FCIC Mav IL DB
FCIC Mav IL DB
FCIC Mav IL DB
ILLINOIS
Personal Auto Insurance Policy
NOTICE: This policy has been issued in reliance of the statements in the application for insurance which is attached
hereto and is made part hereof. Read it Carefully and notify the Company immediately (through your producer) of
any misinformation or changes that may occur.
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FIRST CHICAGO INSURANCE COMPANY
MAVERICK AUTO PROGRAM
ILLINOIS PERSONAL AUTO INSURANCE POLICY
INTRODUCTION
This policy has been issued in reliance upon the statements in the application, which is made part of this policy. Read the entire policy carefully as well as any enclosures
or attachments. Immediately notify the Company of any misinformation or changes.
ALL COVERAGES DESCRIBED IN THIS POLICY MAY NOT APPLY. Refer to the Declarations to determine which coverages apply to which motor vehicles. Coverage
A through J apply only when both a limit and a premium amount appear in the Declarations for the particular coverage and the particular motor vehicle.
AGREEMENT
In return for payment of the premium and subject to all the terms of this policy and applicable endorsements, we agree with you as follows:
DEFINITIONS
Throughout this policy the words you and your refer to the person or persons appearing in the Declarations as the “Named Insured” and that person’s spouse or party
to a civil union recognized under Illinois law if a resident of the same household. We, us and our refer to First Chicago Insurance Company, which is providing the
insurance. Other words and phrases are defined. The specific definitions are intended only when a word or phrase appears in bold face italics. Definitions that differ by
Coverage Part are listed within each Part.
Actual cash value means the amount which it would cost to repair or replace damaged property with material of like kind and quality, less allowance for physical
deterioration and depreciation.
Additional auto means an auto you acquire that is in addition to any auto shown in the Declarations, if:
(a) the auto is acquired during the policy period; and
(b) no other insurance policy provides coverage for the auto; and
(c) you ask us to insure the auto within 30 days after you become the owner of the auto; and
(d) we insure all autos in your household
An additional auto will have the broadest coverage we provide for any auto shown in the Declarations.
Auto and automobile means a four wheeled private passenger, station wagon, sports utility or jeep type vehicle; or a truck, pick-up truck, window van or panel van with
a load capacity of less than 2,000 pounds not used for business or commercial purposes, principally designed and licensed for use on paved public streets and highways.
Auto business means the business or occupation of selling, renting, leasing,repairing, servicing, storing or parking motor vehicles.
Bodily injury means damage to the human body and sickness, disease or death which results from the injury. Bodily injury also includes loss of services by others
due to that injury.
Collision means an instance of an insured auto striking, or being struck by, another object or person with a vehicle or by upset of such insured auto.
Delivery Related Business the use of auto to carry anything for compensation or consideration of any type. This includes, but is not limited to, transportation network
application or companies including but not limited to UberEATS, GrubHub, and Amazon Flex or delivery services. This includes any time when the insured is logged into
a transportation digital network regardless of whether the insured is engaged in a prearranged ride. This also includes Logistic Companies. This definition does not include
shared expense carpools.
Equipment means accessories and items available from the manufacturer of your particular make, model and model year of motor vehicle and installed by the
manufacturer.
Forcible entry means unauthorized entry by actual force and violence evidenced by visible damage to or on the ignition, ignition lock or steering lock which result in
defeating the vehicle ignition.
Hit-and-run motor vehicle means a vehicle that causes bodily injury to an insured person or property damage to an owned auto arising out of direct physical
contact of such vehicle with the insured person or with a motor vehicle that the insured person is occupying at the time of the accident, provided the identity of
neither the operator nor the owner of the hit-and-run motor vehicle can be ascertained. The insured person must undertake reasonable efforts to ascertain the identity
of the operator or owner of the hit-and-run motor vehicle.
Loss of service means loss of material services, financial support, companionship,felicity and sexual intercourse.
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Motor vehicle means a four wheeled:
(a) private passenger automobile, station wagon or jeep-type land vehicle, or
(b) van, or truck of the panel or pickup type, not used for business or commercial purposes with a gross vehicle weight of less than 10,000 pounds, licensed and
registered for use on public roads.
Named Insured means only the person specifically shown on the Declarations as the “Named Insured” and does not include any other person, even if such person is
shown on the Declarations or application for coverage as an insured, additional insured, applicant, driver, operator, relative, rated driver, or excluded driver on the
Declarations or application for coverage.
Non-owned auto means a motor vehicle not owned by or furnished or available for the regular use of you or any resident or your household, other than a temporary
substitute auto.
Occupying means in or entering into or alighting from, provided there actual physical contact with the motor vehicle.
Property damage means physical injury to tangible property, including the resulting loss of use of that property.
Relative means a person related to you by blood, marriage, civil union recognizedunder Illinois law or adoption and who resides with you at the time of loss, provided
neither such person nor the spouse or party to a civil union recognized under Illinois law of such person owns a motor vehicle. A relative’s motor vehicle does not
include inoperable or stored vehicles that are not required by law to carry automobile liability insurance.
Replacement auto means an auto that permanently replaces an auto shown in the Declarations. A replacement auto will have the same coverage as the auto it
replaces provided that no other insurance provides coverage for the replacement auto and it is acquired during the policy period. If you wish to continue coverage under
Part VI for the replacement auto, you must ask us to provide the coverage within 30 days after you become the owner of the replacement auto. If the auto it replaces
does not have coverage under Part VI, you must ask us to add the coverage and you must pay the additional premium due prior to the effective date those coverages
are added.
