This Automobile Club Inter-Insurance Exchange policy along
with the Declarations, the Application for Insurance and other endorsements,
if any, is your complete and valid car insurance contract.
If you have an accident or loss, no matter how slight,
always report it to the Company as soon as possible. For additional information,
see Part G - Duties After an Accident or Loss in this policy.
AUTOMOBILE CLUB INTER-INSURANCE EXCHANGE
DECLARATIONS (Continued from Declarations Certificate)
1. The policy period is as shown under "Policy Period"
and for such succeeding period of six months thereafter as the required
renewal premium is paid by you. The policy period will begin and
end at 12:01 A.M., at your address stated in the Declarations.
The premium shown is for the policy period and coverages indicated in
the Declarations.
2. Your covered autos are and will be garaged at the address
stated in the Declarations.
3. Your covered autos are owned solely by you; each of
yourcovered autos has been paid for and is not mortgaged,
except where a lienholder is indicated in the Declarations.
If your covered auto is mortgaged, any loss under
"Coverage for Damage to Your Auto" is payable as interests may
appear on the Declarations Certificate to you and the lienholder
named therein. This is in accordance with the terms of the Loss Payable
Agreement which appears in the Declarations.
AGREEMENT
Subscribers at the Automobile Club Inter-Insurance
Exchange do severally agree to insure you, the subscriber named
in the Declarations, based on the statements contained in your
application, the payment of a premium deposit and subject to the limit
of liability, conditions and other terms of this policy.
We will insure you for the coverages and the
limits of liability for which a premium is shown in the Declarations.
By acceptance of this policy, you agree that the
statements in your application are your statements and are
true. We insure you on the basis that your statements
are true and this policy contains all of the agreements between you
and us or any of our agents relating to this insurance.
We agree with you as follows:
DEFINITIONS
When used in bold throughout this policy, the following
words or phrases have the following meaning:
In this policy "you" or "your"
refers to the "named insured" shown in the Declarations
and the spouse, if domiciled in the same household. "We",
"us" or "our" refers to the Automobile
Club Inter-Insurance Exchange.
For purposes of this policy, a private passengerauto shall be deemed to be owned by a person if leased:
a. Under a written agreement to that person; and
b. For a continuous period of at least 6 months.
In addition, certain words and phrases are defined as follows:
1. "Auto" means a land motor vehicle with four or
more wheels which is designed for and licensed for use on public roads.
It does not include:
a. Any vehicle while located for use as a dwelling
or other premises; or
b. A truck-tractor designed to pull a trailer or semi-trailer.
2. "Bodily injury" means bodily harm,
sickness or disease, including death that results.
3. "Household member" means a person who is
domiciled in your household.
4. "Non-owned auto" means an auto not:
a. owned by;
b. registered in the name of; or
c. furnished or available for the regular use of; you or a household member.
The use has to be within the scope of consent of the owner.
A temporary substitute auto is not considered a non-owned auto.
5. "Occupying" means in, upon, getting in, on, out
or off.
6. "Person" means a living human being.
7. "Private passenger auto" means an auto:
a. with four wheels,
b. of the private passenger type, and
c. designed solely to carry persons and their luggage.
8. "Property damage" means physical
injury to, destruction of or loss of use of tangible property.
9. "Temporary substitute auto" means an auto or
trailer not owned by you, if it replaces your covered
auto for a short time. Its use has to be with the consent of the owner.
Your covered auto has to be out of use due to its breakdown, repair,
servicing, damage or loss. A temporary substitute auto is not considered
a non-owned auto. 10. "Trailer" means a vehicle designed to be pulled
by a:
a. Private passenger auto; or
b. Pickup truck or van; or
c. A truck with a load capacity of 2 tons or less.
It also means a farm wagon or farm implement while towed
by a vehicle listed in a., b. or c. above.
11. "Your Covered Auto" means:
a. Any auto described in the declarations
page and any auto you permanently replace it with. You
must notify us of a replacement vehicle within 30 days of its
acquisition and pay the appropriate premium only if you wish
to add or continue coverage for damage to yourauto.
b. Any additional auto which you acquire ownership
of during the policy period provided we insure all autos
that you own. You must notify us within 30 days
of its acquisition and pay the premium for coverage to apply.
c. Any traileryou own. (Auto Damage Coverage does
not apply until you have notified us and a premium is
paid for the coverage.)
d. Any temporary substitute auto.
Insuring Agreement Subject to the Exclusions, we will pay damages for bodily
injury or property damage for which any covered person becomes
legally responsible because of an auto accident. We will
settle or defend, as we consider appropriate, any claim or suit
asking for these damages. In addition to our limit of liability,
we will pay all defense costs we incur. Our duty
to settle or defend ends when our limit of liability for this coverage
has been exhausted. We have no duty to defend any suit or settle
any claim for bodily injury or property damage not covered
under this policy.
"Covered person" as used in this Part means:
1. You or any household member for the
ownership, maintenance or use of any auto or trailer.
2. Any person other than those identified in paragraph 1 using
your covered auto with your permission. The limits
of liability for this person shall be equal to minimum limits of
liability specified by the financial responsibility law of the state in
which the accident occurs.
3. For your covered auto, any person or organization
but only with respect to legal responsibility for acts or omissions of
a person for whom coverage is afforded under this Part. The limits
of liability for this person shall be equal to minimum limits of
liability specified by the financial responsibility law of the state in
which the accident occurs.
4. For any auto or trailer, other than your covered
auto, any person or organization but only with respect to legal
responsibility for acts or omissions of you or any household
member for whom coverage is afforded under this Part. This provision
applies only if the person or organization does not own or hire
the auto or trailer. The limits of liability for this person
or organization shall be equal to minimum limits of liability specified
by the financial responsibility law of the state in which the accident
occurs.
Supplementary Payments In addition to our limit of liability, we will pay on
behalf of a covered person:
1. Up to $300 for the cost of bail bonds required because
of an accident, including related traffic law violations. The accident
must result in bodily injury or property damage covered
under this policy.
2. Premiums on appeal bonds and bonds to release attachments in any
suit we defend.
3. Prejudgment interest awarded against the covered person on
that part of the judgment we pay. If we make an offer to
pay our limit of liability, we will not pay any prejudgment
interest based on that period of time after the offer.
4. Interest on all damages owed by a covered person as a result
of a judgment in any suit we defend. Our duty to pay interest
ends when we offer to pay that part of the judgment which does
not exceed our limit of liability for this coverage.
5. Up to $200 a day for loss of net earnings, but not other income,
because of attendance at hearings or trials at our request.
