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ERIE INSURANCE COMPANY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
I L v.. C :,} T-...zA.J.,.~
NO. q, - 54-0 J ~
v.
JAYME THARP,
Defendant
CIVIL ACTION - LAW
NOT I C B
YOU HAVE BEEN SUED IN COURT. If you wish to defend against
the claims set forth in the following pages, you must take
action within twenty (20) days after this Complaint and Notice
are served, by entering a written appearance personally or by
attorney and filing in writing with the Court your defenses or
objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and
a judgment may be entered against you by the Court without
further notice for any money claimed in the Complaint or for
any other claim or relief requested by the Plaintiffs. You may
lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER 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
Carlisle, PA 17013
(717) 240-6100
NOTIc....LA
LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere
defenderse de estas demandas expuestas en las paginas
siguientes, usted tiene viente (20) dias de plazo al partir de
la fecha de la demanda y la notificacion. Usted debe presentar
una apariencia escrita 0 en persona 0 par abogado y archivar en
la corte en forma escrita sus defensas 0 sus objeciones alas
demandas en contra de su persona. Sea avisado que si usted no
se defiende, la corte tomara medidas y puede entrar una orden
contra usted sin previo aviso 0 notificacion y par cualquier
queja 0 alivio que es pedido en la peticion de demanda. Usted
puede perder dinero 0 sus propiedades 0 otros derechos
importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO
TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL
.
ERIE INSURANCE COMPANY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
v.
NO.
JAYME THARP,
Defendant
CIVIL ACTION - LAW
COMPLAINT
AND NOW comes Plaintiff, Erie Insurance Company, by and
through its attorneys, METTE, EVANS & WOODSIDE, P.C., and in
bringing this action before this Court, avers as follows:
1. Plaintiff, Erie Insurance Company, Inc~ is a
Pennsylvania corporation with offices located at 4901 Louise
Drive, Mechanicsburg, Pennsylvania.
2. Defendant, Jayroe Tharp, is an adult individual who
currently resides at 386 pitt Road, Kingsport, Tennessee 37660.
3. Defendant purchased an automobile insurance policy
from Plaintiff which covered a 1985 Renault Alliance, vehicle
identification number 1XMAC9761FK144207.
4. The policy of insurance purchased by Defendant
prohibited an assignment of the insurance without the written
consent of the Plaintiff. A copy of the automobile insurance
policy purchased by Plaintiff is attached hereto as Exhibit "A."
5. Upon information and belief, Defendant entered into a
contract for the sale of the above-referenced insured vehicle
and agreed to assign his insurance coverage to the purchaser,
said assignment being given without knowledge or consent of the
Plaintiff.
6. On October 17, 1992, the purchaser of the automobile
was involved in a collision causing a total loss to the insured
vehicle.
7. Defendant's unauthorized assignment of his insurance
constituted a violation of Exhibit "A" which constituted
grounds for a denial of coverage by Plaintiff for the loss
incurred.
8. Nonetheless, under the loss payable clause of Exhibit
"A," Plaintiff was required to pay the lien holder the losses
it incurred in connection with the accident.
9. Pursuant to the terms of Exhibit "A," Plaintiff paid
the Citizens Bank, Elizabethton, Tennessee 37644, One Thousand
Seven Hundred Seventy-Eight Dollars and Twenty-Four ($l,778.24)
Cents.
10. Also pursuant to the terms of Exhibit A, Plaintiff
paid Five Hundred Twenty-Four ($524.00) Dollars in costs
attempting to resell the insured automobile for salvage value.
11. Under the terms of the loss payable clause of Exhibit
"A," Plaintiff is entitled to recover the amounts paid a lien
holder for a loss for which the named insured is not insured.
12. Because of Defendant's unauthorized assignment of
insurance, Defendant was not insured for the subject loss.
13. Plaintiff is entitled to recover the amount of Two
Thousand Three Hundred Two Dollars and Twenty-Four ($2,302.24)
Cents from the Defendant.
WHEREFORE, Plaintiff Erie Insurance Company, Inc. demands
judgment in its favor and against Defendant in the amount of
Two Thousand Three Hundred Two Dollars and Twenty-Four
($2,302.24) plus interest and cost of suit, this amount being
less than the arbitration limit and requiring submission of
this action to mandatory arbitration.
By:
strowski, Esquire
. D. #66420
DATE: q/~3!~1
WP+ 75~'
3401 North Front Streat
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
Attorneys for Plaintiff
Erie Insurance Company, Inc.
VER I F.lCA1'lilli
I, DAN PERON, Claims Adjuster, Erie Insurance Group, have
read the foregoing document and verify that the facts set forth
therein are true and correct to the best of my knowledge,
information and belief. To the extent that the foregoing
document and/or its language is that of counsel, I have relied
upon counsel in making this Verification.
I understand that any false statements made herein are
subject to the penalties of 18 Pa. C.S.A. S4904, relating to
unsworn falsification to authorities.
