HomeMy WebLinkAbout95-00750
..
,
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. QS'- '75'6 EQUITY 7'"~
KYONG KENAWELL,
Plaintiff
ALLSTATE INSURANCE CO.,
SEARS ROEBUCK AND COMPANY
and ROL-AWAY TRUCK MANU-
FACTURING COMPANY, INC.,
Defendant
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CIVIL ACTION - EQUITY
ACTION FOR DECLARATORY JUDGEMENT
NOT r 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 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
One Courthouse Square
Carlisle, PA 17013
Telephone No. (717) 697-0371
N 0 T r C I A
Le han demandado a usted en la corte. Si usted quiere
defenderse de estas demandas expuestas en las paginas siquientes,
usted tiene viente (20) dias do plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia
escrita 0 en persona 0 por abogado y archivar en la corte en forma
escrita sus defensas 0 sus objeciones alas demandas en contra de
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-
,
sus persona. Sea avisado que si usted no se defiende, la corte
tomara medidas y puede entrar una orden contra usted sin previa
aviso 0 notificacion Y por 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 PAGER TAL SERVrCIO,
VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCrA LEGAL.
Court Administrator,
Cumberland County Courthouse
One Courthouse square
Carlisle, PA 17013
Telephone No. (717) 697-0371
DIVEGLIA and KAYLOR, P.C.
DATED:
~-~ -C(c;,-
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Esquire
BY:
:2f-'
Archie V. Diveglia
Attorney r.D./17 4
119 Locust Stre t
Harrisburg, PA
(717) 236-5985
Attorney for Plaintiff
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ltYONG KBNAlfBLL,
plaintiff
I rN THB COURT OP COMMON PLEAS
I CUMBERLAND COUNTY, PBNNSYLVANU.
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I NO. q" '1!iD BQUITY ~
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I crVIL ACTION - EQurTY
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I ACTrON POR DECLARATORY JUDGEMENT
V8.
ALLSTATB rNSURANCE CO.,
SEARS ROEBUCK AND COMPANY
and ROL-AlfAY TRUClt HANU-
PACTURrNG COKPANY, rNC.,
Defendant
COKPLAINT
AND NOW, this 9th day of February, 1995, comes the plaintiff,
by her attorneys, Diveglia and Kaylor, P.c., and files the
following Complaint averring in support thereof:
1. That plaintiff, Kyong Kenawell, is an adult individual
who resides at 17 Nottingham Drive, Mechanicsburg, cumberland
County, Pennsylvania, 17055.
2. The Defendant, Allstate Insurance company, is a licensed
insurance company, licensed to transact insurance business within
the commonwealth of pennsylvania, and has a regional office located
at 6345 Flank Drive, suite 1000, Harrisburg, Dauphin County,
pennsylvania, 17112.
3. That Defendant, Sears Roebuck and company, is a retail
business establishment incorporated in a state other than
Pennsylvania, but registered to do business in the commonwealth of
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Pennsylvania, having an address of 3595 capital City Mall, Lower
Allen Township, Cumberland county, Camp Hill, pennsylvania, 17011.
4. The Defendant, Rol-Away Truck Manufacturing Company,
Inc., is a manufacturer of handtrucks, crate handling trucks, and
all-purpose equipment used for the moving of materials from one
place to another by business and industry and is located at 6143 SE
Foster Road, Portland, oregon 97206-3797.
5. This is an action for declaratory judgement pursuant to
42 Pa.C.S.S7531, et. sea., for the purpose of determining a
question of actual controversy among Kyong Kenawell, Allstate
Insurance Company, Sears Roebuck and Company, and Rol-Away Truck
Manufacturing company, Inc.
6. The Defendants named are either parties to a claim, or
have an interest in a separate claim filed before this court under
the caption of Kyong Kenawell vs. Sears Roebuck and company, and
Rol-Away Truck Manufacturing Company, Inc. filed under 94-3566
civil Action 1994, and thus have an interest which would be
effected by the declaratory judgement sought herein and hereafter
as more fully appears.
7. That on March 9,1993, at approximately 12:00 P.M.,
Plaintiff had purchased a large quantity of two light shop lamps
from the Defendant, Sears Roebuck and Company, and drove her
.
vehicle to the pick up area where she met Defendant Sears'
employee, Gregory Moore, who began the process of unloading the
purchased shop lamps from a roll-away cart manufactured by
Defendant Rol-Away Truck Manufacturing, Inc.
8. The Defendant Sears' employee loaded two of the shop
light cartons into the trunk of Plaintiff's vehicle, and was in the
process of unloading additional cartons, as the Plaintiff was
standing at the rear of her vehicle and within a foot of said
vehicle, when the cart tipped over onto the left foot of Plaintiff,
causing injury to her, with concomitant medical expenses for
treatment of said injury and loss of income thereafter.
9. At the time of the above described incident, the
Plaintiff was insured by the Defendant, Allstate Insurance, for
coverage for bodily injury while occupying her motor vehicle, a
true and correct copy of that policy and the applicable
endorsements is not attached here in that the Defendant never
provided a copy of the same to Plaintiff and despite repreated
requests for a copy in the months of November, December 1993 and
January 1994, Defendant, Allstate, through its agent failed to
provide a copy. The Defendant, however, is aware of the terms and
conditions of the policy.
10. As a result of the injuries incurred in the above
described incident, Plaintiff filed suit against the Defendants
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Sears Roebuck and Company, and ROl-Away Truck Manufacturing, Inc.,
with said action being initiated on June 30, 1994. That said
action includes a claim for medical expenses and loss of earnings
arising from said incident.
11. On August 30, 1994, counsel for Plaintiff, Archie V.
Diveglia, received a phone call from counsel for Rol-Away Truck
Manufacturing, Inc., Steven E. Geduldig, in which he indicated that
it was his belief that Plaintiff was entitled to first party
benefits, and that it was his position that he would be required to
plead as on affirmative defense that the medical expenses and lost
wages claimed by the Plaintiff were not claimable in the action
against Sears and ROl-Away under number 94-3566 because of the
preemption of these damages by the Pennsylvania Motor Vehicle
Financial Responsibility Law. Said counsel forwarded to
Plaintiff's counsel a letter dated August 31, 1994 confirming said
conversation. See Exhibit A.
12. Plaintiff thereafter contacted the Allstate Insurance
Company and placed Allstate on notice as to her claim for first
party benefits arising from said accident. On September 12, 1994,
Plaintiff's counsel forwarded to Allstate's Adjuster, Kimberly
Brandt, photocopies of the deposition of the Plaintiff, as well as
that of the Sears' employee, and a copy of the recent case of
Frain v Kevstone Insurance Company for review. See Exhibit B.
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13. On October 21, 1994, Plaintiff still had yet to receive
a response from Allstate, and forwarded letter of october 21, 1994
indicating a decision would be needed by Allstate so that the
initial action could proceed forward. This letter was followed by
subsequent conversations and correspondence in which the Plaintiff
presented to Allstate by letter of October 21, 1994, an additional
opinion decided on November 7, 1994 titled Adevward v Septa, and
thereafter a letter dated November 10, 1994. See Exhibits C and D.
Allstate denied coverage by letters dated November 7, and November
11, 1994. See Exhibits E and F.
14. Plaintiff, through her counsel avers that on the date of
her injury, she was occupying her motor vehicle as defined by the
Policy.
15. Plaintiff, through her counsel avers that under the terms
of the Policy, Allstate has an obligation to provide first party
coverage in connection with the medical expenses and lost earnings
claimed against it by the Plaintiff, arising from the injuries she
incurred of March 9, 1993.
16. That the action to the term and number 94-3566 Civil
cannot be properly litigated and/or settlement will be discouraged
until the issue as to whether first party benefits apply is
resolved.
17. An actual controversy now exists between the plaintiff
and Allstate due to its denial of Plaintiff's claim for coverage
under the aforesaid Policy.
18. That because the Defendant Rol-Away, through its counsel,
has asserted an affirmative defense of unclaimability of medical
expenses and lost earnings based upon the requirements of the
Pennsylvania Motor Vehicle Financial Responsibility Law, it has
been named as a Defendant in this action so as to allow it to
assert said defense in this action, thereby avoid the requirement
of the re-litigation of the same issue under the claim number 94-
3566.
19. Although the Defendant Sears has not asserted an
affirmative defense of applicable first party benefits under the
Pennsylvania Motor Vehicle Financial Responsibility Law, it is
anticipated that such a defense will be raised, or could be raised,
and therefor, for judicial economy, said Defendant has been named
so that all potential parties who have an interest in this
litigation are thereby joined.
WHEREFORE, plaintiff, Kyong Kenawell, demands a declaratory
judgement in her favor together with the costs and all proper
against the Defendants Allstate Insurance Company, Sears Roebuck
and Company, and Rol-Away Truck Manufacturing, Inc., with respect
VERIFICATION
This Complaint is based upon information which has been
gathered by my counsel in the preparation of the lawsuit. The
language of this Complaint is that of counsel and not my own. I
have read this Complaint and to the extent that the Complaint is
based upon information which I have given to my counsel, it is true
and correct to the best of my knowledge, information and belief.
To the extent that the content of the Complaint is that of counsel,
I have relied upon counsel in making this verification.
This statement and verification are made subject to the
penalties of Pa. C.S. SS 4904 relating to unsworn falsification to
authorities, which provides that if I make knowingly false
averments I may be subject to criminal penalties.
Dated: ;2. / / I t)5
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HARRISBURG. PA. 11108
(717) 237-7119
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August 31, 1994
Archie v. Diveglia, Esquire
Diveglia and Kaylor, P.C.
119 Locust street
Harrisburg, Pa. 17101
Re: Kyong Kenawell v. Sears Roebuck and company
and Rol-Awav Truck Manufacturina ComDanv. Inc.
Dear Archie:
This will confirm our conversation yesterday about this case.
I think you ought to make a first party claim for unpaid
medical expenses and lost wages. I believe your client was
vehicle-oriented at the time of this accident, which would entitle
her to first party benefits. If she gets those benefits, maybe
everybody would be in a position to re-evaluate whether this case
could be settled. It is my understanding that you will be putting
the first party carrier on notice, and that you will advise us of
their response to your claim.
In the meantime, I trust you do not have any objection to an
ongoing extension for uS,to respond to your complaint. As I told
you, I have entered my appearance on behalf of Rol-Away and will be
reviewing in detail prior to discovery materials from Harvey's
file. I trust Harvey's wri tten discovery to you was comprehensive,
so it is unlikely I will be serving you with any written discovery
other than expert interrogatories. I think you need an expert in
this case. In addition, I probably will want to redepose some or
all of the witnesses to fill in some gaps in the questioning. I do
not mean to suggest that you and Harvey did a less than thorough
job. However, now that the theory ot the case has changed
slightly, there may be questions pertinent to your design defect
theory which I may need to ask to develop my defense of the case.
It I have misunderstood our conversation, please let me know.
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october 21, 1994
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(111) 2,'0- 4.9J'.f
Kimberly Brandt, Claims Adjuster
ALLSTATE INSURANCE COMPANY
6345 Flank Drive, suite 1000
Harrisburg, PA 17112
Claim No.:
Loss Date:
My Client/Your Insured:
Location:
1551770538 R21
March 9, 1993
Lee Kenawell
Sears at capital city Mall,
Mechanicsburg
Dear Ms. Brandt:
In regard to the above captioned matter, I wrote to you on
Sp.ptember 12, 1994 and, subsequently, on September 21, 1994 faxed
you the seven page case of Frain v. Keystone Insurance Company.
I have also called YOII on several occasions since then, but you
were not available. Thus, the need for this letter.
Please be advised that I will need Allstate to either agree
to pay first party benefits on this claim, or send to me a denial
letter so that I may move forward in the claim against Sears and
the manufacturer of the cart that was involved in this injury.
If I do not receive Allstate's position i~.this matter, within
the next fifteen (15) days, I will file a ~ClaratorY Judgement
Action against Allstate. I hope you can a preciate my position
in this regard. /.- \
v.~y t:~;!_y~u,.~
f:' I I,Ll! \\1, 1;./
Arc.'\~1 Di eglia'iV'
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cc: Lee Kenawell
Harvey Freedenberg, Esq., McNees, Wallace & Nurick
Stephen E. Geduldig, Esq., Thomas, Thomas & lIafer
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KJmberly Brandt, ClaimR Adjuster
AI,I,STATE ItlSURANCE COMPANY
6345 Flank Drive, suite 1000
Harrisburg, PA 17112
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(711) .I.10-.f,96'.r
November 7, 1994
Claim No.:
Loss Date:
My Client/Your Insured:
Location:
1551770538 R21
March 9, 1993
Lee Kenawell
Sears at capital city Mall,
Mechanicsburg,
Dear Ms. Brandt:
AVD:ms
cc: Lee Kenawell
Enclosure
-Adeywllrd v.
