by a iudge ~n the Federal Distnct Cour[ whose InU~Sdicti°n incluaes the courtly where the insured claim' coverage lives, Each Party will: 1. Pay the expenses it recurs; and 2.., Bear the ,expenses .of the,third pa,rty eq ua y.. Arbitration'will De condumeo in the county,where.the ~nsure'd Jives.. Local. ru~es, ~f procedure and 'evidence will aD'ply, to the,entire,Arbitration process.. We will nm arbitrate questions of coverage or'law as to whether a person'makJng a Claim is covered under the policy., or is excluded under the. 'POlicy. All disputes affecting'the'scope ofcoverage, the amount of,coverege, a person's right, or eligibility to make.a claim, ;or the.~insured's selection.co coverage, will be determined by the: court n the. county, where the insured Jives at-the time the demand .for arbitration is made; or a, Federal District Cour[ whose jurisdiction includes the cqunty where the, insureo lives. Following the ent~ of an arbitration, award, either'~ar. ty may file a petition to V~cate or modify the award in the. court in the county where, the.arbitration was con- ducted. The court, may modify.or correct [he a~va[d where:" - 1, The.arbitrators addressed and resolved issues not within'{he:scope of.~[heir authority under- this policy; -. · . - 2. The arbitrators failed [o stay orcontinue th'.b;; hearing ~n order, to permit a P@rty,.oDportun ty .to present appropriate evidence or mst~mony; 3.The arbitrators were,biased .in the c'~nduct of the hearing and.the-entry.of any. award.;: 4. Either party was denied aPPropriate.due pro- cess rights to a full and fair hearing; 5..The arbitratorscommittad an error of law SUCh that had it been a verdict of a:jury the court wou~d have entered a different or othe~ judg- ment not withs[andJng the verdict. ' If there is other insurance wiaich covers a Ioseunder this Part;we will-oayour share of the loss:; Oar sha~e istl'ie proportion our limit bears to the total of all applicable limits., Arbitration will. be -.,nducted in accordance with the Provisions of the Pennsylvania Uniform Arbitration Ac[ and the Pennsylvania Arbitration Ac[ of 1927. JUDGMENT We will not be b6uno'by any iudgment against any person or organization Which was obtained withou[ our written consent; 'PAYMENTS"REDUCED '. Payments will be reduced by. an~ amount paid or payable by persons responsible..for.the.accident. Payments under this part will also be reduced by any amount paid ct payable unde[ithis.pol.icy or by pther sources. - . ~.- .... · ;: ,~ . OTHER INSURANCE--Y:OUR CAR : OTHER' INSURANCE--NON-OWNED:CAR (INCLUDES A SUBSTITUTE CAR) In, the case of a non-owned~ car covered under this part, we wJlJ pay those damages that are excess over am~)untspayable under any other inSUrance up to our .limit, ofliability~ ,,,~. ... . ., - . . ~_. A: 'Prior/ties of Policies. :'We will Pa-y Under this part in accordance Wth the fo lowing Order of Priorities. 'We Will not Pay f there is ariotF~'er in- su~er at a higher'leVel 'of Priority. The P~'~rity order is: ' - - " First The p~licycov~ring ~'~(~:to; vshicle ~. -. cup ed by injured person at the time of the aCciden[. Second .The policy, covering a motor;vehicle not Involved in the accident with respectto -which the.. injured person., s an insured. If tWo or'more Policies,have equal pri0iity:- 1. The insure¢ against which the claim is- first made under the above priorities shall process and pay the claim as if wholly responsible. The insurer is thereafter entitleo [o recover oomdbution pro rata from any other insurer 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 unreason- able risk,of injury.. , PART 5 UN.DERiNSURED MOTORISTS - - ' for the benefits p~id and t .cst of process- ing the claim. 2. The maximum .recovery under· ali policies will not exceed, the amount payable under the PAC S PA'fED: · IF;YOU AREHIT' BYA:' MOTOR VE .IiC E fHAT;Is UNDERINSURED OUR~OBLIGATIONS TO,YOU :'(1=ART 5)'- NDERINSURED MOTORISTS ~VERAGE ';i If yOU have this C0~erage.(seethe ~ecla~ations)' '; wilI P~y up to our limit of li~ilitY::~)f:~dilY injury'thaf iS covered under thisq~u-r-when ah insured (WhetherOr not: occupying ia. car.) is-struck,?by an 5i~derinsured :motor .vohi¢le;OuriPayment is based on the amSunt that an ~nsured is'l~gaJly~entitled:tO recO~/er for bodily injury but couldin°t c°llact'fr°mthepwneror dd~er of the underin- sured nmto~. ~e~iCl· b~auSe} ~ EOWNEROR DRIVER ISUNDERINSURED The owner or 'di~ve¢ .resP0nsibl8 'for'the accident, has liability insurance Or a liability'bond with limits that are'lass · than.the, fall?amount 'tho"insured.is legally entitled to recover as damages. .,~. . :; No payment will be made under this pact;.until:liability, .., insurance and bonds of all responsible motor vehiCles.are exhausted by payment ofSettler-dent or . judgement.. This; isa co~erag, e of last':reso~t. ' YOUR OBLIGA..ONS'TO US (PART 5) The following prowsions aDoly in addition ;o any duties listed in the GENERAL PROVISIONS section: ACTION AGAINST US No one insured under this Pan may take any legal action · against us until all obligationsunder this policy have been fulfilled. WHAT CARS ARE COVERED (PART 5) CARS DESCRIBED .ON THE DECLARATIONS This part covers cars for.which a premium charge forthis coverage is shown on the Declarations. REPLACEMENT CARS If you acquireownership of a, carto replace acarcovered unoer this Bart, the newly acquired 'car has'.the same coverage .as the. old car. You must notify .us, of the replacement within 30 days after*you.acqu re the car, for coverage to continue after 30 days.. cARs ADDITIONAL. , If.you acquire ownership of another car in addition to those described as covered under:this"Part, this part covers th e new car for the fi mt 30..days..The new car has the same coverage as any of your~her cam. insurea with ua. All your other cars must be insured ~ us for this part to cover the additional car. ' ' You must let us know within, 30. days'after You acqu~r~ ownership of the new car that youwant,it insured unaer this :)art, for coverage to continue after 30 days. suas ' uT CARS If.a car covered under this part breaks do~vn,.is being Ser- viced or repaired¢,or is stolen or destroyed, w~ will cover a car you borrow temporarily (with the owneOs permis- sion) while you[ car is being repaired or. replaced. ]'his car cannot be owned by you or a household resident. The substitute car has ~e same coverage'a,~,~e car that Is out of service. OTHER',NON-OWNED CARS In addition ~o SUBSTITUTE CARS, we will cove~ anon- owned car. The owner mus[ give permission to use ~[: The non-owned car must be usedi~ the w, ~ended bythe owner. This includes a rentea car for a period of up to 30 consecutive days. Thenon-owned car has the same coverage as any one of your care insured with us. WHO IS INSURED (PART 5) IN'YOURCAR (INCLUDES A SUBSTITUTE CAR) You and a resident relative are insured while using your car or a substitute car coverea under this part. Other people are insured while using your car or a substitute' cer covered under this' Dart if'you give them permission to use it. 'they must use the. carin the wayyou. intention. IN A NON-OWNED CAR You anaa rseident'relativeare insured,while using a non-owned car;:The-owner must give permission to use it, It must. be used in the.way intended by the owner.. HIT BY A MOTOR VEHICLE You and a resident rel.tlve are insured if hit by an undednsured motor vehicle while a pedestrian. LOSSES WE WILL NoTj~AY FOR (PART LOSSES DENIED, EXCLUDED OR EXI'IAUSTED UNDER OTRE~PARTS We will for bodily Injury .to anyone who claims a car insured under this policy is underinsured because coverage' is denieci, .excluded or exhausted" under another part of~this' policy. OTHER HOUSEHOLD VEHICLES We will not pay for bodily injury to anyone~'' occupying or" struck'by a'motor vehicle owned'or leasad by,,you nor a :household ,resident: which: is not. covered', under this policy, or if'the liability coverage, df' that vehicle is. used to pay 'any 'portion' of"an'insured~s'bodlly Injury liability claim. REGULARLY USED 'NON-OWNED ;MOTOR VEHICLF~ We wilt not pay for bodilyinjury:to:yoU or a houSehold'. resident uang a non-owned motor.vehicle not insured under this part, regularly used by-you.or a houeehold resident. 8 CARS FOR HIRE We will not pay for bodily injury To anyone using a car covered under this Dart to carry people or Droper~y for a fee. This doesnot include acer pool, BUt you and a re, i- dent relative are covered 'if injured in an accident while a passenger in anon-ownedcar being used to carry · people or orooerty for a.fee. LAND VEHICLES We will not pay for bodily injury To anyone hit by the following land vehicles: 1. Motor vehicles ownea or operated by serf-insurers unaer any financial responsibility law or similar law; 2. M°tor vehicles-owned~by:a government agency ~n the United States of America_or in Canada: ar.-. 3. Land vehicies operated on crawler-treads orrails; oh 4. Motor vehiCles or.ea~pment dasignedJor mainly_ off aublic"roads (unless the .accident 'happer~s on'a pubiic.zoad).' :. .. RACING . ,:.-,:..; .':' :: .'..~..., We wi ;r~,:DaY;~r'bOdll:y~ii~j~.t~'~ne~j~i~'' covered under'this'part ifthe car:was ~eing used organized ra~ng speed demolitio~ or stunting contest or related activitY/;' ' ': :;; ':?"" .... ~'- '"'"~": ~:. :'" BusINESS'ANDRESiDE~iCE~. -- We will ~3et..pay for.bo_ dlly injuqf, to anyone ads ng .out otthe.use of a motor vehicle, trailer, camper.unit, cap or similar.type of cover, being used.or located for.use~as.., a place of.business or, as a, placeof.residence... WORKER'S COMPENSATION OR SIMILAR*LAWS We will not pay for bodl t merit Under'this~part duplicates' benefits'payable under ny worker s compensa~on,,d sability or s~m~lar laws. A so; this coverage shall not apply directly:or indirectly to benefit: any insurer or self-insurer Under any worker's compen- sation, disability or similar laws. -, AUTO BUSINESS .We wilt n~t pay for bodily injury caused by anyone us- mga motor Vehicle in any automobile bUsiness.'(such" as selling, repairing, servicing, storing or parking care). But ¥ou;.a reside~nf relath~,, or any. .ness associates (for whose use ofthe car you may be held legally respon- sible) are insured· while using aoy of your.care covered under this part. BUSINESS OR JOB We'w~ll no[ pay'for bodily injury to anyone (ot~'r than you or a'reaident relative)·using a-non,owned-motor vehicle 'in any business or .idb. WAR We will nm pay for'bodily, injury caused by any act-of war. ~varlike act. insurrection, rebellion or revolution. Aisc, we.wi!l, not pay for a ~oss.caused.by discharge of tony nuclear weapon, even if accidental.. NUCLEAR CONTAMINATION -'. We W.., not 'p~ for bodily'injUry'f~0m_0;'ks a conse- quence 0fthe following whether contro ed Or Uncontro - ed or however caused! 1. Nuclear reaction; '~' 2. Nuclear radiation;:o~ ....... 3?Radioactive contamination.- .... CRIMINAL AG'"r~- ... :,..,.,.: We will ncx pay for bodily injury to anyone,while,attempt. ing tO ~omr~it~a chine or.~tQ avoid,arrest. INTENTIONAL tNJUBY: · ..... - we ~11 ~ot-'lS'~ f0~ bOd!l~i~j~i~'~ ~ ~:esuits ~om an'act: .:t.'.' "l~-~;i.~: i~t ~ d e c~ ,i b~;_,'~t~ ;insEt'red .to. cause 'garm:.-or ' 2:'~That~;a~' insured~could:~ reasonably; expect would '":' ,P, carJse:.barlj~; ;,.~2-, ~:, : :. Tliis'e~clusion apPlieS:Whetber:or'n~" .....":' ' an nsured intend- ed' or expected the resul~sof' their'aCt,. So:long as the .r. esult~, g injury or damage was a natural consequence of ~ne act. .,- PUNITIVE DAMAGE We will not ;:>ay for damages asse,~Se~ a~ Punitive. ex- emDfary'or.:vindictive. ~: ~.-~ c, . LIMIT OF COVERAGE IfY0u or a resident relatiVe insured Unde~ th s Part'i~ n "1. In a car that is insured bytbis part-- We will not Pa~y , morethan the. imit of coverage for thispartshown on the Declarations appliCableto that,paJ~iCU ar car. 2. In a car that is not insured:by this part or while a ./pedestrian. we!wil. I not, Pay more than the'limit of coverage fo~ this part shown on the Declarations ap- plicable to any one car ipsured under thispart. This.limit of coverage app es regardless.of.the number of 4.: Yehictesinvolved inthe accidento¢?ldSSi ~ .. If a~:,0th:er: ~.¢son;ins.~jrbd Undo? ~hi~ part i.~/~ :~ acci. r de~ Jn a~car that, is ins~edlbY'~iS~parti ~. will. not pay more than. the Iii-nit 0! 5t~verage~':for that par~iS~'iar car, This limit of coverage applies regandleSS 0fthe number vehicles idvolved i:r~ the=~cbidbht'.or 10~.~; c~ve~ages on other cam insured by us cannot be added to ~ stacked onth e' coverage ef thetPartic~lar,car.,in~oLvedii~ $ACKING OF.UNDERINSURED;:MO.TO~II$~,v;:. .COVERAGE LIMITS...~ ', ...... ~', If you haveselected this option (the Dectarations-,will;j~ dicate stackingappli?.?).~en stacking of c0verag~'~Jn~ler reliltive b~ ad,.or stack;th~;Un~jeri~ui;~cjCM0~srists Coverage. lim~ of Other cars,~ns~r~d for t~i~'Cdvel;a~e by us upon ~he:Und~rinsored M0t~sts of lh e;car invok'ed:in' the;acciden~.~r;Joss; The LIMIT OF COVERAGE in the and section titled;LIMITOFCE)VERAGE, under ,,How ,We W SettleA C aim" uBder P~+ ~ ,~ NOH~TACKING:OF UNDI~RINSUt ...~:MOTORISTS COVERAGE LIMITS If you have selected this option.(the Declarations will in- dicate non-stacking applies) then the Limit of Coverage under this policy'e C.-.-~nerel Provisions and the Limit of Liability under Part 5, HowWe W~II Settle A Clam app- ly to you and any other, person insured under.this part. This means that if you or.any other'person insured under this.policy is in an accident:. · 1) In a car that is insUred bY this'policy -- We .will not pay more than the limit of'liability-for the Particular car involved in the accident.. '.' 2) 1n a' car that iS not 0wried !bY'YOu or-a meident relative or.while a pedestrian -- You. are entitled to the highest limit of Undednsured Motorists COverage available on any one car ssto which you are a named insured or'an.,insured resident relative, If.you.choose the coverage available to . you as an insured= under ~ s..po cy part, then we will Pay those damages that are excess, over '. am0u~ l~ayabls on the car y% 0c~upy at the time 'i'~'..10f ..the accident: i~if iYou choose the coverage ' aVailable to yoU,'an i ns~ und~ another Po .:i'.; i then ,we Will n°t paY,f°i damages underl,this policy This limit,, of Coverage.app es regardless..of the.number of policies, insureds, insured care~ claims made, or cam :inVolved in~e accident 0r'i0ss.;,¢overages 8rf othe(cam ~nsured by us cannot be added to or ¢~acked On the coverage.:bf..the~P'articular,¢car inv.'01ved? LIMIT OF PERSON?':":-, ~;:: ~::' : ' ~.: '" ~'~ Yhe: ll~ff ::~8 :; 6r~'de~ 'uND~jNs~R~b' IS~CH pERSON on t~ Beclar~itiOns is t~ limit ¢ .our !isbi! .f i'ail. d*"n ¢es,.'inClUding damag s for · sare or Io~S Of serVices, arising'i~> ,ut. of bodily injury to One.pem0n as'a result Of any. ~n~: aCci~ien{. LIMIT OF LIABILITY--BODILY INJURY;" EACH ACCIDENT. The limit stated :.unde~:uNDERINSURED:.MOTOR. IST$--EACH ACCIDENT on the'Declarations, is:the limit of our liability for ail damages, including damages 10 for care or Ioss. ofs6 ,es.ar s ng out of bodily injury asa result of any one accident. Any Medical Payments determined to be' payable under this Dar[ are subject to a maximum payment for the ser- wce provided as established by Act& If..a.Drevailing medical fee, charge or payment has.not been calculated uncerthe Medicare.Program for atreat- mont. accomodation, product orservice, the.amount of our payment will not exceed 80% of the medical r~ro- viders usual and cu~omary charge. Payment for acute care inan accredited acute care facility or burn founda~ tion will nor exceed, the usual,and cus~omarycharge. If the peer review program; established by Act'6 is utiliz- ed, an insured covered under this Dart may reouest reconsideration of the Deer. rewew.initial, determination of the disputed medical necessity of treatment or ser- vices. A re~juest for reconsidera~on must be made within 30 days 'of the:~nitial dete~'mlnation. ARBITRATION If we and an insured do not agree: 1. Whether that person is eritJtled to.recover carnages resulting from the negligence of the owner or operator of an underinSured,mot~r- , 2. As to the amount:of*compensatory,damages;,., Either par~y may make a writlen demand for~arbitratiodi Inthis event, each pa ,r:b,y will select an arbitrator, from the county Where the insured ll~s. The'Wed arbitrators will select'~ thifid arbitrat0rfrom the samec0unty, lf~ey Can- not agrse within 30.days,.either~narty may request selec. tion from a judge of a common pleae~court;having juriediction where the insured claiming.coverage, lives~ dr by. ajLidge in tbe.Fedarai District Court w'O~ej~risaic; tion includes,, the. county . where.., the. insui'ed claiming. coverage lives: '.~;; Each party will: 1. Pay the expenses it incurs; 'and " 2."Bear ihe exDenses of the third pa~y equaiy ., Arbitration will be conducted in the coumy where the in- sured lives. Local ru~es of procedure and evidence will apply to the entire Arbitration process. We will not arbitrat~ questic~ns of co. .~ge or.law as to whether a person making a claim is.covered unaer the oolicy, or is exluded under the policy. All dispuzes affecting the scope cf.,coverage, the amount o4 coverage, a Demon s ngnt or eligibility .to make a claim, or the insured's selection of coverage, will be determined Dy the court ~n the county where the ~nsured lives ar the time the demand for arbitration is made; or a, Federal District Court whose jurisdiction includes the county where the insured lives. Following the entry of an arbitration award, either Batty may file a petition to, vacate.or modify the award in the court in the county where the arbitration was conducteo. The cour~ may modify or correct the awara where: 1. The aibitramrs addressed and resolved issues not within.the scope of their authority under this · ,policy;· - 2. The arbitrators.failed to' stay or continue the hearing in order to'permit a'par[y opportunity to present appropriate evidence'or testimony; 3: The arbitrators.werebiased intheconduot~of· the hearing and the, entry of¢a;ny award; 4: Either party.was denied ai~Prdpriat6' due pro- cass rights to'a fu! and-fair hear ng; ' 5. The arbitrators,committed an error, of Ja~v such that had it been a verdict of a jury.the court would have entered, a'different or other judg- · ~ner~t i~ot"witi~t~nd ng!:the"~.;erdJct. ' Arbitration.will be conducted in accordance with tl~e Pro- wsions of the Pannsylvania UniformArbitration Ac[.and the-_Pe_nnsyl;vania.:.Arbi.tration Act ¢f,,.;192,7'.. ~._. JUDGMENT ' - "' ' We will not be bound by anyju'dg~en"~againstany Der- so~ or organization which was obtained withoutourwdt. ten consent. PAYMENTS REDUCED Payments, will -be. reduced' by any,,'amount paid or payable .by persons responsible for the accident. Payments;under-this Dart will also be reduced by any amount Paid or payable by other sources or under th~s Dcolicy.except MedicaI.Payments.