DATE:
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DAN PERON
Claims Adjuster
Erie Insurance Group
Exhibit A
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Liability Protection .,.,.,...,.""",...,.,.6
Physical Damsge Coverages . , ' , , . . ' , . , . . , . ' . ,8
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Owned Autos We Insure,. ...".,.",..,.",5
Autos and Trailers ' ' , , . , . . . . , , . , , , . ,5
MisceUaneous Vehicles. . , . , . , . ' , ' . , , , . . , , , . I)
Non.Owned Autos We Insure, . . ' . . . . ' , , , , , . , . I)
Bodily Injury Liability . . . . , , , . . . , ' , ' , . . , .6
Collision . ,. .."".".,..,.".",."...,.,,7
Comprehensive ...,.",.,..,..,."."".,.,7
Property Damage Liability . , . . ' . . . , . , . , , , , . ' .6
Reimbursement For Coverage In Mexico
and Other Foreign Countries .",..,.,.",., .10
Road Service, . ' . . . . . ' , ' . , , . , . . . 10
Transportation Expenses (Collision) , . . . . . . .. 10
Transportation Expenses (Comprehensive) , . , ' , 10
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Liebility Protection ' ' . , , . . . , . . .7
Physical Damage Coverages . , ' , . . . , . ' , ,8
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Uability Protection ...""".,.".,,'" . , . . . 7
Physical Damage Coverages ' , , . , . ' ' . , ' . ' . ' , , ,9
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Liability Protection
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Physical Damage Coverages. . . . . ' , , . , , . ' , . , . . 9
Ri9t,t:. aile; O\.Jtte:.- . Cinnern\ POil:;\' ,. ~:'~lctl\lnno::_ . . . .10
Accounting IE;cchang.) "..,."""...",.,.12
Assignment, , , . ' , , ' . . , , . . , . . ' . , , , , . ' , . , , . ,10
Bankruptcy of Anyone We Protect. . ' , , . , . , . .10
Cancellation, . , . , . , . , . ' , ' . . . , , . . , , , , , . , , ' , ,10
Concealment, Fraud or Misrepresentation ",., 11
Continuous Policy, . . . , . , ' ' . , . . , . . . ' , . ' 11
Cooperation ' . , . ' . . . . , . , ' . . , , . ' 11
How Your Policy May Be Changed, . . . . , ' . , , ,11
Lawsuits Against Us, ' . ' . ' . . . . , ' . , , . , , . ' , ' . 12
No Contingent Liability IExchang.), , ' , , . ' . ' . ,12
Our Right To Recover From Others ,.... . . ' . ,12
Priority . , . , , ' , , . . , , , . . . ' , . , , ' , , , . . . , . . , 12
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Liability Protection .., , . , , , . , . , , , . ' . . , . , . , , .6
Physical Damage Coverages. ".,.',..".'" . ,8
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ERIE .
ERIE INSURANCE GROUP
Mcmtier~. Elle Ins,jtance E 'chill1gl-~. tIle In<;urance Company
Home OIt.Ct>. 100 ~".~ IW,llfc!nCf: F'LKe. tlll~ PA 1i)~,IIJ' (81"1 870.2000
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ERIE INSURANCE GROUP Is proud to pr..antthls PIONEER FAMILY AUTO INSURANCE POLICY. This
Important contract batwaan YOU and tha ERIE' consists of this policy with covaraga agraamants,
IImltallons, axcluslons and condlllons, a Daclsrallons, plus any andorsamants, It Is wrlttan In plain,
slmpla tarms so that It can be asally undarstood. Wa urga YOU to read It.
This Policy contslns many XTRA PROTECTION FEATURES davalopad by tha ERIE' . Wharavar an
"X" appaars In tha margin of this policy, YOU racelva XTRA PROTECTION, althar as addlllonal cover.
aga or .. a covarage that Is not In most auto policies.
Tha protacllon glvan by this policy Is In kaaplng with tha slngla purposa 01 our Foundars: "To pro-
vida YOU with.. naar PERFECT PROTECTION, IS naar PERFECT SERVICE, IS Is humanly posslbla.
and to do so attha LOWEST POSSIBLE COST,"
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In return for your timely premium payment, your com'
pliance with all of the provisions of this policy, and your
signing of a Subscriber's Agreement with Erie Indem,
nity Company and other Subscribers, we agree to pro-
vide the coverages you have purchased, Your coverages
and limits of protection are shown on the Declarations,
which are part of this policy.
Your signing the Subscriber's Agreement, which in'
cludes a limited power.of.attorney, permits Erie Indem,
nity Company, 89 Attorney.in'Fact, to make reciprocal
insurance contracts between you and other Subscribers
and otherwise manage the business of the Erie Insur'
ance Exchange. This power.of,attorney applies only to
your insurance business at the Exchange and is limit,
ed to the purposes described in the Subscriber's
Agreement,
Your responsibility as a Subscriber is determined by
this policy and the Subscriber's Agreement. You are lia'
ble for just the policy premiums charged and are not
subject to any other premium liability under the policy.
Throughout your policy and its endorsement {arms, the
{allowing words have a special meaning when they ap'
pear in bold type:
. "Amended Declarations": see definition of "Decla,
ratioos. to
. "anyone we protect" means any person or organiza,
tion we specifically state is protected under the cover'
age being described. In the RIGHTS AND DUTIES
, GENERAL POLICY CONDITIONS Section, "any.
one we protect" means:
III you and
This agreement is made in reliance on the information
you have given us and is subject to all the terms of this
policy,
This policy, all endorsements to it, and the Subscriber's
Agreement constitute the entire agreement between
you and us.
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In return for your timely premium payment and your
compliance with all of the provisions of this policy, we
agree to provide the coversges you have purchased,
Your coverages and limits of protection are shown on
the Declarations, which are port of this policy,
This agreement is made in reliance on the information
you have given us and is subject to all the terms of this
policy,
This policy and all endorsements to it constitute the en.
tire aweement between you and us.
(21 persons or organizations listed under OTHERS WE
PHOTECT in the LIABILITY PROTECTION
Section,
. Houto" t "automobile" or "car" means any two to six
wheel land motor vehicle or trailer except:
111 a vehicle designed for use principally off public
roads, while not on public roads: or
121 a vehicle operated on rails or crawler treads; or
(31 a vehicle located for use as a residence: or
14) a miscellaneous vehicle.
. "auto buslne.s" means the husiness of selling, repair.
.3,
ing, servicing, clel1lling. pllinting. storulg or parking au'
tomobiles or miscellaneoua vehicles.
. "autos we iosure" means any vehicle descriht..~ in the
AUTOS WE INSURE Section of this policy,
. "Continuation Notice": see definition of "Decla'
rations ,.
. "Declaratloos"," Amended Declarations", "Revh;ed
Declarations", "Reinstatemeot of Coverage" or "Coo'
tiouatloo Notice" means the form which shows your
coverages, limits of protection, autos we insure, premi.
um charges and other information. This form is part of
your policy,
An Ameoded Declaratloos shows you the policy has
been changed, A Revised Declarationa shows you the
policy has been corrected, A Reinstatement of Cover'
age shows you the previously cancelled policy and
coverages are back in force. A Continuation Notice
sbows you the policy is being continued for another polio
cy period.
. "miscellaneous vehicle" means a motorcycle, moped,
snowmobile, golfmobile. all terrain vehicle and any simi'
lar recreational vehicle.