SeptA
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6.lI5 FUNK nR. SUITF. 1000
IIARRISBURO PA I7I1Z
PIIONF. NUMBF.R, 717.541).7500
OFfiCE 1I0URS: MONIIA V.fRIIlA V .:00-4.10
AlIsmte.
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November 7, 1994
ARCIIIE V. DlVEGLIA ESQUIRE
119 LOCUST ST
J~ISBURG PA 17101
Claim Numbor:
Our Insured:
Date of LoIIII:
1551770538 3KH
LEE KENAWELL
MARCil 9. 1993
Dear Hr. Diveglia:
We have received your letter of 10/21/94, aa well aa the calle you aent ua,
Frain va. KeYlltone Inll. Co. It ill our pOllition that the Frain calle ill not on
point, and has no relationllhip to thia calle. In the Frain calle coverage was
awarded, becaulle Hs. Frain fell while avoiding contact with an on coming
vehicle. In thill case there ill no on coming vehicle. In thia calle Hr.
Kenawell wall not loading hill car, he was not entering hill car, he waa not
exiting hill car. Hr. Kenawell was watching lIomeone ellle load hill vehicle. We
lIee no coverage in thill calle under our policy, The Financial Responlliblity
Law, or Act-6. Therefore we are IItanding behind our original denial pOllition
on this cOIle.
Sincerely,
P, A
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BRYON H. WILSON
Claim Department
SH07/0/02/1
Copy to LEE KENAWELL
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Exhibit F
FIf.I.II ClAIM OFFICE
6:145 FlANK IIR. SUITE 1000
II.\RRL.BURO PA 11111
PIIONE NUMBER, 1IT.54ll-1500
OFFICEIIOURS, MONIIAY.FRIIIAY .:00-4.10
Allstate.
lilu're In JIOOd hnndll.
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November 11, 1994
ARCIIIE V. DlVEGLIA ESQUIRE
119 LOCUST ST.
I~ISBURG PA 17101
Claim Number:
Our Insured:
Date of Loss:
1551770538 !CUM
LEE KENAWELL
HARCII 9, 1993
Dear Hr. Diveglia:
I have reviewed your letter of November 7th, and the Septa case that you
enclosed. Again I must state, that I do not feel that this case is on point,
and therefore Allstate Insurance Co. will stand by its decision that there is
no coverage under the policy for Hr Kenawell's injuries, as they did not arise
out the maintance or use of an automobile.
It is Allstate's position that your clients medical expenses should be
evaluated and paid by either the health insurance carrier, or the party who
was responsible for your client's injuries.
Should you have any questions, please let us know.
Sincerely,
fl/V1~ -~
BRYON H. WILSON
Claim Department
SH07/0/02/1
Copy to LEE KENAWELL
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CERTWICA TE OF SERVICE
AND NOW, this 17th day of February. 1995, 1 hereby certifY that 1 have served the foregoing
Praecipe for Entry of Appearance on the following by depositing a true and correct copy of same in
the United States mails. postage prepaid, addressed to:
Harvey Freedenberg, Esquire
McNees, Wallace & Nurick
P.O. Box 1166
Harrisburg, P A 171 08-1166
Stephen E. Geduldig. Esquire
Thomas, Thomas & Hafer
P.O. Box 999
Harrisburg, P A 171 08
Archie V. Diveglia, Esquire
Diveglia & Kaylor, P.C.
119 Locust Street
Harrisburg, PA 17101
lev _'
James G. Nealon, III, Esquire
Dated: February 17,1995
,
Kyong Kenawell
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 95-750 ei~l Term ~~
Complaint ~ction For Declaratory
Judgement and Notice
-vs-
~llstate Insurance Co.
Sears Roebuck and Company
R.Thomas Kline, Sheriff who being duly sworn according to law,
says he made diligent search and inquiry for one of the within named
defendants to wit: ~llstate Insurance Co, but was unable to locate them
in his bailiwick. He therefore deputized the Sheriff of Dauphin County
to serve the within Complaint ~ction For Declaratory Judgement and Notice
according to law.
D~UPHIN COUNTY RETURN: and now: February 14. 1995 at 2:30 P.M. served the
within Complaint Action For Declaratory Judgement upon ~llstate Insurance
Company by personally handing to Marlene Wright. Secy.and person in charge
a true and attested copy of the original Complaint ~ction For Declaratory
Judgement and making known unto her the contents thereof at their place
of business 6345 Flank Drive. Suite 1000. Harrisburg, Pa.
So answers: William H. Livingston Sheriff
Dauphin County Return is hereto attached.
Wesley Cook, Deputy Sheriff who being duly sworn according to
law. says on February 13. 1995 at 3:58 o'clock P.M.E.S.T., he served a
true copy of Complaint Action For Declaratory Judgement and Notice.
in the above entitled action upon the within named defendant to wit:
Sears Roebuck and Company, by making known unto Elizabeth Ciminl
Sales Manager at Sears Roebuck and Co., 3595 Capital City Mall, Camp Hill.
Cumberland County, Pennsylvania. its contents and at the same time handing
to her personally the said" true and attested copy of the same.
Sheriff's Costs:
Docketing
Service
Out of County
Surcharge
Dauphin County
24.00
8.40
9.00
4.00
29.25
$ 74.65 pd. by
atty 2-27-95
So answers~~./ .' ,,''''~''d''.
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R. Thomas Kline, Sheriff
By ((!~
Sworn and Subscribed To Before Me
This S''!;- Day of 7Jl.4, ./J
1995. ~.D.~L<.- r..Yh..ii!"",.~.
Prothonotary
COMMONWEALTH OF PENNA:
COUNTY OF DAUPHIN:
SHERIFF'S RETURN
NO. 95-750
PAGE 71
AND NOW: February 14th 1995 .ut 2:30 P. 1\1.
WITHIN Complaint Action for Declaratory Judgement
SERVED TilE
UPON
.---..- ------..-.-..--------
Allstate Insurance Company
BY PERSONALI.Y
HANDING TO
Marlene Wright, Secy. and person in charge at time of service
A TRUE ATTESTED COpy OF THE ORIGINAl, Complaint Action for Declaratory Judgement
AND MAKING KNOWN TO her THE CONTENTS THHREOF AT their place of
business, 6345 Flank Drive, Suite 1000, Harrisburg, Pa.
SO ANSW~RS t..D' .(~
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_._-----~_.._,_.._-_.-.-_....-_.._._----
SHERI~ DAUPHIN COUNTY I PENNA
BY rY~~~
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DEPUTY S "RIFF
Sworn and subscribed to
e <hie~~ ~~
PROTHONOTARY
19 95
SHERIFF'S COST $
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Kyong Kenawell
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a Policy of Insurance, Policy No. 008769196, to Lee & Alton Kenawell. A true and correct copy of
the Certification of Policy Limits is attached hereto and incorporated herein by reference as "Exhibit
A." A true and correct copy of the applicable Policy is attached hereto and incorporated herein by
reference as "Exhibit B." It is denied that the Plaintiff, Kyong Kenawell is entitled to any benefits
under the Allstate Policy for any losses arising out of the March 3, 1993 incident.
10. Admitted.
II. It is admitted that "Exhibit A" to the Complaint is a true and correct copy of
an August 31,1994, correspondence from counsel for Rol-Away to counsel for the Plaintiff. After
reasonable investigation, Defendant is without sufficient knowledge or information to form an
opinion regarding the truth of the remaining averments contained in Paragraph II of the Complaint
and proof thereof is demanded.
12. It is admitted that counsel for the PI~intiff placed Allstate on notice of a
potential claim and later provided to Allstate a copy of the deposition of the Plaintiff, a copy of the
deposition of Gregory Moore and a copy of the decision of the Superior Court in Frain v Kc:ystone
Insumnce Company. It is denied that the Plaintiff is entitled to benefits under the Allstate Policy or
that the decision in EriIin is applicable to the instant matter.
13. It is admitted that counsel sent to Allstate letters dated October 21, 1994, and
November 10, 1994 and that Exhibits Band C to the Complaint are true and correct copies of said
correspondence. It is further admitted that counsel for the Plaintiff provided to Allstate a copy of the
Decision of the Superior Court in Adc:yward v Septa. It is denied that the Plaintiff is entitled to
benefits under the Allstate Policy or that the decision in Adeyward is applicable to the instant matter.
It is further admitted that Allstate denied coverage for the claim by letters dated November 7 and
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10, 1995, and that Exhibits E and F to the Complttlnl are true and correct copies ofthe letters.
14, The averments contllined in I)nrallrnph 14 of the Complaint are conclusions
oflaw to which no response is required, To the elltent that a response is required, they are denied.
On the contrary, PlaintilTwas nol"occuPyinll" the mol or vehicle at the time of the accident. By way
of further averment, Plaintilrs injuries did not arise out of the "maintenance and use" of a motor
vehicle.
15, The avermenls conlnined in Parallraph 15 of the Complaint are conclusions
oflaw to which no response is required, To the extent that a response is required, they are denied.
On the contrary, for reasons slated above, PlaintiO'is not entitled to benelits under the Allstate
Policy for the March 9, 1993 incidenl,
16. It is deni~-d thatlhe net ion docketed to lerm and number 94-3566 Civil cannot
be properly Iitillated until the issue as 10 whether lirst party benelits apply is resolved. After
reasonable investillation, Defendant is without sufficient knowledlle or information to form an
opinion regardinll the truth oflhe remaininll averments contained in Paragraph 16 of the Complaint
and proof thereof is demanded
17, Denied as stated. A conlroversy exists because Allstate has properly denied
the Plaintilrs claim for coveralle and PlaintilT has refused to accept the decision.
18, After reasonable invest illation, Defendant is without sufficient knowledge or
information to form an opinion regardinll the truth of the averments contained in Paragraph 18 of
the Complaint and proof thereof is demanded,
19, After rensonable investigation, Defendant is without sufficient knowledge or
information to form an opinion rellardinll the truth of the averments contained in Paragraph 19 of
4.
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EXHIBIT B
TABLE OF CONTENTS
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4
GENERAL PROVISIONS
Insuring Agreement. . . . . . . . . . . , , . . , , . , . ,2
When and Where the Policy Applies, . . , , , . ,2
DefinItions. . . , . , , , .. , , . . , , , ' , ' , .', ' '. ,2
Changes
Premium Changes .,., , . . , , ' . . . . , . , ' . ,2
Coverage Changes, . . . . . , . . , . . . . , . . . . ,2
Transfer. . , . , . . , , . , , , , . . , , ' . , ' . , , , . . . ,2
Cancellation. . . . . , . . . ' . . , . . . , ' . , . . ' , , , ,)
PART!
AUTOMOBILE LIABILITY INSURANCE
COVERAGES AA AND BB
Insuring Agreement. . . , . , , . , , , , ' , ' , , , , . ,)
Additional Payments Allstate WIll Make, , . , ,)
Insured Persons. , . , , . , , ' , , . , ' , ' . ' . , . , . .4
Insured Autos. . , , , , . , , ' . . , . . , , , , . ' , . , . ,4
Definitions. , , , , , . , . . , , ' , . , , , . , ' , ' , , , ' ,4
Exclusions-What is not covered ".'", , . ,5
Financial Responsibility, , , . ' , , " "",'. ,5
limIts of liabIlity, , , , , ' , , . . . , . , .. , .. .. . ,6
" There Is Other Insur ance. . . . . . . . . , , . . . . .6
Assistance and Cooperation Of The Insured. ,6
Action Against Allstate . , . . . . . , . . , . . . . . . ,6
Sankruptcy or Insolvency . , . , . . . , . . . ., . ,6
What To Do In Case Of An Auto Accident
Or Claim. . . . . . . . . , , ' . . . . , . , , . . . . . . , .6
PART 2
FIRST PARTY BENEFITS COVERAGE
COVERAGES CC, CF. VW, VM, CE
Insuring Agreement, , . . , . . . . . , ' , . , ' ' . , . ,7
Definitions. . , . , . , .. . . , . , ' , . , , , . , .. .. , ,7
Exclusions, . . . , . . , . . , . . , , , . ' . , , , ' , ' , . ' ,S
Policy Perood; Territory, , . , . , . , , ' , . , ' . , , , .9
Limits Of liability. , , , . . ' , , . , ' , , , , . .. , ' ..9
Priorities Of Policies, , , , ' . . , . . , , . . , , , , , ,10
CondItions
Action Against Us, . . . ' . , , . . . . . ' , , . , , .10
Notice. . . . . . . . . . . . . . . . . . . . . . , , . , . . .10
Medical Reports; Proof Of Claim . . . . . . . .10
Customary Charges For Treatment. . . . . . .11
Non.Duplltatlon Of Beneflls ' , , . . ' , ' , , ,II
Other Insurance. , , , . . . . . , . ... ,'.... ,II
PART 3
UNINSURED AND UNDERlNSURED
MOTORISTS INSURANCE
COVERAGE SS
Insuring Agreement. . . . . . . . .. .. . . . . . . . .11
Insured Persons , . . . . . . . , . . . . . . . . . , , . . ,II
DefinItions, . ' , , , , ' , , . , ' . . . , . . . . . . . . . .12
Exclusions-What is not covered . . . , , . , , ,13
LImits of liabIlity. , . . . , ' , , . . .. . . . . , . . . . .1)
Non'Duplication of Seneflts. . . . . . . . , . . . . .13
If There Is Other Insurance. . . . . . . . . . , . . . .1)
Proof of ClaIm; MedICal Reports. . . . . . . . . . .14
AssIstance and Cooperation or the Insured. .14
Trust Agreement. . . . . , , . . , . .. . , . . .' ., .14
Payment of Loss byAlIstale. ,.,.',.',.., ,14
ActionAg>instAlIslate '..,..,....,..,' ,14
" We Cannot Agree, . ' , . . . , , . . . . . . . . , , ,14
PART 4
PROTECTION AGAINST LOSS TO THE
AUTO
COVERAGES DO, HE, HF, HG, HH, JJ, UU,
ZA.ZZ
Insurong Agreemenls For Each Coverage, . . ,15
AddItional Payments Allslale Will Make. . , ,17
Insured Autos. . . , , . . . . . . . . . . . . . . . . . . , .17
Definitions, . , , . . . . . . . . .. . . , .. . . . . . . . .18
Exclusions-What is not covered . . . . . . . . .IS
Right to Appraisal, .,..,.......,....... .19
Payment of Loss. . . . . . . . . . .. .. . . . . . . . ..19
Limits or Liability. . . . . . . . , . .. .. . . . . . . . , .19
" There Is Other Insurance Applicable
to the Loss, .. ,.. . ...... .,..... , ,. .. .19
Action Against Allstate .. . . . . . . . . . . . . . . ,20
Subrogation Rights, . . . . . . . . . . . . . . . . . . . .20
What You Must Do " There Is A Loss. . . . . . .20
Pagel
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Allstate-
...