6. Other reasonable expenses incurred at our request.
7. NAMED INSURED’S SPECIAL BENEFIT - This coverage applies only to
you, the named insured. If Liability Coverage is afforded by this
policy, we will pay the principal sum of $5,000, if you,
while driving your covered auto, are killed instantly or are injured
and die within thirty days from the date of such injury, as a direct result
of collision or upset of such auto, provided that such death
is caused solely through external, violent and accidental means.
The special benefit of $5,000 will be increased to $15,000
if, at the time of the accident, you were using the vehicle’s complete
restraint system.
If the deceased insured is survived by a spouse who was
domiciled in the same household at the time of the accident, we
will pay the death benefit to such spouse. If the deceased insured was
an unmarried minor, we will pay the death benefit to either parent,
whowas domiciled in the same household at the time of the accident.
Otherwise, we will pay the death benefit to the deceased insured’s
estate.
We have the right to request an autopsy where it
is not forbidden by law.
Exclusions We do not provide Liability Coverage for any person:
1. Whointentionally causes bodily injury or
property damage.
2. For damage to property owned or being transported by that person.
3. For damage to property:
a. rented to;
b. used by; or
c. in the charge of;
that person.
This exclusion does not apply to damage to:
a. a rented residence or rented private garage; or
b. any of the following type vehicles not owned by
or furnished or available for the regular use of you or
any household member:
(1) private passenger autos or
(2) trailers; or
c. any auto loaned to you by a person,
firm or corporation engaged in the business of selling, repairing
or servicing motor vehicles while such auto is being used by
any covered person:
(1) for demonstration purposes; or
(2) as a temporary substitute auto.
4. For bodily injury to an employee of that person while
engaged in employment or while engaged in the operation, maintenance or
repair of any motor vehicle. This exclusion does not apply to bodily
injury to a domestic employee unless workers’ compensation benefits
are available for that domestic employee.
5. For that person’s liability arising out of
the ownership or operation of a vehicle while it is being used to carry
persons, property or food for a fee or compensation. This exclusion
does not apply to a share-the-expense car pool or charitable delivery.
6. While employed or otherwise engaged in the business or occupation
of:
a. selling;
b. repairing;
c. servicing;
d. storing; or
e. parking;
vehicles designed for use mainly on public highways.
This includes road testing and delivery. This exclusion does not apply
to ownership, maintenance or use of your covered auto by:
c. any partner, agent or employee of you or
any household member.
7. Maintaining or using any vehicle while that person
is employed or otherwise engaged in any business or occupation not described
in Exclusion 6. This exclusion does not apply to the maintenance or use
of a:
a. private passenger auto;
b. pickup truck or van that you own; or
c. trailer used with a vehicle described
in a. or b.
above.
8. Using a vehicle without the express or implied consent
of the owner.
9. For bodily injury or property damage for
which that person:
a. is an insured under a nuclear energy liability
policy; or
b. would be an insured under a nuclear energy liability
policy but for its termination upon exhaustion of its limit of liability.
A nuclear energy liability policy is a policy issued by
any of the following or their successors:
a. Nuclear Energy Liability Insurance Association;
b. Mutual Atomic Energy Liability Underwriters; or
c. Nuclear Insurance Association of Canada
10. For the liability imposed for punitivedamages
or exemplarydamages, except in cases involving wrongful
death. And wrongful death punitivedamages will only be
covered up to the statutorily prescribed minimum liability coverage. Punitive
damages are amounts of money awarded or imposed to punish or to make
an example of a wrongdoer.
For bodily injury to you or any person
domiciled in your household.
Sustained while operating or occupying a vehicle
in any prearranged or organized racing or speed contest or in practice
or preparation for any such contest.
While an auto is being driven by any person
under the age limit fixed by law to legally operate an auto.
For any damages for which the United States government
might be liable for that person’s use of the vehicle.
For liability assumed by any insured under any contract
or agreement.
a. Any motorized vehicle having less than four
wheels.
b. Any vehicle, other than your covered auto,
which is:
(1) owned by you; or
(2) furnished or available for your regular use.
c. Any vehicle, other than your covered auto,
which is:
(1) owned by any household member; or
(2) furnished or available for the regular
use of any household member.
However, this exclusion does not apply to your
maintenance or use of any vehicle which is:
(1) owned by a household member;
or
(2) furnished or available for the regular
use of a household member.
For bodilyinjury or property
damage caused by the dumping, discharge or escape of irritants,
pollutants or contaminants; however, this exclusion does not apply
if the discharge is sudden and accidental.
For bodily injury to any fellow employee
of the
insured arising out of and in the course of such employee's employment.
For bodily injury or property damage resulting from
the handling of property:
a. before it is moved from the place where it is accepted
by the insured for movement into or onto the covered auto; or
b. after it is moved from your covered auto to the
place where it is finally delivered by the insured.
For bodily injury or property damage
resulting from the movement of property by a mechanical device,
other than a hand truck, not attached to your covered auto.
While committing a felony or while seeking to elude
lawful apprehension or arrest for a felony by a law enforcement
official.
Sustained by any person while not in lawful
possession or voluntarily occupying a motor vehicle knowing
it is stolen.
Limit of Liability The limit of liability shown in the Declarations for "each
person" forBodily Injury Liability is our maximum
limit of liability for all damages, including damages for care, loss
of consortium and loss of services, arising out of and due to bodily
injury to any one person, in any one auto accident.
The limit of liability shown in the Declarations
for "each accident" for Bodily Injury Liability
is our maximum limit of liability for all damages, including damages
for care, loss of consortium and loss of services, arising out of and
due to bodily injury to any number of persons, resulting
from any one auto accident. This is the most we will pay
regardless of the number of:
1. Covered persons; 2. Claims made;
3. Vehicles or premiums shown in the Declarations;
4. Policies issued to you by us; or
5. Vehicles involved in the auto accident.
The limit of liability shown in the Declarations for "each
accident" for Property Damage Liability is our maximum limit
of liability for all damages to all property resulting from any one auto
accident. This is the most we will pay regardless of the number
of:
1. Covered persons; 2. Claims made;
3. Vehicles or premiums shown in the Declarations;
4. Policies issued to you by us, or
5. Vehicles involved in the auto accident.
No one will be entitled to duplicate payments for the same
elements of damages.
An auto and attached trailer are considered
1 auto. Therefore, the limits of liability will not be increased
for an accident involving an auto which has an attached
trailer.