. "Doo-owned auto we insure" or "Don-owned auto"
means any vehicle described in the NON.OWNED AU,
TOS WE INSURE Section of this policy,
. "occupying" means in or upon, getting into or get.
ting out of.
. "owned auto we iosure" or "owned auto" means any
vehicle described in tbe OWNED AUTOS WE IN,
SURE Section of this policy.
. "private pasaenger auto" means a four wheel land
motor vehicle designed mainly to transport people on
public roads, It includes station wagons and the follow,
ing types of vehicles, even with dual rear wheels, when
not used for business purposes, except farming or
ranching:
(1) motor homes
(2) pickups
13) vans.
. "Reinstatement of Coverage": see definition IIf
"Declarations.' .
. "relative" means a resident of your household who is:
II) a person related to you by blood. marriage or adop'
This policy applies to accidents or losses that happen
during the policy period in the United States of Ameri.
co, its territories and possessions. Puerto Hieo. Cana.
do or bet ween their ports. The policy period is shown
tion. or
121 a ward or any other person under 21 years old in
your care.
. "Revised ()eclarations": see delinition 01 "[)ecla,
ratioDs."
. "~ound equipment" includes tape players, compaCL
disc players, citizens band radios. two-way mobile ra'
dios or telephones, scanners and their accessories. at.
tachments and antennas.
. "trailer" means a vehicle designed to be pulled by a
private passenger auto, if not being used for business
purposes except with a private passenger auto. In the
LIABILITY PROTECTION Section 01 this policy,
trailer includes a farm wagon or a farm implement while
used with a private passenger auto.
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The following words have a special meaning in policies
issued at Erie Insurance Exchange when they appear
in bold type:
. "Subacriber" means the personls) wbo aigned tbe
Subacriber'a Agreement.
. "Subscriber'a Agreement" means the agreement, in.
c1uding a limited power,of,attomey. among the Sub,
scribers and the Erie I ndemnity Company. as
Attorney.in,Facl,
. "we", "us" or "our" means the Subscribers at Erie
Insurance Exchange as represented by their common
Attorney,in,Fact. Erie Indemnity Company,
. "you", "your" or "Named Insured" means the Sub,
scriber and others named in I tem I on the Declarations.
Except in the GENERAL POLICY CONDITIONS See'
tion, these words include the spouse of the Subacriber
if a resident of the same household,
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The following words have a special mel1lling in policies
issued by Erie Insurance Company when they appear
in bold type:
. "we", "us" or "our" means the Erie Insurance
Company,
. "you", "your" or "Named Insured" means the per.
sonlsl named in Item 1 on the Declaratlona. Except in
the GENERAL POLICY CONDITIONS Section, these
word. include your spouse if a resident of the same
household,
on lhe Declarationa. Amended Declaratlona. Revlaed
Declarationa. Reinstatement or Coveralle or Continua-
tion Notice.
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f'or the coverages you have purchased. we insure:
10) Owned Autos and Trailers, Any auto IIr trailer
described on your Declarations.
(b) Replacement Autos and Trailers. Any private
passenger auto or trailer you own which replaces
an auto or troller described on your Decla,
rations,
Ic) Additional Auto" and TlOil..rs, Any private pas'
senger suto or trailer you acquire. War coverages
to apply, we must insure all private passenger
autos and trailers yoa own on the date you ac'
quire an additional private passenller auto or
traUer.)
Pravisions applicable only to Replacement and
Additional Autos and Trailers:
You must notify us during the policy period of
your intention to have this policy apply to the
replacement or additional private passenger
auto or trailer. If a replacement or addition is
made within 30 days prior to the end of the poli,
cy period, you have 60 days after acquisition to
notify us.
Id) Temporary Substitute Autos and Trailers. Any
auto or trailer which is a substitute for a trailer or
an owned auto we Insure. (The owned auto or
trailer must be withdrawn from normal use be.
cause of its breakdown. destruction, loss. repair
or servicing. The temporary substitute cannot
be owned by you and must be used with the per'
mission of the owner,)
Provisions applicable only to troilers: Liability
Protection applies to any trailer you own while
used with u. private passenger auto we insure for
Liability Protection.
For the coverages you have purchased, we insure:
(al Owned Mi"cellaneous Vehicles, Any miscellan.~
ous vehicle described on your Declarations.
Ibl Replacement Miscellaneous Vehicle" . Any mis.
cellaneous vehicle which replaces a miscellane,
ous vebicle of the same type described nn your
Declarations. You must notify us during the
policy period of your intention to have this poli,
cy apply to the replacement mlscellaneouH ve.
hicle. If a replacement is made within 30 duvs
prior La the end of tbe policy perilld, you hu~e
60 duys after acquisition to notify us.
kl Temporary Sub,o;titute ^,/iscellaneuus 1,.'(.hid('.o; .
A substitute for an owned mlscellaneoas vehl.
cle of the same type we insure. (The owned mls.
cellaneous vehicle must be withdrawn from
normal use becuuse of its breakdown, destruc'
tion, loss, repair or servicing. The temporary
substitute cannot be owned by you and must be
used with the permission of the owner,)
For Liability Protection, we insure:
Additional Miscellaneous Vehicles, Any miscellane-
ous vehicle other than a replacement miscellaneous
vehicle, which yoa acquire,(For coverage to apply,
we must insure all owned miscellaneous vehicles of
the same type on the date you acquire an addition.