Tht Company Namtd In Tht Otclaratlons
A StOCk Company. Homt OfllCt. Northbrook.lllinolS
GENERAL PROVISIONS
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Insuring Agrttment
Tht covtragts 01 this policy apply only whtn a
specific prtmlum Is indicattd lor them on tht
declarations pagt.11 mort than one auto Is
Insurtd. a coveragt premium will bt shown lor
each auto. Allstate. relying on tht
inlormation you have given us. makes the
lollowing agreements with you.
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When and Where the Policy Applies
During the policy period. your policy applies to
losses to the auto, accidents and occurrences
w,th,n the Unittd Stales 01 America. Its
lellllorles or possessions or Canada. or
between their ports, However, Cover age SS -
Uninsured and Under insured MotorollS
Insurance applies to accidents and occurrences
anywhere in the world during the poliCy
period.
Definitions
1. "Allstate", ''We'', "Us" or "Our" means
the company named on the declarations
page 01 the poliCY,
2. "Auto" means a land motor vehiclt
designed lor use principally on public
roads.
3. "You" or "Your" means the policyholder
named on the declarations page and that
policyholder'S resident spouse,
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Changes
Premium Changes
The premium lor each auto is based on the
Information Allstate has received from you or
other sourcts. You agree to cooperate with us
In determining If thlslnlormatlon is correct. II it
Ii
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IS complett. and lIlt changes during the poliCy
period. You agree that II this Information
changtS or is incorrect or Incomplett. we may
adjust your premium accordingly during the
poliCy period, Changes which result In a
premium adjullment art contained In our
rults, These Includt. but art notlimittd to:
I, autos Insurtd by tht policy, Including
changtS in USt.
2, drivers residing In your hoUSthOld. their
ages or mar,talstatus.
3. coveragtsor coveragt limits.
4, rating territory,
S, discount eligibility,
Any calculation or adjustmtnt of your
premium will be madt using the rults. rates
and forms In efltct. and on flit If required. for
our use In your statt.
Coveragt Changes
Whtn Allstate broadens a coverage during
the policy period without additional charge.
you have tht ntw leature if you have the
coveragt to which it applies. The ntw leaturt
applies on the date the coverage change Is
eflective In your state. Otherwlst. the policy
can be changtd only by endorsement. Any
change In your coverage will be made using
the rules. rates and forms In effect. and on lilt
if required, lor our use in your state.
Transfer
This policy can't be transferrtd to anothtr
ptrson without our written consent. However.
II you die this polley will provide coveragt
until the tnd oltht policy ptrlod for your Itgal
4
reprfi'lCnlathle while acting as such and
perwns covered on the dale 01 your death,
Cancellation
You may cancel this policy by writing and
telling UI at what luture dale you wish 10 stop
coverage.
AIIllate may cancel part or all 01 thiS policy by
mailing notice to you at your last known
address, " we cancel because you didn't pay
the premium, Ihe dale 01 cancellation will be at
least 15 days aller Ihe date 01 mailing nOlice.
" we cancel lor any other reason within the
Ilrsl 59 days 01 the policy period, the dale 01
cancellation will be alleast 10 days aller
mailing Ihe notice. Otherwise, we will give
you 30 days notice.
Mailing Ihe nOlice will be prool 01 nOlice. A
relund, If due, Will be proponionallo Ihe lime
your policy has been in effect, but cancellation
will be effective even Ihough Ihe relund is not
made Immedialely,
Alter your original policy has been in effect 60
dilYs, Allstate won't cancel your polley during
the policy period unless:
I. The premium isn't paid when due; or
2. You had your driver's license suspended or
revoked; or
3, You concealed a material lact, or made a
material misrepresentation of fact, which If
known to UI would have caused UI not to
Issue the polley.
"we don't intend to continue the policy
beyond the current policy period, we will mall
you notice at least 30 days before the end of
the policy period.
PART I .
AUTOMOBILE LIABILITY INSURANCE
BODILY INJURY L1ABILlTY-
COVERAGE M
PROPERTY DAMAGE-COVERAGE BB
In luring Agreement
Allltate will pay damages an Insured person Is
legally obligaled to pay because of:
I. bodily Injury sustained by any person,
and
2. damage to or destruction of property.
Under these coverages, your polley protects an
Insured person from liability for damages
arising out of the ownership, maintenance or
use, loading or unloading of the insured auto,
We will defend an insured perwn sued for
damages which are covered by this policy.
even If the suit Is groundless, false or
fraudulent. We will defend the Insured person
at our own expense. We will choose Ihe
counsel, We may seule any claim or suit If we
believe illS proper, We will not defend an
Insured person sued for damages which are
not covered by this policy.
Additional Payments Allstate Will Make
When we defend an Insured person under this
part, we will pay:
I. up to S50 per day for loss of wages or
salary If we ask Ihat perwn to auend
hearings or trials to defend against a bodily
injury suit. We won't pay for loss of other
income. We will pay other reasonable
expenses incurred at our request.
2, court costs for defense.
3, interest accruing on damages awarded
until such time as we have paid, formally
offered, or deposited in court the amount
for which we are liable under this polley.
Interest will be paid only on damages
which do not exceed our limits of liability.
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4, all premluml on appeal bond I and on
bond I 10 relealt attachmenll, bUI nolln
excell 01 our lImit olllabillly, We have no
obllgallon 10 apply lor or lurnllh Ihele
bondI,
We will repay an In lured perlon lor:
1 , Ihe COlI 01 any bail bonds required due 10
an aulo accidenl or tralllc law vlolallon
involving Ihe use ollhe Insured aula.
Paymenl won'l exceed 5300 per bond. We
have no obllgalion 10 apply lor or lurnlsh a
bond,
.
2. any expense incurred lor Ilrst aid to olhers
allhe time 01 an auto accident involving
the in lured aula,
f .
Insured Persons
Thele persons are insured under Cover age AA
and Cover age BB:
I , While uling an insured aula:
al You,
b) Any resldenl rei alive, and
cl Any olher person uSing II with your
permission.
2. While using a non-owned aulO:
al You, and
bl Any resldenl relative using a lour
wheel prlvale passenger aula or
Ulllllyaulo,
The use 01 a non-owned aulo must be
with the owner's permission.
3. Any olher person or organlzallon liable lor
the use 01 an insured aulO ilthe aulO is
nOI owned or hired by Ihis person or
organizalion provided Ihe use is by a
person insured under I. or 2, above,
Insured Aulos
I. Any aUlo described on the declarallons
page. This Includes any lour wheel private
passenger aula or ullllly aUlO you
replace It with.
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2, An addillonal four wheel private
palsenger aula or ulllllY aula you or a
resldenl relative acquire ownership 01
during the polley period. This aUla will ~
covered If WI Insure all other private
passenger aulOI or ullllly aulOI you
own, You must, however, notify UI within
60 days of acquiring the aula and pay any
addlllonal premium.
3. A lubslltute lour wheel private passenger
lIulO or utlllly aula, not owned by you or
a resldenl relallve being temporarily used
while your Insured aula Is being serviced
or repaired, or if your Insured aula Is
lIolen or dellroyed.
4, A non-owned aula used by you or a
resldenl relative wilh the permiSSion of
the owner, This aula musI nOI ~ available
or furnished for Ihe regular use 01 an
Insured person.
5, A trailer while attached 10 an insured
aula, The trailer must be designed lor use
with a private passenger aUla or ullllly
auto. This trailer can't ~ used lor business
purposes with other than a private
passenger aula or Ullllly aula,
Definitions
I. "Allstate", "We", "Us" or "Our" means
the company named on the declarations
page ollhe policy,
2. "Aula" means a land motor vehicle
designed lor use principally upon public
roads.
3. "Bodily Injury" means bodily injury.
sickness, disease or death.
4. "ResIdent" means a person who
physically resides In your household with
the Intention 01 conllnulng residence
there. Your unmarried dependent children
while temporarily away Irom home will ~
considered resldenlllf they Intend to
resume residing In your household,
..
~. "(;tlllty Auto" means an Ituto with a
r aled load capacity of 2.000 pounds or lell
of the piCk. up body. sedan delivery or
panel truck type.
6. "You" or "Your" means the policyholder
namtd on the deelar allons page and Ihat
pollcyholder's resident spouse.
ExclusIons - Whitt Is not covertd
Allstltte will not pay for those damages which
an Insured person Is legally obligated 10 pay
bl!cause of:
I. bodily Injury or property damage ariSing
out of the use of your Insured auto while
hired by or renled 10 others for a charge. or
any aUlo an Insured person Is driving while
available for hire by Ihe pubilc.
This exclusion does nOI apply to:
al shared expense car pools.
bJ the occasional rental of your Insured
motor home or traveJ.lraller 10 others
for personal use if a rental premium is
shown on Ihe declar atlons page for
this cover age.
2. bodily fnjury or property damage arising
out of auto business operations such as
repairing. servicing. testing. washing.
parkIng. storing. or selling autos.
However. coverage does apply to you,
resident relatives. partners or employees
of the partnershIp of you or a resIdent
relative when using your Insured auto.
3. bodily Injury or property damage arising
out of Ihe use of a non.owned auto in
any business or occupation of an Insurtd
person. However. this exclusion does not
apply whIle you. your chauffeur or
domestic servant are using a privale
passenger auto or trailer.
4. bodily fnjury to an employee of any
'nsurtd person arlslng In the course of
employment. This exclusion does not apply
to your domestic employee who r. not
required to be covered by a worker's
compensatIon law or similar law.
5. bodily Inlury to a co-worker Injured In the
course o( employment. This exclusion does
not apply to you.
6. bodily Injury to you or any resident of
your household related to you by blood.
marriage or adoption whenever the
ullimate benefits of this coverage would
accrue directly or Indirectly to you or any
resident of your household related 10 you
by blood. marriage or adoption.
This exclusion applies only to Ihe extent
thaI the IImilS of liability for this cover age
exceed the limits of liability required by the
financial responsibilIty law of
Pennsylvania,
7. damage 10 or destruction of property an
insured person owns. If ansports. Is In
charge of. or renlS, However. a private
residence or a gar age rented by thaI
person Is covered.
S. bodily Injury or property damage which
may reasonably be expected to result from
the Intentional or criminal acts of an
insured person or which are in fact
Inlended by an insured person.
9, bodily Injury or property damage which
would also be covered under nuclear
energy liability insurance. This applies even
If Ihe limits of that insurance are
exhausled.
Financial Responsibility
When this pOliCY is certif,ed as proof under any
Motor Vehicle Financial Responsibility law, the
Insurance under this part shall comply with the
provisions of such law. This liability coverage
will comply wilh the extent of liability
coverage and limits required by the law.