Out of State Coverage If an auto accident to which this policy applies occurs in
any state or province other than the one in which your covered auto
is principally garaged, your policy for that accident will
provide as follows:
If the state or province has:
1. A financial responsibility or similar law specifying
limits of liability for bodily injury or property damage higher
than the limit shown in the Declarations, your policy will provide
the higher specified limit.
2. A compulsory insurance or similar law requiring a
nonresident to maintain insurance whenever the nonresident uses a vehicle
in that state or province, your
policy will provide at least the required minimum amounts
and types of coverage.
Financial Responsibility Required
When this policy is certified as future proof of financial
responsibility, this policy shall comply with the law to the extent required.
Other Insurance
If there is other applicable liability insurance, we
will pay only our share of the loss. Our share is the
proportion that our limit of liability bears to the total of all
applicable limits. However, any insurance we provide for a vehicle
you do not own shall be excess over any other insurance unless
such vehicle is loaned to you by a person, firm or corporation
engaged in the business of selling, repairing or servicing motor vehicles
and such vehicle is used by any covered person:
1. for demonstration purposes; or
2. as a temporary substitutefor your covered
auto which is out of normal use because of its breakdown, repair,
servicing, or loss or destruction.
PART B - EXCESS MEDICAL PAYMENTS COVERAGE
Insuring Agreement
Subject to the Exclusions, if you pay a premium for
this coverage, we will pay reasonable expenses incurred for necessary
medical and funeral services because of bodily injury:
1. Caused by accident; and
2. Sustained by a covered person.
However, we will pay only those expenses that are
not covered under any medical or health insurance. The expenses must be
incurred within 1 year from the date of the accident. The bodily injury
must be discovered and treatment must begin within 1 year of the date
of the accident.
We reserve the right to review or have reviewed all
medical expenses for reasonableness or necessity.
a motor vehicle designed for use mainly on public roads
or a trailer of any type.
2. Any other person while occupying your covered
auto.
"Pedestrian" as used in this Part means
a person not an occupant of a motor vehicle or trailer.
Exclusions
We do not provide Excess Medical Payments Coverage
for any person for bodily injury:
1. Sustained while occupying any motorized vehicle
having less than four wheels.
2. Sustained while occupying your covered auto
when it is being used to carry persons, property or food for a
fee or compensation. This exclusion does not apply to a share-the-expense
car pool or charitable delivery.
3. Sustained while occupying any vehicle located
for use as a residence or premises.
4. Occurring during the course of employment if workers’
compensation benefits are available for the bodily injury.
5. Sustained while occupying or when struck by
any vehicle other than your covered auto which is:
a. owned by you; or
b. furnished or available for your
regular use.
6. Sustained while occupying or when struck by
any vehicle other than your covered auto which is:
a. owned by any household member;
or
b. furnished or available for the regular
use of any household member.
However, this exclusion does not apply to you.
7. Sustained while occupying a vehicle without
the express or implied consent of the owner.
8. Sustained while occupying a vehicle when it
is being used in the business or occupation of a covered person.
This exclusion does not apply to bodily injury sustained while
occupying a:
a. private passenger auto;
b. pickup truck or van that you own; or
c. trailer used with a vehicle described
in a. or b. above.
a. discharge of a nuclear weapon (even
if accidental);
b. war (declared or undeclared);
c. civil war;
d. insurrection; or
e. rebellion or revolution.
10. From or as a consequence of the following, whether
controlled or uncontrolled or however caused:
a. nuclear reaction;
b. radiation; or
c. radioactive contamination.
11. Sustained while operating or occupying a vehicle
in any prearranged or organized racing or speed contest or in practice
or preparation for any such contest.
12. Caused by any person driving your covered
auto who intentionally causes a collision, or intentionally attempts
to cause injury to himself, herself or others.
13. While committing a felony or while seeking to elude
lawful apprehension or arrest for a felony by a law enforcement official.
14. Sustained by any person while not in lawful
possession or voluntarily occupying a motor vehicle knowing it
is stolen.
15. Who receives experimental treatment (not commonly recognized),
acupuncture or thermography.
Limit of Liability
There shall be no stacking of Excess Medical Payment Coverage.
The limit of liability shown in the Declarations for this coverage is
our maximum limit of liability for "each person" injured
in any one accident. This is the most we will pay regardless of
the number of:
1. Covered persons;
Claims made;
3. Vehicles or premiums shown in the Declarations;
4. Policies issued to you by us; or
5. Vehicles involved in the accident.
Any amounts otherwise payable for expenses under this coverage
shall reduce any amounts paid or payable for the same expenses under Part
A or Part C.
No one will be entitled to duplicate payments for the same
elements of loss under this coverage and Part A or Part C of this policy.
If the amount shown in the Declarations for this coverage
is $5,000 or more, the most we will pay for funeral services is
$5,000 per person.
Other Insurance
We will not be liable under this policy for any medical
expense paid or payable, other than Medicare, under the provision of any:
1. Health Maintenance Organization or Preferred Provider
Organization.
2. individual, blanket, or group accident, disability
or hospitalization plans.
3. medical, surgical, hospital or funeral services, benefit
or reimbursement plans.
4. workers’ compensation or disability benefits law or
any similar law; or
5. any health insurance policy.
If there is any other applicable automobile medical payments
insurance (except excess medical payments insurance or Medicare), we
will pay only that which is in excess of the amount eligible for payment
by any other insurance. If there is other applicable excess medical payments
insurance, we will pay only our share of the loss. Our
share is the proportion that our limit of liability bears to the
total of all applicable limits. However, any insurance we provide
with respect to a vehicle you do not own shall be excess over any
other collectable auto insurance providing payments for medical
or funeral expenses.
PART C – UNINSURED MOTORIST COVERAGE (INCLUDES UNDER-
INSURED MOTORIST COVERAGE)
Insuring Agreement
Subject to the Exclusions, if you pay a premium for
this coverage, we will pay damages which a covered person
is legally entitled to recover from the owner or operator of an uninsured
motor vehicle to the extent that the owner or operator is liable because
of bodily injury sustained by a covered person and caused
by an accident.
The owner’s or operator’s liability for these damages must
arise out of the ownership, maintenance or use of the uninsured motor
vehicle.
No judgment for damages arising out of a suit brought against
the owner or operator of an uninsured motorvehicle is binding
on us unless we:
1. Received reasonable notice of the pendency of the
suit resulting in judgment; and
2. Had a reasonable opportunity to protect our interests in the suit.
However, if reasonable notice has not been given to us,
we have the option to accept the judgment in the suit as binding
on us.