(p~art 2). OTHER INSURAN(. -YOUR CAR ' If there is other insurance which covers a loss under this part. we will pay our share of the-loss. Our snare is the proportion our lim~ bears to the to[a~ of ail a~olicable limits. OTHER INSURANCE--NON.OWNED CAR (IN- CLUDES A SUBSTITUTE CAR) In the case of a non-owned car coverec under this par~, we will cay those damages tlqat are excess over amoums payable.under any other insurance uD to our limit, of liability. A, Priorit~es~ofPolicies. We will pay under this par[ in accoroance with the.following order of priorities. We.will not pay if there isanother ~n- surer at a higher level of pdority..The. ~riority order Is: _ First The oOlicy covering a motor.yehicle cupied by injured personat the time of the accident. Second The Dolicycovennga. motor vehicle not involved in the accident with resPect:to . . . .which the injured person is an insured, · If'two.or more policies-have equal priority: 1. The insurer against which the claim is first made, unoer,."the alcove priorities shall process and pay the claim as,if wholly responsible. The insurer'is.thereafter~entitled to recover con- 'tribution, pro mtn'from any other'insurer for the benefits paid and the'cost,of processingthe :claim. 2.'"The maxi~jm recovery under all policies will not exceec the amount payable under the 12olicywiththe highest dollar limits of benefits. For the purposes' o{:determining PriSdties, ad unoccupied pa[ked motor vehicle is not a motor vehicle involved in an accident unless it was park- ed in a manner as to create an unreasonai~le risk of injury. 11 PART 6 FIRST PA,. rY BENEFITS PAC 6/PA (ED. 7/94) The Company ~vili payfirst Party benefits~for medical ex- penses and if purchased for: a. inc°me'loss, and ': ': : b. funeral expenses . for bodily injury to an eliglbl® person resulting from the maintenance or. use. ofamotorvehicle as avehicle. Aisc, the Company wil pay de~.thbenefits e~rising from bodily, InjUry to .the'named insured: Or resident relative resulting from, the:maintenance or use of a motor vehicle as a vehicle. .. Onlythe benefits shown asapPlicable by dollar amount on the.Declarations apply; ':-"~: . In accordance with Act 6, eligibie:Medicai Expenses which result from acer aCCident covered b nder this part will be Pali:l Up to our limitOf Eiability for this coverage subject to a:maximum.~of the current available and prevailing charge forthe service prov ded as establish- ed by Act 6. ~ Ifa prevailing Medical feercha~ge.orpayment has not been calculated under:the.Medicare..Program fora treatment, accomm0dation,.product or:. serv ce, the amount ofour :payment ~w ,~not,-exceed ~80o/o of the M ' ~ edical provider susuai andcustomary charge. Pay- ment for acute care if any accredited acute care facility or burn foundation will not exceed the usua and customary charge. If the peer:review:program~e~ab!ishecLby Act 6, is utiliz- ed, an insured covered under th spart may. request reConsideration ofthe Peer, review' n t a determination of'the d spUted medical neces~ Of treatment 'or ser- vices, within 30 days of s'Ucli determ nat On "' Definitions . , "bodily injury'' means accidental bodily harm to a person and that person's resulting illness, disease or death. 12 "death benefits" ~ns a benefit DaiU because of the aeath of the named insured, or resident relative as a result of'injury sustained in a motor vehicle accident if death occurs within 24 months from the ,date of'acci- Sent, The death benefits shall be oaid to the ao- ministrator or executor of the insured's estate, "eligible person" means: (a) the named insured:or any resident relative; aha (b) any other :)erson who sustains bodily injury: (1') while occupying the Insured motorvehi; cie: or (2)' while a non-occupant bfa motorvehlcle, if injured as a result af an accident in Penn- sylvania involving the Insured motor vehi- cle. An unoccupied Insured motor vehi. cie. is not a motor vehicle involved ~n an ac- cident unless ltwas,parked in a manner as to cause unreasonable, risk of injury. "funeral-expenses" means reasonable expenses in- curred directly related to funeral, burial1 cremation or other disposition of the remains of the deceased eligi- ble person. The expenses must be incurred as-the result of the death of the eligible person and Within 24 months from the date of accident. - income loss means eighty (80) percent of gross in- come actdallylost by an eligible person. Inco~ie includes reasonable expenses actually incurred for hiring:' :. '"~ ~.':~', ~ - ~ - . (a) 'a substituteto perfbrm the Work a self-employed eligible persenwould have performed,, except. for the bodily Injury; or ...:+ (b) special help, the~reby enabli .rig a person to worE, thereby reducing loss of gross income "income loss" does not include: (a) loss of expected incomeforany p~riod'foi!ow- lng the death of an eligible person; or (b) " expenses incurred.for,services performed following, the death of an.eligible peraon;,0r '(c)" any loss of. income during the first five working days the eligible~pereondid not work after the accidem because of the bodily injury. "in.ured motor vehicle" means ,...,otor vehicle: (a) to which the bodily injury liability insurance the policy, applies; and (b) by which the named insured maintains first par. tY benefits coverage as required under Pen.r~- sylvania ~otor Vehicle Rnanc a Responsibility Law. - "medical.expenses,, means reasonabe and necessary charges for: (a) medical treatment, including but.not limited to: ('11 medical;~ hospital, surgical, nursing and dental services; (2) medications; medical sSi3Plias and pro- ethetic dewces; and I3) ambulance. (b)' 'medical and rehabilitative services., including but not limited.To: '.: (1) meal cai care; '(2) licensed physical"therapy, 'vocational rehabilitation.and occupational.therapy; (3) Osteopathic, cii}ropractic, psych atric and psych'OiogicaJ ;se~iceS; and: (4) . audiology~ ('c) nonmedical .remedial.ca-re, and treatment · rendered .in: accordance 'with a recognized -" religious'or_licensed method of'healing; A.'II medibaJ treabnent ~nd' ~nbdical ~i~d rehabilita~ve ser~ wcss must be pro~'ided by orprescribedby a person or facility approved' by_ the "Department Of' Health, the ecluivalent governmental agency responsible for health programs, or,the accrediting designee or a department or. agency of th"e :state in ~which' those.~-serv]ces are provided: . Payment of medical expermee after 18 months-from the date of accioent causingbodllyinjury, shall be mace only if itwas ascertainable With reasonablemedical pro- bability within 18 months from the date of accident that further, expenses.would be incurred as a result :~f the bodily injury. "motor vehicle" n,_,,ns any vehicle which is. self, propelled. But, a motor.vehicle aces not incluoe a vehi- cie which is propelled: (a) solely by human power; (b) by electric power obtained'from 0Vemead trolley wires: or (c) upon rails. "nemedinaUred'' means the person or organization named in the Declarations. ~ pying ' ' 'occu "means in or upon, enteriog or. alighting Trom. "reeldent relative" means: (a) the spouse; and (b) any person related m the named'insured by blooo, marriage or adoption, including a minor in ~e ou,~od.y C~ the ~!a. ,_n~d_. insured,.epouse or such relazecl Person, " -'-'- .... rc;--.;~ident in the Same,household as the named in.uteri, whether or not temporarily residing elsewhere.. Exclusions 'f:his-cgverage does.not app y to bodliy injury to: Per~ons~Who'Don~t. Have Their Own Autos In~ured. (a) any p~mon Who is ~the" o~r~er~:~ a'~:urrently registered motor 'vehicle~:-for which flaancial responsibility, has not.been PrOvided, even if. that person is occupying 0r struck by a motorvehk cie by which financial responsibility is prov ded Repair, Servicing, Etc, -(b) anY. person resulting fror~.iih~'~conduct of.the business of repairing, servicing, or otherwise maJntainmg motor vehiclee:if the bodily Injury ansas out of that businse~ unless thc.conduct.cc. curs, off the business premises; L°adlngand Unloading, (c) sustained Dy any Person as 8 dire~ re~uit of loading or unloading a motor vehicle; 1,3: Motorcycles. (d) any person while occupyingamotorcycle, motor. ddven cycle, motorized peoacycle or like type vehicle reouiredto be registered uncier T~e 75, or a recreational ven~e not intended for highway use; Non-Authorized Uesm, (e) any person otherthan the nemed in~uredor any relative, while maintaining or using a motor vehicle without reasonable belief that he is legally entitled to do so; Non-Occupants in Other States. (f) any Person not occup~ng a mOtOr vehicle other than the named Insured or any relatiVe, if the accident occurs,outside the Commonwealth of Pennsylvania; Ps.ed'-CamPer Vehi{~s, Etc. (g) an.yp?o.n while maintaining or"using a motor 'vehicle While located.for g~se as a residence or premises; · War, Riot, Etc. (h) any persohdue to WarlWheth~r or not declared. '- civil.war, insurrection, .revolution or~rebellion:or any accompanying acts or conditions; N uclesr Accident~.,~,~2 .(i)' any pe?son'~.a~sed:by~n~ciear rad oactvty or expl0s!0n; .' ..., .~ -., :., .:. Int~ntion~l Injury· '" *- ~ any person who intentionalfyinju~-es Or atter~Pt~s to' intentionally injure 'himself or another; and Felony. or Eluding Arrest, (k) -,anygoerson.who injures :h-i~self or another while c. ommrtting a felony or, eludinglawfu apprehen. s~on or arrest by a la~,enforcement official.. I~olicy. Period '" Territory : This coverage applies onlyto accidents which occur dur- ing the policy period and within /he United States of Amenca, its territories and possessions or Canada. 1.4 Limits of Uebllit3 The limits of liability apply regardless of the number of persons insureo, policies or plans of self-insurance aD- plicabie, claims made, in~ured motor vehicles or motor vehicles involved in the accidem. The Com- party's maximum limits ofliapil~for medicaid, Income loss, funeral expanses and death benefits with .respect to bodily Injury to any one eligible per- -·on m any one motorvehicls accident is Shown on the Declarations. Any amount payable by the Company under first party benefffs shall be excess over ail benefits an eligible par- son receives or is entitled to receive under, any worker's compensation law or similar laws. Condltion~ A. Ac#on Against Company. No action shall lie against.the Company on the part of any eligible parson unless such person has fully complied with all the terms of this coverage. B. No#ce. If an accident occurs, written notice ade- . quately identifying the eligible pemon and reasonably,accessible facts concerning the time, place and circumstances ofthe accident shall be given as soon.as practicable ~by or on behalf of each eligible pamon to the Company or any of its.authorized-agents: ' * C. MedicalRepor~; Proof of Claim: As soon as prac- ticable the eligible psmon, pi someone on his behalf, shall give the Company written, proof of ~ claim.under oath if required,':fulty pescribing the ~ nature and,extent of. bodily.injury, trea~nent and ~ rehabilitation received and contemplated, and ,~ other information to Assist the Company in deter-. ~ mining the amount due and.payable i ~ Proof~of claim shall.be-made upon forms furnish- ed. by the .Company unless the Company. fails to supply such forms within 15 oays after receiving notice ofclalm. The eligible parson-shall ~ubmit to:mental and physical examinations by physicians.,selec[ed by the. Company when and as often as the Company. may reasonably reauire. The Companywill paythe costs of such examinations. ]'he eliglble, pemon (o~, in the ~ It, of such per- son's incapacity, or death, his legal representative) sba// if-the, Company requests, sign papers..tc enable the Company~o obtain medical reports and copiesof recoras. A copy of such medical repot[ will be [orwarcted to such e/igJbte person upon his wr~en request. I~ benefits for irlc~mc I0" are ciaimed,,the bio person presentirtg such claim.shall authorize the Company to obtain aetails of all earnings oaid 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 P#orities of Policies. w~'Wiil payfirst part, benefits re'accordance;with theTbllowing orderof pnorities. e wlJJ not pay ~fthere s another insurer at a higher le~l"°f priorit~.'~l'he ptior~ order s: First. "'[hejnSO~:er~l~ro~i~l/ng benefits to the : ;.! ' el!glblepemo~aSanamed Insured. ~x..... Second... The. insurer-providing benefits., to the .... ' ' ~': :~";el!glb,~.Pem°n-as a ml~tve who is --'.'- .n.ot.?nam.ed...insum~l under another policy proved ng Coverage under the · . -:'~ .' :" "' 'P'enns~ariia ~Otor Veh C e F nancial -.., ..... Ird The insurer of the motor vel'llole ~hJbh t}i's;eliglbl~:pemon is occupy. lng at t~e',time-of the accident. ~:°urth' Th'e'i~rrproVi~ing benefits on any 'm~tOr ~ehi~je-. involved in the acci. ':' de~.ffitheeliglble peraon: c~-.'. -~r .... ~' (a),.; is not: occupying ~a:mOtor vehl- -~- cle,,and , : (b) is n~¢.b~vi~lS~'' Coverage under .... ' -, any,other.policy?:, e. :, _ If t~o or more-poiJCi~.~ hav~' 'b~l ' r.. 1. The insUrer against which the claim is first made -.' sh" l'Pr°% t e'8 J f who y 2. The max/mum recovery, under ail policies will not exceec~ .. the. amount payable unoer the policy with the highest dollar ~Jmits of boner, s. For the purpose'of determining priorities, an unoc, .. cupied,par~edmotor vehicle Is not~a-mutor..vehi, cl~ Jnv~l'~ed ih ~n-accident Un]eSS. it Was'Parked'in a manner:as to create an-unreasonable: risk of injury. E. Indemnity. The Company has the right of indem- nity against any,parson Who: 1. has converteo a motor vehicle; 2, .committed a felony; · : eludedtawful apprehension or. arrest bY a law enforcement Official;.or:- ' 4: 'int~htionailY'i"ju~'ed himSelf or ai~ther personJ This r, ght of indemnity ~ fo; first Party benefits paid for: ~, - ' . 1 ih'e I~ ~.~d'l~y'i~e Co~dbct'C~'i~at person; 2..the cost of Process/rig the ~laims for such . ..... berj~fits; and ...... = 8. the c°st of enforcing this righ.?, indemn~'fin. 1''''' ''cludi'ng' reas°nable att°rn ~y ~ ~fees). i. ~"/.;,~i!glble p~r~0n'shait recove; dupiicateben~s -::,foF the ~a/~e ~element~' of' oss undo/this or an~, '~: ~ir~Jlar'"'AU~'omobiie ':insurance 'ibc udin~ ~elf. ins6'ran~:e.' - . . .. ~,,.,,.,, . . ...... ' m,~o--.~ur an ~njury covered by mediCai exper~e benefrm shall'not exceed the amoUnt~e person or institution customarily cnerge~ for like treetment,'accommooations, pro~iuots.and set. vices in-cases involving no insurance.. · ,:. 15 PAR.,.3' 7 ADDED 'F...ST. BENEFITS ::, PAC 7/P.A (ED.:7/90) ', The company =grees that. amounts payable for bodily injuryto an eligible I~mon underthe "Limits of Liabil- ity''' provision of the Pennsylvania First Party'Benefits Coverage endorsement (PAC 6)is Changed aS stated below. :.' The Company's maximum=limits Of liability for m~dioal expensee,.~ income :,lees,., funeraL:: exL~ensea and death benefits with respect to bodlly, injurYto any one eligible pe~n in any one motor vehicle acc dent shall not ~xce~d'the.leSSor of:' 'r: :' : ~:= '; : 'i (a)"$277:,500 n th~ aggregated'or '%" ~' '~' (b) "benefits payab e for expenses ncurre~t,up to These h~itS ~ I;ab.hty ~Ji~"~L~b~ec~t~sP~ifi~:i mlts for death benefits as follows: ben'fits sliali~(~t e~c~ $~5~000' These hmitso! habdLty appt~ regardless'of'the number ofp. erSonS'in§ared porb.'es~o~ · ~ ~ ...... p ce apphcable; Claims made 'ihsbred mot6~ ~Teh, i~iea or meter Vehioiea~involVed iri the'a~dent!? In accordapce ~h Act,.6, e g!bl~ Medical,Expenses Will b.e ~id u subje~E~ ~:~imum'°f ~ihe=cur~n?a ~wa~i~ and Pm~ili~'~li~}:g~ ~°t th'e s~ice P'r~'~=~b sh- If ~.pmvai!i~g Med.!cai fee~ charge o~ pa~mea~, b~s not tbree? calcu.!ate~under'the;~Medica~e~P, rogram:for a eatrnent, accommodation, Product Or serlioe, the amount of our payment will not exceed 80% of the Medical provider's usual and customary charge. Pay- ment for acute care in any accredited acute care facili- ty or burn foundation will not exceed the usual and customary charge. 16; ifthe oeer review 12 am,"establishe8 by,Act 6; is utiliz- ed, ah insured covered'Under this part may request reconsiaeration of the Deer feView,initiai determination o! the disputedmedical'necessity.of-treatment or ser- vices; within 30 daye of. such deter;ruination. D. ;' priorities' Of"~'~ii'cies: We: will'pay .first party . , benefits in accordance with the following order ' ~! priori{les. We:~/ill h~t'l:)ay f there is another in. surer at a'higher love bf prioi'ity. The:pr orty .. ,_,The insurer pray d n~benefts~tothe .... ellg!ble pe~on as a;~amed -. ~ ;; ,S~dd The ins~recpi'~j.ding'benefits'tc~'~he ~is not a.. named; ineure~J.:.~nder ' a~other'156iicy 'pr~din~ coverage ......... -c · F~nanc~e~pons b i~ Law. . ~d,, ~e msurer"of.~e mo~r~vehicle wh ch the, eligible ~rson s ocou. ng. af.t~e~mb; of the accident. ~-moto[.~e~i~ involvec n the .~; ; .... O e, add . ~ff., ............. (b)is nQt~rovide~, coverage under made shall proce~d pay the ct~m ~ if ...... wb9 ly [espons b e . 2. ~e m~imamrecove~ under ~1 polici~ will ..nm.~xceedjhe ~o~nt p~yable under,~e ,,~ cUp~ea parked motor vehicle is. hot a motor vehi- cie involved in an accident ~nl~SS'i( ~aS-parked in a manner ~to create an unreasonable risk ofinju~. · 'ennsylvania Speciat State Provisions CHANGE TO OEFINrTIONS .......:. .... The followin~ is aclded unaer Definitions., ..... SERIOUS INJURY A persona! injury resulting in ciaaTh, serious impairment of bodily function or disfiguremen=. NON-OWN~ MOTOR VEHIC~ A non-owned motor' vehicle is a motor vehicle w~Jch is not ow~e~ by, re~i'S~ere~ in the ~ame of furnisheo or available for the regular or freo~ent use of you or a household CHANGES TO GENERAL PROVISIONS FULL TORT AL~NA~VE the name: inSuree remains eJigiDte ~o seek =ommensa:ion' for noneconom~c Joss claime~ ~erson not insure~ unoer this LiMeD TORT AL~RNATJVE ~ach person who ele==s the limited tort alternative an~ each person W.h~ i.s boun~ by such election of t~e named insure~ is eligible ~o seek compensation for economic loss sus=ained/in a motor ' vehicle acciOent if the a~i~em is ~etermine~ ~o be the fauJ~ of another ~erson not~insure~ under. this policy. .. If the injury sustained is serious, as ~efineC un0er me Definitions section of ~is poticy, each Person boun~ by the iimite~ ~o~ alternative is also eligible to seek compensation for non-economic loss from the a~-fault pa~y no; insure~ unOer this policy. If =he injury sustained ~oes not meet ~e aefinition of serious injury, each ~erson Doun~ by ~he limite~ tort alternative is PrOhi~iteO frpm see~ing compensation'for non-economic loss, u~iess: as a result ~f ~ne foul[ of another person unless '~a~~?~vehicle accident. a) The person aT-fauit .is convicted, or accepts ~e of ~he'followihg' conditions apply: Orivin~ unOer the influence of alcohol or ~ con,robed su~szan=e in ~nat accident; Accelerated Rehabilitative Disposition (ARD} for ~) The person at-faut~ is operating a motor vehicle registere~ in another s~ate; c) The person at-fault intends to injure himself or another person. This does not include intentiona~ acts, failure to act or to act with the realization that it crea~es a grave risk of ca~si~ injury if for the ~urpose of.a~i~g ~odily inju~ to himself or eno:nar Perso~; dj The ~erson e~-fauJ~ has not maintaine~ financial responsibility as required by Jaw. 2J The ~erson who is bound by the limiteO to~ alternative will remain eligible to seek com~ansatio~ for noneconomic toss for claims against a Derso~ in the ~siness of Oesigning, manufac[urin~, re~airing, servicing or otherwise maintainin~ motor vehicies when the claim arises out of a Oefect in such motor vehicle which is caused Dy or not corrected by an act or omission in the course of such business, other than a Oefect in a motor vehicle which is 3) The injury ~s s~s~aJne~ while an occupant of ~ motor ve~i=le ocher ~an ~ ~rivate motor vehicle. - W.H.S. 2 5 1998 - 1 - nBO?OOO.' ?he bara_~r-ap~-, unr~er "The Po/i¢? is a £ontra~t" is Oelet~ an~ rept~eO ~y t~e following: ?hi~ ~olic?, is a ~ont~ac~ ~etwee~ you a~d u~. When we refer to the Policy, we mea~ t~i~ ~ookJet, your mos~ recent Declarations an~ your ~n~orsement~. ' :" AGREEME~ B~EEN YOU AND .. . -, .... ~; ~;' ~. .... ~ -~ · In exchange for premium ~aid, we agree t~ ~ay for losses as.covar~d.