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lImlU 01 liability
Tht limits shown on tht dtclar allons pagt art
tht maXimum we Will pay lor any slnglt auto
aCCldtnt. Tht limit stattd lor tach ptrson lor
bodily Injury applltS to all damagtS arising out
01 bodily Injury sustalntd by ont ptllon In
any ont occurrtnct. Including all damages
sustalntd by anyone else as a result 01 that
bodily Injury. subject to the limit lor each
ptrson. the occurrence limit Is our total limit 01
liability lor all legal damages lor bodily Injury
sustalntd by twO or more pellons In anyone
occurrtnct. For proptrty damagt. tht limit
applltS to allltgal damagtS arising Irom tach
occurrtnct.
Tht liability 11m III apply to tach Insurtd auto as
stattd on tht dtclaratlons pagt. Tht Insuring
01 mort than ont p~rson or auto undtr thiS
poll(y will not Incrtast our liability IImill
btyond tht amount shown lor any ont auto.
tvtn though a stpar att prtmlum Is chargtd lor
tach auto, Tht limits also won't be Incrtased II
you have other auto Insurance pOliCies that
apply,
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An auto and attached trailer are considertd
one auto. Also. an auto and a mounttd
camper unit. topper. cap or canopy art
considered one auto,
II a slnglt "each occurrence" limit Is stated on
the declarations page lor Automobile Liability
Insurance. this limit will be the maximum
amount 01 Allstate's liability lor bodily Injury
and property damage arising out 01 anyone
occurrence.
II There Is Other Insurance
II an insured person is using a substitute private
passengtr auto or non.owned auto, our
liability Insur ance will be excess over other
collectible insurance. II more than one policy
applies to an accident Involving your Insured
auto, we will btar our proportionate shart
with other collectible liability insuranct.
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AulstanCe and c;,ooptr atlon 01 tht Insurtd
An insurtd ptrson must .,ssist us In making
stttltmtnll. Stcurlng evldtnct. obtaining
wltntsstS and In conducting SUits, ThiS Includ~s
disclosing all lacts. and atttndlng htarlngs arxl
trials. That ptrson must also htlp us rtcovtr
Irom anyont who may be Jointly rtsponslblt,
We can't be obligated II an Insured ptllon
volunlarlly makes any paymtnll or takts othe-f
actions exCtpt as sptcilled In this poliCy,
Action Against Allstate
No Insured ptrson can sue us under thiS
covtragt unitS! thtrt Is lull compllanCt with
all tht ItrmS 01 tht policy.
II liability has bttn del ermined by judgmtnt
alttr trial. or by written agrttment among the
insurtd ptrson. tht othtr ptllon. and us. thtn
whoever obtains this judgment or agrtemem
against lht Insured ptllon may sut us up to
tht limits 01 thiS coveragt. Howtver. no ont
hasa right to join us In a suit to determint Itg.11
responsibility,
Bankruptcy Or Insolvency
The bankruptcy or Insolvency 01 an Insured
person won't relieve us 01 any obligation.
What To Do In Case Of An Auto Accidtnt Or
Claim
II an Insured person has an auto accidtnt or
inlormation that a claim may be made against
that person. we must be Inlormed promptly cf
all dttalls. II an Insurtd person Is sued as a
result of an auto accident. we must be
inlormed immediately so we can provide
delenst,
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PART 2
FIRST PARTY BENEFITS COVERAGE
COVERAGES CC, CF, VW, VM, CE
Coverage CC - Medical Expenses
Coverage CF - Funeral Expenses
Coverage VW - Income loss
Coverage VM - Accidental Death
Coverage CE - Combination Package
In accordance with the Pennsylvania Motor
Vehicle Financial Responsibility law, we will
pay first Party Benefits for:
I. al medIcal expenses (Cover age Cq.
bl Income loss ICoverage VWI, and
cl funeral expenses (Coverage Cfl
arising from bodily Injury to an eligible
person resulting from the maintenance or
use of a motor vehicle as a vehicle.
2. accidental death fCoverage VMI arising
from bodily Injury to the named Insured
or relatIve resulting from the maintenance
or use of a motor vehicle as a vehicle.
Only the First Party Benefits shown as
applicable In the declarations will apply,
DefinItions
'We", "us" and "our" mean the Company
providing this Insurance.
"Accidental death" means the death of the
named Insured or relatIve if death occurs
within 24 months from the date of the
accident. The death benefit shall be paid to the
executor or administrator of the estate of the
named Insured or relative,
"Bodily Injury" means accidental bodily harm
to a person and that person's resulting illness.
disease or death.
"CatastrophIc loss Trust fund" means the
fund established under the Pa. Motor Vehicle
financial Responsibility law (75 Pa. C.S.
Ch.17F.1
--
"Eligible person" means: .
al the named Insured or any relatIve;
bl any other person who sustains bodily
Injury
f " while occupyIng the Insured motor
vehIcle. or
/2/ while a non-occupant of a motor
vehicle It Injured as a result of an
accident In Pennsylvania Involving the
Insured motor vehIcle, An
unoccupied parked Insured motor
vehicle is not a motor vehIcle
Involved In an accident unless It was
parked In a manner as to create an
unreasonable risk of Injury.
"funeral expenses" means reasonable
expenses directly related to the funeral, burial,
cremation or other form of disposition of the
remains of the deceased eligible person, The
expenses must be Incurred as a result of the
death of the eligible person and within 24
months from the date of the accident.
"Income loss" means eighty (80%) percent of
gross income actually lost by an eligible
person. Income loss Includes reasonable
expenses actually Incurred for hiring:
fal a substitute to perform the work a
self.employed eligible person would have
performed except for the bodily Injury. or
(bJ special help, thereby enabling a person to
work,
thereby reducing loss of gross income.
Income loss does not include:
(a' loss of expected Income for any period
following the death of an eligible person,
or
(b) expenses incurred for services performed
following the death of an eligible person,
or
(cl any 1055 of income during the first five f51
working days the eligIble person did not
work after the accident because of the
bodily Injury. These five (51 working days
do not have to be consecutive.
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"'nsured motor vehicle" mean~ a motor
vehIcle: .
lal to which the bodily Injury liability
insur ance of the policy applies and for
whl<h a specifiC premium is charged, and
Ibl for which the nllmed Insured malntaln~
First Party BeneliU as required under the
Pennsylvania Motor Vt'hlclt' Financial
Rt'sponsibility law,
"Medlcll' t'Xpenses" means rt'asonablt' and
nect'ssary charges incurrt'd for:
lal mt'dical treatment, Including but not
limited to:
I I I medical, hospital, surgical, nursing and
dental servict's;
/21 medications. mt'dical supplit's and
prosthetic devices; and
131 ambulance;
Ibl medical and rehabilitative st'rvices,
Including but notlimitt'd to:
I I I medical care;
121 licenst'd physical therapy. vocational
rehabilitation and OCCUpational
therapy;
(3) osteopalhlc, chiropractic. psychiatric
and psychological services; and
141 optometric services, speech pathology
and audiology;
Icl nonmt'dlcal remedial care and treatmt'nt
rendered In accordance with a recognized
religious melhod of healing.
All mt'dical treatmt'nt and medical and
rehabilitallvt' services must be provided by or
prescribed by a person or facility approved by
lht' Department of Health, the equivalent
governmental agency responsible for health
programs or the accrediting designee of a
department or agency of lhe state in which
those services are provided.
Payment of medIcal expenst's incurred after
IS months from the date of the accident
causing bodily Injury shall be made only if
within IS months from the date of the accident
It Is ascertainable with reasonable medical
probability that further expenses may be
Incurred as a result of the Injury.
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"Motor vt'hlcle" means any vehicle which Is
sell'propelled txC4'pt one which Is propelled
lal solely by hUman power,
Ibl by electric power oblained from ovt'rht'ad
trolley wirt'S, or
Icl upon ralls,
"Named Insured" means tht' pt'rson or
organization namt'd In tht' dt'claratlons
Including the spouse If a rt'sldt'ntln the samt'
houst'hold,
"OccupyIng" mt'ans In or upon, t'ntering Into
or alighting from.
"Re'atlve" means, if a rt'sidt'nt In tht' samt'
household as the named 'nsured:
lal tht' spoust' of tht' namt'd Insured,
Ibl any person rt'lated to tht' named Insured
by blood, marriagt' or adoption, Including
a minor In tht' custody of tht' namt'd
Insured, or such rt'latt'd pt'rson,
wht'tht'r or not tt'mpor arlly rt'sldlng
t'lsewhert'.
Exclusions
This coverage dot's not apply to bodily Injury
to:
(a) any person, who Is tht' owner of a
currt'ntly reglstert'd motor vehIcle for
which Financial Responsibility Is not
provided, while occupying or when struck
by that motor vt'hlcle.
(bl any person while occupyIng a motorcycle,
motor-driven cyclt'. motorlzt'd pedalcycle
or like typt' vehicle required to bt'
registered under Title 75 or a recreational
vehicle not Intended for highway use;
leI any pt'rson other than the named Insured
or any rt'latlve. who knowingly converts
a motor vehIcle if the bodily Injury arises
out of tht' maintenance or ust' of tht'
converted vehicle;
Idl any p~rson wh~n th~ conduct or that .
person cbntrlbultd to th~ bodily Injury
sustajn~d by that p~rson. whil~
/II Inl~ntlonally injuring or alt~mpllng to
int~ntionally Injur~ hlms~lf or anoth~r.
(21 commiltlng a f~lony. or
(31 s~~klng to ~Iud~ lawful appr~h~nsjon
or arr~st by a law ~nforc~mtnt official;
I~) an)' p~rson ~ngag~d In the busln~ss of
repairing. servicing. or otherwise
maintaining motor vehlc/~s If the bodily
Injury arls~s out of that busin~ss unless the
conduct occurs off the busln~ss pr~mls~s;
(fl any p~rson not occupying a motor
v~hlc/~. oth~r than th~ nam~d Insured or
any r~latlv~, If th~ accld~nt occurs OUlSld~
th~ Commonw~alth of P~nnsylvanla;
(gl any p~rson sustaining injury as a dir~ct
result of loading or unloading any motor
v~hlc/~;
(hI any p~rson while maintaining or using a
motor v~hlcl~ while located for use as a
residence or premises;
III any person due to war, whether or not
declar~d. civil war. insurrection. revolution
or rebellion or any accompanying acts or
conditions; and
UI any person caus~d by nuclear radioactivity
or explosion,
Polley P~rlod; Territory
This coverag~ applies only to accidents which
occur on or after October I. 1984 during the
poliCy period and within th~ United States or
America. its territories and possessions or
Canada.
limits Of liability
A. Our liability for benefits with respect to
bodily Injury to any one ~lIglble p~rson
In anyone motor v~hlcle accident Is
IImit~d to the amount shown In the
Declarations; or
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If th~ d~clar at Ions shows that Cov~r age CE
- Combination Packag~ applies: we wi!1
pay:
8~n~f1t. . . . . . . . . . .lImlt
la) M~dical Exp~nsts Subject to
Aggregate Limit
lbl Incom~ loss Subject to
Aggr~gat~ limit
leI Funeral Expens~s Subject to amount
shown In the
declarations
ld) Accld~ntal D~ath Subject to amount
shown In the
declar atlons
Th~ Aggregat~ limit Is shown In th~
dtclaratlons. The Aggregate limit is th~ total
amount payabl~ for all benefits with respect to
bodlfy Injury to any one ~lIglble person in
any ont motor vehIcle accident for txpenses
incurrtd within three years rrom the date of
th~ accidtnt. Tht limits shown In the
dtclarations for Funtral Expenses and
Accidental D~ath art Included within the
Aggregatt limit ror Coverage CE and not in
addition to the Aggrtgate limit.
8enefits shall not be increased for any eligible
p~rson by adding together the limits of
liability:
la) undtr this policy because there are
multiple motor vehicles covered under
this policy. or
fbJ undtr multiple motor vehicle policies
covering an eligible person for the same
loss.
Any amount payable by us under the terms or
this coverag~:
fa) for m~dlcal ~xpenses grealerthan
S I 00.000 shall b~ ~xc~ss over any amount
paid or payable under the CatastrophIc
loss Trust Fund, and
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/b) 'or First Party Sene'lu shall be excess over
all bene'iu that an eligible person receives
or Is entitled to receive under any workers'
compensation law or similar law.
PrIorItIes Of PolicIes
We will pay First Party Sene'/ts In accordance
with the 'ollowlng order 0' priority, We will
not pay II there Is another Insurer at a higher
level 0' priority. The priority order Is:
First. The Insurer providing benelilSlo
the eligible person as a named
Insured.
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Second . The Insurer providing bene',llto
the eligible person as a relallve
who Is not a named Insured
under another policy providing
coverage under the Pennsylvania
Motor Vehicle Financial
Responsibility Law.
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Third . The Insurer 0' the motor vehicle
which the eligible person is
occupying at the time 0' the
accident.
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Fourth . The Insurer providing benellls on
any motor vehicle Involved In
the accident lithe eligible person
/s not loll occupying a motor
vehIcle, and IbJ provided
coverage under any other policy.