"Covered person" as used in this Part means:
1. You or any household member.
2. Any other person occupying your covered auto.
3. Any person for damages that person is
entitled to recover, because of bodily injury to which this coverage
applies, sustained by a person described in 1. or 2. above.
"Uninsured motor vehicle" means a land
motor vehicle or trailer of any type:
To which no bodily injuryliability bond or
policy applies at the time of the accident.
To which a bodily injury liability bond or policy
applies at the time of the accident. In this case its limit for bodily
injury liability must be less than the minimum limit for bodily injury
liability specified by the financial responsibility law of Alabama.
For which the sum of the limits of liability under
all bodily injury liability bonds or policies applicable at the time
of the accident is not enough to pay the full amount the insured
is legally entitled to recover as damages. In this case the applicable
limits for bodily injury liability must be equal to or greater than
the minimum limit for bodily injury liability specified by the financial
responsibility law of Alabama.
Which is a hit and run vehicle whose operator or owner
cannot be identified and which hits or which causes an accident resulting
in bodily injury without hitting:
a. You or any household member.
b. A vehicle which you or any household
member
are occupying; or
policy applies at the time of the accident but the bonding
or insuring company becomes insolvent after the policy is issued.
However, uninsured motor vehicle does not include
any vehicle or equipment:
Owned by or furnished or available for the regular
use of you or any household member unless there is no
liability coverage available under any policy other than this policy
to respond for damages sustained by you or any householdmember.
Owned or operated by a self-insurer under any applicable
motor vehicle law, except a self-insurer which is or becomes insolvent.
3. Operated on rails or crawler treads.
Designed mainly for use off public roads while not
on public roads.
While located for use as a residence or premises.
Which is a farm tractor or farm equipment while not
on public roads.
Which is a trailer, railroad engine, railroad
car, motorized bicycle, golf cart, off-road recreational vehicle,
snowmobile, fork lift, aircraft, construction equipment, or mobile
home, or
Which is a farm tractor or other vehicle designed
and principally used for agricultural purposes.
Exclusions
We do not provide Uninsured Motorist Coverage for
bodily injury sustained by any person:
While occupying, or when struck by, any motor
vehicle owned by you or any household member which is
not insured for this coverage under this policy. This includes a trailer
of any type used with that vehicle.
Who is a household member while occupying
or when struck by, any motor vehicle you own which is insured
for this coverage on a primary basis under any other policy.
If that person or the legal representative
settles the bodily injury claim without our written
consent. However, this Exclusion (3) does not apply to Section 3.
of the definition of uninsured motor vehicle.
When your covered auto is being used to carry
persons, property or food for a fee or compensation. This exclusion
does not apply to a share-the-expense car pool or charitable delivery.
Where the injury or death is caused by anything specially
excluded from coverage under this policy.
Using a vehicle without the express or implied consent
of the owner.
While operating a motor vehicle while his or her license
is suspended, revoked, or never issued.
8. Occupying or operating vehicles, including trailers,
owned by you and not insured under this policy.
9. Where any employee, officer, director, partner, trustee, member,
executor, administrator, or beneficiary of the named insured, or any
relative of any such person is operating or occupying
a motor vehicle, other than the vehicle listed on the policy.
Not insured under this policy.
This coverage shall not apply directly or indirectly to
benefit any insurer or self-insurer under any of the following or similar
law:
a. workers’ compensation law; or
b. disability benefits law.
Limit of Liability
Except as provided in B. below:
When there is only one insuredvehicle:
a. The limit of liability for Uninsured Motorist
Coverage stated in the Declarations for each person is our maximum limit of liability for all
damages, including damages for care, loss of
consortium, loss of services or death, arising out
of bodily injury sustained by any one person in
any one accident; and
b. Subject to this limit for each person, the limit
of liability for Uninsured Motorist Coverage
stated in the Declarations for each accident is our
maximum limit of liability for all damages,
including damages for care, loss of consortium,
loss of services or death, arising out of bodily injury resulting from any one accident;
and
When there is more than one insured vehicle:
a. And the insured was occupyingyour covered
auto at the time of the accident:
(1) The limit of liability for Uninsured
Motorist Coverage stated in the Declarations
for each person applicable to that your
covered auto, plus the sum of the highest
limits of liability for Uninsured Motorist
Coverage stated in the Declarations for each person applicable to any other of your
covered autos up to a maximum
of two additional limits, is our maximum
limit of liability for all damages, including
damages for care, loss of consortium, loss of
services or death, arising out of bodily injury sustained by any one person in any one
accident; and
(2) Subject to this limit for each person the
limit of liability for Uninsured Motorist
Coverage stated in the Declarations for each
accident applicable to that your covered
auto, plus the sum of the highest limits of
liability for Uninsured Motorist Coverage
stated in the Declarations for each accident
applicable to any other of your covered
autos up to a maximum of two additional
limits, is our maximum of liability for all
damages, including damages for care, loss of
consortium, loss of services or death, arising
out of bodilyinjury resulting from any one
accident.
b. And the insured was not occupying one of your covered autos at the time of the accident:
(1) The sum of the highest limits of liability
for Uninsured Motorist Coverage stated in
the Declarations for each person applicable
to any of yourcovered autos up to a
maximum of three limits, is our maximum
limit of liability for all damages, including
damages for care, loss of consortium and loss
of services or death, arising out of bodily
injury sustained by one person in any one
accident; and
(2) Subject to this limit for each person, the
sum of the highest limits of liability for
Uninsured Motorist Coverage stated in the
Declarations for each accident applicable to
any of your covered autos up to a maximum
of three limits, is our maximum limit of
liability for all damages, including damages
for care, loss of consortium, loss of services
or death, arising out of bodilyinjury
resulting from any one accident
This is the most we will pay regardless of the
number
of:
1. Covered persons;
2. Claims made;
3. Vehicles or premiums shown in the Declarations;
or
4. Vehicles involved in the accident.
If Uninsured Motorist Coverage is payable because
liability coverage under any policy other than this policy is excluded
for damages sustained by you or any household member:
1. When there is only one insured vehicle:
a. That part of the limit of liability for Uninsured
Motorist Coverage stated in the Declarations for
each person that does not exceed the limits
specified in the Alabama Motor Vehicle Safety
Responsibility Act, is our maximum limit
liability for all damages, including damages for
care, loss of consortium and loss of services or
death, arising out of bodily injury sustained by
any one person in any one accident; and
b. Subject to this limit for each person, that part
of the limit of liability for Uninsured Motorist
Coverage stated in the Declarations for each
accident that does not exceed the limits specified
in Alabama Motor Vehicle Safety Responsibility
Act, is our maximum limit of liability for all
damages, including damages for care, loss of
consortium, loss of services or death, arising out
of bodilyinjury resulting from any one accident;
and
2. When there is more than one insured vehicle:
a. The sum of that part of the limit of liability
for Uninsured Motorist Coverage stated in the
Declarations for each person applicable to
of your covered autos that does not exceed
the limit specified in the Alabama Motor
Vehicle Safety Responsibility Act up to a
maximum of three limits, is our maximum limit
of liability for all damages, including damages
for care, loss of consortium and loss of services
or death, arising out of bodily injury sustained
by any one person in any one accident; and
b. Subject to this limit for each person, the sum
of that part of the limit of liability for Uninsured
Motorist Coverage stated in the Declarations for
each accident applicable to any of your
covered autos that does not exceed the limits
specified in the Alabama Motor Vehicle Safety
Responsibility Act up to a maximum of three
limits, is our maximum of liability for all
damages including damages for care, loss of
consortium, loss of services or death, arising
out of bodilyinjury resulting from any one
accident.
This is the most we will pay regardless of the
number of:
1. Covered persons;
2. Claims made;
3. Vehicles or premiums shown in the Declarations;
or
4. Vehicles involved in the accident.
There shall be no stacking Uninsured Motorist Coverage,
including Underinsured Motorist Coverage, within any one policy other
than provided in paragraph A. and B. above.
No one will be entitled to receive duplicate payments for
the same elements of loss under this coverage and Part A or Part B of
this policy.
We will not make a duplicate payment under this coverage
for any element of loss for which payment has been made by or on behalf
of persons or organizations who may be legally responsible.
With respect to Section 3. of the definition of uninsured motor vehicle, we will reduce the insureds total damages
by any amount available to that insured, under any bodily injury liability
bonds or policies applicable to the uninsured motor vehicle, that
such insured did not recover as a result of a settlement between that
insured and the insurer of an uninsured motor vehicle. However,
any reduction of the insured's total damages will not reduce the limit
of liability for this coverage. This paragraph shall not apply if we
advance payment to the insured in an amount
equal to the tentative settlement with the insurer of the
uninsured motor vehicle.
We will not pay for any element of loss if a person
is entitled to receive payment for the same element of loss under any
of the following or similar law:
a. worker’s compensation law; or
b. disability benefits law.
Other Insurance
If there is other applicable similar insurance, we
will pay only our share of the loss. Our share is the proportion
that our limit of liability bears to the total of all applicable
limits. However, any insurance we provide with respect to a vehicle
you do not own shall be excess over any other collectable insurance.
ARBITRATION
A. THE ARBITRATION PROVISION WILL NOT APPLY IF LEGAL
ACTION HAS BEEN COMMENCED BY THE INSURED AGAINST THE OWNER OR OPERATOR
OF AN "UNINSURED MOTOR VEHICLE".
B. THE ARBITRATION PROVISION APPLIES AS FOLLOWS:
1. IF "WE" AND AN INSURED DO
NOT AGREE:
(a) WHETHER THAT INSURED
IS LEGALLY ENTITLED TO
RECOVER DAMAGES; OR
(b) AS TO THE AMOUNT OF
DAMAGES WHICH ARE
RECOVERABLE BY THAT
INSURED;
FROM THE OWNER OR OPERATOR
OF AN "UNINSURED MOTOR
VEHICLE", THEN THE MATTER MAY
BE ARBITRATED. HOWEVER,
DISPUTES CONCERNING COVERAGE
UNDER THIS PART MAY NOT BE
ARBITRATED.
BOTH PARTIES MUST AGREE TO
ARBITRATION. IF SO AGREED,
EACH PARTY WILL SELECT AN
ARBITRATOR. THE TWO
ARBITRATORS WILL SELECT A
THIRD. IF THEY CANNOT AGREE
WITHIN 30 DAYS, EITHER MAY
REQUEST THAT SELECTION BE
MADE BY A JUDGE OF A COURT
HAVING JURISDICTION.
THE ARBITRATION PROCEEDINGS
SHALL COMMENCE WITHIN ONE
YEAR AFTER THE DATE BOTH
PARTIES AGREE TO SETTLE A
DISPUTE BY ARBITRATION.
2. EACH PARTY WILL:
(a) PAY THE EXPENSES IT
INCURS; AND
(b) BEAR THE EXPENSES OF THE
THIRD ARBITRATOR EQUALLY.
3. UNLESS BOTH PARTIES AGREE
OTHERWISE, ARBITRATION WILL
TAKE PLACE IN THE COUNTY IN
WHICH THE INSURED LIVES.
LOCAL RULES OF LAW AS TO
PROCEDURE AND EVIDENCE WILL
APPLY. A DECISION AGREED TO BY
TWO OF THE ARBITRATORS WILL
BE BINDING AS TO:
(a) WHETHER THE INSURED IS
LEGALLY ENTITLED TO
RECOVER DAMAGES; AND
(b) THE AMOUNT OF DAMAGES.
THIS APPLIES ONLY IF THE
AMOUNT DOES NOT EXCEED THE
MINIMUM LIMIT FOR "BODILY
INJURY" SPECIFIED BY THE
FINANCIAL RESPONSIBILITY
LAW OF ALABAMA. IF THE
AMOUNT EXCEEDS THAT LIMIT,
EITHER PARTY MAY DEMAND
THE RIGHT TO A TRIAL. THIS
DEMAND MUST BE MADE WITHIN 60 DAYS OF THE ARBITRATORS'
DECISION. IF THIS DEMAND IS
NOT MADE, THE AMOUNT OF
DAMAGES AGREED TO BY THE
ARBITRATORS WILL BE BINDING.
Legal Action Against Us Any suit or action against us for the damages which a covered
person is legally entitled to recover from the owner or operator of
an uninsured motor vehicle or underinsured motor vehicle will be
barred unless commenced within two years after the date of the accident.
PART D - COVERAGE FOR DAMAGE TO YOUR AUTO
Insuring Agreement Subject to the Exclusions, if you pay a premium for this coverage,
we will pay for direct and accidental loss to your covered auto
or a non-owned auto, including its equipment, minus any applicable
deductible amount for coverages shown in the Declarations for Collision
coverage and/or Comprehensive coverage. If the loss is caused by
collision with another auto insured by us,you
do not pay your deductible, if it is $250 or less.