~n ~s.p~j~cy~'~". ~v ac~e~tm~ this D~Jicy, you a?~a that the s~atements on your a~DJicatJon are true an~ correc~' - This ~olicy ~ :~sue~ re~yin~ on the a==uracy of t~ese statements. This policy contains all the a?eemen~s ~a= exist between you an~ u~. You will immediately notify us of any change of a~ress. The policy wil~ then be rarateo base~ the rates aha coverages in use for ~ne new a~Oress. If the change in aO0ress is from one state another and you ~ualify for coverage With us in the new state, then we will reDtace this Policy with the polity we use in the new state. The statements on the application are your representations an~ are not warranties. LIF~IME REN~'~ AT AGE 85 gn~er the provision tJtte~ "ZJfet/~ Renewa/At AEe ES," the first ~aragra~h is reDJace~ by the following ~aragra~h only if the policy has an original effective aate.~rior to 9/20/91. If at any renewal you no longer OuaJify for cominuea coverage as Dermftte~ D'/ Pennsylvania law, we will offer you similar c~verage in one of our affiliate~ companies if you have had car i~surance v,,it~ Us continuously for at least 5 years on the first'anniversary date .of this policy any renewa; or replacement of it) following your 65t~ bi~hOay. The provision title~ "~ifeti~ Renewet A~ ~e EE" is Oeieted only if'.the.~olicv nas an original effective,.date of 9/20/91 or later. , The ~rovision titled "Concea/~ o~ Fraud," is a~ed as follows: Concealment or This policy is void and there is no coverage for you or any insure~ if it has been in effect for less than 60 Oeys and you or any other insured unOer this ~oiicy has, whethe[ ~efore or after a loss: ~ intentionally conceaie~ or misrepresented any material fact or circums:ance; or ~. ma~e false statementa or enga~e~ ~n. fraudu ent Co The ~rovisions titleO "~n~ll~i~ ~ ~¢~,, an~ "N~nr~n~w~l jy G~nF" are reDlaced by the foliowinB: · Cancellatio~ By Company tf we want ~ cancel +'~-~01~ an~ ~t ha~ b~n ~'~'~'~r I~'~han ~"~ays, we will se~d'a written notice at least,15 ~ays Defore it is cancelle~ tf you fail to Day a ~remium ~y the date we will send a wrf~an na~ ~ least lB ~ays.~efore ~ is cancelie~. After this policy has ~een in effect for 60 days, we will only can~et it if: 1. You ~o not ~ay a premium or premium installment by the date due. We will sen~ you a ~itten notice at least 15 days before the policy is can~elle~; ~. Your ~rwer's iicense is un,er suspension or revocation during the ~olicy period. We will send you written notime at least !5 days ~efore the policy is cancelled; ~. Th~ policy was obtained through fraud or material misrepresentation. We will sen~ you written n~tice at least 6D aays Defore the policy is cancalle~; or 4. Any aaditional reasons permissible under the laws of your stat~ are D~esent. - 2 - We >viii mail me cancellation not~"e to the named insured at the last address shown on the Policy. We and you agree tna~ e proof of mailing of this notice is sufficient, proof that you were orODerty notified. We will keep only the premium for The time the policy was in effect an~ we wii/ any balance. Any refuna due will ~e sent to you es soon as' ~r~ct cal. Coverage ends on-the Nontenewal By Con,any "~ pu~l~y. ~e En~ you ~are~ ~h~ the mailino o· -~'-' - ~j-~,.=w=~ ~o ~ne I~st a~ress sho~on'~ The provision title~ "Your Duties After An A~i¢e~t Or L~Z$" is reDi~=e~ by the following: YOUR D~IES A~ AN A~ID~ OR LOE~: General Duties - If any persons insure~ unOer ~his policy, have a car ac:iaent or loss, they or someone acting for them mast mrom~ly ¢ontac~ us, The ~uickest way is ~o call us at the ~eteDhone hummer shown in your Claims Service FolOer. We Will wan~ to know. how the a¢ciaen~ or loss ha~pene~, names an~ aaaresses of people involve~, wi~ness~, aha any injury or Persons making ~ claim un~er this policy mus~: ' I. Inform us of the details of the a,'ciaent or loss in writing, if reoueste~. 2. Cooperate with us in investigating, settling, or defendin§ any loss or suit. Coooeration in¢lucies attending hearings anc trials, holding in suing others w~= are responsible for the ac:iaent, =Wino eviOence. 3. Immediately sen~ us any notices or legal ~a~ers receJve~ by ~nem or their legal 4. Be examine~ by our ~octors for their injures as often, as w~re~onably re~uite. We wilt ...... the cost of suc~ examinations. ~. Give ~s wri=ten Permission ~ obtain ~heir medical an~ other relevant records. 6. Give us wri:tan ~roof of their loss in a form centainin~ relevant informal/on we revues:. 7. Give us a statement un,er oath within 30 ~ays of o~ 8. ReDort e hit and run a:ciaent or' loss to the police promptly .~. Allow us to inspect the car if we request I~ anyone ~?un~r~y makes any Payman~s,~ssum~. ~ny obhgat~ons or incurs any e~enses, e~ceDt for fzrs~ a~d to others at the s=ene o, the ac,ioen~ we will nn, ~ The ~rovision ti~Je~ "tru~ ~gt~m" is re~lacea by ~he following: When we pay any person for a loss un,er ~his po/icy, we are entitled to ~he amount we Daid from the proceeds of any settlement or ju~gmen~ you recover from ~he responsible Davy whj~ au~licate the payments we maae (less reasonaDle a~ornev fees an~ a pro~omionate s~are of the cost of recovery}. When allowed by [aw, ~e are also enti~le~ to reiate~ collection expenses for any settlement or ]u~gmen:. __ The Drovision titJeO "L/mit Of ~verage" does not a~ly to "U~in~r~Mmori~$ - fPa~ CHANGES TO PART 1 LOSSES ~ WILL NOT PAY FOE The Drovision ti~led "Car~ For H/re" is re~taced by ~he following: .'.BO~-O0 MOTOR VEHICLES ]::OR miRE We will not pay for Bodily Injury or F¥operty Damage =euse~ by anyone usJnc ~ motor vehicle To :~. ~on-ow~eo ca~ fo~ hire. - ~HAN~E TO PA~T ~ LOSSES WE WILL NOT PAY FOR MOTOR VEHICLE~ FOR HIRE We will not ~ay for bodily injury to a~ne'us n~ a motor vehicle covered un,er this part to carry people or proDerty for ~ fee. This Ooes not inclu0e ~ car pool. Bu~ you eno ~ re~i~ent relative are covere~ ~f injure~ in an ~cci~ent while a passenger in ~ non-owne~ car bein9 use~ to carry people or proper~y for ~ fee. CHANGES TO PART 3 OUR OBLIGATIONS TO YOU The provision ti:led "Ren~a/Car Cov~ra.~e" is replaceb by the following: RENTAL CAR ~O~AGE ~f you have this ~overage (see the Declarations), we will reimburse you for the cost of rentinB a car ifa car you own is out of use for more than 24 hours because of a Collision or ComDrenensive loss. But ~his coverage Qoes not ap~ly when a car is stolen aha ComDrehensive Coverage a~plies. We will only Day for actual rental costs for the time it would normally =aka to repair or radiate the aamaged ~r u= ~o S3D a aay an~ ~900 per inci~em. ' You ~us~ ~FO~DTJy notify us of the amount you spare for ran:al of the cat in the manner' and time ~e reasonaDly revues=. LOSSES ~ Wi~ ~OT PAY FOR MOTOR V~IC~ FOR HIRE We will n=~ pay for damage to or loss of a motor vahict= u~ed ~o carry ~eople or proDerty for a fee. This Qoes no~ in=lu~e a car DooJ. HOW ~ WI~ SE't l ~ A CLAIM The provision =itlea "~= Payee C/~" is reptaca~ by the following: · LOSS PAY~ AND ADD~ION~ I~EST CLAUSE Paymen~ for loss of or damage ~o a =~ covered unaer this part will be maOa to the Derson or organization sho~ in the Declarations as the toss payee or the a~ditionaJ interes~ This Dayment will be ma~e, uD to the amount of the loss, ~ the exten~ that the loss paye~ or the aaditional interes~ has a financial interest in the car. This insurance, covering ~he interest of any loss ~ayee or the aQditional in[eres~ will n~ be invalidated because of the insured's conversion, embszztemem or secretion of the car. But, we reserve ~ne righ: ~o cancel or nonrenew =he Doticy as ~ermit~ad by i~s terms. The ~ermination notice will end ~nis agreemem with ali loss payees or all a~ditional interests. A~vance no=ice of ~ermination will be sam to ~he loss payee or ~he aaditional in~eres~ at rna ~ime it is sam [~ the namea insured. -4- ~ayee or the a~di~ional in~eres~ shall Oo so wimin 60 ~ays of notice Dy us. Fur~er, ~e loss Payee or ~ne aa~i~ional in~eres~ shall De suDjec~ to all provisions of the policy rela~in~ ~o time of payment, payment of premium 8nd of bringing suit. ~nen w~ Day the lOsS D~Y~e or the aadition~l Jnteres[, we wiJi. tO the extent protect ~he ownership interes~ of aH parries. CHANGES TO PARTS 4 AND 5 LOSSES W"E WILL NOT-PAY FOR The l~rovision titled "Cars For H/re" is re~taoed by the following: MOTOR VEHICLES I=OR HiRE We will not pay for bodily injury to anyone using a motor vehicle to carry beople or brober~y for e fee. This aces not include a car pool BuT you or a resident retative who 0oes not Own a car are covered if in.lured in an accident while a passenger in a non-owned car Doing used to carry people or ~roDer~y for a fee. CHANGES TO PARTS 1, 2., 3, 4 & 5 LOSSES WE WILL NOT PAY FOR The provisio,~, titled "Regular~)/Use~Y Non-Owneo' Cars" is replace-J bv the following: REGULARLY USED NON-OWNED MOTOR VEI-lJCLES / We will not pay for a Bodily injury or Property Damage toss to anyone under t=e.~s 1, 2, 3, 4 or 5 if you or a household resident is using e non-owned motor vehicle no~ insured under this part, furnished or available for the regular' use of you or a household resicien~. The provision title~i "Aul'o Ju$ine~" is replaced by the following: AL~"TO BUSINESS We will not pay for a Bodily inju~/ or Property Damage loss To anyone under Paros 1, 2, 3, ~. or 5 if anyone is using a moto~ vehicie~n em/ automobile Ibusiness {such es selling, repairing, servicing, But you, a resident relative, or any business associate (for whose use of the car you may be held legally responsible) are insured while using any of your cars covered unoer this par*.. The provision titled "Ju$ine~s or Job" is deleted. PAC 2D4 (Ed. 4186) Non-Owned Motor Home Anc~ True'k/Van Campers Coverage If you have ~aid for this coverage (see the Declarations}, the non-ownecl vehicle shown on the Dee- [stations the= comes with this enciorsement has the coverages shown on the Declarations. A=i provisions and exclusions of your policy abbty for the period shown on the Declarations excep~ :s follows. -'~'?hroughout the IDoiicy when reference is made to e car. it is sPecifi:ally limited to ':he vehicle shown on ~ne Declarations. - ~ - mBO~-OOc PAC ~-B0 (-od. 4/8SI A=ditionel Car Ac=idem Coverage If you h,,ve this coverage.{see the ~r)ecleretions) and are injured in a car eccident, we will Day eligible persons for losses =ovsreO unoer tne poii:y aodJdonal Denefits in ~:=oroance with this enOorse- EligibJe Dersons ar~ you and your c~it~ren unOer eighteen years o1~ who are unmarrie~ anO live with you. To De =overe~ unOer this endorsement, = person must De a~ eligible person at the time the accident occurs. · BEN~T A ~or losses =hat occur within 90 ~=ys cf:er the'accident and are a dire:: result Of the accioent, we will pay one of t~e foilowinB amounts: - S1D,DOO for Oeath, - SlO,OOO for loss of bot~ han~s and both feel - ~10,000 for Io~ of one han~ and one foot, - ~,000 for los~ of one han~ or one fool or - ~2.~00 fo~ the total and ~ermanent loss of sight in one of a foo~ msans zhe comDIs~e an~ ~ermnnent removal of ~he fooz at or a~ove ~hs annie. The maximum amounz we will D~y for all ~odily inj~ies including denzh for any one eligible person arising ou~ of n ~r accident is ~10,000. But the most we will D~y for multiple ~niuries aHsino out of any one ac=iOent is the highest amoun~ applicable to any one injury. ' If you die, Davment will be maOe zo your s~ouse if he or she lives with yo~ If your spouse ~oes not live wi~ you, Daymen~ Will be maae to your es~a~e. The death benefit payable for anothe~ eligible person will be-~aid ~o the name~ insured if living. Othe~ise, the ~a~ benefi, Will'be paid ~o-the eligible D~on's BENEF~ ~ We wil~ Day an eligible berson Seoa week, for up to 52 weeks from the ~ate of the acci~en;, while he or s~e is totally an~ continuously disabled from the a~:iden:a~ bodily inju~ if the eligible person: - ts gainfuliy employed on ~~basis at'the dine of the accident; and - ts to~ally eno ~on~inuously disableC for at least 20 aays after ~ne a~ciOent; and - ~eQuires medical treatment ~uring t~e Derio~ of disaDili~y; and - ts not enti~le~ to BENEF~ A payments. We will Day an eligible ~erson ~30 a week, for up to 26 wee~s from ~e ~ate of ~he ac¢iaen~, white he or she is totally an~ continuously disable~ from the accidental bodily injury if the eligible Person: - ts not emDIoye~ at the time of the acciden% but Droviaes ordinarT and necessary househol~ services; an~ , - Is totally and continuously disabled for at least 20 ~ays after the acci0ent; - ReQuires medical treatment ~urin9 ~ne perio~ of disability; and - ts no~ en~izied to BENEF~ A payments. -6- KX H ]'~pT'~ 04/17/2002 13:19 215-658-5783 Prudential Financial April 17, 2002 M~rcus McKnight, Ill Irwin, Mdinight and Hughes 60 West Pomfret St. Carlisle, PA 17013 PRUDENTIAL P&C Prudential Property and Casualty Insurance Company Horsham Claims Office P.O. Box977. Homham PA, 19044 Tel 215-658-5753 Fax 215-65&5703 PAGE 81/81 Claim Number: 46S14099-12072 Insured: John D, and Theresa M, Perkey Claimant: lohn D. Perk~y Date of loss: 9/15/95 Dear Mr, McKnight: We have reviewed the facts smrounding this lo~s and must advise you that your client's policy would afford him no Uninsured Motorist coverage for this accident. Under Part 4 of the Car policy Uninsured Motorist Coverage is provided to an i~ured while using their own car, while ming a non-owned ear and if hit as a pedestrian by an unlnsumd vehicle. A car is defined as '~a private passenger automobile, station wagon, jeep-type, van with four (4) wheels which is designed for used mainly on public roads. A pickup track with four (4) or six (6) wheels and a ~oss vdfiele weight of less than 10,000 pounds which is designed for use mainly on public roads is also a car..." There is no covera~ under our policy therefore this company's cmtsent to settle the claim of Mr. Perkey is i~ot required under these facts and circumstances. Feel free to call me with any questions at 215-658-575~. Please be advised that due to an unforeseen conflict of interest the ~e will be transferred to Michael Scheib of the Law Firm of C-riflith, Strickler, Lc, man, Solymos and Calkins. He is located at 110 S. No~J~ern Way, York, PA 17402-3737. Sincerely, Carol Depman Casualty Caseworker VERIFICATION The foregoing Complaint is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, info~nmtion and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. ~HN D. PERKEY Date: ~1'~,~ ~' ~ CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, do hereby certify that I have served a true and correct copy of the Complaint upon the Defendant, Prudential Property and Casualty Insurance Company by first class United States mail, postage pre-paid in Carlisle, Pennsylvania upon the following: Michael B. Scheib, Esquire Griffith, Strickler, Lerman Solymos & Caulkins 110 South Northern Way York, Pennsylvania 17402 Dated: July 5, 2002 IRWIN, McKNIGHT & HUGHES Marcds A. Mcl~ntgm,~squ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN D. PERKEY THERESA M. PERKEY, his wife Plaintiffs VS. PRUDENTIAL PROPERTY and CASUALTY INSURANCE COMPANY Defendant No. 2002-1897 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF REMOVAL The Court and all counsel are hereby notified that on September i~ )?002, Defendant, Prudential Property and Casualty Insurance Company, by and through its undersigned counsel has removed this action to the United States District Court for the Middle District of Pennsylvania. A copy of the Petition For Removal is attached hereto. BY: GRIFFITH, STRICKLER, LERMAN, MICHAEL B. SCHEIB, E~QUIRE Attorney I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402 (717) 767-7602 Attorneys for Defendant Prudential Property and Casualty Insurance Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN D. PERKEY THERESA M. PERKEY, his wife Plaintiffs VS, PRUDENTIAL PROPERTY and CASUALTY INSURANCE COMPANY Defendant No. 200211897 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this I~--~ of September, 2002, I, Michael B. Scheib, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALl(INS, hereby certify that I have this date served a copy of the Notice of Removal, by United States Mail, addressed to the party or attorney of record as follows: Marcus A. McKnight, III. Esq. 60 West Pomfret Street Carlisle, PA 17013 (Attorney for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS I~icha~l B gcl~eib, ESQUIRE Attorney I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 Attorneys for Defendant IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA JOHN D. PERKEY THERESA M. PERKEY, his wife Plaintiffs VS, PRUDENTIAL PROPERTY and CASUALTY INSURANCE COMPANY Defendant Civil Action - Law No. PETITION FOR REMOVAL PETITION FOR REMOVAL FILED BY PETITIONER PRUDENTIAL PROPERTY AND CASUALTY INSURANCI' To the Honorable Judges of the United States District Court for the Middle District of Pennsylvania, Petitioner, Prudential Property and Casualty Insurance Company, by and through its attorneys Griffith, Strickler, Lerman, Solymos & Calkins and Michael B. Scheib, Esq. respectfully file this Petition for Removal and in support thereof state the following: 1. May 14, 2002 Petitioner initiated a declaratory judgment lawsuit in this Court against John and Theresa Perkey. The lawsuit is captioned _Prudential Property and Casualty Company vs. John D. Perkey and Theresa M. Perkey, Civil Action No. 1:CV-02-0819, (Judge Kane). 2. On or about July 5, 2002, Plaintiffs filed their Complaint in the Court of Common Pleas of Cumberland County. The Complaint involves a Declaratory Judgment matter. The amount in controversy exceeds 875,000.00. A copy of Plaintiffs' Complaint is attached hereto. No further proceedings have been filed in the state court action. 3. In connection with the existing federal court action, Perkey has filed an answer to the complaint and a counterclaim. The counterclaim contains the same allegations that are contained in the Complaint which was filed in state court. Perkey's counterclaim was filed on August 9, 2002 with this Court. 4. Mr. and Mrs. Perkey are citizens and residents of the Commonwealth of Pennsylvania. Prudential Property and Casualty Insurance Company is a corporation in the State of Indiana with a principal place of business at 23 Main Street, Holmdel, New Jersey. 5. The lawsuit filed by Plaintiffs Perkey in the state court is a declaratory judgment action and alleges that Defendant Prudential Property and Casualty Insurance Company must provide underinsurance coverage to Mr. and Mrs. Perkey. This Court has original jurisdiction of the above-entitled action pursuant to 28 U.S.C. 1332. The action may be removed to this Court pursuant to 28 U.S.C. § 1441 (b). 6. Petitioner represents that it will pay all costs and disbursements incurred by reason of the removal proceedings herein sought should it be determined that the above-entitled action is not removable or that it was improperly removed. 7. This lawsuit is similar to a lawsuit which is currently pending in the United States District Court for the Middle District of Pennsylvania, Prudential .Property and Casualtv Insurance Company vs. Perke¥, Civil Action 1 :CV 02-819. (Assigned to Judge Kane). 