The IIrst category listed above Is the highest
level 0' priority and the 'ourth category listed
above Is the lowest level 0' priority,
II two or more policies have equal priority:
1.1) the insurer against which the claim is 11m
made shall process and pay the claim as i'
wholly responsible.
Ibl the maximum recovery under all policies
will not exceed the amount payable under
the policy with the highest dollar IImlu 0'
benellts.
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For the purposes 0' determining priorities, an
unoccupied parked motor vehicle Is not a
motor vehIcle InVOlved In an accident unless I
was parked In a manner as to create an
unreasonable risk 0' Injury.
Conditions
^. Acllon AgaInst Us. No action shall lie
against us on the part 0' any eligible
person unless such person has 'ully
complied with all the terms 0' this
cover age,
8, Nollce. II an accident occurs, written
notice adequately Identllylng the eligIble
person and reasonably accessible 'acts
concerning the time, place and
circumstances 0' the accident shall be
given as soon as practicable by or on
behall 0' each eligIble person to us or any
0' our authorized agents,
C, Medical Reports: Proof of Claim. ^s soon
as practicable the eligible person. or
someone on his behalf, shall give us
written proo' 0' claim, under oath I'
required, 'ully describing the nature and
extent 0' bodily Injury. treatment and
rehabilitation received and contemplated
and other In'ormat/on to assist us In
determining the amount due a~d payable.
proo' 0' claim shall be made upon 'arms
furnished by us unless we 'all to supply
such 'orms within 1 5 days after receiving
notice 0' claim.
The eligible person shall submit to mental
and physical examinations by physicians
selected by us when and as often as we
may reasonably require, We will pay the
costs 0' such examinations.
The eligible person lor, In the event 0'
such person's Incapacity or death. his legal
representative) shall, "we request, sign
papers to enable us to obtain medical
reports and copies 0' records. A copy 0'
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such medical report will be lorwarded to
such eligible person upon his WFlUen
request.
II benellts lor Income lOll are claimed, the
eligible person presenting such claim shall
authorize us to obtain derails 01 all
earnings paid to him by an employer or
earned by him since the time 01 the Injury
or during the year Immediately preceding
the date 01 the accident.
O. Customary Charges tor Treatment, The
amount we will pay a person or Institution
providing treatment, accommodations,
products or services to an eligible person
lor an Injury covered by medical expense
benellu shall not exceed the amount the
person or Institution customarily charges
lor like treatment, accommodations,
products and services In cases Involving no
Insurance.
E. Non.Dupllcatlon at Benefits, No eligible
person shall recover duplicate benellts lor
the same elemenu 01 loss under this or any
other similar automobile Insurance
Including sell.lnsurance.
F. Other Insurance. II the eligible person Is
the named Insured. a relative. or the
occupant 01 an Insured motor vehicle. we
shall not be liable lor a greater proportion
01 any loss than this pollcy's limit 01 liability
bears to the sum 01 all limits 01 liability 01
all applicable Insurance and sell.lnsurance,
The maximum recovery shall not exceed
the amount payable under the Insurance
or sell.lnsurance providing the highest
dollar limit.
II the eligible person Is not the named
Insured. a relative. or the occupant 01 an
Insured motor vehicle. our share shall be
based on the number 01 motor vehIcles
Involved In the accident.
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PART 3
UNINSURED AND UNDERINSURED
MOTORISTS INSURANCE
COVERAGE SS
We will pay damages lor bodily Injury which
an Insured person Is legally entitled to recover
Irom the owner or operator 01 an uninsured or
underlnsured auto. 'njury must be caused by
accident and arise out 01 the ownership.
maintenance or use 01 an uninsured or
underlnsured auto. We will not pay any
punitive or exemplary damages.
II an Insured person sues a person believed
responsible lor the accident, we aren't bound
by any resulting judgment unless we received
reasonable notice 01 the pendency 01 the suit
resulting In the judgment and had a reasonable
opportunity to protect our Interests In the suit.
Insured Persons
These persons are Insured under Coverage 55:
I. You and any resident relative,
2, Any person while occupying your Insured
auto with the permission 01 you or a
resIdent relative. and
3. Any other person who Is legally entitled to
recover because 01 bodily Injury to you. a
resIdent relative, or an occupant 01 your
Insured auto.
An Insured auto Is a motor vehicle:
I. Described on the declarations page. This
Includes the motor vehicle you replace It
with.
2. You acquire ownership 01 during the
polley period. This additional motor 'I
vehicle will be covered il Allstate Insures
all other private passenger motor vehIcles I
you own. You must, however. notify
Allstate within 60 days alter you acquire
the motor vehicle and pay any additional
premium.
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3. Not owned by you or a resident relative
being temporarily used while your Insured
auto is being serviced or repaired. or II
your Insured auto is stolen or destroyed.
4. Notlurnlshed lor your regular use. and
operated by you with the permission of
the owner,
5. Not made available lor public hire by an
Insured person.
An uninsured auto Is:
I. A motor vehicle which has no bodily'
Injury liability bond or insurance policy in
ellect at the time 01 the accident.
)
2. A motor vehicle lor which the insurer
denies coverage. becomes insolvent. or is
Involved In Insolvency proceedings.
3. A hit.and.run motor vehicle which causes
bodily Injury to an Insured person. The
identity olthe operator and owner 01 the
vehicle must be unknown, The accident
must be reported promptly to the proper
authorities. We must be notllied within 30
days. lIthe Insured person was occupying
the vehicle at the lime olthe accident. we
have a right to Inspect It. II there Is no
physical contact with the hit.and.run
vehicle. the facts olthe accident must be
proved by competent evidence other than
the testimony 01 a person making claim
under thiSCoverage.
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An uninsured auto Is not:
I. A motor vehicle that Is lawlully
sell.lnsured.
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2. A motor vehicle owned by any Slate or
leder al government or agency 01 either,
3. An under Insured auto.
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4. A motor vehicle Insured under the liability
coverage 01 this polley.
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5. A motor vehkle furnished far the regular
use 01 you or any resIdent relative.
An under Insured auto Is:
A motor vehicle whICh has bodily Injury
liability protection In ellect at the time of the
accident. but Its limit for bodily Injury liability Is
less than the damages the Insured person Is
legally entitled to recover.
An underlnsured auto Is not:
I. An uninsured auto.
2. A motor vehIcle Insured under the liability
coverage 01 this polley.
3, A motor vehicle owned by any stale or
lederal government or agency 01 either,
4. A motor vehicle lurnished lor the regular
use 01 you or any resident relative.
Dellnltlons
I. "Allstate", "We", "Us", or "Our" means
the company named on the declarations
page 01 the policy.
2, "Bodily Injury" means bodily injury.
sickness. disease or death.
3. "Motor Vehicle" means a land motor
vehicle or trailer other than:
a) a vehicle or other equipment designed
lor use principally 011 public roads.
while not upon public roads,
bl a vehicle operated on rails or
crawler-treads, or
c) a vehicle when used as a residence or
premises.
4. "Resident" means a person who
physically resides in your household with
the intenlion 01 continuing residence
there. Your unmarried dependent children
temporarily away Irom home will be
considered residents II they Intend to
resume residing In your household.
5, "You" or ",Your" mtanl tht po/lcyholdtr'
namtd on tht dtclaratlons pagt and that
polocyholdtr'S resldentlpoult,
Exclusions - Wh.tls not covered
AIIst.te will not pay any damages .n Inlurtd
~rson Is legally entltltd to rtcover b<<au~ 0':
I. bodily 'njury '0 any perlOn who makts a
stttlemtnt without our written canst nt,
2. bodily Injury, i' tht paymtnt would
directly or Indirectly bl!nt'it any workers
comptnsatlon or disability bl!ntfits Insurer.
including a self.lnsurer.
limIts at liability
.. The Coverage S5 limit shown on the
declarations pagt lor:
aJ "each person"ls the maximum that we
will pay 'or all damages arising out 0'
bodily 'njury to one person In anyone
motor vehicle aceldtnt, Including
damages sustained by anyone elst as
result 0' that bodily Injury.
b) "each aceldent" Is the maximum that
we will pay 'or all damages arising out
0' bodily Injury to two or more
persons In anyone motor vehicle
aceldent. This limit Is subject to tht limit
'or "each person".
2. If bodily Injury Is sustained by any person
other than you or a resident relative, our
maximum limit 0' liability is the limit 0'
/lability shown on the dtclaratlons page
applicable to the vthicle the Insured
~rson was occupying at the time 01 the
motor vehicle aceldent. This Is the most we
will pay regardless 0' the number 0':
aJ Claims made;
bl Vehicles or persons shown on the
declarations page; or
c) Vehicles Involved In the motor vehicle
accident.
The Coverage 55-Uninsured AnCl
Underlnsured Motorists Insurance limits
apply to each Insured motor vehicle as
shown on the declarations page.
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3. II bodily Injury Is sustained In a motor
vehicle accldtnt by you or any resrdent
relatlvt, our maximum limit 0' liability
undtr Covtragt 55-Uninsured And
Underlnsured Motorists In sur ance 'or all
damages Is the sum 0' the /1m Its 0' liability
'or Coverage 55 as shown on the
Declarations applicable to each vehlclt,
4. We are not obllgattd to make any
payment 'or bodily Injury under this
coverage which arises out 01 the use 0' an
underlnsured auto until after tht limits 0'
liability 'or all liability protection In eltect
and applicable at the time 0' the aceldent
have bl!en exhausted by payment 0'
judgments or settlements.
5, 5ubJect to the above limits 0' /lability.
damages but not limits payable will be
reduced by:
a) All amounts paid by the owner or
operator 0' the uninsured or
under Insured auto or anyone else
responsible. This Includes all sums paid
under the bodily Injury liability
cover age 0' this or any polley.
b) All amounts payable under any
Personal Injury Protection, any First
Party Benelit~ Coverage and any
automobile medical payments
cover age.
Non-Duplication 0' Benefits
No Injured perlOn will recover duplicate
benelits lor the same elements 0' loss under
this or any other uninsured or underlnsured
motorists coverage Including approved plans
0' self-Insurance, First Party Bene'its Coverage
or by the Catastrophic loss Trust Fund.
It There Is Other Insurance
If the Insured person was In, on, getting Into or
out 0' a vehicle you do not own which Is
Insured 'or this coverage under another polley,
this coverage will be excess. This means that
when the Insured perlOn Is legally entitled to
recover damages In excess 0' the other polley
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limit. we will pay up to your policy limit, but
only after the other Insurance has been
exhausted
If this polley and one or more other policies
apply to a motor vehicle accident on a primary
bolsls, we will bear our proportionate share, as
It applies to the total limits available, up to the
fullUmlts of liability for this cover age under this
policy.
Proof of Claim: Medical Reports
As soon as possible. you or any other person
making claim must give us written prool o'
claim Including all details reasonably required
by us to determine the amounts payable.
The injured person may be required to take
physical examinations by physicians selected
by us. as ollen as we reasonably require. The
injured person or his representative must
authorize us to obtain medical reports and
copies of records,
Assistance and Cooperatfon of the Insured
We may require the Insured person to take
proper action to preserve all rights to recover
damages from anyone responsible for the
bodily Injury.
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Trust Agreement
When we pay any person under this coverage:
I. We are not entitled to repayment until
after the person we have paid under this
coverage has been compensated for all
damages that person was legally entitied
to recover. We are entitled to repayment of
amounts paid by us and related collection
expenses out of the proceeds of any
settlement or judgment that person
recovers from any responsible party or
Insurer.
2. All rights of recovery against any
responsible party or Insurer must be
maintained and preserved for our benefit.
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3. If we ask, Injured persons mUst take.
appropriate action In their name to recover
damages from any responsible party or
Insurer. We will select the attorney and
pay all related costs and fees, We will not
ask the Injured person to sue the Insured of
any Insolvent Insurer or any Insurer
Involved In Insolvency proceedings.
payment of Lou by Allstate
Any amount due Is payable to the Injured
person, to the parent or guardian of an injured
minor. or to the spouse of any Injured person
who dies. However, we may pay any person
lawfully entltied to recover the damages.
Action Against Allstate
No one can sue us under this cover age unless
there Is full compliance with all the terms of the
policy.
If We Cannot Agree
If the Insured person and we don't agree:
I. on that persons's right to receive damages,
or
2. on the amount of those damages,
then the disagreement may be settled by
arbitration. If both the Insured person and we
agree to settle by arbitration. arbitration will
take place as provided under the Pennsylvania
Uniform Arbitration Acts of 1927 and 1980.
The arbitrators shall be selected as follows: You
select one arbitrator and we select another. The
two arbitrators will select a third, If they can't
agree on a third arbitrator within 30 days, the
Judge of the Court of Record In the county of
Jurisdiction where arbitration Is pending will
appoint the third arbitrator.