01 miscellaneous vehicle, We will not automatically
cover an additional miscellaneous vehicle when we
do not already In sur. a miscellaneous vehicle of the
same type owned by you,) You must notify us dur'
ing the policy period of your intention to hove this
policy apply to the additional miscellaneous vehi.
cle, If the addition is mude within 30 days prior to
the end of the policy period, you have 60 days after
acquisition to notify us,
: ,:,,..C.WN!:[1 f.UTO~ WE INSURE
We insure for Liability Protection while you are using ~
it, any auto or trailer not owned by you except any auto
or trailer furnished or available for your regular use by
any governmental agency or unit, Your operation or
other use must be with the permission of the owner or
you must reasonably believe you have permission. Com'
prehensive and Collision coverages, if purchused on
owned private passenger autos or trailers, will apply
only while you are operating or have possession or cus'
tody of 0 private passcnger auto or trailer not furnished
or available for the reb'\1lur use of you or a relative,
We insure for Liability Protection, while u relative is
using it, any private passenger auto or trailer not owned
by or furnished or availuble for the reb'\1lar use of you
or a relative. The IIptration or other use by a relative
must be with the permission of the owner or the relo,
tive must reasonably believe permission exists. If a prl,
vate passenKer auto or trailer is furnished or available
for your reb'111ur use by unyone other than u gO\1crnmen-
tal agency or unit, we will insure It under Liability Pro.
tection while u relative is using it. Comprehensive and
Collision tlJv"rages, if purchused on owned private pas'
senller autos or trollers, will up ply only while a relative
is opNuting or has possession or custody of a private
pasHenKer auto or trailer not owned by or furnished or
avuiluble for th., reb'\1ll1r use of you or a relative.
A private passenller auto rented to you for a period of
mOf(' than :lll consecutive days shull be considered as
furnished or uvailable for the fCh'\1lar use of you or a
relutive.
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We will pay u1l sums you legally mu~t pa~ as damage~
caused by an accident covered by thIs policy, The accl'
dent must urise out of the ownership, maintenance, use,
loading or unloading of an auto we Inaure,
Damages must involve:
(I) bodily injury, meaning physicul hurm, sickness or
disease, including cure, loss of services or resultant
death; or
121 property damage, meaning damage to tangible
property, including loss of its Use.
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We will make the following payments in addition to the
limit of protection; however, our payment of the limit
of protection for 0 settlement. judgment. or deposit in
court ends our duty to pay under Item (I):
(I) u1l costs to investigate and defend or settle, as we
!:alieve proper, any claim or suit against anyooe we
protect for damages covered under this section,
(2) uIl interest which accrues on that purt of any judg'
ment that does not exceed the limit of protection
on a suit we defend, until we offer or deposit in court
the limit of protection,
(3) uIl reasonable expenses anyone we protect may in.
cur at our request to help us investigate or defend
a claim or suit. This includes up to $100 a day for
actual loss of earnings.
(4) uIl premiums on the following types of honds, but
not for bond amounts greater than the limit of pro'
tection:
101 appeal bond in a suit we defend;
Ib) bail bond Iwith premium of $500 or less I required
due to an accident or related traffic violation in'
volving an auto we insure:
Ic) attachment blind to release property of aayone
we protect due to un accident or reluted truffic
violation involving an 8UtO we insure.
We have no duty to apply for or furnish such bonds,
151 all reasonable costs for first aid to other people and
animals at the time of an occident involving an autll
we iOf;ure,
llil u1l reasonable lawyers' fees up to $50 which anyone
we protect incurs because of arrest, resulting from
on accident involving an auto we insure.
171 prejudgment interest awurded on the amount of the
judgment we pay, If we offer to pay the applicable
limit of protection, we will not pay any prejudgment
interest for the period of time after the oller.
We also protect:
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III Any relative using un auto we inHure.
121 Any person using or any person or organization Ie.
gully responsible for the use of on owned aato we
InHure. This use must he with your permission un.
less the use is by a resident of your hllusehold.
(3) Any person or organization legully responsible for
the use, by you or a relative. of any nono()wned auto
we insure, This protection applies only if the per.
son or organization does not own or hire the vehi.
cle being used.
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When laws of a state where an auto we Insure is being
used require higher limits and/or more coverages than
shown on the Declurations, your coveragels) will com'
ply with tbe minimum requirements of such laws, State
includes the District of Columbia. a territory or posses'
sion of the United States of America. Puerto Rico or
u province of Canada.
The insurance under this provision will be reduced by
any other collectible insurance under this or any other
auto insurance policy, We will not pay any person twice
for the same elements of loss.
L1f"ii'ATlONS ON OUR DUTY TO PAY
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We do not cover:
III damage caused by anyone we protect to property
they own or are transporting,
121 damage caused by anyone we protect to property
rented to them or in their churge, This exclusion
does not apply to house bold goods or premises.
131 uamages caused intentionully by or at the direction
of anyone we protect.
14) an owned auto while being used in the auto business.
This exclusion does not apply if the owned auto is
being used by:
101 you or a resident of your household, or
Ib) any partner. ugent.. or employee of you or a resi.
dent of your household.
151 an owned auto while heing used in the business of
the United States Government where the United
States Government is responsible under the Feder'
01 Tort Claims Act '28USCA~13"6, 2671,2680).
llil a non.owned auto while used in connection with:
10) the aato business, or
Ibl any other business or occupation of anyone we
protect. IExclusion 1611b) does nllt apply to a pri.
vote passenger auto or trailerl.
t7I bodily injury to employees of onyooe we protect 0<:'
curring in the rourse of employment. We will pro-
vide coverage for such an injury to a domestic
emploYL'" not covered and not requinod to be covered
hy u workers compensation law.
.1
.fj.
(8) a vehicle you acquire during the policy period or
any temporary substitute for it if there is other ap'
plicable insurance.
(9) an auto we in.ure while hired by or rented to others
for a fee or while available for hire by the public.
We will protect you or a relative held responsible
for damages while occupying but not driving such
a vehicle, if it is a non-owned auto we insure. "Fcc"
does not include payment received in a car pool or
for trips for non'profit social, educational, or
charitable agencies,
liD) damages for which there is insurance under a
nuclear energy liability insurance policy, even if the
limits of protection under that policy have bccn
used up.
111) an auto we insure while being used in any pre-
arranged or organized racing, speed or demolition
contest, stunting activity or similar activities, or
in practice for any such activities.
,
_'I.. ..-'
:. _ --;:: :~i :....1'
.
,,'. . ,I,
..... \
We will pay no mora than the limit(sl shown on the
Declarations for one auto in anyone accident as ex.
plained below. It makes no difference how many per,
sons we protect, autos we insure, claims are mode or
autos are involved in the accident.
An auto and attached trailer are considered one auto
under this coverage,
If coverage is purchased on a "Split Limits" basis, your
Declarations will show a per PERSON and per ACCI,
DENT limit for Bodily Injury Liability and a per AC-
;"\~"\"~'i"""." f"\o'~r:
. -_, .~ .- - ;.". .1',..