8. The .Prudential Property and Casualty Insurance Company vs. Perkey lawsuit which is currently pending in the United States District Court for the Middle District of Pennsylvania is scheduled for a Scheduling Conference before Magistrate Judge Smyser on September 20, 2002. 9. Petitioner requests that this matter be removed to the federal court. Subsequent to the removal, Petitioner will file a Motion to Consolidate this matter with Prudential Property and Casualty Insurance Company v. Perkey, 1 :CV 02-819. WHEREFORE, Petitioner prays that the above-entitled action be removed from the Cour~ of Common Pleas for Cumberland County to this Court. BY: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS MICHAEL B. SCHEIB," ESIQUIRE Attorney I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 Attorneys for Defendant Prudential Property and Casualty Insurance Company IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA JOHN D. PERKEY THERESA M. PERKEY, his wife Plaintiffs VS. PRUDENTIAL PROPERTY and CASUALTY INSURANCE COMPANY Defendant Civil Action - Law No. PETITION FOR REMOVAL CERTIFICATE OF SERVICF AND NOW, this ~ of September, 2002, I, Michael B. Scheib, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Petition For Removal, by United States Mail, addressed to the party or attorney of record as follows: Marcus A. McKnight. Ill. Esq. 60 West Pomfret Street Carlisle, PA 17013 (Attorney for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Mibhael B. Scheib, ESQUIRE Attorney I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 Attorneys for Defendant JOKN D. PERK~Y and THERESA M. PERI, Y, his wife, Plaintiff V. LN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 2002-1897 CIVIL ACTION PRUDENTIAL PROPERTY AND: CASUALTY INSURANCE : COMPANY, ' : Defendant : .NOTICE TO DEFENI~ 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, order and notice are served, by entering a written appearance personally or by attorney and by filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that'.if you fail to do so the case rnsy 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 fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse, 4th Floor Carlisle, pa 17013 (717) 240-6200 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For haformation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our of-flee. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. JOHN D. PERKEY and THERESA M. PERKEY, his wife, Plaintiff ¥. PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, ' Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No.: 2002-1897 CIVIL ACTION .- COMPLAINT AND NOW, this 5th day of July, 2002, comes the Plaintiffs, John D. Perkey and Theresa M. Perkey, his. wife by their attorney, Irwin, McKnight & Hughes and makes the following Complaint against the Defendant, Prudential Property and Casualty Company: 1. The Plaintiffs are John D. Perkey and Theresa M. Perkey who are adult individuals who reside at 328 Pine Grove Road, Garctners, Pennsylvania 17324. 2. The Defendant is Prudential Property and Casualty Company, an insurance company which does business within the Commonwealth of Penn~ylvania with its regional office located at 2101 Welsh Road, Dresher, Pennsylvania 19025. 3. The Plaintiffs, John D. Perkey and Theresa M. Perkey, his wife entered into a contract of insurance with the Defendant, Prudential Property and Casualty Insurance Company which was in full force and effect on September 15, 1998. A complete copy of the Defendant's policy is attadheit'heret0 and mafkei:l as- Exhibit"'A~" and is made a part of this-Complaint: On September 15, 1998, the Plaintiff, John D. Perkey, was operating a tractor trailer combination for his employer, ABI: Trucking and Mr. Perkey was involved in a vehicle accident when the rear wheels of another trailer broke free and became lodged under the tractor being driven by the Plaintiff. 5. The accident occurred on the Pennsylvania Turnpike west of Pittsburgh in the predawn hours and the tractor driven by the Plaintiff, John D. Perkey, was forced off the Turnpike onto the berm of the highway. 6. In the accident John D. Perkey sustained serious injuries to his neck, back,shoulders and right knee. The Plaintiffs seek recovery of their damages for pain and suffering, medical expenses, lost wages and loss of society as a result of the accident. 7. The trucking company of the trailer which lost its rear tires was in.~ured by Reliance Insurance Company. Said company became h~solvent and was liquidated by the Commonwealth of Pennsylvania. 8. The Plaintiffs have submitted a claim pursuant to the un/nsured provisions of their Prudemiat policy for the Uninsured Motorist Coverage provided by the Defendant. The Plaintiffs have total coverage of Two Hundred Thousand and 00/100 ($200,000.00) Dollars pursuant to the policy of the Defendant. By letter dated April 17, 2002, the Defendant refused coverage of the Underinsured Insurance Claim citing policy language. A copy oft. he letter is marked as Exhibit "B" and is attached to and is made apart of the Complaint. COUNT I Breach of Contract and Bad Faith John D. Perker and Theresa M. Perkey, Plsi~ntifi.~, ¥..~. Prudential Property and Casuo!tv Company, Defends~_./ 10. The averments of fact contained in Paragraphs one (1) through nine (9) of the Complaint are hereby incorporated by reference and are made a part of this Count. 11. At the time of the accident the Plaintiff, John D. Perkey, was employed as an over the road truck driver for ABF Freight Carriers, Inc. His employer is seLf-insured and does not provide protection against uninsured motorists. 12. The Plaintiffs believed that the uninsured motorist protection provided by the Defendant, Prudential, would protect him when he is driving other vehicles whether they were rented or due to his regular employment. The position taken by the Defendant, Prudential, that its policy does not cover the Plaintiff when he is driving his employer's vehicle is against the policy language of the Prudential Policy and a breach of the contract between the Plaintiffs and Defendant Prudential. At the time of the accident the Plaintiff, John D. Perkey, was not driving a '~vehicle for hire" but a commercial tractor trailer which was not specifically excluded from coverage by the Defendant's Policies of Insurance. The attempted inclusion of the commercial vehicle driven by the Plaintiff, John D. Perkey, at the time of the accident, by the Defendant, Prudential, is contrary to law within the Commonwealth ofPennsylwn]a. See, Pr~de~tial Propertv and Casualtv Insurance Compa~r v. Helen S. Ziatvkj 302 £D.4 200I in-which [he Superior Court found the same exclusions were contrary to law when the insured was operating a rental track. The failure to promptly pay the Plai,~tiffu,~nsured coverage in the face of legal decisions constitutes bad faith by the Defendant, Prudential Property and Casualty Company. The Guarantee Insurance Fund from Michigan which is now defending the third party action brou~,~ht by the Plaintiffs requires that the Plaintiffs exhaust the underinsured coverage of their own automobile insurance before any payment from the Fund. 18. The failure of the Defendant, Prudential, to pay the policy coverage constitutes a violation of the implied contractual duty of the Defendant, Prudential, to act in good faith. 19. The failure of the Defendant, Prudential, to pay the underinsured coverage provided to the Plaintiffs by its policy constitutes a violation of 42 Pa.C.S. Section $371. The Plaintiffs are entitled to punitive damages, attorney's fees, court costs and interest as permitted by law. WHEREFORE, the Plaintiffs respectfully request that the Court enter judgment against the Defendant, Prudential ProPerty and Casualty Insurance Corupany in the amount of Two Hundred Thousand and 00/100 ($200,000.00) Dollars with reasonable legal fees, punitive damages, court costs and interest permitted by law. COUNT II Declaratory Jud.omeut Action John D. Perke¥ and Theresa M. Perker, Plaintiffs Prudential Propertw and Casualty Comlaanv, Defana,,nl 20. The averments of fact contained in Paragraphs One (1) through Nineteen (19) are hereby incorporated by reference and are ruade a part of this Count. The position taken by the Defendant in refusing underin.~urance coverage to the Plaintiffs is contrary to law and public policy. 22. The judgment of this Court in this action will serve a useful purpose in clarifying and settling the legal issue in this case. 23. The Plaintiffs seek an Order of Court declaring that ?mdential is liable to the Plaintiffs for the payment of its Underinsured Motorist Coverage pursuant to the damages sustained by the Plaintiffs in the accident on September 15, 1998. WHEREFORE, the Plaintiffs seek judgment against the Defendant, Prudential Property and Casualty Insurance Company declaring that it is obligated to pay the Uninsured Motorist Coverage to the Plaintiffs as a consequence of the motor vehicle accident of September 15, 1998. Dated:~,~O~ ~ Respectfully submitted, IRWIN, McKNIGHT & HUGHES ,M~.arcustAf ~Ivl¢.._I~_ig~, HI, Bsqulr~ Attorney I.D. #25476"'-~_.__--~ 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Plaintiffs operty~ar~d Casualty. insurance Company ;nam! irtsaranca. Ctrm.Da rty ~mrnercial insurance Cern=any ~a/23 Main Street, Holmc~s{,' N.J. 07733 ,car i ~-ABE= 'O~:CONTE~T~' GENERAL PROVISIONS THIS' ;POLiCY IS:' A'CONTRACT.. ': '~ ' "' "2 AGREEMENTS BETWEEN YOU 'AND US "- ' 2' DECLARATIONS ' ' ":::" ':::' ' " ' ..... 2 ENDORSEMENTS': :..' :'..':.. :. ',:.,." 2 PGLIOY ARE/~-,- ?' :'. ?".' ,' ..."~,... : ..... ~::, ', .2'. P(~DI21C¥:.PERIGD :. :'.' .... '""" ....... LIFE~.'IME. RENEWAE'?AT:AGE 65' ::' -" ~RMINATION .:'"" '~ '.'3:'., PREMIUM' PAYMENT · ' POLICY CHANGES · ..... LIMi%OF :CO'RAGE-.' ' . .. "' "': ...... "-' O~:O~S~I'¢~b~R~'.: ':. ~.",'?. ~:... ;,¥: ¢...,: ,.;: 5/. IF YOU I~U~ OTHERS 'OR DA~A~ DUR OBLIGATIONS TO. YOU ...... · .... 6. yO'DR .OBLIGATiONS",TQ':'US :: ;-;,... ".: s' [NSU D' '.'. :: ".' -OSSES'WE WILL NOT.: ~AY'FOR ' HOW WE"WIlL S~::A'"~IM ' : ': '"'":' 9. ~A~ 2 MEDICAL PAYMENTS. IF YOU ~ I~UR~ IN .A CAR.ACCID~T"~"9 DU~ OBLIGATiONS-TO ~O~ ......... dOUR OBLIGATIONS TO US' ': = ~HAT' CARS ARE'COVERED '~: ':~ - ~HO IS INSURED ' '"' '~0 .OSSES WE WILL NOT PAY FOR ~:-, ~OW WE WILL S~LE A CLAIM Page PART 3 COLLISION &. COMPREHENSIVE. IF YOUR CAR ISDAMAGED OR STOLEN 12 OUR OBLIGATIONS TO YOU ' .. 12 YOUR OBLIGATIONS TO US 12 WHAT CARS ARE COVERED 12 LOSSES WE WILL NOT PAY. FOR.-' 13 HOW WE. WI LL SEq-TLE A CLAIM ~ Prudential Property and Casualty Irm~ra~¢~ Company Prudential Genera; Insurance Company Prudential Commemial Irmumnce ~ompany Sub~ao,arm_s ~ Tha Prucisntfal In~Jrance Cccn~any of America Corpo~e Office/23 Main Street, HolmdeJ, N.J. 07733 3EFINJTIONS 'he words defined below are used throughout the policy. 'hey are ~Ddmed in bold type and the definitions ShOWn ~ext to them apply. IODtLY INJURY todily injury, means bodily injury, sickness, disease or loath suffered by a person. , car is aorivate o~asenger aLE0mobils station wagon, -~ep-type, orvan.with four'wheels wn~on is designed for se mainly on oubiic r~ads...A' pick-up truck~wtth'four Dr ~x wheels cng a Icao caoac~ of one too or less rs also car. IOUSEHOLD RESIDENT: household resident ~s' someone. ~vho. lives ~r your Dusehold. A household resident includes a resident IOTOR'VEHICLE motor vehicle is'a self-Drooelled land vehicle Which reuuired to be registered ano licenser~ Dy the laws of 3ur state for use on ~)ublic roaas. ON-OWNED CAR . " no'owned,. =ar is a .-ar which is not o~/neo byl glstered in the name of or furn~sl~ed or available forms .g u Jar orfreq uent use of you'or a household resicJent. FIOPERTY DAMAGE .'oPer~ damage means damageto pn.vsicai orooerty, =tuding loss of its use. ESIDENT REL~TI.VE resident relative ~s someone who lives in your ][Jsenolo and is reload toyou Dy olooo, mamage, acoD- ~n or is a ward or foster child. :3U OR YOUR ~u or your means the person shown as the named n- .red onthe Declarations ofthis l~olicy, ano your spouse. ~e or She lives in.you~ household... ..... ~E, UE, OR OUR '.. We, us, or our means PruaentJal Property and Casualty Insurance Company or one of its suOsidJarJes as shown. on your Declarations. GENERAL .PROVISIONS.:· THE POLICY I$ A CONTRACT This uolicy ~s a can~rac~ Dezween you an0 us When We refer ZD ~ne oolicy, we mean this Booklet y~ur Aoolic~ tion your most recem Declarations.and your Endorsemems. , ~ AGREEMENTS BETWEEN YOU AND US ' In exchange for premium paid, we agr~ ~o l~ay for ioss~ as covered in this policy. . ..... -. By acceDtthg this ~olioy, you agree that on your Application are true ano correct. Thi~'oolicy.is issued relying on the accuracy of these sta~eme~..This. oolicy contains all the agreements that ex~st Detween.yo~ anous. You will immediately notify.us of'any cnanue of address. ' - - ' DECLARATIONS:. "" " :;'~ ..... The Dec~arations is an imoortant Dart cif this'~o)icy, it listS. me named insured' and aescribas..l'ne cars this policy covers. Flefer tothe Declarationsto see which parts ortho.. Doticy apply aha what amounts of insurance'you..hav, e.i' . for each of your cars. You only have the coverage for' Wbic~: a. speo~c, premium' charge lis shown, fc~r ihs':' coverage. YOu will reoaive a Declarations when'the policy is first issued, each .time a change ismade and at'each'~ .' renewal. :'.,:..,:-,.' ~:...'...- -: ., .~: ..... ENDORSEMENTS:""~' "' "' '"'~'~ ' .... Endorsements are a part Othi~ oolicy: The~ adat~i'delete,'''' or change parts ortho ~olicy. They may De necessaw to cont8rm to the laws of your state orto r~ew.orogram~ nave Imolemen[eo..Only those Endorsemems..wnose numDers anuear on the Declarations are a san of your policy. POLICY AREA ' ":' United'States,'P~erto Rico or Canacla This oolioy covers accidents which occur in the United States of America. ~ ~erritodes or oossess~ons, Puerto or Canada or while a car ~s being zransoor~e¢ o~weer '[~ese olaoee, Oaraccide~sinMexcoaresuDje=to.t, .~otMexice oaly -- NOT the laws of the United Sta~es of America. ~ nli~ the Un,ed St~es, the Repubtio of Mexico considers an a~o ~cident a CRIMINAL OF~NSE B welt as a civil IN.SOME CA'SES~ ~HIS .CQVERAGE ",' ~' - ~COGNJZED..'By,. M~ICAN AUTHORITIES AND %HE COMPAN~.MA~.N.QT BBALLOWED TO IMPLE- MENT THIS. COVERAGE AT ALL IN M~ICO. SHOUED "CONSIDER 'PURCHASING' COVERAGE FROg 'A LICENSED MEXICAN IN. SUR~NCE~COMPANy ,BEFORE DRIVING'INTO' ~e cove~gesf~r your insu[ed car pro,ired by,is =olicy ~re e~ended to accidents occurring in Me~co.wbh n 25 ~Jles of.the Un,ed '~es border. ~is e~ension only ~iiesfor inffequenttrip~into Mexicoth= do not exceed eh.days at'.any;one ~ =' ....... . .. ' 2. To any person insur~ ;Oh~e~'~iS~oliC~ Wh~'d~eS : : ~is.paE~ we. ~ll pay on y ~ooe 'd~a~eS thru are '. e~ess 'over. '~ou~ 'pa~le-:under ~ther.. . .. ~olen. We ~ I pay osses under PART 3.CDL, :;.:=states 'n~i~Me~ico. if your nSure¢ car sd~a~ :'" "odin Me~5~' yo~ mU~'r~m ~to the ~n~ed ~as . . .to be fep~red.l~your nsured~r mumbo reputed ;:¥, in MexiCein'Ord~r to ~e;~dven,,.we. Mij n~ pay more th~ ~be ~oU~.~ WOul~ c~to have ~es~ made ' at ~e"neare~ ~'di~: ~;~e;"Un tee st~eSJ' ' )LICY PERIOD:.:.' ' '=; dod. This perJ~d"s Sh~wn"~n'the Dec ~m one" LIFE'~IME RENEWA~ 65 We.will not refuse'to renew or continue this poJicv' Jf you have had car insurance with us continuously for'at least 5 yea!s on the fin anniversary daTe.of this policy (or any renewal er replacement clot) following ,your 65th birthPay. But, this agreement does not aDply ~: 'i. You fail to-Pay a premium when· required. 2. You are notthe principal driver cfa car described on the Declarations. "· 3.. Your driver's license or that of a household resi- · dent (or an)(i2erson who'regulady uses a car in- sured' under this policy) has been Suspended or "" revoked during the current'pr~Jicy period Or within 12 months before the beginning of .the current 4. The Corrected vision 'of'yoUf'b~tef eye;o~that of a household resident (or any persorf who regularly '. :"= .uses-.e ,car,insured. under, this':.policy)~fie~ lees'than:. · : ':.. 20/70. Nor. doesit aPp yifthe visua form field.of you. eons hav~'reacfi~he age.c~' 72tend do no('gi~e' US; :on; request; a rfl¢~liEal'rgpoitfrCm alite~j physician stating? age 72 meets the requ rements'g' van aboVe;"and · 2: ,That, in. the, .d0ctor's, bpinion,, you.. Or ..they are~ ..:,,,~ .,.physical¥ and mentally~ corn potent to.d five saiet~.' w.¢'will not'rec~ue~-tthese medical-repo~ts'rnbre than once. every three¢.~ears. But; after you: or.other drivers reach the age of 80, .wecan request these r. eports every year; This' agreement: E~P¢IieS' only'to cars."d~scribed..in .this policy~ This agFeement stops.as of-the.effective da~e of any. other~ oar. insurance which ap plies to.'a :ar. described on" the.Declarations, but onty for those.coverages provided by.the, other, insurance CancellatiOn Ely Insured L'If you,wa~ to' 8entel this policy, no~/'Us.in~writin~ of the future date on.which you want it. cancelled or, return your policy.to us. I~ a ref'.und is d[~e it will ~e based or~ our stent' ~ '. ,me Table. The.premium refund will be sent to ~,_., ~s soon as prac- tical after we receive your notice of cancellation. Cancellation By Company -. Ifwe want to cancel this policy and it h~s b_~en in effect for less than 60 days,' we wili send a written notice.before .it is canceled. After this policy has been .in effect for. 60 days, we will cancel it if: .. 1. You do not pa~y a premium 'or. premium jnST~Jlment by the date clue. 2. Your dnver s hcanse m under suspen~on or re~/oce. tion during.the policy..pefiod...This applieS' to any driver living in your household crony driver reouiariy Using VOl,Ir. Cai' 3. The policy was obtained through fraud or'material r~:srepreser~tatio.~.,..Cj:hJs does not WaiVe our right Wa'will.mail.the cancell~on noticeto the,namecUnsured atthetastaddress shown onthe policy. We and you agree tha~ a proof, of mailing.of, this notice is sufficient proof that you were pr. opedy no[iEed We will keep or]tytheprem um ~'.the:~r~e the pohoy,...was !neffect and we. will refund any. pra~ca/. Co~e~a¢'g~"~d~ ;~r~ the date'~hoWn' ~n the Writ; ten~O'dee,'.r~o[ .o~!..~'~'¢~aj:~:y0~' gaf the;~¢~imium"refund N~nrenewai Ely C;ompany--If 'wedecide notto'~-enew this'.p¢lisy, 'we,;~ill. send.'writ~e&:noti~e:t0!the nan-~ed:;in- cured: We'W~II e~ri~d:the' noti¢~.~6 the:la~cC~"8~dFes~ ~hown on ~e- po cy., We. a~d .yeu agree that the mai ng .of this¢ notice, is,proof that.you:;were.prop~y.nolEie¢,..:=..:~. continue Ibis. poliO~,and you, do nm. accept-it;, coverage:' · wil! stop'ortho.and ¢.the current policy penod: Yourfei ure-: to paythe renewa~premium by.~e:date due indicatesyour' Automatic Termination --'If you insure' any by this policy with a policy issued by some other.insurer, coverage on.that ~ar under thi~ po cy W [ stop.as ·of. the: effective da~e and. time ofthe other nsurance ..' ' Other Termination Provisions'--'Weiwi]l comply With the laws in your state: 1. Reouiring a s- '~ qce pericr::; 2. Re~u]nn~ a sD~,cieltyFe of mailing re~u~remen?.; or 3. Jmooslng re~n~lons Dn ~Re reasons ~r uon or nonre~ewaJ. PREMIUM PAYMENT You mum Day t~e' cranium Dy the date cue. - paY~ne cranium Oy~e d~e showr re.any premium no[me SeE[D you wilt'result ~n ~e~nA[~on. Ift~e'BremJum. is pa~o Dy check cromer ~n~rument, and ~ is no~ nonoreo_ itwill De considered as.a'~Jure lo pay the orem~um-.. Changes.made:to your policv'durJng the molJcy'perJod; may result in premium ao)u~r~ant P.O~ICY CHANGES ...... Noch~hges ~aff ~e'ma~':~ny p~ dfthi~'policy exce~ Dy Endorsement·issued by us, ' - - ~e te~s ¢~is ~oticy are a~oma~c~ly, changed to·con- fo~ to the laws of the ~e in wn~cn.yO~Jive ..... We will ~om~c~Jy giveyou.