Yo,", will pay the arbitrator you select. We will
pay the one we select. The expense of the third
arbitrator and all other expenses of arbitration
will be shared equally. A decision agreed to by
two of the three arbitrators will be binding and
may be entered as aJudgment In a proper
court.
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COVERAGE HE
Auto Fire, lightning and Tr anspollatlon
Insurance
Allstate will pay for direct and accidental Ion
to your Insured auto or a non-owned auto
due to:
I, fire or lightning,
than the dollar amount per day shown on the
declarations page. We won't pay mileage
charges.
If your Insured auto Is stolen, payment for
transportation expenses will be made under
the terms of paragraph 3. under" Additional
Payments Allstate Will Make". However, the
limits for this coverage will apply If they exc~
the limits stated under" Additional Payments
Allstate Will Make".
2. smoke or smudge due to a sudden, unusual
and faulty operation of any fixed heating
equipment serving the premises in which
the auto Is located.
If your Insured auto Is disabled by a collision or
comprehensive loss, coverage starts the day
after the loss. " It Is drive able, coverage staru
the day after the auto Is taken to the gar age
for repairs.
Coverage ends when whichever of the
following occurs first:
I. If the auto Is disabled by a collision or
comprehensive loss, completion of repairs
or replacement of the auto:
2, il the auto Is stolen. when we orter
settlement or your auto is returned to use;
or
3. stranding, sinking. burning, collision or
derailment of any conveyance In or upon
which the auto Is being transported on
land or on water,
COVERAGE HF
Auto Theft Insurance
Allstate will pay for direct and accidental loss
to your Insured auto or a non-owned auto
caused by theft or 'arceny,
COVERAGE HG
Auto Fire, Lightning. Transportation and Theft
Insurance
Allstate will pay for direct and accidental loss
to your Insured auto or a non-owned auto
caused by any peril listed under COVERAGE
HE or COVERAGE HF above.
3. thirty full days of coverage.
COVERAGE ZA
Sound System Coverage
Allstate will pay for loss to a sound system
permanently Installed In your auto by bolts.
brackets or other means, Its antennas or other
apparatus In or on your auto used specifically
with that system.
Coverage ZA applies only 'f comprehensive
Insurance is In effect under this polley. This
coverage makes sound systems. and antennas
and other apparatus used specifically with
them, Insured property under the terms of
both collision and comprehensive Insurance.
The limit of our liability Is shown on the
declarations page.
COVERAGE JJ
Towing and labor Com
Allstate will pay costs for labor done at the
Initial place of disablement of your Insured
auto or a non-owned auto. We will also pay
for towing made necessary by the
disablement. The total limit 01 our liability for
each loss Is shown on the declarations page.
COVERAGE UU
Rental Reimbursement Coverage
If you have co/llslon or comprehensive
coverage under this polley and the loss
Involves either coverage, Allstate will repay
you for your cost of renting an auto from a
rental agency or garage. We will not pay more
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COVEflAGE ZZ
Ta~ Coverage
Allstate will pay for loss to any tapes or similar
Items uSt'd wIth auto sound systems.
Coverage applies to property you or a
resIdent relative own that Is In or on your
Insured auto at the lime of loss. The total limit
of our liability for each loss Is shown on the
dt'Clarallons page.
This coverage applies only il you have
comprehensive Insurance under this polley.
Coverage ZZ makes tapes or similar Items
Insured property under your comprehensive
Insurance.
Addlllona' t>aymenu Allstate Will Make
I. Allstate will pay up to 5200 for loss of
clothing and personal luggage, including
115 contenlS, belonging to you or a
resIdent relative while It is In or upon your
Insured auto. This provision does not
apply if the Insured auto is a travel.traller.
This coverage applies only when:
.11 the loss Is caused by collision and you
have purchased collision Insurance.
bJ the entire auto is stolen, and you have
purchased comprehensive Insurance.
cJ physical damage Is done to the auto
and to the clothing and luggage
caused by earthquake, explosion,
failing objects, fire, lightning, or flood
and you have purchased
comprehensive Insurance.
2. Allstate will repay you up to 510 for the
cost of transportation from the place 01
theft of your Insured auto or disablement
of the auto to your desllnation, If
aJ the enllre auto Is stolen and you have
comprehensive Insurance under this
policy.
bJ the auto Is disabled by a collision or
comprehensive loss, and you have the
coverage under this polley applicable
to the loss.
This provision does not apply If the Insured
auto Is a travel-trailer.
3. If you have comprehensive Insurance
under this policy. Allstate will repay up to
S I 0 a day but not more than $300 for each
loss for the cost of transportation when
the entire auto Is stolen. This coverage
begins 4S hours after you report the theft
to us, and ends when we olfer senlement
or your auto Is returned to use.
4. If you have purchased collision or
comprehensive Insurance under this polley.
Allstate will pay general average and
salvage charges Imposed when your
Insured auto Is being transported.
Insured Autos
I. Any auto described on the dt'Claratlons
page. This Includes the four wheel private
passenger auto or utility auto you
replace it with If you notify Allstate
within 60 days of the replacement and pay
the additional premium. Coverage will not
continue alter 60 days If we are not
nollfied of the replacement auto.
2. An addlllonal four wheel private
passenger auto or utility auto you
bt'Come the owner of during the policy
period. This auto will be covered If
Allstate Insures all other private passenger
autos or utility autos you own. You must,
however, tell us within 60 days of
acquiring the auto. You must pay any
additional premium. Coverage will not
conllnue after 60 days If we are not
notified of the addillonal auto,
3. A substitute four wheel private passenger
auto or utility auto,not owned by you or
a resident relatlve,temporarlly uSt'd with
the permission of the owner while your
Insured auto Is being serviced or repaired,
or if your Insured auto Is stolen or
destroyed.
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4, A non-owm'" four wtl~~1 pllval~
paSl~nger aUla or utlllly aula used by
you or a resldenl relallv~ with the
owner's p~rmlsslon, This aUla mull not be
avaIlable or lurnlshed ror the regular use 01
you or any resldenl relalive.
5, A trailer while alTach~d to an Insured
aula. This lraller must be designed lor use
wllh a prlvale passenger aUla. This !railer
can'l be used lor business purposes wllh
other than a privale passenger aUla or
ullllly aula. Home. ofllce. store. display.
or passenger !rallers.lravel-lrallers or
camper units are not covered unl~ss
described on th~ declarations page,
Definitions
I. .'Allstate", "We", "Us" or "Our" means
the company named on the declaralions
page 01 the policy,
2. "AUla" means a land malar vehICle
deSigned lor use principally on public
roads,
3, "Camper UnIt" means a demountable unit
designed to be used as temporary living
quarters. Including all equipment and
accessories built Into and lorming a
permanent part 01 the unit. A camper unit
does not include:
aJ caps. tops or canopies designed lor use
as protection 01 the cargo area 01 a
ullllly aulo; or
b) radio or television antennas, awnings,
cabanas. or equipment designed to
create additional oll.highway living
lacilities.
4, "Motor Home" means a self-propelled
vehicle equipped. designed or used as a
living quarters.
5. "Res/denl" means a person who
physically resides In your household with
the Intention of continuing residence
there, Your unmarried dependent children
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while temporarily away Irom home will be
considered rtsldenu " they Intend to
resume residing In your household.
6, "Sound Synem" means any device Within
the Insured aula designed lor:
aJ voice or video transmission, or lor
voice. video or radar signal reception;
or
bJ recording or playing back recorded
material; or
cJ supplying power to cellular or similar
telephone equipment.
and which Is Installed In a location other
than the one designed by the auto's
manulacturer lor that device.
7, "Trave/.traller" means a trailer 01 the
house. cabin or camping type equipped or
used as a living quarters_
8. "Utlllly Aula" means an aula of the
plck.up body. sedan delivery or panel truck
type, This aula must have a rated load
capaCity 01 not more than 2.000 pounds,
9. "You" or "Your" means the policyholder
named on the declarations page and that
pollcyholder's resldenl spouse.
ExclusIons - Whal Is nol covered
These coverages don't apply to:
I. loss caused Intentionally by or at the
direction 01 an Insured person.
2. any aUlo used lor the transportation 01
people or property for a fee. This exclusion
does not apply to shared-expense car
pools,
3. any damage or loss resulting Irom any act
01 war, insurrection. rebellion or
revolution.
4. loss to any non-owned aula used In au,o
business operations such as repairing.
servIcing, testIng. washing. parkIng.
storing or selling of aUlas.
5. loss due to radioactive contamination.
6, damage resulting from wear and lear.
freezing. mechanical or electrical
breakdown unless the damage IS the
burning of wiling used 10 connect
elKtrlcal componenu. or the result of
other loss covered by this policy,
7. tires unless stolen or damaged by fire,
malicious mischief or vandalism, Coverage
Is provided If the damage to tires occurs at
the same time and from the same cause as
other loss covered by this policy,
S. loss to any sound system within your
auto,
Cover age under this Part also will not
apply to any apparatus In or on Ihe auto
designed for use with that system.
This exclusion will not apply If you have
purchased Coverage ZA.
9. loss to any lapes or similar items. unless
you have Coverage ZZ under this policy,
10. loss to a camper unit whelher or not
mounted. This exclusion will not apply If
the camper unit Is described on the
declarations page.
II. loss to appliances. furniture. equipment
and accessories that are not built Into or
that do not form a permanent part of a
motor home or a travel.traller.
12. loss to your motor home or your
travel-trailer while rented to anyone else
unless a specific premium is shown on the
declarations page for the rented vehicle.
Right To Appraisal
Both you and Allstate have a right to demand
an appraisal of the loss. Each will appoint and
pay a qualified appraiser. Other appraisal
expenses will be shared equally. The two
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appraisers, or aJudge of a court of record, will
choose an umpire. Each appraiser will state tile
actual cash value and the amount of loss. If
they disagree, they'll submit their differences
to the umpire. A written decision by any two
of lhese lhree persons will delermlne lhe
amount of lhe 1011,
Payment Of Loss By Allstate
Allstate may pay for the loss In money. or may
repair or replace lhe damaged or stolen
property. We may. al any time before the loss Is
paid or lhe property Is replaced, relurn at our
own expense any 1I0len property. ell her 10
you or at our opllon 10 lhe address shown on
lhe declarations page, wllh payment for any
resulting damage. We may take all or part of
the property allhe agreed or appraised value.
We may settle any claim or loss ellher with you
or the owner of the properly.
limIts Of liability
Allstate's limit of lIabillly ISlhe actual cash
value of lhe property or damaged parI of the
property at the lime of loss, The actual cash
value will be reduced by the deductible for
each coverage as shown on the declaralions
page. However, our liability will not exceed
what II would COSl to repair or replace lhe
property or part with other of like kind and
quality. The limil for loss to any covered lraller
nOl described on lhe declarations page Is $500.
An auto and anached trailer are considered
separate autos, and you must pay the
deductible, If any. on each. Only one
deductible will apply to an auto with a
mounted camper unit. If unmounted, a
separate deductible will apply to the auto and
camper unit.
If There Is Other Insurance
If there Is other insurance covering the loss at
the time of the accident, we will pay only our
share of any damages. Our share Is determined
by addinglhe limlu of this Insurance to the
limit of all other Insurance thaI applies on the
same basis and finding the percentage of the
total that our IImiu represent.
Page 19
When thIs insurance (overs a subllltUle .Iuto
or non-owned lIutO, we will pay only alter all
other collectible Insurance has been exhausted,
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When thIs Insur ance covers a replacemelll
lIutO or addlllonallluto, this policy won't
apply II you have other collectible Insurance.
When more than one coverage Is applkable to
the lon, you may recover under the broadest
coverage but not both. However. any
Coverage V. deductible will always apply.
Action Agalmt Allstate
No one may sue UI under this coverage unlen
there Is lull compliance with all the policy
terms.
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Subrogation Rlghll
When we pay, your rights 01 recovery Irom
anyone else become OUII up to the amount we
havl.' paid, You must prottclthl.'le lights and
help UI enlorce th~m.
What You Must Do" There II A LOll
I , As soon as ponlble, any person making
claim must give UI wrlllen prool 01 loss, II
must Include all details reasonably required
by UI. We have the r'ghtto InsJl<<lthe
damaged property. We may require any
person making claim to lIIe with UI a
sworn prool 01 Ion. We may also require
that person to submit to examinations
under oath,
2. Prolect the lIutO Irom further Ion. We Will
pay reasonable expenses 10 guard against
further Ion. If you don't protect the .Iuto,
further Ion Is not covered.
3. Report all Iheltlosses prompUy to the
police.
In wllnell whereof, Allstate has caused thiS policy to be signed by its Secretary and Its President
at Northbrook, Illinois, and If required by Slale law, thiS polley shall not be binding unless
countersigned on the declarations page by an authorized agent 01 Allstate.