Throughout this section, the word "loss" means direct
and accidental damage or loss,
,; Hr-
We will pay for loss to an auto we insure and its equip'
ment not caused by collision or upset, We will pay lor
loss less the deductible, if any, shown on the Declara-
tions. Comprehensive coverage includes glass breakage,
contact with persons, animals, birds, missiles or falling
objects. Should only your windshield be damaged. we
will not subtract the deductible if you agree to have it
repaired rather than replaced.
'0_ I ':. ~'l..l;-i
We will pay for loss to an auto we Insure and its equip'
ment caused by collision or upset. We will pay for loss
CIDENT limit for Property Dumage Liability, The per
PEHSON limit for Bodily Injury Liability is the most
we will pay for damages arising out of bodily injury to
one person in anyone accident, The per ACCIDENT
limit for Bodily Injury Liability is the most we will pay
for damages arising out of bodily injury to all persons
resulting from anyone accident, subject to the per PER-
SON limit. The per ACCIDENT limit for Property
Damage Liability is the most we will pay for all property
damage caused by anyone occident.
If an individual's damages derive from bodily injury to
another person injured in the acciden~ we will pay only
for such derivative damages within the per PERSON
limit available to the person injured in the accident,
If coverage is purchased on a "Single Umit" basis, your
Declarations will show a per ACCIDENT limit for Bodi,
Iy Injury Liability and Property Damage Liability, Thie
is the most we will pay for all damages arising out of
bodily injury and property damago caused by anyone
occident.
OTHER IrJSURt./!CE
This policy provides primary insurance for any owned
auto we Insure. The policy's coverage is excess over any
other collectible insurance on an auto we insure tbat you
do not own (including a temporary substitute), up to the
limit(s) of protection for one auto, If other insurance,
collectible or not, covers an suto rented or leased for
less than one year and it states that coversge is void
if there is other avnilable insurance, then coversges un.
der this section are void,
When there is other insurance applicable to the accident
on the same basis, we will pay our share, Our share is
the proportion that our limit 01 protection bears to the
total 01 nil applicable limits,
We will never pay more than the limit 01 protection,
,~....'- ~... "-l"""" "'r:'~
.~_;..,. ........, '~~;':'Io.,,;.I...~~...oJ
less the deductible shown on tho Declarations,
We will not subtract the deductible if the accident is
between an auto we insure and another auto:
11) insured by the Erie Insurance Group,
121 not insured by the Erie Insurance Group, if:
lal tho loss to the auto we insure is greater than the
deductible amount: and
(bl the owner 01 the other auto has been identified;
and
tcl the owner or operator of the other auto is solely
liable lor the loss; and
(dl there is adequate property damage liability in'
surance which protects anyone responsible for
the loss.
,7,
;.ODITI::)I.~Al PA Yr,,~rNTS :NC' Oecucti:Jlt> Apr.lles
We will pay:
11) all expenses necessary to return your stolcn auto we
insure.
121 trunsportatlon expenses rmmlting fro~l u co~ered
Comprehensive loss, These expenses will be pwd by
us until the auto we Insure is returned to you 10 us-
able condition or we offer settlement. whichever
comes first. TlUs payment will not exceed $15 per
day nor total more than $450. per los.s unles~ a
higher limit is purchased. No wwtmg period applies.
(31 travel costs including meals and lodging, anyone in
an auto we Insure pays because you were unable to
reach your destination after loss under these cover-
ages, Payment will not exceed $75 per person for
each loss,
(41 for loss to personal effects lincluding clothes and lug-
gage) that are normally carried by a person, while
the personal effects are in or upon an aoto we Insure.
In) Personal t..'Hects must he owned by ,you or u
relative.
Ihl Money, profession~ or occupational tools .or
machines. salesmen s samples. and merchandise
for sale. delivery or exhibition are not considered
personal effects.
(cl Theft losses are covered only If the entire velU-
cle is stolen.
Id) When loss results from a collision, there must
be enough damage to the auto we Insure to re'
quire a Collision loss payment by us.
(c) Payment for loss to personal effects will not ex-
ceed $350.
(5) all expenses necessary to replace a deployed sir bag,
16) up to $50 for the cost incurred for locksmith serv-
ices if keys are accidentnlly locked in an auto we
insure,
U'l' will not pay for loss:
III confined to or resulting from wear and tear. freez'
ing, mechanical or electrical breakdown or failure.
We will pay for such damage resulting from a co.
vered loss, We will pay for the burning of wiring.
121 caused intentionally by or at the direction of you
or u relative.
1:1) to sound eqoipment unless permanently installed,
Payment for loss to permanently installed sound
equipment shall be limited to $750 unless installed
in the opening of the dash or console normally used
by the auto maker to instnll a radio, Payment for
loss to tapes or compact discs will be limited to five
tapes or compact discs in anyone loss. When there
is loss of tapes or compact discs by theft, we will
pay for only one tape or compact disc, unless the
entire uuto is stolen.
1,1) to lux machines, personal computers and peripher'
uI equipment and similar electronic equipment that
receives or transmits audio, visuul or data signals.
If.) to a vehicle you acquire during the policy p"riod
or nny temporary substitute lor it, if there is other
upplicuhll! insurunce.
WI to a non...wned auto while USL'<i in connLoction with:
(a) the aoto buslne.s: or
Ibl any other business or occupation, (Exclusion
(6I1b) docs not apply to a private pusenger aato
or trailer,)
171 to any trailer USL'<i as a residence, office. store, dis,
play or passenger trailer.
(81 to any auto we Insure while hired by or rented to
others for a fee, or while available for hire by the
public, "Fee" dop.s not include payment received
in a car pool or for trips for non-profit nodal. educa'
tiono! or charitable agencies,
(9) due to any act or condition of war, including dis'
charge of any nucluar we upon (evun if accidental).
War (declared or undeclared) means 0 state of
armed hostile conflict between states or notions,
civil war, insurrection, rebellion or revolution,
1101 due to radioactive contamination,
Ill) to camper bodies unless described on your Decla,
raliona or replacing one described there.