~e ben~.¢ any.e~em' sio~.er-~roaoening.of, this ~olicy. This.only.appl es ff~e cnange.~s n~'require.a~d~on~ premium If during ~e policy ~e~.a:pe~on not li~ed on,the'poli~ beginsto dri~e ~ car or =oDs dn~g.a ~r snown.=~ ~e Dectamfinns, .youare.[equ red ~o immed atomy i~o~ us ¢~is dbange..Tn~ ~p.co~r~e ~remium ~ju=u[ e~ will DP m~e ~rom tbe. o~e ~e opera, pr ~us cpau~s dur- , d...,.In acarth~is.insured by~ Spo.~,,~e:~ not ~-.'.. pay. more.than .the.~mb ¢ coverages for. th~ .... Dar- '2·' ~'~'~rth~!~.~¢( insuree';b~.'thi¢'~i~'or ~ile .' pede~ri~ ~ we ·will not pay more ~' ~e limb ': ef'C~q~s ~hioh. yOu have·'~ an~ one of your · Ca~. "' ............. . :.~.. Thi~ limit bf coverage aSbli~s mgarS]~SS ~'~'he nu~r of'~oiicies,'.'insureds, insdred cam. claims made,'~[ cam involved ih the ~lDen] or loss. Dover~ges on other cars insured .by us. cannot be, added .to ~- a, ¢ on' coverage of the oan~cuJar car ~nv'ol ASSIGNMENT This oolicy cannot'o=~ assigned to anyone v~thou~ our ~en aoorovai. ~ut. ~ the named ~nsureo dies. ~n~s will orovi0ethe other oersons-~nsureo oy.~n~s ~olicy eno the iega~ remresent~Jve.of~e e~e Cbuz on~y.~ile a~ing as SUCh) ~h the sa~e coverages un~lthe end Cme ~oi~cy oenoo. Until a legm represenzaWe ~s ao~ointed, anyone who n~ prober cu~ooy of the =ar ~s covered ~ if he or She w~ a resid~ relative ' ~ANKRU'PTCY _. ,if.an insure~ Decomes, bam(rupt or insolve~ ~unnG the policy.te~. ~ ~oes n~t a~ec[ me AGREEMENTS TWEEN .YOU AND US. ' .OUT-OF-STATE ~OV~GE polioyw the reuuiremen~ of ~e la~s ~nite you are :)i~or coverages ~an ~ro~ide~'by ~is policy. B~ t~se. limks.an = ~5~er~ges~ill ~be; reduced to'~ e s~e~. that~e~ is ~y ~hsr v~i~ ~o cdlle~ble insurance ~ich ~plie~'to ~e ~oss: Under no circu~nue ~il~.anyone receive.dup ic~e 'P~e~;for. the s~e ~s . 'ha~e a~r accid~'offloSs:,':~sy.'or so~eone~ng for the ~Ccide~ o~JpSs ~pe~ed, ~e~aRd,a~resses of .pedp ~' involved ~esses' a~d any'in ~ or-damage ~ending any loss or sue Cooperation'includes a~ending he~ings an~ tn~s, helping in suing WhO are rest-- '~it "~r the accident. 2iwng ev~Bence eno 2in~ .~ g~ wrmesses to'attend -a Ina ~. Jm~eol~ely send u~ any notices or ~eDal rece~veo Dy mere or'their legal representatives in ~ ~eex~]neODyOUta~orsfort~eJnnjunesas~en as we' reasonably reouce. 5. Give u~ wr~en' oe~ission to ob~n ~pe~r 'and omermleva~ recoros.- ' 6'; Gi~e'uE~en oroof o~ir loss ~n ing;any re~evan~ informa~on we~reaue~. 7. Give us'a ~ammem un~er o~ w~in 30 days our-request. 8: Repo~ ah~ eno run ~cioe~.or 'losg~o ~e oolite ~hin 24 hours. 9. Allow u~ ~o ~ns~ ~e ~r ~We ~Ue~ k. :"Win will'noz oay forbsses ~ich are.'s~iea~:.~hu~ Our ~ke ~l~na~ly makes any Pa~;"~sumes any oblig~ons Bi iBcqa.~ny ~a~eS,.e~ep~ for.flint ad t0 ~em at~e scene Cthe ~cfoen[, we will not be're~pom ;Bible.for re~m~ursemen= . .,..,;':'",.-.-,.,.; ..... Tm~ Ag~m'e~t ~ Whe~ we pay for a Ios~'~nder ~poli~y, we eib e~ed tu~e ~ouawe'pa .~,~e pr~ responsible pa~. When ~l~wed by law, ~ are e~led to rel~d cSl'le~n'.expenses " . :. ,. ,.' ..... '..::t,~... ,, .... ,:..... :,. -. '~,..'. t, ~orney a~d pay ~J ~elated co~¢~n'¢'~S. Righ~ Of. Re~ -- When we pay for aoss under becom~oum UP;te, the~amount we hEv~ pad; k~one ~nsured under this. Boticy'mu~: ...... .: 1, Not i~edere ~h.od~rights. to' r~ver; 2. Do .~azever is necessa~.to.he,p us recover the am~um we pa d ' ..'..': · Acleiitional Duiies If your Oar, Is '"~rn 'J Or'Stolen -- If your~carJs ~aged'a~d it ~v~,:d unOe~ Pa~ 3, ~ou must pr~ectthe car from iu~her damage..We will pay any reason~ bls co~you incur doinD this. You may ~ required to snow usthe O~aged. propeAy b~ore ~s rep~r and give ~ a ~atement under oath. tfthe car, is ~ole~, you mu~ repo~ ~to the police and us wbh~n 24 hours a~er' discovery of the the~. This. is no~ s comolete.and valid comr~ w~ho~ an APPLICATION ~nd DECLARATIONS-Dropeny filled out Prudential, Property"and': Casualb/Insumnce,:Company ' Secr~ta[y. , ,- Presid~, Prodigal General insurance Company S~cr~2. Pr~sid~ ;DAMA : HEIR::P PER. OUR~OEIIglGA~T;161NS:'.T,O.::.'~OU:, .(PA:R.T 1..) E~ DAMAGE COVERAGE):. ..... tf yo~' h~'t~e~ coverage~ (~ee th~ D~l~ons), we will pay uD to our limit of li~bili~ for bodily i~ju~ ~thers an'd prop~,"',¢ ~ 'age that'an insured is lega-": ly obligated to p, Fi', ,~dily injury and property · . damage must: 1. Result from an accident involving a ~ar.insured under, thcs.part; and 2_ Be covered underthis oar[. NVESTIGATIO N,' SETTL=MENT AND" 'i~ L-'GAL DEFENSE If persons claim an msureo caused them bodily or property damage in ~ne Bcs[oer~. we may ~r~ ves~ga~e, and settle or dsfeno any c~alm covered uno, er t~s cae in the way that we cJec~oe ~s apprcpna~s. ' If suifis proLight on a claim cevered under this par~,' we Wil defend an'insured 'a~ our exoenss with attorneys Our obligation to defeno a"'claim Or s~Jit e~ds-'wn~.~e ha~Je octal'the appli'cable limit of liability for'.damages resulting from the':accident. - :. .~..~ ADDITIONAL ~AYMENTS ':{'{ ' :~ In a:ddition to'an~ amount:in the I~IMIT-Oi='LIAEilI~iTY section, we will pay the costs listed be o~..... We w~ll.r,lmburee'anyone insured under.th s part .to, the oost.of..Immedlateand necessar, y,,fJrst ald,~ .'~0,ott~ers at the:scefie. O¢ tHe.auaident inv')' v often ~cident..involving a ca~ iasured"unQer,-this ¢~:',:'DaA."we-w r. eimbu rea. uD to-~250 fo~the..ce'st -, ,,. a~baihbon¢.,Zhe~insure.d,mu~ first.get t~.bond '" 'If a~ a re~utt of ~n accident an insured'~ is &~ched"by. couA'order;'.we.will'reimbur~.tne '~ premium of a bond ,chained to release, that t~chment. The amount.'~f,the bond,we pay premium .for Can~¢t be'more thap our.,lim~ ~f,~ · ' Po~t-Judgmentinteres, Jf we are obligated, to pay the amount of a judg- ment. we will pay scsi judgmen; ~n~eres[ on [nai DOrt~on of the juogmen~ maris w~n~n our limit of abilJ~ Our dutv~o Da~/int=r=~t =n~s ~nen we pay, offer ~o pay or ~eBesit wlt~ ~e cou~ · Cou~ Costs if we provide a ~sfense we wJJ. payan insured's · ::~penses 'We will pay reasonable costs connemeo with the oefense of an in'sureo mcurrec a~ our request. Jf we asK'an Jnsureo[o[aKe~me offfrom work, we wJJ, Day up to $50 per =ayfora~tu~ n~ wages · Appeal Bonds if we decJae te appea the c~e to a h ~ner ]i~ed.in.~b~;''GE~EBg,~RO.VI~IO.He: section: ........ ACTION'A~i~ST'US..' ;:~.:' ..:','-. :: .tion ag~n~ us.u~fil'aE~bj~g~ions.under this policy have peen ~JfilJed. Also, you mu~.w~ u~il ~e amount, of the se~lemem nas been dete~ined., ~,"',..'; ........ dete~inedby, a c~u~ o~by. ag[eement betwee~'us'.'&nd.t~e per,on m~king.~e cl~m. Mo. per- son ~s entAled, to.inc[uce us .m any. e.ga a~ on'age Y~u. No one insured' unaer this pa~ may assigB"h s ri~htste another or involve us in a suit as a defendant. ~is. Pa,'co,em. ~ for ~icn a Dremium"~har0e ~er ~ese cBverages is shown on the Dect~A~ons; REPEACEMEN~ CA~S~' If you ~qu~m o~e~nip ~a carm ~DJ~e'a ~ covered under mis pa~, t~e new~y ~ouired car h~ ~e coverage as.th~ ~ Yo~ must'noSy.us of the replacement within ~0 says after you acsuir~ thecar. Tor coverage to continue abe- 30 says. ADDfflONAL CARS "you acquire owne~niD of anomer car those- described as covered unoer tn~s ~an tnls Ban covers the new car for ~ne fir[ 30 da~. The new car the s~e coverage.~ ~y of your o~er ~ ~nsure~ ut. A,~ your otSer =a~ mus~ De InSure~ w~h usfor IBIS D~.to cover the add~on~ car. You. mu~ Im:us..Know.~hi~ 30' days ~e~ you-acQ u~re owqemn~o ¢~e new car that you.want t, insuteg unoer this PaE,;fo( coverage to cont~n~e.a~eL3D oays.. S~BS~ITUTECARS - . ..... ..... If a ~r covered under ~is Da~ bre~ 0o~.¢ is bei~g.ser. ~ced or top,red, or is ~oien or oe~oye~, we will cover a car.you borrow [empo~adly ~ the.o~¢'s slon).w~iJe~Y0uc.~r is beiaD top,red o~ replaced,..This ~r cann~ ~ oWned by yo~'or a household mside~. °~ed~ar;' ~e":owner'mu~.gi~e peri.ion to use '~. The'n~n-owne8 '~r mb~ be~sed in ~e' way.~ended By ~e"owser¢: ~is'isc~uaes. a-rentes ~r fOr'a- Period of us D 30 consec~ve oays(~The nO~-owned~car ~ the s~e coverage ~ ~y one of your ~m:ins~eo cover oeSigned'to'.be mourned:on :a'c~ o~raiter; Whe~ edto a =ar ~ Is considered to be one vehicle. ~ere cqvemge for. a.tr~ler, c~pe~ un~,. cap o~ s~milar ~ype.of ,cover White useo.~ a car not. insured.unoer.~ie. Da~ Aisc, ~ere is no PmPe~.Da~ge. coverage for. a ~ed ~miie[. c~Per ~nE, cad 0r. a~ilar ~pe of- coxer. WHO'll:INSURED (PAR- IN YOUR CAR ~INCLUDE~ A ~EST~T~TE CAR) You and a r~ide~ ml~ive are insured~ie~usin~ your car or a suD~t~e car covered un~r this'p~. ~her people.are-,insurad.wh e using.your..car or subs~e car co~ered.under this 'pa~ ~.you give them peri,ion to.use ~. They mu~ use ~e car in.the.way you i~ended. · .... . We insure a pemon or-orBan~ation:who may be held respire b efor ~ i~sured's,us: INA NON~OWNEDCAR' - You and a residsnt miMi~ m~'~ns~red while"usj~B a no~ed ~r, ~e o~er mu~give'pe~is~iCn to'use E..Jt mum.be ueed, in..~e way.i~ended by,the -C~RS"~OwN'ED'By,:HbuS~H'&~;RES~DENTs..: c~sed by ~he uang a ¢~ n~ insu~d u~r,~is owned by you or a household resident. c~sed b~you..o~.a:b~U~hoi¢:~ide~.u~nB a non- °Wned'~"~'n~sur~a.~de~iS p"~.;~gbJady beed by . ARS F~B;HIBE ............ ~.., .:,~.,..' ,.,,,:: :~- .:: ..,;~.~, .',...:?¢., :.: · caused by ~nyone using a:car, co~e¢~un~er,~ s,~ tD ca~.peop 8or p~ope~-for a f~;'~ s:d~s not include ~use¢rb~"an~bB¢ ~ing'a c~r'c~Sd'under'~iS '~ the;~r w~: ~iag.Ueed in ~Urg~eB r~ing,' ~d, demel~ion,e¢ ~ng"cU~est'or ~l~ed BUSINESS AND R~IDENCE We will n~t.pay for bodily inju~ or preP,~ damage arising o~ of the use efa ~r, trailer, c~per unb, cap or similar Ty'pe o, ~eing USed'or IOCe~eD ?or use e,g a OlaCe o~: L.,.~rne~,¢ or, BB. B DIBC~ 0¢ HOUSEHOLD RESIDENTS We ~li no~ ~By for ~dity injuW ~o you or a hou~hDld r~ident if caused Dy yo~ or a hOUsehold resident. WE will no~ defenD'you ada household resident any su~s brOUgh[ agatha e~cn other a~recuy or lndire~ly Dy ~ third Davy, ~OUR EMPLOYEE~' We will no~ pay f~r bodily'inju~ ~o"an employee of'~ yours while in the course ~f emDIo~enL B~.bodily :~ .injuw ~oa ¢~meBlc emp~y~ is c~vered unaer Dee ~.such employee is no~=overe~ ~e ~s no~ nave}~ ~ De.covered.un.er any.w~rker's c~mpensauon law, .dis~il~.law or s~milar law ~E~OW EMPLOYEE .(other ~an. you)'to a felloW emDlOy~ ~ e the 'is. _using a car in 'nas 8r her e~plwer's bu~i'~ess. .W~ will.not pay.~r bodily injuW. ~r pmpa~ damage caused by. a~y~ne ua~g. ~,nO~ow~ed' ~r tn d a~D business. ~amp~es of ~o busings are: !nD, rep~nng, sevens, ~odng'or '~so=ate ~e msuree ~ile" using~y~.¢.:your,cam. caused.' by anyone '1~ '~an =you?.oF.;.a¢ ~ent We will n~ pay for bodily inju~ or pmpe~ d~age. rebellion or ~evo~on. Aisc we will no~ pay for a Ioss:~ c~se~ Dy discha~ge'.:.of;any~ nucle~,.weapo~, ':e~en.:if We will no[ pay for bodily ~nju~'o[ Pmpe~.~amage caUSeD Dy anyone who:. . . ..~ 1..la an insuced un de~' a'nudear ear tiL . poiby; or 2. Wouldbe an insured unoer a nuclear energ½ liability poiicy'but for the exhaustion of ils limit of liability. CRiI~11NAL ACTS .We,will not.~ay fo~ bodily.injuw or pro~e~ damage caused Dy anyone ~JJe ~emp~ing ~o comm~ a came or zo'avo~d- arrem. INTENTIONAL INJURY OR DABAGE We will n~ pay for b~dily inju~ or pmpe~ damage which..resu~s from an ac~: '. That is intended Dy a~ Insureo tO cause qa~; or 2.. ~ an rnsured could reasonably.expect would ~is'~xc~u~io~ applies wh~her or n~{ a~ ~nsured int~. ed or expemed ~ne resu~s of be~r a~, so' Jo~g ~ ~e resuBng inju~ or d~age w~ a.n~ral ~onse~uence of we"~it[:,not,,pay.br 'd~ages ~sS~d'~"pun~ve, ex- .?]l-n~pay for any d~ag~ b p~o~ o~ed br ~ g'~mnsDo~ed by a~4n~ed ~rson. We will n~Pay br 3~age tD prope~ under ~e care ~ or rented ~'~ou 3r a hou~hold resident:. B~..~e¢~ill p~y. for. o~age o a'tesioence: or garage re~e0 to ~ou or a ~ident flOW:WE WI' L S EE "C IM;(PART 1) ~e'Jim~:~ed.:,un~er BODJE~ INJURY LIABIL~-.'_ ~CH. PERSON on,~e,,:Dec~ons is ~e limb ¢ our aSil~r ~l ~ages, inbiudihg.o~ ~r cam o[ ~ ~f se~'ces, adsing out ¢ bodll~'ihju~ to ~ne De~O~ as -:ACH ACCIDENT 'he limit staled unr~er BODILY INJURY -- EACH aCCIDENT on the Declarations isthe limit of our liability for all damages, 'inc/u c tges for 8are or Jog of services, arising out of uodliy miury as a resu/t of any one accident. ' LIMIT OF LIABILITY -- DAMAGE.TO PROPERTY The limit staZed under PROPE.~,~Ty DAMAGE LIABIL. ITY -- EACH ACCIDENT ~n the 'Declarations is the limit of our/iabil~ for all property damaged inciuding loss of use in any one accident. OTHER INSURANCE -- YOUR CAR is char inS,", a oe which o e: .a:loss unde this part;..we, w~ll. PaY our. share of.the, loss; Our. share is the proportion our limit bears to the'total of all applicable , limits. But we will ;pOt pay for a'Joss CaUsed by anyone using a newly acq~ired.(additional or' replacement) car if you have another insurance' policy¢'.that..co~ers it; OTHER. 'INSURANCE. -- NON-OWNED, CAR flNCL'UDES. A, SUBST~TUTE CAR)...........: in the-case.of,a non,bwned:Car.covered, under'this part;'we, will'pay ~ly those"damage~.that are excess over amoums payable Under, any ccrher insurance up F!N~N.CIAL ~Es~pONSIBILI'P/'iLAWS. '. .sibility in .keeping ~with the aws, ¢, your state, the · coverage Pro¥,'led,under this part w ..comoly 'with reg,u, lrer~ents .,q.f-your-,state!s law ~:" .... MEDJCAL:PA.~MENTS..COVERAGE... ....... . . If Y°d'ha~'~i~ cDVe~ag6 (see'theDectamtions)';,.We. wi~ pay up to our lim~ of li~il~y far aninsured's.'re~en~ie expenses fer.necessa~ medical and funer~ se~ices which resu~ from a ~r ~cident covered under this peA. We will pay only ~ose expenses incurred w~hin three years ~om the accident. YOUR OBLIGATIONS TO The fol]owing,orovisions apply in a~u~ion to any duties listed in the GENERAL PROVISIONS section, ACTION ~GAINST'US Nc one insured u rider this pa~ may take any legal ~c- ~ion agsins~ us until'30 days a~er'notice of oas has been given ~o us and alt c~ligat~ons under'this policy nave been fulfille~ W AT CAmS:Am COWmEm CARg' DESCRIBED'ON THE D~CLARATIO~S' This Dan c~vers cars f~r which a prsmium chargS for this coverage is shown on the Declarations. REP LACBMENT, CARS ' If. you,' accu~re- ownership of a- car, to.'resla~ a car covered u rider this. pa~:t~e newlFac~u~re~ =arn ~ t~e s~e coverage ~ the.old ~[..You~u~ n~ us ofthe repl~ement.~in 30 oa~ atef yDu.acquire.~ecar, for coverage t~' co~inue a~er 30' ~ys. ADDITIONAL CARS. ...... ' "~'"' " t~ose .described ~ covered unoer this'ua~, this pa~ cove~ me ne~ ~r fo~ the ~r~ 30 da~:-~e new ~ar has the'same coverage?ss a~y of you~;8~He~ ~insure~ w~ us. Ail your other'c~ mu~.~nsured W~h' us for this pa~ to cover t~e add~ona] car. You mu~ Im us know..~in'.SEday~'~ you ac.qdim o~e~nip Cthe new~ar~s~y~a wa~,E:insured under this pa~ for.co?rag.e..~o CO~n~¢, Ce~'¢days.,, cover scar:you Dorrow.mmsora~i~.¢(wbh:~e .owner's Pe~lss~on):whiie your'car is peing rep~reu or replac- ed. This car :annOt'be owned'b~ you 'of a h~usehold msident';..~he sub~itu~e car n~t~e same coverage ~e.~r 1ha; is o~. of service· 10 · OTHER NON-OW~"--r 'RS In add~on'~o SUBS . U I -.~AR,~, we will cover a non. owned.car. The owner must give permission to use it. The non-owned car must be used in the way intended by the owner. This includes a renmd car for a period cf'! upto 30 consecutive days. The no,owned =ar h~sthe same coverage'as any one of your cars insured'with us. TYPES OF COVER .W.'=..will cover all trailers designed to be pulled by a car. We wiJJ cover ail damper unfts, caps or similar types cf cover designedto be mounted un a car or traitor. When :a tra~ler,' camper unit;' ~as. or.sim ar type cf 'cover is a~ached.to a,.car., .it.is considered to.be.one.vehicle. ~.i There is no coverage for a trailer, camper unit;.cap or similar type of cover while used with a car not insured ~ hnder this par:. .. · WHO IS iNsbt~D (F~ART 2) · . ; · · ,?., .,. IN YOUR CAR (INCLUDES.A SUBSTITUTE.C .A~..) ~ .,--. You and a resident relative are insured.while using your~ car or a substJtute.car covemd~under th s part.:~ Ot~er people, are insured while using'.your:car,or:..~a .subs~tute car:covered, under ~h s~ part if. you give.them' intended..,.., ..... ., .,:,,';,,,,.,.:..,.,: - · . ...- ....:',. ~: ,.. ;,.; . .... ::', '?r', ..' :;: .'::, ~'., it~.A,NON:OWNED'CAR; · . . ~',','.-4;: ~,"-'... ~'; ::'..,:r. ". 3 'i..'.:?~.,' ?, "." non-owl~ed Car. The owner must give permi~8'i~ it. It,must be,~sed,in the Wa~ ntended by th~ b~neE. Other per~pl~ ale psure.d, yCniie using anon.owned car. ut. they are ~nsured ~n th~s car only ffthe accident results from the actions of you or are, sident mlaflV~ ~ or Passe'~ger. ThiSinclu des actibns of yot~r'Private driP/er '~who..is operating, the car,fo.h ¥ou~. ', , '.:;':::;?" ,.: '?: :,,.,;."::2;:;; '^ ='' ,'.' ""' :" '": :':,';' .-..~. ::.:.::..- ,. · ~, %. '.. ~.: . .. :, · . . . .:.:.. You and a. resident relative are insu'rad if. hit by'a m0~r vehicle while a pedestrian .... .. ~....... :. ...... : ,".:,.~:..?:¢:-.'....: .i~~ ":..., "' :' ' ' ' ';': ' '" ,.-;t LGSSES~WE,WILL NOT;p,r 'I .(P. AR72) CARS.OWNE~'EY HOUSEHOLD RESIDENTS We'wilt not.pay 'CDr bodtiy injury, to anyone using a car no*. insured under this pat,, owned by y~u cr household resident. REGULARLY ~SED'NON-O~N~ CAES .WewiJl not pay for bodily inju~[o:you 0r a household resident usin~ ~ non-owned car not insured un.er . peA,. regularly used ~y you ora household.resident, CA~ FOE HIRE we .will not pay for bodily'inlet:t0 .a~y~'~e ~S~nD a car · cove~ed undar.this~a~ to carE'people or .fee.. This does'not include a ~r pool. B~ yo~ and a resi. de~ relative'are covered:~ injured'in:an accident while a,:p~senger Jn.a.no~owned;car being ~sed to car~ co~ared unde~;~hi~ pa~'~e'c~ w~' ~n~ Used J'n any org~Aed r~ing': sp~'~;'dem~ ~i~ o~ Au~ n~ BUSINESS' AND ~SIDENCE ' :':" ': ' We' ~ll not'pAy fo~bodl[~ injU~ to anyone arising'om . ~*;,cov~r/being ..used .o{' t~c~ed..fo~ use'~. ~. piece WOR~R'S cOMpENSA~0N .We ~lJ no~,pay fer..bodtly.inju~.,to_anyon~.wher pay- '.~e~ und~'tb[s'p~ ddp cB& ~n~ ~0v~r~'d under .AUT0~BUSINBSS own~'car:inany ~md~.~o busine~.'~ample~ bu~ess atp; seJlipg, reputing, ~icing, ~odng or lng ca~ or Other Vehicles. B~ yo~ a resident.relative and a busine~s:A~0ciate a~e insured while ~sing any your cars covered under this peA. BUSINESS OR ,' We. wili not pay for bodily injun/.to anyone.(otherthan you or a. resident relative) using'a-non.owned car in any business or job. We wil no~ pay for bodily injury, causeo DV any act of war, warlike a~, Insurre~lon, rebellion or revol~on Aisc we will no[ pa~/for a ~oss =auseo DY'discharge'of any nuclear'weaPon, e~en ~ NUCLEAR CONTAMINATION We will not Day for bodily inju~ from or as s cons~ c Jence of the fbJio~ng, write( coptrolle.d or unco~rdll- ed or nowever causeo: l Nuclear ~ea~on; .. 'CRIMINAL ACTS cause:ha~: resd~n.g i~jb~,-df'8~'~e w~ a n~ur~ c0nseguenc~ of HOW WE WILL SE~EE,A C~,.(~A~ 2) PERSON on the D~iar~ons is th~ Jim~ ~f our ii~ii~r ~l.d~age~'aHsing ~ 'of;~odily,inju~ to ~ne. ~rson one ~cide~. TO ~HOM P~', ~ENT, S ARE IVIAP'= We can make these ~aymemse~h~, .