"Collision" means the upset, or impact
with another object of your covered auto or a non-owned auto.
"Comprehensive" means direct and accidental
loss to your covered auto or a non-owned auto, except loss
caused by collision. Loss caused by the following
are considered Comprehensive not Collision:
1. Missiles or falling objects;
2. Fire;
3. Theft or larceny;
4. Explosion or earthquake;
5. Windstorm;
6. Hail, water or flood;
7. Malicious mischief or vandalism;
8. Riot or civil commotion;
9. Contact with bird or animal; or
Breakage of glass.
If breakage of glass is caused by a collision,
you may elect to have it considered a loss caused by collision.
"Non-owned auto" means a private passenger
auto operated by you or a household member not:
1. owned by;
2. registered in the name of; or
3. furnished or available for the regular use of;
you or a household member.
A temporary substitute auto is not considered a non-owned
auto.
Clothes and Luggage
We will pay for loss to clothes and luggage owned
by you or a household member. These items have to be in
or on your covered auto or non-owned auto. The loss has
to be caused by fire, lightning, flood, falling objects, explosion or
earthquake; or theft of the entire auto; or by collision.
We will pay up to $200 for loss to clothes and luggage
after the applicable deductible shown in the Declarations. $200 is the
most we will pay in any one occurrence even though more than one
person has a loss. This coverage is excess over any other coverage.
Limited Insurance for Loss to Tapes or Discs
We agree to pay for the direct and accidental loss
for up to 10 tapes or discs used with sound reproduction equipment. This
coverage applies only if the tapes or discs are:
Policy deductibles do not apply to the loss of tapes or
discs. All other terms of the policy relating to the limit of liability
and to payment of loss under Coverage for Damage to YourAuto apply.
Our limit of liability for all loss covered by this policy as the
result of any one occurrence shall not exceed 10 tapes or discs, to a
maximum of $200.
Limited Insurance for Loss to Camper Shells We agree to pay for the direct and accidental loss to a camper
shell to a maximum of $500. This limitation does not apply if the camper
shell has been disclosed and any necessary premium has been paid. The
camper shell must be on your covered auto at the time of loss.
Transportation Expenses We will reimburse you up to $30 per day, to a maximum
of $750, for transportation expenses incurred by you when you
rent an auto of equivalent type from a car rental agency or garage.
This applies only in the event of the total theft of your covered auto.
We will pay only transportation expenses incurred during the period:
1. Beginning immediately after the theft has been reported
to us and to the police; and
2. Ending when your covered auto is returned to use, replaced
or five days after our offer to pay for its loss, whichever comes
first.
Exclusions We will not pay for:
1. Loss to your covered auto or a non-owned
auto which occurs while it is used to carry persons, property
or food for a fee or compensation. This exclusion does not apply to a
share-the-expense car pool or charitable delivery.
2. Damage due and confined to:
a. wear, tear and deterioration;
b. freezing;
c. mechanical or electrical breakdown or failure, other
than burning of wiring; or
d. road damage to tires.
This exclusion does not apply if the damage results from
the total theft of your covered auto or a non-owned auto.
b. discharge of any nuclear weapon (even if accidental);
c. war (declared or undeclared);
d. civil war;
e. insurrection; or
f. rebellion or revolution.
4. Loss to equipment designed for the reproduction of
sound. This exclusion does not apply if the equipment is permanently
installed in your covered auto in the opening of the dash or
console designed for the installation of such equipment and was offered
as original manufacturers equipment. This exclusion does not apply if
the equipment has been declared and any necessary premium has been paid.
"Permanently installed" means installed
in such a way as to require the use of hand tools to remove.
5. Loss to records or other devices for use with equipment
designed for the reproduction of sound.
6. Loss to a trailer not shown in the Declarations.
This exclusion does not apply to a traileryou:
a. acquire during the policy period; and
b. ask us to insure within 30 days after
you become the owner.
7. Loss to equipment, accessories or property which are
not built into and forms a permanent part of your covered auto,
a motor home, camper body or trailer, including but not limited
to:
This exclusion does not apply if the equipment is permanently
installed in the opening of the dash or console designed for the installation
of such equipment.
"Permanently installed" means installed
in such a way as to require the use of hand tools to remove.
9. Loss to any custom furnishings or equipment in or
upon any pickup truck, van or covered auto. Custom furnishings
or equipment include but are not limited to:
a. special carpeting and insulation, furniture, bars or television
receivers;
b. facilities for cooking and sleeping;
c. height-extending roofs;
d. custom paint jobs, custom murals, paintings,
decals, wheels, tires or graphics; or
e. camper bodies, deck spoilers or other body modifications.
This exclusion does not apply if the equipment or furnishings
have been declared and any necessary premium has been paid.
10. Loss to your covered auto or a non-owned
auto while being operated in any prearranged or organized racing or
speed contest or in practice or preparation for any such contest.
11. Any loss to your covered auto or a non-owned
auto arising out of or during its use for the transportation of any:
a. explosive substance;
b. flammable liquid; or
c. similar hazardous materials;
except transportation incidental to your ordinary
household or farm activities.
12. Loss caused by rain, sleet, or snow whether or not
wind driven, except by collision.
13. Loss to any non-owned auto when used by you
or any household member without the consent of the owner.
Limit of Liability
Our limit of liability for loss will be the lesser
of the:
1. Actual cash value of the stolen or damaged property;
or
2. Amount necessary to repair or replace the property.
We may require or specify the use of motor vehicle parts not made
by the original manufacturer.
If a repair or replacement results in better than like kind
or quality, we will not pay for the amount of the betterment.
Our liability will not include diminution of value.
There shall be no duplication of benefits or recoveries under Part A and
this Part.
In addition, with respect to a non-owned auto:
1. Any amounts otherwise payable for damages under this
coverage shall be reduced by all sums paid because of the damages to the
non-owned auto by or on behalf of the persons or organizations
who may be legally responsible. This includes all sums paid under Part
A.
2. Any payment under this coverage will reduce any amount
that person is entitled to recover for the same damages under Part
A.
Payment of Loss
We may make payment for a loss to you or to
the owner of the property. Payment for a loss is required only if you
have fully complied with this contract.
No Benefit To Bailee
This insurance shall not directly or indirectly benefit
any carrier or other bailee for hire.
Other Insurance
1. With respect to your covered auto:
If other insurance also covers the loss, we will
pay only our share of the loss. Our share is the proportion
that our limit of liability bears to the total of all applicable
limits.
2. With respect to a non-owned auto or a temporarysubstitute auto:
Any insurance we provide for a vehicle you
do not own shall be excess over any other collectable insurance.