A camper body is 0 unit designed and equipped for
use os living quarters to be mounted on an auto
with 0 separate cob,
112) tn radar detectors and other equipment designed
to give advance warning of the operation of a
speed, measuring device,
113) to tires caused by road damage. such as a blowout
or puncture, unless it results from another loss co-
vered by this policy,
(14) to an DUto we insure because of destruction or con'
fiscation by governmental authorities if you or a
relative are involved in illegal activities.
liS) to sn Duto we insure while being used in any pre-
arranged or organized racing, speed or demolition
conle8t. stunting activity or similar activities. or
in practice for any such activities.
We will pay the Actual Cash Value for loss to stolen
or damaged property, but no more than:
III what it wlluld cost to repair or replace the property
with other of like kind and quality; or
121 the Stated Amount that may be shown on the Decla'
rations.
Actual Cash Value reflects fair market value, age and
condition 01 the property at the time of the loss,
An auto and attached trailer are considered to be two
separate vehicles under these coverages. The limit of
protection for loss to any trailer not owned by you is
$500.
-8,
An Buto und its equipment lire considered one Buto un.
der these coverages including any deductibl" provision
that applies. Equipment means that whicb is usual or
incidental to the US" of an auto as a vehicle and includes
the following customized or individually adapted items
when buill or fit in or upon pickups or vans: lurnish-
ings, carr",ting, insulation, wall coverings, interior wall
decorations, TV s, TV anwnnas, beverage bars, addition'
al air conditillning units, sink and ice box consoles: as
wdl as Illurals, decals and graphics.
Equipment includes camper hody il:
III it is described on tbe Declarations or replaces one
described there, and
12) it is mounted on an auto.
Loss to II camper hody while not mounted on un Buto
will he paid in accordance with the deductibles pur.
chased on the camper hody.
When there is other insurance for loss to an auto we
insure under these coverages, we will pay our share 01
the loss.
When there is loss to an auto we iosure that you do not
own !including a temporary substitute) or to an addi-
tional or replacement auto we iosure, we will pay the
loss not covered by other insurance.
When there is other insurance on an auto we iosure that
you do not own, and it states that coverage is void il
there is other applicable insurance, then coverages un'
der this section are void,
When there is loss to personal effects, we will pay up
to $350 01 the loss not covered by other insurance.
I I you and we lail to a;,'I''''' on the amount 01 loss, either
party may make written demand for an appraisal, Each
party will sdect an appraiser and notify the other of
the appraiser's identity within 20 days atwr the demand
is received. The appraisers will select a competent nnd
impartial umpire, If the appraisers are unabl<l to agree
upon an umpire within 15 days alter both appraisers
have been identified. you or we can ask u judge of a
court of record in the stute where you reside at the tirol'
the policy is issued to select an umpire,
The appraisers shall then set tbe amount of loss. 11 th"
upprai~il'rs suhmit u written report of an Uh'1'eement to
us, the amount ab'l'eed upon sbull be tbe amount of 10,".
11 they cannot agree, they will submit their differences
to the umpire, A written award by two will determine
the amount of loss.
Each party will PllY the appraiser it chooses, and equally
hear expenses for the umpire and ull other expenses 01
the appraISal, However, il the written demand lor ap-
praisal is made hy us, we will pay lor tbe reasonable cost
01 your appraiser and your share 01 the cost 01 the
umpire.
We will not be hdd to have waived any rights by any
aet related to appraisal.
-: \ ~ :-.:-; 0;:' LOS~,
We may pay the loss in money, or repair or replace th"
damag"d or stolen property, At any time bl'fore the loss
is paid or tbe property is repJaCl't!, we may return any
stol"n property to you. We will pay the expense for its
return and lor any damage to it. Upon payment 01 the
Il1ss, we huve the right to take ull or part 01 the property
at its &grel'll or appraised value. The,,, can ?e no aban,
dOllment of property to us,
We may settle uny claim for loss with you or anyone
that has an interest in the property,
For damage to a oon,owned auto, we will pay the
highest amount available among tbe coverages you pur'
chased under this section.
,.;: L~t:EFiT TO ElP,IL~"
No bailee shall benefit, directly or indirectly, Irom this
insurance.
_'::~~ i.. ."t.E'~~ c:.JtVSZ:
This clause applies to the Physical Damage coverages
provided by this policy for the Lienholder named in
Item 3 of the policy Declaratioos. It protects the Lien'
holder's financial interest in the vehicle insured.
I'ayment lor any loss under tbese coverages will be
made in accordance with the financial intere,t tbe
Named Insured and the Lienholder, as its interedt may
appear lor specific vehiclelsl, have in the loss, Payment
may be made to the Named Insured and the Lienholder
jointly or to either or both separately. If separate pay'
ments are made, the financial interests 01 both will be
protected by us,
When we pay tt.e Lienholder for a loss for which the
Named Insured is not insured, we are entitled to the
Lienholder's right 01 recovery against the Named In'
Nured. to the extent of our payment. Our r~overy wiU
not impair the right 01 the Lienholder to recover the lull
amount of its claim.
The Lienholder will, on demand, pay any premium due
under this policy lor coverages which prlltect the Lien-
holder's interests, if tbe Named Insured lails to do so,
We Promise The Lienholder ThaI:
11 , The Lienholder's financial interest will be protect,
ed regartiless of the acts or neglect 01 the Named
Insured, subsequent legal encumbrance or any
change in ownership 01 the property. However, this
e1ause does nllt apply in any case of fraudulent acts
or omissions by the Named Insured or anyone
representing him.
12) If we cancel or refuse to renew this policy, not less
than 10 days advance notice 01 such termination will
he given to the Lienholder.
1:1I If this policy is cancelled by the Named Insured, we
will send notice 01 cancellation to the Lienholder,
,9,
ACD!T10t\A~ -co '\'~;:'.MlE;
1_ i_.;
"
. '.'
WARNING: We will not be lioble for domages or other
expenses incurred in any foreign country where this
policy does not apply, (In Mexico, however, Collision
coveroga, if purchased will apply,)
We will reimburse you for premium paid for up to 30
days coverage in a foreign country where this policy
~ .... """.* . ' ;
\..i.~~ ! t'-"!\i-.~
The following coverages apply only to specific autos
when a premium is shown for these coverages on your
Declarations:
; ..J/,L' S:...'il\jl~~
ChF Pf:()r..~I:.::.