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President,
P...r~onal Property & Casually
WHAT TO DO
IN CASE OF AN AUTO ACCIDENT
OR CLAIM
LIABILITY. . . . , . , . , . , , . . . , , . . , . . ' . . .6
FIRST PARTY BENEFITS, . . . . . ' , , , , , , , ,10
UNINSURED AND UNDERINSURED
MOTORISTS COVERAGE. ".,.... , .14
PROTECTION AGAINST lOSS TO THE
AUTO. . , . . . . . , . . . , . , , . . . . . . , . .20
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THIS ENDORSEMIiNT CHANGIiS YOUR POLICY _ KEIiP IT WITH YOUR POLICY
AlIs'8f1r
PennsylvlInla Automobile Polley Amendment
It is agreed that:
I. The GENERAl PROVISIONS section Is amended as follOws:
A, The Cancellation provision Is replaced by the fOllowing:
CanceUatlon
You may caneelthis poliCy by writing and telling us at what future date you wish
to stop coverage,
AUstate may caneel part or all of thiS POlicy by maIling notiCe to you at your last
known address, If we cancel beCause you didn't pay the premium. the date of
cancellallon will be at least 15 days after the date of mailing notice,
If we cancel for any other reason within the first 59 days of the original policy
periOd. the dale of cancellation will be at least 10 days after mailing the notice.
Otherwise. we will give you 60 days notice,
Mailing the nollce will be proof of notiCe, A refund. if due. will be proponionalto
the time your policy has been In errect. but cancellation will be erreclive even
though the refund is not made immediately.
Mer your original policy has been In effect 60 days. AUstate won't cancel your
policy prior 10 the next anniversary of lhe original errective date unless:
I. The premium Isn'l paid when due; or
2. You had your driver's liCense suspended or revoked; or
3, You concealed a material fact, or made a material misrepresentation of facI.
which if known to us would have caused us not to issue the policy,
Our right to cancellhls policy is subject to the provisions of Pennsylvania
Consolidated Statutes Secllon I 00S,3 et seq.
AU1900.3
Non-Renewa.
W. have the right to nonrenew this polley only at each anniversary of the original
effective date. If we don'tlnlend to rereN the policy. w. will mall VOIl notice
atleall 60 days before lhe nexl iIIV'I!vl:nilry dale. Ollr right 10 nonrenew this
polICy Issubjeclto lhe provisions of PelV'sylvanla Consolidaled Slalules Secllon
1008,3 elseq.
B. The following provision Is added:
(onformlt)' to State Statlltes
When any polICy provision is In conflicI with the law of lhe Ilale In whICh lhe polICy
WilS issued. lhe law of lhe Slale applies,
II. Part I, AUTOMOBilE llABllllY INSURANCE (COVERAGES M and BS)IS amended
as follows:
A. Polnl I of the "Insured Persons" prOviSIon is replaced by lhe following:
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I. While using an Insured allto:
a) YOIl.
bl My resident relillive. and
cl My olher licensed driver using il with vour permission.
B. Poinls 2 and 3 or lhe "Insured Aulas. provision are replaced by the following:
2. M additional four wheel private passenger OIl1tO or IItlllt)' OIl1tO VOIl become
lhe owner of during lhe polICy period. This OIl1tO will be covered only If we
Insure all olher privale passenger autos or IItlllt)' autos you own. YOIl
mUSl nolify us wilhin 30 days of acquiring lhe auto and pay any
addilional premium.
3. A substitute four wheel private passenger auto or utllltV auto. nOl owned by
you or a resident relative. being temporarily used wilh lhe permission of lhe -
owner while YOllr Insured auto is being serviced or repaired. or If your insured
auto Is Ilolen or deslroyed,
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C. The "Definitions" secllon is amended as fOllows:
I. Deflnillons 2 and 5 and 6 are replaCed by:
2. "Auto. means a land motor vehicle designed for use priroClpillly upon public
roads and Which is not principally used for commercial purposes other than
farming.
5. "Utility Auto" means an auto with a gross weight not exceeding 9,000
pounds. This auto muse be or the plck-up body. sedan delivery or panel
truck type and muSl not be principally used for commercial purposes other
than farming.
6. 'You" or 'Your" meilns the resident policy'10ldcr nilmed on the
declilrations page and that policyhOlder's resident spouse.
2. The following definitions ilre ildded:
"Noneconomic loss" meilns pilln ilnd surrering ilnd other nonmonetilry
detriment.
"Serfous Injury" meilns iI personilllnjury resulting In deilth. serious Impairment
of body function or permanent serious disfigurement.
D. Exclusion 6 Is deleted.
E. The "Limits of Liability" proviSion is replilced by the following:
Limits of liability
I. LimIted Tort Insurance
If the declarations page indicates you eretted limited Tort insurance for
Coverage M you or any resident reliltive may seek compensation
for economic loss sustained due to bodily Injury in a covered motor vehicle
accident. You or any resident reliltlve are precluded from maintaining an
ilction for any noneconomic loss unless the Injury sustained is a serious
Injury or the at.fault person:
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al is conVlcled 01. or accepts Acceleraled RehabilitatIVe DIspoSition lor. drrvng
under the Inllul'nCe 01 alcohol or a conlrolled substance In the aCCIdent; or
bl IS operallng a mOlor vehicle registered In another Slate; or
CI Intends to Injure himself or another person; or
dl has not maintained /lnanelal responsibility.
You or any resident re!allve otherwise bound by lhe lImlled Tort option shall
relaln lulllort rlghls Wllh respect 10 claims agalnsl a person In lhe business of
designing, manulacturing. repairing, servicing or otherwise maintaining mOlor
vehicles. Full tort rlghlS will be relained by you or any resident relallve lor
claims Involving a mOlor vehicle which has a delect caused by, or not corrected
by, an act or omission In lhe COurse 01 such a business, other than a delectln a
mOlor vehicle which Is operated by such business,
You or any resident relalive otherwise bound by lhe limited Tort option shall
relain lull ton righlS il injured While an occupant 01 a motor vehicle olher than a
private passenger mOlor vehicle.
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2. Full Tort Insurance
lithe declarations page indicates you elecled Full Tori insurance lor
Coverage M you or any resident relative may seek compensation lor
noneconomic Iou and economic lOSS sustained in a covered mOlor vehicle
accident caused by another person.
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3. The limits shown on the declarations page are the ma~lmum we will pay lor any
Single mOlor vehicle accident. The limit stated lor "each person" lor bodily Injury
applies to damages ariSing out 0/ bodily Injury sustained by one person In any
one occurrence. including damages sustained by anyone else as a resull 01 that
bodily Injury. Subjeclto the limit lor each person, the occurrence limit is our
total limit 01 IIabilily lor legal damages lor bodily Injury sUSlalned by two or
more persons in any one occurrence. For property damage, the limit applies to
legal damages arising Irom each occurrence.
The liability limits apply to each insured auto as stated on the declarations page,
The Insuring 01 more than one person or auto under lhis POliCY will nol
Increase our liability limits beyond lhe amounlshown lor anyone auto. even
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though a separate premium IS clwged lor eolCh auto, The IImllS also won't be
Increased If you have other aulO iI'lsurance pollcle1thal apply.
M auto and allached trailer are considered one auto. Also. an auto and a
mounted camper unit, topper. cap or canopy are considered one auto,
If a single 'each occurrence" IImllls Slated on the dl!Clarallons page lor
Automobile Liability Insurance, thiS limit will be the maximum amount 01
Allstate's liability lor bodily Injury and property damage arising out 01 any
one occurrence.
III. Part 2, FIRST PARTY BENEFITS COVERAGE (COVERAGES CC. CF. WI, VM and CElis
amended as lollows:
A. Exclusion (aIls replaced by the lollowlng:
(al any person who. althe time 01 the acCident.
(11 IS the owner 01 one or more regiStered motor vehicles lor whiCh Financial
Responsibility is not provided: or
121 Is occupying or Is muck by a motor vehicle owned by thaI person lor
which Financial Responsibility is nOI prOVided,
B. Exclusion (glls deleted.
rII, Part 3. UNINSURED AND UNDERINSURED MOTORISTS INSURANCE ICOVERAGE SSlls
replaced by the lollowlng:
UNINSURED MOTORISTS INSURANCE
COVERAGE S5
If a limit 01 liability Is shown on your declarations page lor Uninsured MOlorlsts
Insurance-Coverage SS. we will pay damages to an insured person lor bodily Injury
which an Insured person Is legally entilled to recover from the owner or operator 01 an
uninsured auto. Bodily Injury must be caused by aCCident and arise out 01 the
ownership. maintenance or use 01 an uninsured auto, We will nOI pay any punitive or
exemplary damages. No Judgment lor damages arising out 01 a suit brought againstlhe
owner or operator 01 an uninsured auto is binding on us.
5
Insured Persons
These pellonS are Insured under Coverage SS:
I. You and any resident relative.
2. I'vly other person while In. on. getting Into or out 01 your Insured auto wllh your
permission. and
3. My other person who is legally entitled to recover because of bodily Injury to
you. a resident rel,nlve. or an occupant of your Insured auto with
your permission.
An Insured auto I. a motor vehicle:
I. Described on the declarations page. This includes the motor vehIcle you replace
it with.
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2. You acquire ownership of during the policy period, This additional motor vehicle
will be covered if Allstate Insures all other private passenger motor vehIcle. you
own. You mUll. however. nollly AJlsute within 30 days alter you acquire the
motor vehicle and pay any addltiOl1ClI premium.
3. Not owned by you or a resident relallve il being temporarily used while your
insured auto Is being serviced or repaired. or il your insured auto is stolen or
destroyed. The motor vehicle mUll be used with !he ownefs permission. It can't
be furnished for the regular use 01 you or any re.ldent relative.
4. Not owned by you or a resident relative. being operated by you with the
permission of the owner. This auto must not be available or furnished for the regular
use 01 an Insured person,
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5. Not made available for public hire by an insured person.
An uninsured auto Is:
1. A motor vehicle which has no bodily injury liability bond or Insurance policy in
effect at the lime of the accident.
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2. ^ motor vehIcle lor v.t1lch \he Insurer denies coverage. becomes insalvenl. or Is
Involved In Insolvency proceedings.
3. ^ hit.and.r\Xl motor vehIcle v.t1lCh CilUses bodily InJury 10 an Insured person as
lhe result of a motor vehkle accident The Idenllly of ellher lhe operalor or owner
muSl be unknown. The accldl'l11 mUSI be reponed 10 the police or proper
governmental aulhority as soon as pracllcable. W. muSl be nolilied within 30 days.
Illhe Insured person was occupyinglhe vehicle allhe lime 01 lhe accldenl. we
have a rig hi 10 Inspect It. lithe hil.and-run motor vehicle caused the injury
without phySical contact with the insured person or the vehicle the insured person
was occupying. the lacts 01 the accident muSl be verilled by a disinterested wilness.
An untnsured auto Is not:
1. M underinsured auto.
2. ^ motor vehicle insured lor bodily injury liability under Pan' 01 this policy,
3. ^ motor vehicle owned by any lederal. \lale or Iocill government or agency.
4. A motor vehicle owned by. lurnished or available lor Ihe regular use 01 you or
any resident relaUve.
5. A motor vehicle Ihat is la'o\lfully sell.insured.
Definitions
1. "Allstate." 'We." "Us" or "Our" means lhe company named on lhe declarallons
page 01 the policy.
2. "Sodllylnjury" means bodily injury. sickness. disease or death.
3. "Motor Vehicle" means illand mOlor vehicle or allilched lrililer other than:
al a vehicle or other equipment designed lor use princ,pillly art publiC rOilds. or
bl a vehicle operaled on rails or crawler.lreilds. or
cl a vehicle when used as a reSidence or premises,
7
II.
bl "each accidenr is the maximum that we will pay for damages ariSing OUI 01
bodily Injury to two or more persons in anyone motor vehIcle acCident
When the 11m III 01 two or more InlUred autos are stacked, lUbJectlo the limil for
"each penon", our maximum limit 01 liability lor damages 10 two or more persons in
any one accident IS the sum 01 the "each accldenr limits lor each Insured auto
shown on the declaraUons page.
4. When the limits or two or mOre Insured autos may not be stacked:
If the declarations page Indlcales you did nol elect 10 Slack IimlU for two or more
Insured aUlOs together under Coverage 55. lhe following Limits or Liability apply.
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The Coverage 55 limit shown on the declarations page for:
al "each person" IS the maximum lllilt we wlli pay for damages ariSing OUl of
bodily Injury 10 one person In anyone motor vehicle accident, Including
damagessuslalned by anyone else as a result of lhal bodily Injury,
bJ .each accident. ISlhe maximum thaI we will pay for damages arising out of
bOdily Injury to two or more persons in anyone motor vehicle accldenl.
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These limits are the maximum Allstate wili pay for anyone motor vehIcle
accident regardless of the number of:
a, claims made;
b) vehicles or persons shown on the declarations page; or
cJ vehicles Involved In the aCcident.