~ the injured p~r- son, his or ~er. iega] r~prese~ives or~ h~irs, or ~o those provJdin~ ~he semites. By m~ng these pa~ent~, we ar~ no~ adm~n~ ~ha~ any pemon is responsfble for the If there.is Other car.me.dical paymen~ insurance.which covers aides unoerthis pa~ we will Day our share Othe Io~. Our share lethe propo~on o~r limb bea~ ~o the INsuRanCE ~ In the c~e ~ a no~owned car covered under this we will p~y only those medic~ expensesth~ a)e ex~e~ over amours' pE~ble under any ~er. car medical COMPBEHENSIYE ~Ey.for any..~r~ ~d ~cide~l ]osS"otor d~sge ~e LOSSES' WE"WiEE "NO~'P~y 'FOR .p~ ' 3):*'~. ~tes ¢ comprehensiVe C6verage losses ace: 'gl~s brea~ge (even ffthe gl~s is broken in a collision), the~, fire, flood, h~l, ea~quake, vand~ism ~d collision ~h a bird or anita,. 12 If thC.car is" stolen, -,~ 'reimburse..you. for ?our transpor(ation CoST~, .% .-~r is back in.use or until we offer to pay for the Koss. TransponatJon costs will be covered beginning 48~hours after the theft has been reborted to the police and.to ua. We' wilt pay up ~o $I 5 a day for tnese.~ransportation costs up to a to, al of,~¢,50. TOWING ~ND LAi!~OR'COVERAGE If you.have this coverage (see the Dsolarations),'ws~:will Payfor [owing charges and the cost of labor done.st the scene cfa breakdown. The limit forthis coverage is shown on the Declarations. ..:'q · :':' RENTAL.CAR COVERAGE' ,.~. If you have'~is'coverage (see'theDeclarations), we'will reimburse you fo?the cost of renting a:~ar if. a'car ~ou awn is out..of.use.'for more than 24.hours:becaUse:of:a Collision.or Comprehensive;loss. But this coverage does not apply when a c~r is. stolen and .Comprehensive .Coverage applies .~ .. .,:,~:.. '~We will o~ly pay for actual rerfral costs for the ~e.it woul~ to"$15 a de¥'~h~F~¢~-50 peCa~jd'ent. L'. :7, ': .!:~ You mast promptly' notify us of the arn0u'nt.~.ou.sPek'f~r mnfaJ of the car in the manner and time we reasonably "~ The ~ollomng' provls~ns'~pply re'addition tO'any:ddties .'~ listed.in the GENEi:M~ PRO~l~l~HS"section'.'""? :'-" ' :. 'l~'~'or~emsured una~i,hls parI'maytake.,an, .\/local act On :~nin~'Us' Lintil 3b '~ta~ a:fts~ the~' ha~9'e 0f"loss· af~id O~lv':'i~'~l obligationS: ~nd~r'this ~0ticv have been fut~lled..' :.::: · , "i:. ,,....~.,:....: ,"'h-.': % WHA~ CAP,~ ARE COVERED~FPART 3) .CARS" DESCRIBE~' ON'THE DECLARATION$~ :':¥,.:,: This ~a~t COyer~' ~m f6r ;~,hiC~ a:.Pre~i~m Ch~';f~r th~se ~0v-era¢~s:is sh~SW~"on the Declarations!"~'" · ': h' .7ou acquire own=-mhip ~f a :ar t~ repine a car'covered under this part, the newly acquired car has the same coverage as the old car. You must notify :us of the repJacemenf within 30 days after you acc uire the =ar, for coverage to continue a~er 3O.days. ADDITIONAL CARS if'you acquire ownership of another =ar in addition to those described as covered under this part, this Dart coversthe new car for the first 30 days. The new c, ar'has the. same coverage as. any ofyour crier, care'insured us;. A .your other-' cars. must.be;insured, with.us for.this pa[ttocaver.the.addJtionaJ:=ar,.: . : , . .. Y0'L~' must lotus know Withir~ 30.~ys after v0u acquire ov~nership of the r~w ocr that you wan it insured under this part for.'cov&ra~:Je to Co~'~ue afte~ 30 days.' lf.a car covered under this part break~'dow~,' a be ng set,. viced or repaired, or is stolen.or destroyed, we, will c.o~er a. car you borrow temporad~y'(Wi~h ~ e' ~Wme~ siori):~hile your ca~-Js being~epa'red or reotacecb ,This =ar cannot be owned by you or a household resident, .T.. he~s~·bstitU~e car n~ t~e ~e CDverage as the In apd~o~ to SUB~T~I~TE CARS,.w~:~ Co~)e; =,non-. The owner must give perrnlss~on'to use"[ by the o~v'ne~'This includeS~.r~:f~r a.Dedod of u p.tc 3D. conaecutiv, e da~s.,'[he,,n~°Wned =,ar h as.the same CDVe~ge a~any one myour cars insured with us, LOSSES WE WIEL NOT PAYFOR (PART3) CARS OWNED.B¥::H(~ 'I~SEHOLD :RESIDEN~"'S: We'~ill n~ ~a? for damag~ to or·iS~s ~:~ ~.'car not insured unaer this Dar~ owned Dy you or a household:resident. W~:wfll,nm- PBy,~o~ .damage:to :or loss, at. a non-Owned car nutinsured under, this Dar[,' regularly usec Dy'you or a household resident, -.'-: .... _ . CARS ~OR HI~E We will not pay for damage to or ~oss of a car used to carry peoDle or property for a fee..This does not include a car CAMPER UN~TS, CAPS OR SIMII:AR TYPES 'OF COVER -We will not pay for damage to. or loss ~f a camper un~, csp or similar type of c~v. er, including its equipment and accessories, unless the.ownership, or use cf the'camper unit, cap or similar type of cover has been reported~o us endthe required premium has been paid. A campe~ unit, cap or similar type of coyer'is'designed ~o be mc~untecj~ We will not pay for damage to or to~ of a trailer, unless the ownership or use of the trailer has' been reported to us andthe required premium has'been paid.'A.t~'aJler is We.will not .pay fordamage {o.'or'loss of any customized features 'unless [he..val ue,ofthe cus~omh~ion has been re[~orted to us and it is included inthe or, eraiurrLWhich has. been ~aid for this coverage. Custom[ze~ features ~nclu de any: ~Jrnishings,: car~eting;.custom instaJted~heigr~exter, emg-roafs,;..,_custdm',:pa~nt ,.cus~om.:.;pai~ted wlnoows, cus~m mutes, graphics or omar custom applied designs or eClu~pment. This i~oluaes items:installs= a~ thetime ~f the vehicle's manu~cl~re or. after: We:wilJ:.no[.:Day for. damage..tc..o~ loss'of a.~ar 'covered unr~er this Dart if the car was being useo in any orgar¢ rz-ed,.rscing,., speed, demo ition, or stunung, contest or. BUSINESS. AND RESIDENCE ' ~We will.-no~ gay'for damage :to. cr loss.cf a car.-traJler. camper unit, caD.or simitar zype ~fcover,'bemg ueeo or located.tot use .as a place of business cr as a place of resloence...; .. AUTO BUSINE-~S. W e.will not'pay for damage to acer. or trailer you d o not own if you are using it in any kind o',: auto business. Ex- ampies o~ a~o gus ness ar~, sell; ~, reputing, ss~icin~, Boring or parkin9 cars or other vehicles, WAR We will not:pay for damage caused by ~ny act of war, warlike ~, insurrection,.re~liion or.revol~ion..Also, will n~ pay for a.loss caused ~y discharge of shy nuclear we~on; even if accidental. · :.' · ' · We will not pay for damage from or as a: consequence of the bllo~ng, wh~her controlled or unca~rolled'or however caused: ~, will..::h~ p~y f~r;deage,;caused 'by anyone while ~emp~ng to.=omm~'.a ~me or to a~oid 'arre~.: '", ~is exclus on applies ~¢er or not an insured ed or exposed t~e resu~ ol ~eir ~, ~ long ~'the' resu~ing'inju~ or d~age,w~'a-natur¢ consequence soUND (RECEDING, ~CO~ING, R~RODUOING OR TRAE~MI~ING) EQUIPMENT. p~rm~na~y in'led: E~uipme~ mu~ be in~¢led in the d~sh or-console' opening specked by,~e man~a~urer ¢~r~ triter,' camper un~; c~p or simitar,.~pe ¢ cover for such equipment to be considered pe~ane~ly Lo, to tacos r~ords, t~ e,.4ces foe use with e6uip- menu cosigned for the'reproouction of sound will not be covered. wE. AR AND T=--AR We wilI not pay icr damage which is due and con, ned to wear and tear, fre~ng, or mechanical or ele~rical breakdown or failure. This does not apply to damage if your car is stolen, · ~e'.wilI not pay for loss to'tires unless t~e loss is'caused by fire, vandalism, malicious mischief, their, or unless the loss is caused by an accident covered under this part.. ADDITIONAL L;IVING FACILITY EQUIPMENT antennas, awnings, Caba~as or any equipment designed to create extra living area while the:vehicle is set.:bp.fo~;' Wewiii;'ot.p~;'for damaeeto or loss of persona HOw WE WILL SETTLE A CLAIM.(PAR~.3)::, 2. */~msi~nt~s~arYt0 ~ep~ii:'br replace the pr~er~ ~ theft..Ioas· to :permanently .installed SOUh~ ([eoei¥i~g ~ · record ng, reproduc n~. or transm~ng)"equipment i~ Loss t~ ~ non-°wne~ trailer When Puiied. by a =at' '~ covered uP:to $500. W~.'~viIl' enry pa~/the part'o~ caused bwdamage to o~haf~ of a non-owned trailer th~ s excess over the amount payable hnder any'other surance which covers the loss. ' .: :. · ...... ~'.~ Ou¢ payment will be'reduced bv ar , ,la d educt- ibis shown on the Deoiarations. ~BL~, t~ ~e Comprehensive deductible will not apply to breakage of front Windshield gl~ss when GLA~S COVERAGE is pnnted on the Declara~ons under the oeductibte amount for that =ar. If Y°u:are in a collision w~th an)/other vehicle or trailer we insure,(under another policy), the deductible does. not apply.' But iftwo or more vehicles owned byyou and ir,.. sured by.-s collide, the deductible applies semarazely to each vehicle. .TRAIl;ER, CAMPER t;JNIT, CAP OR,SIMILAR TYPE OF COVER' DEDUC'FIBLES A"~a["with.a trailer at~acned to it is consioereo To seoarate vehicles ano.'seoarme oeductibles apply. A.. ~arfw~h a cam~er.un~ CaD or similar ~ of cover mounted on ~ is c0nsiaered[o De one ~r and Dnty aeau~bte on me car applies. If the camper unb, CaD.or similar ~oe of cover'is unmou~e~, seoar~e dedu~blss apply to ~e Car ann ~e Camper un~. c~ or ~mil~ ot c0~er:;J:~:..';."-:;-:. ':'-: ".' - · ' ' aged or ~len ~ro~ ~ mmen~ ¢Ii~ End and ~. If~e ~len p~pe~.is recevere¢ ~w~ have paid ' ' you for ~r replaced*E w~ c~ rexum ~'to'y~u, ~ong.~. ?.::. · 'Pa~("f~r, any.d~ag~. rssu~ng'ff~m ~e ~eff: If'~: ' to the n~ed insured: '. Payfor'an~,pr~pe~ oF pay for ~ rep acement, we may ¢ d~ag~d pro~.., we.may s~ ~e.c Om ¢~er ~. you or ~,'~e '0wne'r"of the ~pe'~; ;.::;;.j~; .:3..::. ?::. ,:..%:..,-: ..... suDje~to ~i ~rovisions fthe p~i~ ret~n~ to apprises,.: APP~8~.; . ..... ' ....... . ........ : :. ,....... . ~me Ifthem il disagreement· dv~r the am0unt'¢tfleios'S, e~t~er. ~ us may. aemand an aBmcraJsaJ, within 80 d~ys g~ve uswritten,proof of your loss. In that case, each of us.will selec[ a quatified appraiser. '['he two aooraisers will :select,an umpire. Each appraiser will.then s~ate Doth the "ac~iJ~.l::c~n value an~. the amou~ of the,.ioss.. I~ they disa~ree':zneyw subm t their differences ~o theumpire. ~ deli§in,'in writing ~cf any tv~o ofthesethrse persons will detefm~qe'~he amount of the loss. Each of uswil113ay our own. appra~ser..We will share e~:ua~y the o~ner costs of ~ne'appraisal and of'the umpire. sior., ffmbezzJemerft or secretion O~.the.car. But, we. reserve ~e right to cancel or nonrenewthe'policy.as oar. mhZee by ~ ~erms.'The termination notice, will end this.: agreement with all loss payees. Advance notice- of · ruination will ne seato the.loss noyes at the time it is sent! OTHER INSURAN .~UR CAR OR TRAILER If there is other insurance which covers damaos to orth~ ~f a car or fralier covered under this pa~, we ~vili pay our snare of the loss. Our share is the proportion our limit bears to the total of all applicable.limits. OTHER INSURANCE -- NON-OWNED CAR OR · TRAILER ('INCLUDES A SUBSTITUTE CAR) In the'case of a non-owned car or trailer coverao unoer this Dar[. we will Day only that Dan of a loss caused Dy r~amage to or the/t of the car or [railer tluat ~s excess over amour~s payable under any Other.insurance uD [o our limit of liability. LOSS PAYEE CLAUSE Payment for'loss of or damage ~o a car c~verec~ under this oar[ will be mar~e to the person or organization show~ in the Declarations asthe ~oss oayee. Ti-ils payment'Will be mm:~e, UD t0the amount ~f the Ices, ~o the ex[ant that 'the loss paYee 'has a financial ~nmres[ in the =ar, .This insurance,' co~ering the interest '~f an~, joss saves,_ will .no~ De.invalidmed' oecause 2f the insured'.s conver- SU[, When ~"" ' '"" ...... ' "~" '" · · we ~ay the l'oss'~.~/ee, w~:aCoui~e th~ le~'paYee,~.. -. :,, i suDrog~on nghts. When we'ma~:e any payman~ under this Bolicy, we can make separate cayments to ~ach oany at Jn[erest, provided we ¢:rotect ~he ownership interest of all Parties. . .... 15 ThePrudent;ai ~, po,Car l cy ENDOESEMEN,T.S.~AVAILABLE IN PENN- SYL~'ANIA;"~¥OU'*~)'NE¥~HAVE'cOVE~GE-.FOR .., THE ENDORSEMENTS L'ISTE~N YOBR~:' ~':.: '<. · DEC~RATION~ P'AGE BY PAC NUMBER. S~ LIST BELDW~'FOR-EOCATiON,WJTHiN THiS...:~ PART S U~DBRINSUR~D MOTORiSTS" :-' ':~' LOSSES WE WI~ NOT pAY FOR:t*,. · ~": 8 - Prude~al. am~e~;'~d'C~ua~ l~um~e obmpany' Pru~e~al ~ommemial Insurance :omp~y" ' .... Q,T. HER NON-OWNEDCARS :in 'addit~n.[o s t~bstitute. =ars,' we Will'coVer. a non. 'owned,oar. The owner.taus[ gwe'Dermission ~o use The no~-owne~ car m u~ be used in the way by ~ne owner, This includes a rsn[ed,car~-for~ a of u~ to 30 consecutive aays. This non-owned car nas the same CO~8F~ ~S any one of.your cars insured with us. ' .......... - .... IN YOUR CAR ('INCLUDES A SU~S~i~UTE CAB) Y~,an~esJdent fellies,arc,insured,while using '-,yeur ca~'~.a,sub~itu~ecarcove~eo under, this pa~. sub~me car coyered underthis pa~,if=you,gi~e them cpe~is~io~to.~e,it,; ~bey~,~um.use the-~ar n the way Yo~ ~ a r..~t~lat~6'are insure~ while uaing a no.owned car. Th e owner mu~ give pe~ission use~ I~ ~ use~. n the w~y~ntended by,~e owner. You and'a resident miative aCe'idsS~ if'h'Jt ¢y an uninsum~ motor vehicle 'while a:~¢8~=~h ;.. ewj n~,payforbo~ F~.lnju t~sn o~ew a car ~psuredu~der'tHi~"pbl c~ ~"~n'hs~re¢ be~se le~ed 'by you or.a h~u~hoid.r~ide~t ~ ch not ~nsured under ~s poi cv .... RE.GULA.RLY" :"- ~O.N-OWNED VEHICLE~:. . We will no~ Day for bodily injury ~ you or ehouseh01d resident using a n~n-owneD motor, vehicle surea unaer m~s Dan. regularly, used'by yOU' or 'a household .resident, 'C~RS: F~B.HIRE ..... W~ Wil~ nm pay for bodliy-inju~o'~n~one usin~ a car :covered under this Da~ [D=arry peop e or property for a.fee, This aces n~t incluoe..a mar, ~ol."B~ you':or a ,raside~t.r~latlv~:are covered if:injure~ in an ~cidem while a ~assenger in a n~-own'ed,car ~ng.use~to carry ~eo~le or ~rope~y f~r a fee:L. ~,. ~_;, 1. Motor vehicles ~wned or operated' b~: sS~- .....~, i~rers under a~anc a ~espons b ~ ~ or '-': "2;'M°torvehi~leS:owned er'oPerated by ag'ove~- ment agency..i~:the Un'~ed States'of;America,or . .;.3,. land-chicles Cpe[~ed ~n,cra~Jer.treads o~ r~ls; .c ~9'MotOPve~icles.:0f'equip~t,dbsi~neCfor-uCe mainly off public roa~r(unless~'.t~e:~ci.dent happens on a public road)~..?,~...= , We will not pay for b~dily, inju~.~.an~o~e,u~ .................. nD a car cevered under ~is pa~ ~the car W~.being.?ed in ~y organ~ed racing, speed We wi n~ pay for bodlly.injuwt¢ any~'He AriSing' 'of the use'of a:meto~ ve~icle~ier~.,c~per UnE,'cap or similar type of cover, being used or located for'use ,as a.ptace,o~..bus ness or..~ ~:p ~e of. res ':W, OR~Rf8. GOMBENSA~ION.OR SIMILAR~WS We will not pay for bodily iniuw te anyon6~hen pay- ment underthis pa~ dupticatesbene~s pay~le under anywe~ker!e'cempensatien¢di,, ;-[y, milarlaws. .Also, this coverage shall not apply direct y or nd rectly · 50 b~sfit aoy insurer or self-insure[,under any worker,s compenSation~is&bl~Or similar laws. "" ' AU%O,BUSINBSS..- :.:. · .., .~ :.:.~ We will nm pay for bodily iniu~'~d by an~une U~- ing amotorve~icie in any &utomobilebusi~ess:(.such as sellinB repair nB .se~vc rig, ~or ng or park ng~am) But..~o~.,: a., r~sident;xei~ti~e, .or,.~any. business :~se~ia~es:'¢or.~bose use o~be ~Br you:'may'~e held de~¢l~;[espon~ible) are. insured ~ite using any BUSINESS OR.JOB¢ ;"*'~ :': '~*,~:::.r' .,'..,,::~u.:.:..; .¢ ".':': We will not pay for b=dily in jaW to"='~y~¢tk'~ :you'o~f~iden~mlat[~) us~g,a notched;motor vehicle in any business er~o~* :~;,-:,~* *~ ..... . war,.w~ike ~, !nsurre~ion, rebellicd; 'Also;~e W mot pa~for, abes causedbydisch~rgs of NUCL~R CO~AMINATION "-:. =¢'.*"' 2..Nuclear radietion~' or ¢'., ',~'~.' We will not p~y Cot bodily injU~..~.anyone~.wh~e :We w I n.ot,~ay~orCbOdilY~nju~W~cb~resu ~.fr~m an ~' 2:"~hat-~n,msufed :could'T~on~bly axpe'~ woUt~ This exclusion a~ s'v. ~er ornot'an.insured.ir~en'd. ed or expected the results..of the r act, *so l~ng:as the resultiRg.iniury;cr, damage.was a natural c~nseque~ce of.the act. We Will· not pay..f~ damages HOW WE WILL S~L~ A lfyou or a resident relative insured under this pa~ is .... · "PaY~eretRan'the~iimit,~f cbver~ge;fof'th~aA · : ~ .shown,o~,~heDecarati~nsapp cabe:to~ha~par- 'pede~ri~ -- we will not pay more~haff~e~lim~ tions applic~le ta ~s t~m~e¢coverageapp e~.regard ,~. Vehicles mvD]~ed dentin scar that is insured'~tbiS~pp~Wi ~orethan ~e limit of c0verage~,for ~at Ba~icutar ~r other ca~'insured by us 'S ~AOBNG OF'UNINSURE~ MOTORISTS Ifyou have selemed.~is option (the Declar=ions will dicme.~c~ng applies) ~en ~c~ng of coverage under this part applies to. you'and a resio .... r, .,ive insured under this part. 'This means'.~hat.you or-a resident relative can acld or stack the'. Uninsured Coverage tim~[s of other cars insured for this:coverage by us upon the Uninsured Motorists Coverage limits cf the car involved Jn the accident or toss... "... The LIMIT OF COVERAGE in the General.Provisions and se~ion titled LIMIT OF COVERAGE.Under'.'How We Will Settle A Claim" under'Part 4 do not apply:" "O i;STACK!"G O f"U.!NS iRED MO'roRiSTS dioate non-~a~ing'ap'~lies) then th~'Limb ¢ CoVerage under ~is policy's ~nersl Provisions and the'Limit . ofLiablll~und~r'p~'~4?~ow.We.WillSe~JeA~a~m,, ~p~l~ to YO~aq¢,a0y.~he~ person i~sured under ~PE6, ~is;~e~s their you or any ~he~ person insured · ,~., ..-itc the ~h ghost:- [~ t :of=','Unin~ured .Motorims Coverage av~l~le on any one ~r~'~ to.which youareEn~ed nsuredo~ nsur ' etM~e fyouchoSs¢'thecovem e~a ~ .... Y U.~ ~ insured under'th s po c~pa~ then we tmme of the accident~ If you choose:'theCoverage "~ ~'=',poli~; ~eh;We;~lj.n~t Pay for d~ages under,is ~is'lim~ ef'~eraCe applies regardleSS.ortho'number "~f PoliCie~,'idsureQs;'i~sured~¢am, ct~msmade, or ~m ~h~lved in'~e'acCfde~or.iOss. Come,ages on o~ar ~m ~nsured ~.~s,c~.net be,.a~de~ to. or ~cked on ~e coverage of the paEicular car i~voived. ._ LIMIT OF.LIABIL.. ,- _,3OILY INJURY': EACH PERSON The limit stated u~'der UNINSURED. MoToRisTS,_ EACH PERSON on the Declarations is th e limit of our liability for all damages, including damages foncare or loss of services, arising out of bodily inju~.to one person as a result of any one accident. The:limit.mated under' . EACH ACCIDENt. on tb'e~DecJar~ions is the'limitof, eur li~biJ~y.for.all damages, inclu~ ng damages,for, care.or loss of se~ices,~arisiog out:~f, bodlly inju~ ss a resu~ of any one accide~ ;'" ' -.'~'. .'".'~'".~' ~..:'~" i '=" "~:.".' '.: Any-Medical., Payments d-e~i~ed,'tO' be:'PaYa~le under this pa~ar~subject to a.maximum payment for the servic~ p~ovided ~ e~ablished by A~ Ifa prevadm g re'edict' f~e~bhafge.'5~r pa)ment has. n~t been caloolSed, under:~he:Medioa~e~.Pr~r~ ~r a amou~ of cbt pay~ent,wilFnm "e~eed 'BO%' m~ic~l pr0~i~er~ U~ual an~ Cum0m~.oha~ge~ ment for'~ute care ~'an sOcfed~d a~e;ca~e faoil~ . If ~e'peer review prog r~.~'e~Elished, by'.Act ' ea';?an'insuFed' ~oVe~ed"U~de~:this.pa~.may reqb~$t reconsideration of the peer review in,iai dSe~in'~iSn .;e~'the d~ute~'medi~al.¢necessi~..of treatn ~ent' or v~ce~.A ~ue~ fon'reconside[ation.mu~;be made owner":oF'?'oper~tbf· ~; an" u~insured m~Or 2' '~s to ~5'~"~d~t'0f compensatory' d~ages ;Eith~y m~y.~&ke.~:wri~en, de~a~d fbr arbJt~ion. In this;~ent~ eacfi-~ ~¢y will select an arSitr~0r from the cou~ where the'~nsu~ed lives; %he two arbitrEtors w '5 s~lect t~lrd, arb trator.from ~he a d ,. ,mt~. If they cannot agree ~,'ithin 30 ave, either party, may request ~election from a judge of ~ common pteas court hay- . lng iurisdiction' where the insured claiming coverage lives; or'by a judge in the Federal DisZrict Cou~ whose junsdictio~ includes the"coun~ where ~e insured in~ coverage lives. ' .... : ' '" Each paEy will: ' ': ·" :' ~ '":' 1. Pa~ ~he expenSeS it incurs;"an~' ".....' , ·2.., Bea~ the-e~penses of the.th rd pa~ aqua ~. .~rbbratien'~ll be c~nducted i~ the%~'Un~,wse~e:the '.:inaured lives;.LecaLr~esof procedure and 'evidence :.will ~DtY'~.t~e'.