Appraisal
If we and you do not agree on the amount of
loss, either may request an appraisal of the loss. In this event, each
party will select a competent appraiser. The two appraisers will select
an umpire. The appraisers will state separately the actual cash valueand the amount of loss. If they fail to agree, they will submit their
differences to the umpire. A decision agreed to by any two will be binding.
Each party will:
1. Pay its chosen appraiser; and
2. Bear the expenses of the appraisal and umpire equally.
We do
not waive any of our rights under this policy by agreeing to an
appraisal.
PART E - RENTAL
REIMBURSEMENT
Insuring
Agreement
If you pay
a premium for Rental Reimbursement, we will reimburse you
up to the limit shown in the Declarations, when you rent a car
of equivalent type from a car rental agency or garage due to a loss to
your covered auto covered by this policy, starting:
1. when it cannot
run due to the loss; or
2. if it can
run, when you leave it at the shop for agreed repairs;
and ending when:
1. it has been
repaired or replaced; or
2. we
offer to pay for the loss;
whichever comes
first.
Any car rental payable
under this coverage is reduced to the extent it is payable under Part
D - Coverage for Damage to YourAuto.
PART F - ACCIDENTAL
DEATH, DISMEMBERMENT
Insuring Agreement
Subject to the Exclusions,
if you pay a premium for this coverage, we will pay the
amount shown in the Schedule of Benefits that applies for death or loss
caused by accident to an insured. The death or loss must
be the direct result of the accident and not due to any other cause. The
death or loss must occur within 90 days of the accident. The insured
has to be occupyingyour covered auto or be struck by a
land motor vehicle or trailer.
Insured -
Under this coverage, means you or a household member.
1. An insured while on the job or operating, occupying,
loading or unloading:
a. an emergency vehicle; or
b. a vehicle used in the insured’s business
or job.
But, 1.b. does not apply if the vehicle is:
a. a private passenger auto or
b. of the pick-up or van type, while not used in
business.
2. An insured while occupying any vehicle
while being used in a race or speed contest, or in practice or preparation
for such contest.
3. The death of or loss to an insured due
to:
a. disease, except pus-forming infection due to
bodily injury received in the accident; or
b. suicide or to any attempt thereat, or any intentionally
inflicted injury; or
c. war of any kind, be it declared or undeclared,
or insurrection or rebellion.
Limit of Liability
The most we will pay because of the death of, or
loss to, the insured is shown in the Declarations. If the
insured dies as a result of the accident, any amount we
pay for dismemberment or loss of sight shall apply to reduce any amount
which is payable as a Death Benefit. Payment of the Death Benefit shall
end all our obligation under this coverage. The application of
this policy to more than one auto shall not increase our
liability as described in this coverage.
hands;
feet; sight of eyes;
one hand and one foot;
or one hand or one foot
and sight of one eye
$5,000
$10,000
one
hand or one foot; or
sight of one eye
$2,500
$5,000
thumb
and finger on one hand;
or three
fingers
$1,500
$3,000
any
two fingers
$1,000
$2,000
Payment of Benefits
We will pay any amount due:
1. to the insured;
2. to a parent or guardian, if the insured is
a minor or an incompetent person;
3. to the surviving spouse; or
4. at our option, to any person or organization
authorized by law to receive such payment.
We are not responsible for the way the money is used.
We have the right to have an autopsy made where it
is not forbidden by law.
PART G - DUTIES AFTER AN ACCIDENT OR LOSS
General Duties
We must be notified promptly of how, when and where
the accident or loss happened. Notice should also include the names and
addresses of any injured persons and of any witnesses.
A person seeking any coverage under this policy must:
1. Cooperate with us in the investigation, settlement
or defense of any claim or suit.
2. Promptly send us copies of any notices or legal
papers received in connection with the accident or loss.
3. Submit, as often as we reasonably require,
to physical and/or mental exams by physicians we select. We
will pay for these exams.
b. other pertinent records, including employment
and tax records.
5. Submit a proof of loss when required by us.
6. Submit to examination(s) under oath, as reasonably
required by us, as often as we may reasonably require.
7. Attend hearings and trials and testifying as required.
Additional Duties for Uninsured Motorist Coverage
(includes Underinsured Motorist Coverage)
A person seeking Uninsured Motorist Coverage (includes
Underinsured Motorist Coverage) must also:
1. Within 24 hours, notify the police if a hit and run
driver is involved.
2. Immediately send us copies of the legal papers
if a suit is brought.
3. Take such action as may be necessary or appropriate
to preserve the right to recover damages from any person or organization
alleged to be legally responsible for the bodily injury.
4. Join the person or organization alleged to
be legally responsible for the bodily injury as a party defendant
in any legal action against us, when requested by us.
5. Under Section 3. of the definition of uninsured motorvehicle, must also promptly notify us in writing of a tentative
settlement between the insured and the insurer of the uninsured motor
vehicle and allow us 30 days to advance payment to that insured
in an amount equal to the tentative settlement to preserve our
rights against the insurer, owner or operator of such uninsured motorvehicle. Such written notice shall include:
1. Written documentation of pecuniary loss, including
copies of all medical bills;
2. Written authorization for us to obtain medical
and employment records from all medical providers and employers; and
3. Written confirmation from the other driver’s liability
insurer as to the amount of the other driver’s liability limits and the
terms of the tentative agreement, which shall not include any component
sum representing punitive or exemplary damages.
Additional Duties for Coverage for Damage to Your Auto
A person seeking Coverage for Damage to Your Auto
must also:
1. Take reasonable steps after loss to protect your
covered auto or a non-owned auto and its equipment from further
loss. We will pay reasonable expenses incurred to do this.
2. Within 24 hours, notify the police if your covered
auto or a non-owned auto is stolen or vandalized.
3. Permit us to inspect and appraise the damaged
property before its repair or disposal.
PART H - GENERAL PROVISIONS
Bankruptcy
Bankruptcy or insolvency of the covered person shall
not relieve us of any obligations under this policy.
Changes
This policy contains all the agreements between you
and us. Its terms may not be changed or waived except by endorsement
issued by us. If a change requires a premium adjustment, we
will adjust the premium as of the effective date of change.
We may revise this policy form to provide more coverage
without additional premium charge. If we do this your policy
will automatically provide the additional coverage as of the date the
revision is effective in your state.
Fraud and Misrepresentation
This policy shall be void if you or any insured
person or anyone acting on your behalf has concealed or misrepresented
any material fact, or in any case of any fraud or attempted fraud touching
any matter regarding this policy, whether before or after a loss, or at
the time of the application for the policy.