We will pay reasonable towing and labor costs required
because an auto we losure ia diaabled. Labor must be
done at the site of the disablement. (No deductible
applies,)
0',- 1""::'" :-. :-. ";' ..- ..": .' :.;: I'::' ~;.:-~ ~
Transportallon Expansas. Collision' We will pay trans.
portation expenses thot result from a Collision loss to
the auto that hos 0 premium shown on the Declarations
for this coveroge,
Transportsllon Expsnses. Comprehensive, We will pay
"
We, you and onyone else protected by this policy must
do certain things in order for the terms of this policy
to opply:
interest in this policy moy be transferred only with our
written consent. If you die, the policy will cover:
(01 your spouse if residing in the same household
ot the time of YOUt deoth;
(bl anyone having proper custody of an owned auto
we Insure until a representative is appointed, but
only until the end of the policy period during
which your death occurs; and
(c) your legal representative, but only while per'
,.~:~, ~~..t:" Q1H~,::t., ;:iJl._i....r.
.. ....'
,1..- ..
docs not apply, Ileimbursement wlll be made ONLY for
similar coveruges. Such coverages must apply to an
owned auto we losure, used by you or a relative in the
foreign country, Heimbursement will not be made to
anyone employed, stationed in tho armed services or at'
tending school in a foreign country,
" ....,. I Gr.....
"I .._ ~ : ,"- :i .:.~':
transportation expenses that result from a Comprehen'
sive loss to the auto that has 8 premium shown on the
Declarations for this coverage.
Auto rental. hUB or taxi fare aro ell.amploa of covered
expen.... Payment may .tart on tho day of tho 10.. If i
tho BUtO cannot be driven, If drlveable, paym.nt may
start the day you I.ave the BUtO at a garage for repairs,
Payment ends on the day we offer s.ttlement or on the
day the BUtO:
(1) is r.placed; or
(2) is retl:med to you in usable condition; or
(3) could reasonably be expected to be repaired.
whichever com.s first, Payment will not exceed the
specific limits shown on the Declaratlona, (No deducti,
ble applies,)
This coverage applies whetber or not w. pay for
dwoag.s under Comprehensive or Collision coverage,
f<lrming duties as your represent8tive and only
until the end 01 the policy p.riod during which
your d.ath occurs,
Bankruptcy or Insolvency of 8nyooe w. protect will not
relieve us of our obligations,
Your Right to Cancel
You may cancel this policy by mailing or delivering to
our Agent or U8 written notice stating at what future
date you want the cancellation to take effect, We may
waive these requirements by confirming the date of can'
collation t" you in writing.
,10,
"-
Our Right to Cencel or Relu.. 10 Renew
We may cancel or refuse to renew this policy or any
coverage by mailing yuu written notice stating the ef.
fective date of our action. Our action will comply with
the laws of the state in which yuu reside at the time the
policy is iSBued.
We reserve the right to cancel for your noncompliance
with our premium payment plans, We do not waive our
right to cancel. even if we have accepted prior late
payments.
Stele Provisions
IlliNOIS, INDIANA, PENNSYLVANIA, TENNESSEE. WEST
VIRGINIA
COllcellations moiled during the first 60 days the po/i-
cy is ill effect.
The effective dote of canceUulion will never btJ eurlier
than:
(a) to days after we send it IIN, I'A, TN):
lb) 30 days after we seed it 1[1., WVI.
Cance/lations mailed after the first 60 days the policy
is in effect,
The effective date of cancellation will never be eurlier
than:
la) 20 days after we selld it ON, TN);
(b) 30 days after we send it 01., WVI;
lcl 60 days after we send it IPA).
DISTRICT OF COLUMBIA
Cance/lations mailed during the first 30 ,lays the po/j,
cy i" in effect.
The effective date of cancellation will never be earlier
than 21 days after we send it,
Cancel/ation., mailed after the first .10 days the policy
is in effect.
The effective date of cancellation will never be earlier
than 30 days after we send it.
~HIO
Cance/lation.' mailed during the first 90 days the poli,
cy is in effect,
The ell.ctive date of callcellation will never be earlier
than 21 days after we send it,
Cancel/ations mailed after the first 90 days the policy
is in effect,
The effective date of cancellation will never be eurlier
than 30 days after we send it.
MARYLAND
The ellective date of cancellation will nt,ver be earlier
than 45 days after we send it.
Non,Payment 01 Premium
The effective date of cancellation will never be earlier
than 30 days after we send it.
Relurn 01 Premium
If yoar policy is cancelled by you or 09, we will return
. tlw pro ruta unu~wd share of your premium. Cancella-
tion will be effl'Ctive even if we huve nlll given or offered
Hny rt!turn premium.
Renewsl Rlghls
Should we roluse to renew this policy, we will do so in
c"mpliance with the laws of tlw state in whicb you reo
side. We will notify you before the end of the policy peri,
lid. We will send this notice:
illl at least 20 days in advance of the end of the polio
cy period (IN);
ih) at least 30 days in advance of the end of the polio
cy period lOC. IL, OH. TN);
lc) at least 45 days in advance of the end of the polio
cy period (MD. WVI;
ld) utleast 60 days in advance of the end of the poli,
cy period (pAl,
ST ATE PROVISION. OHIO
Should we refuse to reneW this policy, we can do so only
at each second anniversary of this policy's original ef,
fective date,
Method of Giving Nolice
Mailing notice to the address shown on the DeclaratloDs
will be sufficient proof of notice, The policy period will
end on the date and time stated in the notice.
! ,; ~\ i i~r.
This entire policy is void if, before or after an accident
or loss, anyone we protect has intentionally concealed
or misrepresented any material fact or circumstance
concerning this insurance.
In the event of a fraudulent claim, we will not make pay.
ment for the occident or loss,
Your policy is 0 continuous policy, It will continue in
force until cancelled by you or terminated by us as ex,
ploined in the Cancellation Condition. Each year we will
send y"u a Continuation Notice which shows the premi.
um due for the next policy period,
I n return for this service. you must mail us written ncr
lice prior to the new policy period if you want to can.
eel. if we du not receive this notice. your/olley remains
in force and you must pay us the eurne premium due
for this time,
You awee to cooperate with us by promptly and truth,
fully answering all questillns about drivers and autos
we insure and sib'lling all papers relating to such in,
sur ann',
This policy conforms to the laws of the state in which
you reside at the time it is issued. If the laws of the state
change, this policy will comply with those changes.