~tire~Arb~ratJon.p.rousss:..:.., . We will'n~ ~e qUe~ions of'~5~erage' 8~'[~ aS · to. ~er a..peB~n'm~ng a dt~m is covered under ' ~e .policy,.'or is ' eXc~ded.~.~nder disp~es aff~ng,~e,~pe of 'c~ve~ge,: the ~ ou~ ~'c°yerage, :~,ps~o~;,s..~gbt:. ~f. eligibi]~ ~. ~a~.a ~m";or.th~su~d's':sete~bn~o~.coverage, will .be' · Following the snt~of:a~,.arbitr~i0~.:a~ard,: either par- ty may file a Peri,on to dac~te or modi~ the award in · the. coud in ~e c~un~,Where,the.arbitr~ on was cor~ where :... ,.,, -, .; ..... ....... , '1 ;. ~e.arb t[atDB, add[essed::and r~sol~ed this poliBy; .... .......,~.:,. ~.¢...: ..,. ~.,.. ~;: .;.'...:.~ ..?. ,::., neanng in ~rde~to permit . to p[esent aPpr°p'~te:ediee~'~e or te~m~y., · :. the hea~i~g and.the'e~_y of.an~ 4. ~Eher pa~ was denied ~Ppr~pd~te.'~ue pro, ..cass righ~te.a ~ and fa r hear rig; .5...~he arbitrators.commi~ed.an error"of law.such ,, that ha~ it beak .a verdict~of,a;ju~y the.cau~ wo.uJd:hav~ 'entered a diderent.o r o~e¢'jud 9.;' ment not with~andinB the verdict. '6 Arbitration.wilt, be ~,~nr,,,~,ted in.accordance with the · Provisions of the Pennsylvania Un/form ,Arbitration Act and. the PennsyJYa. ni& Arbitration Ac~ of !927. JUD~MBNT . '~/I/e will not be b0tino'~_v any iud'green1' against any person or organ[7.atjon which was Obtaineo wi~nou~ our Payments will be reduced ny ,an~ amdu~i .paid or payable by Persons respor~-sibleJ0r...~he;acc 'de-n~. Payments under this part WiJl_a. So be reduced ~y amoum .paid o¢ Pa-yable. L~hder th~s pu!i~y or Pydher .If ~em iS o~er insurance ~hich'~em'~le~,'bnder~is 'Pa~.kwe wil~ 'pay.ourshare ef.~e Ios~:=O~r share is.t~e 'OTHE~ IN~U~NCE~ON~OWNEDfC~R;, · :l~e'case 'of 'a.' mon-0Wne~,car.~vered un'er, this ~,~ 'pa~; .we.wjJl.~aythosed~ages that afe'e'xcess over '~d~spayable unde~ ~ny ~ther.~rance up tD our ,~.. H. acc0roance .~bth¢ f¢llo~in¢,5¢~.er of Fir~ .. ~e pol~Cy,cDyedng.a.m~o~vahbte oc- ~ ,-.,.. · cupied.by injure~ person ~ ~e ~me of theacc~dent _,- .... ... .... ' Seco'nd'~e. Dalicy caved~g a.m~vehic~e n~ ::'""¢? '" :', ......... ~nv° veal i.8 tn~ acciden~ with r~pectto · ¢ .... ,,..: ..... which the~njured parson s an insured'. If'tWo ormore PdJb'ies,hade' dUual, prisfityF' 1. The insurer again~ Whidh ~¢ cl~i~' ~s' fi~t maoe unoer the above Priorities sh~l process and Day the ciBm as if wholly responsible The insurer ~s therea~er entitteo ~o recover conzribution pro rat~ from any omar insurer for the benefits.paid aed ~ :( iprocess- lng the claim 2..The ma,~mum.recovery under, all policies Will not exceed.,the amount payable under the policy~viththe nighest do ar timits o~benefits. For the. purposes' ofdetermining 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 unreason- abte risk'of injury.-' "'"" · , P AC" 51PA";" ED; · . . ' '7794 :" . :.. IF,,,¥OU ,.A :,:.::.,=.!. ::.; MOTOR· /EHi E : UNDERINSURED OUR, OBLIG&.,'~IGN$ TG 'YGU':~A;RT 5)~','"';. ""~'?" ~'": ;"":~'~' '~-"%-.I r · ~O::~C~' '~:~ .F."-~f :.,~ ~',:~ P~y up to our lim~ of ii~ii~:'~8/:~i~'iniU~tR~ covered'u2der~i~,Whe~ ~'insBrad (~er'or not: insured is~g~lY~e~a¢~e~febdCeff~.bodlly cauld~n~ cD ~¢o~ ~e,e~er:a~:dd~r: of~e :;~.; ~HE.OWNER OR DBI~R IS' UNDERINSURED .~e;, Owner .o~.-Bfi~et, :feSP~h~bl~ 'fo~'th'~~ accideht .~ as liAbtl~ insurance:or a ii~l~:bond ~ lira ~ ~at metess th~:'~e':~l "~oum: ~6..' nSur~d, is le~ty' e~ed recover ~ d~ages. ',.,"?,' ':~.~:, -, : ~.:;., ~ , . No pa~em will ~e'mad~. under ~is ~nsurance..:~d bonds .of ~l responsible minor ~"hi:!is ir~ e~au~ed dy pa~e~. Ju~'gem~h{.. This~ isa caeerage o¢.l'a~*. YOUR OEILIGA..O~,,.4'TO US The following'provisions aPplY in ~ddition to any duties listed.in the GEN--...R~L' PROVISIONS ACTION AGAINST US No one insured under this part maytake any legal ~ion ~galnst us until ali obligations.undsrthJs:pclioy, have been fuelled. WHAT. CARS~RE'COVERED (PART cARs· DESCRIBED:o~ ,~HE. DECLARATioNs This par~ covers cam for,which, Premium Ch;rge f~rlhi,, coverage is shown on the Declarations. REPLACEMENT CARS ,: "'To' :;.?c ': ,..' 'C' ·. I¢you acquire Ow~emhip of'a'car~ replace a under this per~. the'newly, acquired Car hoe'?the.same coverage :as the.,,old :car. Yo~'mu~.aotify:.us~ ¢ the, replacement within 30 days after;you..a~., qHi(e ~,e ~,.r. coverage to continue after 30 days ,.' .' · ADDITJONAE.:CARS ..? ....... ,~,, ,.~.. .......... If you'.acquir~ Ownership of ancP~her oar n addition to those' d~Scribec~¢as,., cove~-~d :unde~i¢;'~a~,. covers the new car for the.first 30,ctays:.:.The, new. car has' us. All your ~ther cam r:nust ~' ink,red: With.~a ~o/this ¥0u .mu~ let us.. know wlt'~ir~,30, day~ after you acquire ownership of the new =ar that youJw:a~:~ insured.undeF this Part, for coverage to continue" ~er 30 da~s:'~' ' ........ If.a caf'cove,:ed under this~p~.breaks down,~s bei~.g ser: · v~ced.e~.rapaimd~¢or, is etolen or, de~myed,,we:will cover: ~. car you borrow temporarily.(-with the ow~er.~s ~rmis~ sion) white.you[ car.is· beiag repaired o~.rep aced....This car c~not be'owned b7 you or a, household msider~. The substitute' =ar has the ~amecpveregs.a~he OWNED;CARS OTHER NON · In additi0n ~¢.SUBSTITUTE O/~RSi We Wili 05~¢a:~;C}~ owned gar. The oWner.must give permission to Use it: The · nor~owned car must be used,in the w, ed. by the owner. This includes a rented tar'hr a period of up to 30 consecutive days. The.non.owned =mr has the same coverage as &ny one of your cam insured with us. WHO IS INSURED, .(PART.5). IN'YOURC;~R (INC,'"UDES A' SUESTITU'FE CAR) You and a resident relative are insured whiie using your car or.a,substituts =a.r. covered under this .part. Other ·people are insur~d..while.:using your oar or a substitute'car covered'under this-part fi'you give' them portal,ion to use it. 'They must use the. car. in the way'you. intended. ::, .' . . ... '.' · ...! ....,:.: .'*.. "-. IN A NON-OWNED CAR ": '; ~:i~~: ::.2':~ . ~ ~.';~ You and"a resident;relative'are: insured'~v~, ilo using' a. non-owned car:;.T, he, owner must give-permission te..use it.. It musLbe~used, in the:way.intended by the .owner HIT By"~ MOTOR vEHICLE.· '" "' "'" "' ': ·'" ~' ~'.:". You and a resident, relative ar~. nsured i it" 'an undarinsUred occur vehicle while~a .:'~ ."i.,.='; ',= . '!i "'~..'~,'~'.!.'.~' · ?"; '~i~... - LOSSES ~ WII.L NOT PAY FOR (PART~), IL~SSES' OENiED;:'~UDED"OR.'' ~HAUST~D We will not ~'~.y for bodily. Injury,to anyone ~¢ho claims a mar insured ~nderthis p~)iic'y i~'UndefinSured because. co~/~;?ag~"'.'~S i:t~ni'ed?'.excluded or" exhau~t~'d'~un~ie~ a~other'pa'rt of~ s po cy.- ..,-' ...... ' ~'; :":' '~ ':".' " '-' """ ~ "'': ' '~!,,~.~":.F '-:; ',.'~ OTHER HOUSEHOLD VEHICLES We will not pay for bodily ifijun] 'b ar~0ne . oooupying.'.o~.:~uok~ by, a 'motor vehicle': owned' or leased-, by;you ~o~ .a;household ,resident: which not:' oovered',under :this'..'policy,. or if "the~ liability oo~eragei~df.'that vehicle is~. t~sed'to ;:pay :any 'portion' ~f:an~,fnsured,'s'.,be~lily inju~ liability otaim.. ' .... . REGtCL'ARL.Y."' '.IJSED' ;NOI~-OWNED': ~MbTOI~ VEHICLES . .... ;' "'. · We will not pay for I~odilYcinju~t0:-you'or'~ household, resilient using.~ non-owned, m0to~.vehj:le not insured under th s parL ragu ar y..use~d by'You'°.~:a'h0u~eh°ld. resident. 8 CARS FOR HIRE V~e will not pay for bodily injury to anyone using a car covered under this part to carry, poodle' or property for a fee. This does.not include a'¢ar pool Bot. you and a r~si- dent reiative are covered:fi:injured in an accident wh a passenger in &-non-owned, car. being used to carry , people.or properVy.for a-fee~ ..... LAND VENICE.ES:' VC'e will not pay b?odliy injurY te anyone hit by the following land vehicles: 1, Motor vehicles owned o~ opened by self-insurers under any financial responsibility law or similar law; in the United States of America.o~, D:Oanada;;or~ 3, Land vehicles ~opera~ed oh':crawler-treads or'rails; or~; ,4. Motor vehicles or,equipment ~ias gnec2for use' mainly:~'~ff pUS c ~r°ads-"tu.n es~ the'~.ai:::c dent' covered:u nderthisl~a~.' ~e car."~ca~b~in.g uSed' i~;an~. _. related activity: ......... : ......... · We will ~eLpa~/'for, bodily, i!!ju~,to anvone.arising'-%t-. of.the.uae of a: moto~ vehi~la~ trailer, camber:unit,. Cap: or sirgil~:typ~c~? c~var;, be ~g.:usecio~ cOat. ed for use, a~ a p ace of.b~s ne~s er.as. ~.~l~n~,of residence.?; ..... , . WORKER'S COMPEI~SATION'OR.'sIMi~R'I.~WS:' We will not pay for bodily injury t~ anyone when pay- anY worke~.'.S compen~iion .,disability Or similar laws. Ats~r,T this coverage mall not ap~)ty,dire~.~or indirectly.to bonsai; any insurer or:self-insure~, under.any worker!s.compe .r,- icg a'mot~r ¢ihi:le i'n any automOBile busir~eS~:;(su~t~ as selling, repairing servicing', storing o'r parkin¢ But you;.a £esidmnt. mfative,, or any ...... associates flor whose use oft'ne ca, you may ce held'legally resDon- sib e).are nsured whe us ng any OT your cars cover.,,a BUSINESS OR JOB We,will no[' ,~ay~fc~t bodily injury, to anyone ~h~'r than you or a, resPien't retative)'using a-non,owned 'motor vehiCie'in.any business or We willmm pay f~r~bodilyJnjury, c~sad by any war. ~rlike. ~. insu~ior,,.rebelJion or rev~ion.'~so: we,~..BD~ pa2 for a lgss..c~sed.by, disch~ge. nucle~ weapon, even if ~e. ~ill, nm' pay for bodily injU'~ ffsm.or ~. ed or however cause'~~>: .....':':' .............. S ' R~ o~ ve'co~m~on: We will n~ Day for bodi~ inju~o ~y¢n~il'¢*'~emu[- .: = ~,~b=,s.=me~ded by~,~sured¢o c~se Aa~ T~ls' ~x~t~sl~'apphes'whe~er.or riot an :insbred/ntend.: HOW'WE.WJEL. ~.. ~E;A..C~IM-(pAR.T:5) LIMIT OF COVERAGE Ifyou or a resident ~elafive ir~sured under th!s ~-~r~' S '~ In a carth~ is insured bybls Da:-- we will more th~n t~e.limb of co, rage'for bis s~.shown on. the D~lar~s ~plic~l~zo ~.~cuJ~r 2. In a car that ]s n~ insured'.:~y;~is ~ ~r-~ite .. ¢ pede~rian ~.we,wi]l n~Day:more ~ ~e.i~ o cove~ge:br this. PoE sno~ on.~e De=ar~ons Dlicable to ~y Dne.:~r i~sure~ ~This:l~m~ aC coverage.applies reBardle~.of, tbe numar 2.' Insured ~m; .... - ": ...... · ': ....... .. -4'J.Vehicles::involved ~n:~e ~iCent. ~r c~ insured by us c~n~ be added ~ ~¢'~ked ~ no insured ~s e~te~ to ~ce~ve dupic~e Ifyou have.sete:ed ~is o~on reiMIv~ c~ ~dd' or ~K~e'Under nsured ~0n~ The LIMIT O~ O0~GE in the Gene~~ a~d se~on' NON; S~F~;CKINGi'DF. UNDERINSU, __j CO~GE LIM~S tfyou have setected this opfion.(the. Dectar~ons ~I1 in- db~e non-~cking applies) then t~e Lim~ of Coverage under ~is policy's General P~visions and ~e Limit Liabil~ under P~ 5,'"'H~w.We ~II S~e ~ Ct~m" a~ ty to you'and any other.~emon insured under this ~is me~s ~at ~ you-or'any o~erpe~on ins~ red' u~der ' 1)' In a Cat'S,tis'insured by~is'polic~ ~ We ~ill not '. :.pay. ~re th~ the iim~'¢li~ii~y'for the p~dicuiar '.car:involved'in ~e ~cident," ' "~:'"" ml~iv~ o~.~ile a pede~dan -- You.~r~ e~ed to the highe~ iim~ of Undednsumd Motod~s C0ver~e a~l~le on ~y one ~r ~t°~iCb Y~u ~e a n~ed insured or"an,,insurad 'mlatN~.. If,,you'choose ~e..coverage &v~l~le to you as ~ insured under ~iS.poli~ p~, then we ... 77. '"~ ;~:.~ai~e,~ 7 Jf".:~, :"'a~o5s~ the ;/.i: ;*:': 'pa~7 ,.;,.t ¢"::2.'" '; ~'~.' :':' .. :: ';'.~'. '; .~,'=";'; .". ·'" ", ~is lim[-ef. ¢o~erage'.~pties..regardle~.¢~e number ¢ polices, insu~ds,.insured ~m~ clam¢ m~e, or ~m 'in~°i~ed''i~e ~Ci~~ 8¢~.Co~e'~¢~& ~6~ ~e~ ~ insured by ~ c~n~..~ '~8&8 t° or'~ke~ ~n ~e Llal~ OF LIAtI[ITY--iODI[Y 1~3MRY: _ACH :~be It~.,,~?d U~de~..UNDERINSUR~ MOTOR- LIMIT OF LIABILI~--B~ILY'INJURY:',*~'CH ~e~iim~ '~e~ ;.~e~': UNDERINSURED::MOTOR- ISTS--~CH ACCIDEN~ o~ tho'.Declarations, 'istthe limit o~ our li=biii~ for ~] ~agas, including dEmages ~0 .for. care or toss. of.s~ ,~ ;rising out of.bodilyinjury as.a result, of any one.accident. Any'Medical Pa.vments'de~ermined td be' payable under this paTt are subject to a m~imum pa~ent f~rthe ser- vice prDvJded as established by A~.6....: :...: .2" If.s:prevailing medical.fee, cha[ge .or payment has not been ca c'ulated uade~the Medicare,P:o.gram for arrest. ment, accomodation, product onseryice, theam~unt of our payment will not exceed B0o/b of the medical pr~ viders usual and customary charge. Paymem for ac~e care.in:a~ accred~ed acute ca~e facii[y or burn ~unda~ tio~ will .not exceedthe usual and cu~oma~ charge:; ed, an insured covered under this p~A':ma~' reque~ reconsideration of the peer. rev ewJnbial..dete~in~iun of the disputed medic~ necess~.of tre~me~ or ser~ ViC~ redbe~ for ~eC~der~n'md~'b~ m~de'~i~ A~BIT~TION . owner or oper~or.of an undefi~red;~t~'~".;;~ .- 2. ~ to the ~Ou~f,:compen~tbwod~ages;,~¢.~ . E~er pa~y maY make a.wr~en ~emand fo~a'r~r~ofi~ In this event, e~h pa~'wilt sele~aq.a~or.~om the n~ ag(~.~in.30.da~¢e~erp~.~ay reque~ec. tion from"a 'judge' of' a' common · .juris¢i~!~n. ~ere ~e insum¢ cl~ing.¢o~a~ lives;~ 1. ~ay the expenses it incum; and Arbffra[on will be conducted i~ be county where the sured lives. Local rules of procedure and evidence will apply to the en~re Arb~r~ian proce~. We.will not arbitrate q~stions of Co. o~,lav¢ as to whether a person.making a claim is. covered under the policy, or. is.exiuded.under the policy. All disputes affecting the .scope o%.coverage, the amount coverage, a person's right, or eligibility.to make a ciaJm, er the.insured's setecticn of coveragel will.be de, ermined by the cour~ in the county where the insured lives at the time the demand' for arbitration is'made; or a, Federal Dietrir:t*Court.whose.jurisdi~on includes the county where the insured lives. Following'the:entry0f'an arbitration'.award; either party may file a,petition to~vacate.,or modify the award in the court in the county where the arbitration was.conducted. 'Fhe court may modify or correct the award where 1..:The arbitrators addressed .oRd.,resolved issues - ~'.~, not.,withir~¢he Scape.¢,$he r.authority under this "2..:rhe'arbitrato"fs-failed. tn' ~; or cbrffinue the -' hearing,in'olde]- t~.permit, a,~l~ait)'01bpcrtunity to pre~ent appropriate:e~denoe,orie~mon¥; '3: -The arbitrators':Were"bia, ser3 in~the~conduct~o¢.~t ' :thehearirig'andthe, entr:y of~a;n~' award; :~:~. ..! .' Either party was denied '.a,uprbpriatE¢"due ~ro-' · he arbitrators,¢omrnittect an error:ofJa~V.,suct~ that had it been ~ verdict Of"&'jury'the¢ourt' i .... Arbitration.will be conducted in accordance with the Pro> ~ s~ons.of,.tha..P, ennsylvaRia Uni~crrn.Arbitr~on Act. and JUDGMENT ~:' ........ ' e w not 1Se bound by anyjudgmen~ against.any per- son or organiz, ationwhicb..was obtained.witho~ou~writ~ ten consent. 'P, AyMENTS, REDUCED ....... ; ....... Payments;'will: .be; re.~Uc~d, by!,'ar~y';;ambunt, paid or payable .t3v persons .respoRsi/21e for the .accident Pa, yments-"t~nderthiSpart'"will alsb be [educe~Fby any amount paid or.payable'by, other sources or unde.r.t, his polioy-excabt,Medica ~payments (.p. ar~'2). OTHER INSURAN(~ ..)UR D~-R. Ifthere is other insurance which covers a Io~ under this part., we will pay our Share of the'loss. Our share isthe' proportion our limit bears to the total of.al/ap;2licabie limits. OTH R I SURANC --NO :OWNE ) CLUDES A SU.STn'UT=' ........ we will pay~ose d~ages~at are exce~ over amou~ payable-under any other insurance, up to: ~ur iim~, of A, ~riorib'es.~.of,Polic/es.,,We,wilLpay under,.this ;. m accordance with .the.followin ,.._,? priorbies. We.~ill not ~ay ~ther~ is,an~herjm.. . Fi~,:..., ~he p61iqy~0~er ng a moto~.yehic e cupied b~ injure¢,Perso~.~ the~me ' ' .. ' ~e~cident.'_. ,'.'.~ ' ".' '. .:,:. ~..,..~e~o~d .~e po cy. covedng.am~or ~ehicle which the i~ju[ed pe~en 1. ~e insurer .again~ ~ich the d~ 'i~"~' =~ ':.;' insurer~is.~erea~er;e~ed, t~.tecover-cam' :' ' ?:' :, ':tfib~on. pro.~,~om any ~er~nsurer~r~e' nm exceed the amount palate' under'~he': ed in a m~ner ~'to Cre~e an Unre~0n~ie risk PAR ' iii FIRST FA,. BENEFI.TS PAC 6/PA The Ocmuanywilj pay.first Carry benefits'for medical ex- hanses and if ourcnaseo for: a. income loss, and b, funeral ex-~eneas...- . . .. for bodily injury ~o an eligible person resulting frcfii the mar~enance or. use ¢~.motor, vebiole as a. venicle, Also, th e'.C0mDany wiJ pay. death'-benefits.~fiaing from boclily.':inji,ry; to..the"named Ineumd-or-resident relaflve.,rasuiting from..the:maJn~enance or use of a motor vehicle as a vehicle, . .... Only'the b~nefits'shown as applicable'b~ del Jab ~nou nt In accordance with Act 6,' ~ii~i~:M~Uicai Expenses which reablt f~0fn a'car abdide~covered bnder this part Will be. ~)'ai~ Up to our-limit"of EiabilitTfor this coverage subject'tb"a:maximu~ffsOf:the 'cd~ehz available and prevailingchar[Te for the service Drevidad:as establish- ed byAct 6 Ifa pre.va nB Medical fee:"chaOge'.cr'Qayment ~as not been caicu~azed .under.:the 'Medicare,,Pr~gram for' a ~ea~*nen~ ar--commodation~pr~rtuct ~r~.service, the amount..of_our.:payment.;will,,r~et,-exceed :80o/t~ of the M edicaJpravider!s:usuai.and oumcmary, cnarge, Pay- ment for acme care if any accredited acute care facility or bum .foundation w not exceed the usual ann If the peer:review, orogram,.as, tabli~ed,by Act 6, is utiliz- ac, an insured covered under this,part may. [equest racon~'ideration or'he.peer, CeliaC'ih tialdemrmina~on of;the, disputed medical necessity 8f tre~menz or ser- vsces, within 30 days of Such oet~rminatJ:on, "" "' "bodily injury" means accidental bodily harm to a person and that person's resulting illness, disease or death. "death benefits" ~, benefit paid'b~ause.ofthe death of the named insUred a result of injury sustained ina motor vehicle accident if death occurs within 24 months from the daZe of'acci- dent. The death benefits shall be' paid to the ad- min!strator or executor of the ']nsureid's estate. "eligible person" mean~:. (a) the named insured:..cr any:resident relative; (.b.) any other person.wb (1')' while occUpyingthe insured motorvelii; ". <.."-:..if:injured as a result cf an aC¢identin Penn- ".. ' sylvania invol~ing the insured m~or.vehi. cie. An unoccupied ineumd matcr,vehi. ~ : ·cie. is not a m~torvehicleinve ved in an ~c-' :.: ...:;..., ... .., cident unless.it. Was. parked in a~.manner as · :. ,':to Cause.u~reasonabledSkofinjury, "fUnemlexP~nses'~ means reasonable expen~e~in. curred directly.related t~.;funerak burial, cremation or other disposition of the romaine of the'deceased eligi- ble Pem~n,.Tt~e"eX~.en~e~ n;lust beJncurred as'the r¢sult of the d~tl~ bfth*~ eligible peraon and'~bhin ~4 includes reaSonAble'eApens~-actb~ll~"inc~-ed for eligible pemon:wo0td have performedreXce~ ,.(b). special help, thereby en~b thereby .r. edcJcing rices of grcss'.i'ncome;:..: (a) ices of expected incom'~;~.for.'~.r~i;:p~d~ei-~Ciii0¢~ .~. in~ the de~th cf an,eligible pemon; (b) ~"e'xl~enses incur~d'ffor'=services'; perfS~med : :.. dollDwJngthe death .of an .eligible person;,.o[q '"(c) :'any toss cf. incorn~ dUri'ng the first five Worki~¢. d aye the eliglble;pemon::did not:work ~.fte'r.the~ accidem because of the bodily injury, .~ "insured motor uehi¢ie" means ~ ..,~ ve~hJ~.je: · (e) to which toe bodily in.iury liability Insurance.o~ the Policy. aDDJies:..and (b): by wnich~he named insured m~n~ns fir~ Dar- . ~Y Denef~s coveraoe as're=uired un,er Penn. sV'lvania Motor Ve~cie Rnancia.Responsbilitv "medical 'expenses".-means.,.[~asonaD e and necessary charges for: . (a) medical treatment, i~cluding b~ Dot limited (4)~,¢medica~:,'hosp~l, surgical, nursing eno ~" · 'dental 'se~lce8; :,~, :..~: .... (2) medications; medic~ s~p~lies...ahd ~r~ s~etic devices; and *.::. '". ¢,,(3)' ~bulance. -.~ .,.: · ';~b)¢'mSd ~&i' ahd ~S&&biJ'bative seRi~e~:,, in~ibding '"'~b~ not li~Jt~'d~o:'"'=r: '.'. ".}'-.;'~ .