Legal Action Against Us
No legal action may be brought against us until there
has been full compliance with all the terms of this policy.
No person or organization has any right under this
policy to bring us into any action to determine the liability of
a covered person.
If we change this policy with respect to policy revisions,
endorsements or rules so the insurance could be extended or broadened
without additional premium, this policy will be extended or broadened
as of the date we make the change effective.
Notice
Your notice to our authorized agent shall
be deemed to be notice to us.
Notice to any agent or knowledge possessed by any agent
or other person shall not change or effect a waiver on any portion
of the policy nor stop us from exerting any of our rights
under this policy. This policy can only be changed by an endorsement we
issue which is signed by our authorized representative.
Our Right to Recover Payment
1. If we make a payment under this policy and
the person to or for whom payment was made has a right to recover
damages from another, we shall be subrogated to that right. That
person shall do:
a. whatever is necessary to enable us to exercise
our rights; and
b. nothing after loss to prejudice our rights.
However, our rights do not apply under Paragraph
1 above with respect to coverage under Section 3. of the definition of
uninsured motor vehicle for Uninsured Motorist Coverage if we:
a. have been given prompt written notice of both
a tentative settlement, between an insured and the insurer of an uninsured
motor vehicle and certification of the liability coverage limits
of the owner or operator of an uninsured motor vehicle; and
b. fail to advance payment to the insured
in an
amount equal to the tentative settlement within 30 days
after receipt of notification.
If we advance payment to the insured in an amount
equal to the tentative settlement within 30 days after receipt of notification:
(2) if notice is mailed during the first 60 days
this policy is in effect and this is not a renewal or continuation
policy; or
b. at least 30 days notice in all other cases.
3. After this policy is in effect for 60 days, or if
this is a renewal or continuation policy, we will cancel only:
a. For nonpayment of premium.
b. If the policy was obtained through a material
misrepresentation.
c. If you or any household member violate
any of
the terms and conditions of the policy.
d. If you fail to disclose fully your
motor vehicle
accidents and moving traffic violations for the
preceding 36 months if called for in the
application.
e. If you fail to disclose in your
written application
or in response to inquiry by your broker, or by the
insurer or its agent information necessary for the
acceptance or proper rating of the risk.
f. If you or any householdmember
made a false or fraudulent claim or knowingly aided or abetted
another in the presentation of such a claim.
g. For failure to maintain membership in any group
or organization when such membership is a
prerequisite to the purchase of such insurance.
h. If you or any household member
or any operator who customarily operates an auto insured under
such policy:
(1) Has within the 36 months prior to the notice
of cancellation had your or their driver's license
under suspension or revocation.
(2) Is, or becomes, subject to epilepsy or heart attacks, and
such individual does not produce a certificate from a physician testifying
to your or their unqualified ability to operate a motor vehicle
safely.
(3) Has an accident record, conviction record
(criminal or traffic), physical, mental or other
condition which is such that your or their
operation of an auto might endanger the public
safety.
(4) Has within the 36 months prior to the
notice
of cancellation been addicted to the use of
narcotics or other drugs.
(6) Has been convicted or forfeited bail during
the 36 months immediately preceding the notice
of cancellations for:
(a) any felony,
(b) criminal negligence resulting in
death,
homicide or assault arising out of the
operation of a motor vehicle,
(c) operating a motor vehicle while
in an
intoxicated condition or while under the
influence of drugs,
(d) being intoxicated while in, or about,
an auto or while having custody of an auto,
(e) leaving the scene of an accident without
stopping to report,
(f) theft or unlawful taking of a motor
vehicle, or
(g) making false statements in an application
for a driver's license
(7) Has been convicted of or forfeited bail
for
three or more violations, within the 36 months
immediately preceding the notice of cancellation,
of any law, ordinance or regulation limiting the
speed of motor vehicle laws of any state, violation of which
constitutes a misdemeanor, whether or
not the violations were repetitions of the same
offense or different offenses.
i. If the insured auto is:
(1) So mechanically defective that its operation
might endanger public safety.
(2) Used in carrying passengers for hire
or
compensation; provided, however, that the use of
an auto for a car pool shall not be considered use
of an auto for hire or compensation.
(3) Used in business of transportation of
flammables or explosives.
(4) An authorized emergency vehicle.
(5) Changed in shape or condition during
the
policy period so as to increase the risk
substantially.
(6) Subject to an inspection law and
has not
been inspected or, if inspected, has failed to
qualify.
Nonrenewal. If we decide not to renew or
continue this policy, we will mail notice by United States post
office certificate of mailing, to you at the latest address filed
with
us by you or on your behalf. Notice
will be mailed at least 30 days before the end of the policy period.
Automatic Termination. If we offer to renew
or continue and you or your representative do not accept,
this policy will automatically terminate at the end of the current policy
period. Failure to pay the required renewal or continuation premium when
due shall mean that you have not accepted our offer.
If you obtain other insurance on your covered
auto, any similar insurance provided by this policy will terminate
as to that auto on the effective date of the other insurance.
Other Termination Provisions
1. Proof of mailing of any notice shall be sufficient
proof of notice.
2. If this policy is cancelled, you may be entitled
to a premium refund. If so, we will send you the refund.
The premium refund, if any, will be computed according to our manuals.
However, making or offering to make the refund is not a condition of cancellation.
3. The effective date of cancellation stated in the notice
shall become the end of the policy period.
Terms of Policy Conformed to Statute
Terms of this policy which are in conflict with the statutes
of the State of Alabama are hereby amended to conform to such statutes.
Transfer of Your Interest in this Policy
Your rights and duties under this policy may not
be assigned without our written consent. However, if a named insured
shown in the Declarations dies, coverage will be provided for:
1. The surviving spouse if domiciled in the same household
at the time of death. Coverage applies to the spouse as if a named insured
shown in the Declarations; or
2. The legal representative of the deceased person
as if a named insured shown in the Declarations. This applies only with
respect to the representative’s legal responsibility to maintain or use
yourcovered auto.
Coverage will only be provided until the end of the policy
period.
If this policy and any other auto insurance policy
issued to you by us apply to the same accident, the maximum
limit of our liability under all the policies shall not exceed
the highest applicable limit of liability under any one policy.
However:
1. This provision does not apply to Uninsured
Motorist Coverage.
2. No one will be entitled to receive duplicate
payments for the same elements of loss under
Uninsured Motorist Coverage.