Your policy may be changed by asking us, Your request
must contain enough information to identify you. Ask.
ing our Agent is the sarne as asking us. If we agree with
your request, we will then issue an Amended Decla.
ratioDs.
,II,
We will givt~ yuu tht, ht'ndit (If any l'hJngt! .1~Il~dl' by u,."
if it (!ties not n~quirc uddltHlIlul prt'l1lltllll. I tll~ changl'
will he effective U:i of the dull' WI.' lJllpll'IIH'nt tllt' cllllllgt'
for you in yuur Slllh'.
H the inforl1l11tion Wi' lIHt' to dl'lt'rrninc tht' pn'miulII for
your rovtlru~;wl~l (hungl'~ durillK the polIcy pl'rwd, ~~
~nay UdJUNl your premium. Premium udju~tn\t'nt:i will
be made wlIng' ruh!s and rtltes in l'ffect for uur ww.
You must rom ply wilh the terms of lhis policy befure
you may sue us, The le~alliabilily of anyone we pr~.'
leet must he dt,termincd hefore we may lw sued, ThiS
determinaliun may bfJ made by a courl of law or by writ,
len ab.,.e,'ment of all parties. including us. No one has
the righttu mak" us a party tu a SUit to deter~llle ,the
liability uf any on" we prnterl. I n event of ., Ml~hcall ay'
owolS claim or a Comprehensiv" or CollISIOn I"ss. no
suil Olav be brought against U8 until au days after proof
of loss 'is filed.
.\ft,'r WI.' flll1kpll pUYflIl'nt untll'r lhi~ Ilfllicy, we willl~uvl'
i hl' ng-hl (0 rl'l'll\.'t'f. frull! unyOlH.' dsl.' held rl!s(lumuhlt!.
Anyone we prolect is rcquired tu ~rumdt.~r thi9 ri~ht ,to
UN, und do nnthinK tu hurm this tight. Anyon" rel:cIV'
ing puyment from utj and from someune else for the
same uccir..hmt or 105s will reimhurse UH up to our
payment.
At our opliun, this insurance will first prot~ct you th"n.
your spouse residing in your household and finally
others we protect.
\\'hen then- is an accident or loss, uoyom.' we prolect
will:
lal notify us or our Agent in writing us soon as pus'
sibl" stating:
\, the name IInd policy number of our policy.
holder;
2. the time, place and circumstances of lh" IIC-
cident or loss;
:3. names and uddn-sses of injurt>d persons und
wilnes~c~.
Ihl promptly notif~' lhl- polin. in CU~l' of thl!fl.
lrl give us:
I. promptly, any papers thal relate to the ac'
cidenl or los",
2, a si!{l1ed slatement containing all the filcts
about the claim:
:1. proof of loss to damaged pruperty.
Idl at our request:
L answer all questions about the IIccidl'nl or
loss;
" ~,Uhlllil lo ...t.alt'I1H'lIlS Hillin oath;
;t. It'i'ii'it In ITIllking ~l'lllt~I1II'l1t.
.1. hdp Uh looforn' IIny right of recovery
again:it unyolII' huh"- to IInymU' WI! protect:
:1. t'olllwrull' in lht, conduct of Hur invt!stigu-
lIun'i und uny luwsuit'i;
fj nltl'nd lwurinl{s und lrials;
7. u)i~ht UN in securing Hnd gl\.'lI1g' evichmce
and in ohtuining the uttendance of wit.
nt!!HiCS;
H, submit I" physical and n"mtal eXlIminalion
by d()(~lOrs we cho()s~ us often OM we
".asonably require tWe will pay lor thes,'
uxaminations);
U, si!{l1 papers to allow UH to obtain medic.1
reports, eurnings statements and copies of
recurds;
10. ullow as
damaged
disposal.
Ie) nllt make payments, assume obligations or in.
cur expenses, except at their own cost.
lfl prolt!d autUM we im~ure from further clumuKlL
We will pay for reusonuhle costs to do so. We
will "ut pay for luss due to your failure to pro'
tl!\:t un auto we insure (rom further damage af.
ler u loss.
to inspecl and
property before
IIppraise the
its repair or
The lollowing condilions apply only to policies issued
al Brie Insuru/Jce Exchange:
This policy is not subject to contingent liability or as.
sessment,
Erie Indemnity Company may ke,'p up to 25% of th"
premium wrillen or liS slimed by Erie Insurance Ex.
cbange as compensation for IAI becoming and acting
as Attorney'in.Fact. tHI managing the business and af,
fairs of Erie Insurllnce Exchllnge, its affiliates and sub,
Sldiaries, and ICI puying general administrative
l'xpenses, including- sales commissions. salaries and em-
ployee iwm.fits, tuxes, n~nt. dllprt.!ciulion. supplius and
dalu prol'cssing.
The resl of the premium will be placed on the books of
thl' Erie Insurance Exchllnge, We will deposit or invest
this amount as permitted by law. This amount will be
used to pay loss"s. loss adjustment expenses, invest'
ment expenses, damug~s, legal expenses. court costs.
taxes, asscs~rncnts. licenses. fees, any othl!T govemmlm-
tal fines and charges. estllblishment of res"rves and sur'
plus. and reinsurance. and may b~ used for divid"nds
and other purposes Erie Indemnity Company decides
ure to the advllntage of the Subscribers,
TillS POLICY liAS BEEN SIGNEIJ ON OUIlBEIIAl.F AT EllIE, PE:-JNSYLV AN\A BY OUIl CIIAIltMAN
AND SE('ltETAHY. IF HEqUIlU:1J BY LA \\'. IT liAS BEEN COl.!,\;TEItSIGNED ON TilE UECLAIlATIONS
BY OUIl AUTIlOltlZED AGENT,
FAl'lEd :; 911
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Sl'crt'tar~'
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Chairman
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