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5. If bodily Injury Is Sustained in a mOlor vehicle accident by any person olher than
you or a resIdent relative, our maximum Iimil of liability is the limit of liability
shown on the declaraUons page appliCable to the vehicle the Insured penon was
occupying at the lime of the motor vehicle accidenl. This Is the most we will pay
regardless of the number of:
al claims made;
bJ vehicles or persons shown on the declarallons page; or
cl vehicles Involved in lhe mOlor vehiCle accident;
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If There Is Other Insurance
1. When the limits of two or more Insured autos may be stacked:
II the Insured person was in, on, gelling Into or oul 01 a vehicle you do nOI own
which Is Insured for this coverage under another polley, this coverage will be excess.
lhis means that when the Insured person Is legally entitled to re<:over damages in
excess of the other POliCY limit, we will pay up to your poliCy limit, but only alter all
other collectible insurance has been exhausted.
whether the declclratlons Pclge indiCateS Slacking or non-Slacking 01 limits. lhe
Coverage SS-Unlnsured Motorists Insurance limllS apply to each Insured motor
vehicle as Shown on the de<:laratlons page.
6. Subject to the above limits of liability, damages but not IImilS payable will be
reduced by:
al All amounlS paid by the owner or operator 01 the uninsured auto or anyone else
responsible. this Includes all sums paid under the bodily injury liability coverage
of this or any other policy.
bl A1lamounu paid or payable under any Personal Injury Protcction. any First Party
Benelits Coverage, any automobile medical payments coverage and any other
sources of benefits specified under section t722 01 Title 7S 01 the Pennsylvania
Consolidated Statutes,
Non.Dupllcatlon of Benefits
No injured person will re<:over duplicate benelits for the same clements 01 loss under
this or any other uninsured motorim coverage Including approved plans 01 sell.
Insurance or First Party Benefits Coverage,
II more than one polley applies to the mOlor vehiCle accident on a primary basis. we
will bear our proportionate share. as .1 applies to the total limits available. up to the
full limits of liability lor this coverage under this polICy.
2. When limits of two or more Insured autos may not be stacked:
lithe Insured person was in. on. gelling into or out 01 a vehicle you do nOI own
which Is Insured lor this coverage under another policy. this coverage will be excess.
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the third arbitrator and all other expenses Will be shared equally. ^ decision agreed to
by two 01 the three arbllrators will be blnclnll and may be entered as a )udgmentln a
proper court.
We do not agree 10 arbitrate any claims lor bad lallh. Iraud, mlsrepresentallon, punitive
or exemplary damages. allomey lees or Interelt.
UNDERIN~URED MOTORISTS INSURANCE
COVERAGESU
II a limit 01 liability II shown on your declarationl P'lge lor Underinsured MOlorilts
Insurance-Coverage SUo we will pay damagelto an insured perlon lor bodily Injury
which an insured perlon Is legally entitled to recover Irom the owner or operalor of an
underlnsured auto Bodily Injury mUlt be cauled by accident and arile out of Ihe
ownerlhip, malnlenance or use 01 an underonlured iluto, We will not pay any punitive
or exemplary damages,
No judgment for damilges ariling out of a lUll broughl agilinstthe owner or operator of
an underinsured auto is binding on us unlell:
I, We received realonilble notice 01 the pendency of the suit resulting in the
judgmenl; ilnd
2. We had a reasonilble opportunity to protect our interem In the suit.
Insured Persons
These persons are Insured under Coverage SU:
1. You and ilny resident relative,
2. MY olher person while In, on, gelling rllo or OUI of your Insured iluto with your
permission, and
3. MY other perlon who is legillly entitled 10 recover beCilule 01 bodily Injury 10
you, a resident reliltive. or an occupant of your inlured auto wllh
your permillion.
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Denn \lIons
I. "A1lsUte: We: "Us" or "Our" means the company named on the declarallons
page 01 \he policy.
2. "BOdily Injury" means bodily Injury. Sickness. disease or death.
3. "Motor Vehicle" means a land motor IlehICIe or allached trailer other than:
al a vehicle or other equipment designed lor use principally oil publiC roads. or
bl a vehicle operated on rails or crawler.treads. or
cl a vehicle when used as a residence or premises.
4. "NoneconomIc Loss" means pain and suffering and other nonmonetary
detriment.
5. "Resident" means a person who physically resides In your household with the
lntenllon 01 continuing residence there. Your unmarried dependent children
temporarily hving away Irom home will be considered residents il they intend to
resume residing In your household.
6. 'Serious Injury' means a personill injury resulllng In deilth. serious Impairment 01
body lunctlon or permanent serious dlsrlguremenl.
7. "You" or 'Your" means the resident policyholder named on the declilriltlons pilge
and thilt pollcyholde(s resident spouse.
Exclusions-What Is not covered
Allstate will not pay ilny damages iln Insured person is legally enlllled to recover
because 01:
1. bodily Injury to any person who makes a selllement without our wrlllen consent.
il such agreement adversely allects our rights,
2. bodily Injury. il the pilyment would directly or Indirectly benellt ilny workers
compensallon or diSilbllily benefits insurer. including a self.lnsurer.
3. bodily Injury while In. on. gelling Into or out 01. or when struck by an
underlnsured motor vehicle owned by you or a resident relallve.
16
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LimIts 0' Llabllltr
I. LImIted Tort Insurance
II \he declarations page indicates ~ou elected Umlted Tort Insurance lor
Coverage SUo you or any resident relative may seek compensation lor economic
loss sustained due to bodll~ Injury in a covered motor vehicle accident. You or
any resident relative are precluded Irom maintaining an action lor any
noneconomic loss unless the Injury Sustained Is a serious Injury or the at.lault
person:
al Is convicted 01. or accepts Accelerated Rehabilitative Disposition lor. driving
under \he Innuence 01 alcohol or a ContrOlled substance in the accident; or
b) Is operating a motor vehicle registered in another stale; or
cl Intends to Injure himself or another person.
You or any resident relative otherwise bound by the limited Ton option shall
relaln full ton rights with respect to claims against a person In the bUSiness 01
designing. manulacturlng. repairing. serviCing or otherwise maintaining motor
vehicles. Full ton rights will be retained by you or any resident relative lor claims
Involving a motor vehicle which has a delecl caused by. or not correcled by. an
act or omission in the course of such a business. olher than a defect In a motor
vehIcle which Is operated by such business.
You or any resident relative otherwise bound by the limited Ton option shall
retain full ton rights il Injured while an occupant 01 a motor vehicle other than a
private passenger motor vehicle.
Whenever the at.lault person has not maintained financial responSibility. you or a
resident relative cannot maintain an aclion lor noneconomic loss lor bodily
Injury unless one of the above conditions are met.
2. Full Tort Insurance
lithe declarations page indicates you elected Full Tort Insurance for Coverage SUo
you or any resident relative may seek compensation for noneconomic loss
and economic loss sustained in a covered motor vehicle accident caused by
another person.
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Non-Duplication of 8ene",1
No Injured person will recover duplICate benefits for the same elements of lOSS under
this or any other under Insured motor 1m coverage InCluding approved plans of self-
Insurance or First Party eenenu Coverage.
" There II Other Insurance
t. When the IImltl of twO or more Insured autos may be stacked:
lIthe Insured person was In. on. gelling Into or out 01 a vehkle you do not own
which Is Insured lor this coverage under another poliCY. this coverage will be excess,
ll1ls means that when the Insured person Is legally entitled to recover damages In
excess 01 the other polley limit. we will pay up to your policy limit. bUt only aller all
other collectible Insurance has been exhausted,
11 more than one polley applies to the accident on a primary basiS. we will bear our
proportionate share. as it applieS to the tOlallimiU available. up to the lulllimils of
liability lor thiS coverage under lhls polkY.
2. When limits of twO or more Insured autoS may not be stacked:
If the Insured person was In. on. gelling into or out 01 a vehicle you do not own
which Is Insured lor this coverage under another poliCY. thiS coverage will be excess,
ll1ls means that when the Insured person Is legally entitled to recover damages in
excess 01 the other policy limit, we will pay up to your policy limit. but only aller all
other collectible Insurance haS been exhausted.
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II more than one policy applieS to the accident on a primary basiS. the total benefits
payable to any one person will not exceed the maximum benefits payable by the
polky with the highest limit lor underinsured motorists benelllS. We will bear our
proportiOnate share. as it appl!eS to the total limits available. up to the lulllimiU of
liability lor this coverage under this polkY, ll1ls applieS no maller hOW many autoS
or auto pelkleS may be Involved whether wrillen by Allstate or not,
Proof of Claim; Medical Reports
As soon as possible. you or any other person making claim must give us wrlllen
prool 01 claim Including ali details reasonably required by us to determine the
amounts payable.
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The Injured person may be required 10 lake physical examNllons by phySicians selecled
by UI. as olten as we reasonably require. ll1C Injured person or his represenlallve must
authorize UI 10 oblilln medICal reports and copieS 01 records.
AssIstance and CooperatIon 0' the Insured
We may require the Insured penon 10 lake proper acllOn to preserve all rlghls 10 recover
damages Irom anyone relponllble lor \hi! bodily Injury. Nt Inlured person musl all IS!
"sin securing evidence, obtaining wilnellel and in conducting lulU. This Includes
submll\lng 10 signed slalemenls and dllclOllng all lacll.
Trust Agreement
When we pay any person under thll coverage:
I. We are nol enlllled 10 repaymenl unlll alter Ihe person we hilve paid under Ihls
coverage hils been compensaled lor all damagellhal person was legally entllled 10
recover. We are entllled to repaymenl of amounll paid by us and relaled collection
e~penles oul of the proceedS of any seUlemenl or judgmenllhal person recovers
from any relponsible party or Insurer.
2. All rlghls of recovery agalnsl any relponslble party or insurer must be maintained
and prelerved for ou r benefit,
3. II we ask. injured persons musllake appropriale aCliOn in Iheir names 10 recover
damages from any responsible party or Insurer. We will selecl \he allorney and pay
all relaled cosu and lees. We will not alk the Injured perlon 10 sue \he Inlured 01
any Insolvenllnsurer or any Insurer involved In Insolvency proceedingl.
Payment 0' LoIS by Allstate
Nty amounl due is payable 10 Ihe Injured person, 10 lhe parenl or guardian 01 an
Injured minor, or to Ihe spoule 01 any Injured person whO dies. However, we may pay
any person lawfully entilled 10 recover Ihe damagel,
Action Against Allstate
No one can sue us under IhlS coverage unless \here Is full compliance wllh alllhe lennl
ollhe policy.
21
2. An additional four wheel private passenger auto or utility auto you become
the owner of during the policy period. This auto will be covered if Allstate
Insures all other private passenger autos or utility autos you own. You must,
hOwever, tell us within 30 days of acquiring the auto. You must pay any
additional premium. Coverage will not continue after 30 days If we are not
notified of the additIOnal auto.
B. Definitions 2, Sand 9 are replaced by the following:
2. "Auto" means a land motor vehicle designed ror use principally on public roads
and which Is not principally used ror commercial purposes other than farming.
S. .Utlllty Auto. means an auto with a gross vehicle weight not exceeding
9.000 pounds. This auto must be of the plck-up body, sedan delivery or panel
truck type and mUlt not be principally used for commercial purposes other
than farming.
9. "You. or "Your" means the resident policyholder named on the declarations
page and that policyholders resident spouse.
23
Certificate of Service
AND NOW, this 13th day of March, 1995, I hereby certify that
I have served the foregoing Answer on the following by depositing
a true and correct copy of same in the United States mails, postage
prepaid, addressed to:
Harvey Freedenberg, Esquire
McNees, Wallace & Nurick
P.O. Box 1166
Harrisburg, PA 1710S-1166
Stephen E. Geduldig, Esquire
Thomas, Thomas & Hafer
P.O. Box 999
Harrisburg, PA 1710S
Archie V. Diveglia, Esquire
Diveglia & Kaylor, P.C.
119 Locust Street
Harrisburg, PA 17101
~~~O ~. N~~
es G. Nealon, III, Esquire
G,\DATA\JGN\00012\9598\41189.1
KYONG KENAWELL,
Plaintiff
.
.
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.
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VB.,
NO. ~fS-7!)D
EQUITY
1995
ALLSTATE INSURANCE CO.,
SEARS ROEBUCK AND COMPANY
and ROL-AWAY TRUCK MANU-
FACTURING 'COMPANY, INC.,
Defendant
CIVIL ACTION - EQUITY
: ACTION FOR DECLARATORY JUDGEMENT
PRAECIPE TO THE PROTHONOTARY
Please discontinue the above captioned matter.
Respectfully submitted,
DIVEGLIA and KAYLOR, P.C.
DATED: /()-r'i - ~r
CeLt!
By:
Archie V. Diveg~i , Esquire
Attorney I.D'#t1 0
119 Locust Str et
Harrisburg, Pe ylvania 17101
(717) 236-59S5
Attorney for Plaintiff
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