~:' ', ',C~ ',~ .. -' - ~ ~ : : '~ ..... ">":':" reh~iJba~on'a~o~u~tio~J,therapy; (4) optom~dc se~ic~ ~'~;E~2LJ;?. _ ..... ::..:. ,:. , .audiology.'.,',..' ,, .;F'"' ........ =:(c)..' nonmedica, ;,emed~l~ba~e:. and...~re~tment "'".'rendemd.qa~ ~cordance w~:.a recognized '" ,' '.;" ~ligio%' b.r-iicensed-m~hed ¢'heali~g. ~11 ~e¢[c~.~ea~en[ ~.~ic~ ~'~ilJ~¢~ ser- wces mu~ ~ ~ d~ by 0~"presCdbea"~'~e~on or ~l~: ~Pr09ed-;'by 'th¢*'Dapa~e~'of:'Ne~, the equivaent gdV~m~e~' a~ncY'fe~ns~ble'~¢ he~ Pregr~s'or.~e~credi~ ng.design~.~f~ depa~ent or. agency ~f..~'e t~te "in;,which' those?settee are Pro~ded...;.:..:...:,,,. :.,, h.r~.,..=...:..,. :.~'; Pa~e~ ~ medi~imms ~ l:¢~ff6m ~ o~.acci~e~ causingrbodi~Jnju~,.sh~j be only. jf ~.w~.~ce~n~le.~ ~on~le:medJcal babJl~ w~hin 1~ mont~.from.~e date of accident that fu~er:e~penses.would be.incurred as "motor vehJ=ie" h,_.~,, any vehicle which, is. propelled. But,.a motor, vehicle does not include a vehi- cle · which is oropelJed: (a) so~elv Dv human. Bower; (b) "by ele=rJc Dower 0b~nea'~om'~verhead ~olJey wires, or .. "named"ins~md'' 'me'ns the pe~on o~ organi=tion "occupying,, mea~s in o~ up~n, t~ri~g ~r.~i~h~ng from. ' fb)~ ~ny pe~on [eJmed:m..:~e:named,insUmd.by blood, mardage'or a~oCDn, incbding,a minor whether or not te~poranly reeiding el~eFe:.' m~' %is,covera~ does. not ~p[V to bod,~!~:~ju~ to. ~" (a) any ~mon .~o'ls red atered m~or . business ¢' ~ePadng;"se~JCi~'g,' Or ~e~ise m~ning motor Ve~J~i~:ff b,e;bodJi~inj~~ (c) su~ined by any pemon ~ 'a d re~ re~ ..~ loading or unloadinB s motor vebicle?:..,r-":-. :~ ltaetor~yctes~ .: (d) any person' while ~,,cupyinD a.mcZomycte, mC~or- driven cycle, m~tcrized pedacycle or like vehicle required tcr be registered under Tit e 7'5, or a recre~onal vehicie not ir~endeq for hichway use; Non-Authorized Users. (e) any person other than.the named insuredcr any relative, white maln:ainJng .or Using a motor . . vehiolewithoutreasonable betiefthathe istegally - entitled to'Old so;' "' - ':'? ',, · .. Non-Occupants in Other States. ' (f) any person not c~:~UlPYing a m0~r;~;ehiki~' than the named.insured or any relative, if. the -. accident,:occurs~*outside the Commonwealth of · ..m e.nneytvarlla;..;.; :.::.:: .~. · ,.. 1.:c.' :~.::.:' .,',' Psrked'OemperVeiflolls, 'Etc..i:".':"..'~..: :;. ', (g) ,,any p~rson while m~jntaini'ng or'r~s~ng a m~tor "'~etfir~le';while 10cate;l':for Use'as a-residence o¢ premis~'*: L."::,'. ¢,-:.' ,'" -'" ~-.'~ :.'.. :~ ,:...;.-, War, Riot, Etc, ,.~. .... . .... '*.:';. ~': ...... ? oivil:.:war~ i~sUrrection, :revolution onrebellion,or. · ~-..:,.:.any acoompangjhg acts or conditions i; i;e" ": '" :':'¢' ". :.,..:.r .....; .;. (]) any . . . ....... · ..... ,/.,'.:¢.¢ .-; person who intentionally injures or ~empts ".'" to"intentioriall~'i'ri]ure:~imeetfbF~:noth~r; and ei; Y-'.Or...,':;,. ,.....,;;.::'. ' (k).':~a. ny-_peracn,wh0, ir~j~r;;';[qi~s~lf or.~other: whii~ ¢.ommitting a; fetony.or.:aluding.tawful apprehen- sion or arrest by a taw.,anforcement official P'°!i"cY'Pedod' ..... ,...':'d,*; :,'~::..?,!i .::;'~ ,,:~../. Terrfto ~..... ,;: ¢ '"' . '. · .; !.,.'.'..' .... :,,¢i'.";.". 7Fhis coverage appIias onlyto accidents which occur dur- ing the policy period and within the United States of America, its territories and possessions or Limits of Liablllt3 The limits of liability abpty regardless of the numberer persons insured, policies or piano of self-insurance pficable, claims made, insured motor vehicles or motor· vehicles involved'in the 'acoiderlt. The Com- pany's me-mum lim~ Oiiabfl~ for medical expenses, m~oms leas, funeral expenses and death'beneflts with respect :o bodily injbry to any one eligible per- . son in any. one motor vehicle accident is Shown on the' Any amountpa~able by the Company Under first Party benefits s. hall beexcess over all benefits an eligible per- son receives or is entitled to receive under:any worker's compensation Jaw or similar Jaws. A. A~bn Against company. No action.i Shall lie against.tbs Company, on the part of any eligible pomes unless such perSon.has.fully complied w~ all the terms of this coverage.' ........... B, Nob'ce. If an accident occurs, 'written ncffJ~e ade- *:.,¢ .. ,quataly.. identifying, the eligible .pe~o~ and' · reasonably,accessible facts concerning the time, · placeand.ci[cumstancee of.th;~.acoidant shall'be : '.' each eligible person to the'Company or any of C. Medical ~epor~; Proof of Claii~[ i A~"Sni~n as pr~c- .. =? ficable.the eligible person, or. someone on his behalf, shall gi~e the.Oempany:Wrttten:.proof'of claim.under oath. if required;,:fully describing the ~re an .cl..extent of. b0dlly, inJury, tre~.ant and , .'[ehabilitati~n. received ..and' C~temp ':: ed.'bY the-ComPany unlassthe Oompany,fails tel: · supply such forms within 15 days after receiving-, _ notice of.claim ........ ....... ~ The eligible person shall submit'.tcsmantel and ...: ,.phyeical examinations b~ Physicians,selected by, · the:Company, when and as often as the.Compar~y~ may-reasonably require. The Company. will paythe~ costs of such examinations. :-,,.~..::. ~ ?.; · -'J'heeligil~le.person (o4 in'the~ .~, ... ~On's in~a~ ~.O~'death, hi$ teOal reP resen~five) 'snail if.~e, Co~pany reque~, sign P~ers enable the Corn ~anyto ~an medic~,re~s and c~piss.ef re:or~s. A c~py of suc~ medical will ~e fo~arded t~ such e/iD b e p~r~ Upon h s : ble. pe~on ~re~enti~g ;uch ¢ a m.s~alJ a~horJze the OomDany to obt~n' d~Js of ~1 earnings paid to him by an employer or earned by him since the :' :"timb 'of the J~jU~ or-dUri~gff~e Ye~'i~'medi~ety ."' Wd ~ 1 ~ ~i~'~.~ ~n~er in~urer ~ a higher '"~', :;;:"' '.~¢', n~nlm~¢in~md under ~n~her ~';"~:?'"s~',~ *.' ~"¢' ~= -.r g ~ .,~ge onder the h' ~: "~'?:~"~D~"';'?..'~~'¢'~'-~ '~r;,~z~, ,~, .-.: ~J~ lng ~ ~;,~me-~f the ~den~ ,, m~r ~emcle: nvo red n the ~ n~ prov de~ c~rage undo; two or mor~ ~ C~ h~ ''~ ':~ - '''¢ ........... .u,:~.:.~.~.~ ..~ ..,,. ~. .~ ~¢e~ua p~i'~y. . . The nsurer ~g~n~ ~icb the ci~m i~ ~ ~d~ 2, The max/mum re~o~/er~;under all policies: no~ exceecf tne~ amount,Dayabte,.unaer, policy With the nighest dolJar'JJmEs of bene~s. For the ~urpose of Oete~mmg ~io¢iii~ an unoc; ~manner:~ iD c~ate an'unre~s~nable..?jsk.~ injur~. .'~./ndemn/~. The Corn ........ ~any nas ~e right of inaem. .. ~ n~y against ~y per,om who: ~. nas conve~eo ~ ~otor vehicle; · ?:" &. eludedCJa~FaDPrehessJ~n:Off, a~rest b).a}a~ . ~rson or Jn~u~on cumomaH y cha~'fo~ k~; u.' ~vJces;in:~ases..nvolvJng no::~nsumnce?. ..... ~;. ,'." 15: PAR.'.T 7 ADDED'F,. PAC Z/pA";(ED.,.. 7/90) : ....... .The.company ~g[eesthatamounts paYa~le.fo.r bodily mjury~o an eliBIble pemon underthe "Limits of Liabil- ity 'provisiOn o~' the Penn~ylvani~"FirstPady"Benefits Coverage en dorsemer~t (pAO 6)is changed a~ stated The Company's maximum'~imi~ df li~.Siiity for m&dicaJ expenses++' in~ome:'ioas~ ~funer'al,:~ ex, Prises and death benefits with respe~ttcbodliy, inju~to any one eligible, perso~ in any one motor ve,h, ici~ acc dent ..~( )"benefi(s. payE~ble for expenses i~cu[red up to These hm~ ~'fhabihty are sub]e~.t:!¢'spe,'?..lfie'~ ]i~'its for (~.) The' maximum amoUnt"p'~'aB~'f~¢ ~eath benefit~ ehn'lFn6t exose~ In. acc...o?'d~ce.wit_h ACL 6<eligible Medical Expenses sl~je~o, a. m'axlmum of the"Curr¢.~..fl.? ~.115~;I.~ and n.a.p[eval,ag Medical.fee, chacg~o~payme~t..b~.S not tbreen calou.(a:t-¢.d.'.'~;;L]'.n, cier'.th~LMedba, r,e.P.,ragram,..for a estment, accommodation, Product or ee'~i~a, the amount, of our payment will not exceed 80% of the Medical provider's usual and customary charge. Pay- ment for acute care in any accredited acute care facili- ty or burn foundation will not exceed.the usual and customary charge.. ........ Ifthe ~eer rev ~w p ....."['st~'~iiShed by.~t 6; i.~ utiliz- ed, ah'ins~re~ Covered"bnder this Pan may Ceque~ reconsideration of the.~er ~¢iew;in~ial determination O?~e~isp~ed'medicaPnecesal~oftreatme~ or ser- v~.¢~;. ~h'i~"a¢' da~s of. Such deteCmination,. . boner,s in accordance wit~ ?":';' '"~ PriB~i~ie~: We~ 'k~'~. fthere is'another . "'"" :..,,, - '~; :.'~".,' Second.7~e msu(e~Pr~y~ing ben&~idth ' : . . ........B, n~.'.~'a~.i~su'~e~'~nde ..... ~ ........ whlch'th~gi~ie.~emen is o ' , '"' ..... = 'pymg"artn~m~ of the ~cid ~. "~"~ '~rf~;~:4'~?~~ ~:f~','f2 (~'~,;'>~"~". · . · a~.m~tm[ ~i~ nyc ved'in th ~c~dent ~f the'ei~lble pemon: ";'~B'(;(, ~'";~8"'~'&(~). S..n~rgv ~p~. co,eraSe under · If' ~6 en~m~eli¢~a~e~e~al prion~: --~e~, '~(.ins~r~nag~n~: ~iCh:. the ct~m .i¢'.fi~ · :made shall presaged paY ~e cl~m ~ ~ 2.. The m~m'~,re~gve~ under ~l Polities will .?m ~xc~ed~he .~gn~ pay~b!e un~er,~e · ..' bSlibg'~H'~e'~iCH ~ d~Har ...ar me purpose of determ fin 'riSfi~ ~ '~' ' . CuDlCa pa~Kea n~to~v,hiEil i~:b'Ot'~ mStor ~ehJ. cie involved in an acuident unl~':i{ ~'Parkad in a m~ner ~ to create an unre~on~ie risk ~inju~. :~ - 1 - - ~J-~IrlI~]orI=~: ....' '. ' * ~ ,,, .... :.... ..... . .. ~=-~10~ INJLjF?y ' .... ' ~* :~, '~..~ ....'. .... :' A nmn-owne~ mm~mr'vehi=te is a motor vehi:Je whi:h is n~t =w~e~ by, re~'S:ere~ tn the furnishe~ ~r availabje for the. re,mar ~r fre~fien: us~ cf you or .~ hmusehol~ resident. ~:h Person who eie:zs the full to~ ~lzern~:)ve ~n~ e~:h mm;son ~hm ~s Doun: by su:h etemtion e:~nm~i: i~s sustaineo in a motor vehicle a::Joem ~s the :o~Se~uen:e ~f the fault of ~no:her ~erson no: insurm~ uno~r :h~s E~:h Dersm~ wh~ ele:ts :he Iim~te~ :m~ ai:ernativs'mn~ each Person.~h~ ~s boun~ by Su:h ele:tion of the nm~e~ insure: is eUgib e to eeek: ...... vemcJe ~::i:en~ if the'm::):e-. :- ~ omPensm:ion for econom; .... ' . . :he ~n)u~. sus:aine~ is serious, as define~ unOer :h~ ~efini:ions se:;ion of :~s ~oiicy, ~ersmn bmun~ ~y :he timi:e~ zm~ alzemativs is aisc eligible to seek :ompensa:ion for . non~=~no~i: Jo~s from :he a~-fautI.~a~y not insureu un=er this ~olicy,, :he injury susie)hmO'does not ~ee: the definition of serious m(ury, em:h ~mrsom bounU by :he (~) .The Oersom bo~d by th'~f~:~::= ........ . non-e:onomi: J~s~, u~tes~: a) The De;Son Et-fauit is convi:te=, or ac:eD:s ~-~elerared Rehabilitative DisDosition (ARm) for =rivin~ under t~e infiuen:e of al:oho) ~r ~ :o~trolle~ s~s:a~:~ i~ ~hEt ~::i~ant; :) The ~erson at-fault intenUs t.o ]njure himself or a~o:her person. This does not in:lude inten:Jona~ a=:s, failure to a:t or 'to act Wi:h th~ reaii:a:ion :~at it :rea:es a grave rJsk of :ausin~ injury if for the purpos~ of. av~in9 bodily,inju~ :~ himself ~r an~:ner ~erson; or, dj The =arson ~-faut: has nol main:aina~ linen:iai ras=onsibility ~s ra=uirad by law. The =arson ~ho is bound by the limi:eO ~o~ alternative wilI remain eligible to seek m~nufm:turin9' reDairin9, servi:ing or otherwise m~in:aining mo:or vehi:les when the :iaim arises mu~ of a ~ef~:t in su:h motor vehi:Je wh -h s .aus -' ~-,, ~Us~n~ss, Other :ham a Oefe~, ~- --~' -or~.~ed-by~n a:t or' The iniury i~ ~u~ined whJ]~ art O::UDR~t of g ~oIDr ~'en}:Je ~:n~r Zhar~ ~ ~rJvate your m~t re=en~ ~e=Jar~tiom~ and your '.' .~ ,.~'~ .... -~.~. ;~ _ .. This D~licy :s :$~ue~ re~yin~ on t~ ~==ura~y of mesa ~tatement~ This ~oJ.i;~, with ~he ~otizy ~e use in th~ new LIF~IME ~,~ AT A~E S5 ~n~er the ~rmvision titJe~ "~/f~/m~ Re.ewe~ At ~ ES," the first ~ar~gramh is re0t;ce~ by th~ foliowin~ ~ar~ra~h only if the ~oli~y has an original ella:tire ~ate.~ri~r we will offer you similar :~verage in one' of our atfilia~e~ :om~anies if YOu have had car any rene~a~ ~r reDlacemen~ D~ it) foJJowjn~ your ~Stn bi~h~ay. The ~rovision ti~le~ ~17fetj~ Rent.el ~t ~e E~ is Oeiete~ only if'.thm~olicy effec=ive,.~ate of 97~D191 or later. The ~rovision ti~ie~ "C~nceet~ or ~rau~," is a~ed as follow~:' .-' ~nan SD Oeys and ~ou or any ether insured un,er this policy h~s. ~hethe~ bsfore or a~er a I~ m intentionally concealeU or misre~resente~ any material fa=~ or cir=umstan:e;.-o.r ~. maae false statements ~r e~ga~efl ~n. fraudulent b - Cancellation By ~rizten noti=e at tease.,15 Oays De~re it is cancelle~ If you fail t~ Day a ~remium by the daze ~ue, 1. You ~o not ~ay s Dremium or Dremium in,aliment by the date ~u~. We will send you ~ ~inen notice at least 1~ days ~ef~re the policy is =an=eliaS; . Your onvars h~ense m un~-r s~nsio- ...... . . . 2. The ~oliry was ~btained through fraud or materiel misrepresentation. W~ will sen~ you writte~ notice ~t least 6D ~ays D~fore the ~oii=y is =anceti.e~; or 4. Any ~ditional r~ason~ oerm}s~i~ie unOer th~ la~,s of your state are P~esent. - 2 - any se~l~ment or jud~m,m. __ HAN~=~ TO PA~ 1 ~,~1_~ ,~r~ ,:or Hire" is ra~:~d by ~h~ following: Nonrenewal ~y ~om~any ' Gen~ra; Dud~s - If any ~ersons insure~ unamr thi~ Doii:¥ have ~ mar a::iaent or loss, they or ~sle~hone num~sr shown in your Claims ~ervi:e Fo.l~r. We w'ill want to know. how the ~::idan~ or loss ha~penmd, names an~ a~re~as of People invotv~, .witnesses, '~n~ any injury or Persons maki'n~ ~ claim under this ~oli=y mu~:: " % tnf~rm u~ mi the details of. rh~ a::iaent or 1o~ in writing, if ~ Cao~er~ts with u~ in inves~i~a:in9' ssrtiin9' or al,fending any I~ or suk. representatives in connection with Ina ~::i~em or l~ss. 4. Be ex~mine~ by o~ ~o~ors for their inju es' t~e m~s~ of su:h examinations. ~ as often..~ w~re~onmbly · r~uira. W m ~ive us written Permission to obtain their medical an~ other retevan; remoras. 7. Give us a s:atemeni under oatB within 3D days of mw 8. Remora ~ hit an~ run a::iOent or' loss to'the poli:e promptly .~. Allow us ~o ins:e:: the :~r if ~e reOuest NIOT~R V=-NI~,L--S FOR wn~ ~es n~ ~wm ~ =~r ~r~ =~ver~ ~ ~itn~r Th~ Prom's'on tJtle~ "Cars ~or ,~ir~" )s re~la=~d Dy th~ following: =~vere~ ~f injure~ in an ~==i~en: while ~ or ~r~perty for ~ fss. ~NAIUGE~ T'D PART The ~rovision t~tle~ R_nr~/~ ~v~r~o~" is replmce~ ~y the following: ifa ~r you own is out ~f use for more than 24 hours ~ecause of we reasonaDIy revues:. ' . LO~ ~.Wi~ NOt PAYFOR M~TOR V~l:~ FOR HIR~ fe~. This ~as n~ in=lu~e a mar ROW ~ WILL SE~ A ~LAI~ .... Payment for tozs of or ~amage to a =~ :overe~ unaer this Pa~ will be maoe tm the ~arson or organization sho~ in :~e De:Jara:ions as the toss ~ayee or the aaditiona] interasL This ~ayment will b~ ma0~, up :o the amount ~f the Io~s, ~o th~ ~an; that th~ loss ~ayee or the a0diti~nal Th'is insuran=e; :overing th~ interast of any loss ~ayas or the aOditional interest will not inva ~at~d ~e=a~se o~ tha insur~d's =onve~si.o.n,..amD~:ztement or s~:~tion of th'e'car.-5.ut,wa ...... reserve the right to :an--al or nonranaw th~ poii=y ~s p~rmftt~d by it~ tares. The termination ho~j;~ will en~ ~hJs agreamen~ with ail ions Daye~s ~r all additional intarss~s. ~van:B n~:i:~ of mame~ insured. ~ay~ or the ~di~iona[ Jnter~t snail Do so within BO ~y~ of noti:~ Dy u~. Further, ?ne los~yee When ~ D~v th~ loss ~a, __ or th~ a~ditional interest, we will, ~0 the exr~nt of ~aym~nt. ~ ~yment under T~Js DoJJ~y, w~ :an m~ke se~ar~ ~ym~n:~ tD ~h ~rty ~t in~er~t,. Dravidic We LOE$--S W'~ WI~ N~T.PAY provision tJtle~ "~8 ~o; ~7~" is r~Pt~:e~ by th~.folJow}n~: LO~E~ WE WILL NOT PAY RE~LA~Y M~ NO'OWNeD MOTOR V~ / We will n~ D=Y for a Bodily tnju~ or ~rmpm~ ~mnge loss ~o any=ne un,er ~=~s 1,' 2, 3, 4 or you mr' ~ ho~ehol~ resi~em is usin~ a non-m~e~ m~tmr vehimle not insure~ un,mr this furnishe~ or ~vaii~le for the regular' use of ~o~ or ~ ho~enold r~iOen% The provision ti:led "A~ B~/n~" is reptameU by the following: But you, ~ r~i~ent relative, or any business ~soci~t~ (for whose u~e of the :~r you m~y ~e held Nor~-Own~cl I~ot,,r Home Ar~i Tru~/Va~ ~ers t~r~:ions t~t =Does with :h~s endorsement h~ the :~yera~es s~ on :he..De:i~r~ti.o.n~.. ............... AH Drovision~ and ex=lusi~ns of your poli=y aDply, for ~he period shown on the De=l~r~tions ~s f~llows. , nrou~h~ut th~ p~iicy when referan:e is mad~ :~ ~ :ar. it i~.=De:ifi:aliv limited t~ :h~ vehi:i~ snown on tn~ g~cJarati=ns. · . -5- *BDg-DD[ If you have this :overa_oe,(see the '~a'"larationa) and ~r~ injur~ in ~ ~r ~id~m, ~ will ~ay - ~ID,DOD for - ~ID,DDD for loss of b:th, hanU~ anC both feet, - ~lO,DDD f~r I~s of on~ ~n~ ~n~ ~n~ foot, - ~,DDD f~r !o~ ~f ~ne h~n~ ~r one f~o~, or - ~2,BDD for the total ~n~ ~erm~nent I'o~s of ~i~ in one eye. The m~imum amount we will pay ~or all bodily inj~i~ in:tuding death for any one eligible person arising out of ~ :ar a::ident is $1D,DOO. Bu~ the most.we will ~y for muhi~le injuries arisin~ out any-one ~::ident is :he highest amount a~;li:a~le :o any one injury. ' live .with you, Payment Wili be maa~ to your estate. The ~eath benefit pavabte ~or another eiigi~le~a~wil]be.paidt~:he, namedi ' "· · Othe~s~, :ne ~sa~ benef~twdl'be pai~ to-t~e eliaibte ~on's esta~ ..... ~sure~ ff hvm~ We will ~ay an eligible berso~ ~SD ~ week., fm u~ to 52 weeks from the ~ats of the a::iden:, while - ts gainfully emDlmye~ on ~:~mb~sis atthe time of the a::i~en:; ~n~ - ts totally an~ :on:inuousty dis~bte~ for at least 2D OaTS after the ~::iMen:; - ts nDt entitled t~ E~NEF~ A payments. We will ~y an ~ii~i~te ~ersom ~3D ~ week., f~r u~ t~ 26 we~s fr~m the ~ts ~f the a==i~snt, white hs or she is :~:~tty and :~ntinuou~ty disable~ from the ac:i~ental bodily injury if ~h. eli~ibi~ - Is not emDloyed st tn~ ' - servi:es; an~ :~m~ ~, the a::i~ent, but provides ordinary and n~ze~sary househol~ to~ll~ and :~ndnuously ms~bl~d rot at t~s~ 2D d~ys ~fter the a::id~n-. -Rs~uirs~ medical treatment ~uring the ~riod of disability; Is n~t .nd,]_~ to ~N~F~ A p~ym~n:~. Pmdenlia] Finsneial Apri! 17, 2002 Mar=us MrXinight, Tlr Irwin, M~Kni~t and Hu~s 60 Yv'est Pomfmt St. Carlisle, PA 17012 PRU,DENT', Z~L P&C PAGE Pruclential Property and OasuaJi,/ Insurance Company Horsham Claims Office P.O. B~g77, Horsham PA, 1gi)44 T_~I 215-8~8-575.3 Fax 215-65~-5703 Claim N~rmb=: 46S140P9-I2072 Insured: lohn D, and Ther=-sa M. P=rk~ Clairna~ John D. l~erk~ D~te ofbss: D~r Mr, McKni~: We have ~evirWed th~ facts surrounding ml, lo~s and mus~ ~ you ~ y~ cli~t's ~ wo~d ~ord ~ no Un~d Mo~t c~ge for ~is accid~t Un~ P~ ~ of~e ~ poE~ U~ Motod~ C~c is prodded ~ ~ i.~ wMl= ~ ~e~ o~ ~0 A car is d-~ned ~s "a private passenger automobile, station wagon, j:e~-tl~e, van i four (4) wheels which is desi~ned for used mainly on public roads. A pickup truck with fora- (4) or six (6) wheels and a g',oss Vehicle weight offless than 10,000 pounds which is designed for use mainly on public roads is slso-~ car,." Thc~e is no cover~ under our policy th:r~for~ tiis company's ccnsenl to s~tle the cl~m of Mr. P~k~'y is ~ot required under th=se facts and circumsmrmes. F~I i've m call me with any questions at 215-658-$753. Please be advised, that due to an u~'ore$~n confli~ of inte~st th~ file will be tnmsfm~.~l to Michael Scheib of~e I ~w I;irm ofOriffiIi~ 8tric, kler, Lc'tmon, Solymos and Calld.., He is locamd at 110 S. Northtm Way, York, PA 17402-3737. Sim~r'JS, Carol D~pman C~mdty Cas~vork~r VERIFICATION The foregoing Complaint is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, in%l'r,,ation and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. c.S.A. Section 4904, relating to unswom falsification to authorities. ~HN D; PEKICEY CERTIFICATE OF SERVICE I, Marcus A. McKn/ght, 11I, Esquire, do hereby certify that I have served a true and correct copy of the Complaint upon the Defendant~ Prudential Property and Casualty ln.~urance Company by fa-st class United States mail, postage pre-paid in Carlisle, Pennsylvania upon the following: Michael B. Seheib, Esquire Griffith, Strickler, Lerman Solymos & Caulkins 110 South Northern Way York, Pennsylvania 17402 Dated: July 5, 2002 IRWIN, MeKNIGItT & ltlIGItES Marcds A.-M eIq~night/~__~sq~e