Special equipment means any equipment not manufactured by the manufacturer of the auto for the make, model, and model year shown on the Declarations and
includes all aftermarket parts and accessories. In order to qualify for coverage, special equipment must be disclosed to us, installed in an insured auto in the space
made available by the manufacturer and specifically listed on the Declarations with a premium charge.
Temporary substitute auto means any motor vehicle not owned or leased by you or any resident of your household, and/or not available for the regular use of you
or any resident of your household while temporarily used as a substitute for an owned auto only when such owned auto is temporarily withdrawn from normal use
because of its breakdown, repair, servicing, theft or destruction.
Trailer means a trailer designed for use with a motor vehicle if not being used for business or commercial purposes, and if not a home, office, store, display or
passenger trailer.
Underinsured motor vehicle means a vehicle or trailer to which a bodily injury liability policy, bond or other security applies at the time of the accident but the sum of
the limits for bodily injury liability is less than the limit of liability for this coverage as stated in Coverage E of the Declarations.
But the term underinsured motor vehicle does not include any vehicle or trailer:
(a) owned by or furnished or available for the regular use of any insured person or any relative or person residing in your household;
(b) owned by any governmental or quasi-governmental unit or agency;
(c) operated on rails or crawler treads;
(d) that is a farm type tractor or other conveyance or implement designed mainly for use off public roads while not upon public roads;
(e) while located for use as a residence or premises;
(f) owned or operated by a person qualifying as a self-insurer under any applicable financial responsibility law, motor carrier law or any similar law, except a self-insurer that
is or becomes insolvent;
(g) to which a bodily injury liability insurance policy, bond or other security applies at the time of the accident but the bonding or insuring company is or becomes insolvent
subsequent to the date of the accident; or
(h) to which a bodily injury liability policy, bond or other security applies at the time of the accident but its limit for bodily injury liability is less than $25,000 per person
and $50,000 per accident. The minimum property damage liability limits are $20,000 per accident.
Uninsured motor vehicle means a vehicle or trailer with respect to which there is:
(a) no bodily injury liability insurance policy, bond or other security applicable at the time of the accident; or
(b) a bodily injury liability insurance policy, bond or other security with limits less than $25,000 per person, $50,000 per accident, and $20,000 property damage per
accident; or
(c) a bodily injury liability insurance policy, bond or other security applicable at the time of the accident but the bonding or insuring company writing the same is or
becomes insolvent subsequent to the date of the accident; or
(d) a hit-and-run motor vehicle.
But the term uninsured motor vehicle shall not include a vehicle or trailer:
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(a) owned by or furnished or available for the regular use of any insured person or any relative or person residing in your household;
(b) owned by any government or quasi-governmental unit or agency;
(c) operated on rails or crawlers treads; or
(d) that is a farm type tractor or other conveyance or implement design mainly for use off public roads while not upon public roads;
(e) while located for use as a residence or premises; or
(f) owned or operated by a self-insurer within the meaning of any financial responsibility law, motor carrier law or any similar law except a self-insurer that is or becomes
insolvent.
War means war, whether or not declared, civil war, insurrection, rebellion or revolution, or any act or condition incidental to any of the foregoing.
PART I - LIABILITY
COVERAGES A & B
DEFINITIONS
Insured auto, when it appears in this Part, means:
(a) an owned auto, including a trailer while being used with such owned auto; and
(b) a temporary substitute auto, including a trailer while being used with such temporary substitute auto; and
(c) a non-owned auto, not including a trailer, while being operated by an insured person.
INSURING AGREEMENT
Coverage A – Bodily Injury Liability
Coverage B – Property Damage Liability
We will pay on behalf of an insured person but only to the extent of the applicable policy limits, all sums that the insured person shall become legally obligated to pay as
civil compensatory damages because of bodily injury or property damage due to the negligence of the insured person arising out of the ownership, maintenance or
use of an insured auto. We may investigate and settle any claim or suit as we deem expedient.
We shall defend only those counts alleging such bodily injury or property damage and seeking damages that are payable under the terms of this policy, even if any of
the allegations of the suit are groundless, false, or fraudulent. However, we shall not be obligated to defend any existing or future suit after the applicable limit of our liability
has been exhausted by payment of judgments or settlements. We are not obligated to pay attorney fees for any legal or investigative work unless we specifically select the
attorneys.
EXCLUSIONS
This policy does not apply under Part I:
(a) to bodily injury to you or any relative or to property damage where the person against whom suit is brought is also a member of that household except where said
suit is brought as an action for contribution;
(b) to bodily injury or property damage incidental to or emanating from the ownership, maintenance or use of an insured auto
(1) as a public or livery conveyance, including any use of the vehicle, whether or not passengers are present in the vehicle, in conjunction with any transportation
network application or companies, or as they sometimes refer to themselves, rideshare applications or companies. Examples of transportation network application
or companies, or, as they sometimes refer to themselves, rideshare applications or companies include but are not limited to Uber and Lyft, or
(2) for delivery related business; or
(3) snow removal; or
(4) in any other business or occupation of an insured person or insured operator;
However this exclusion does not apply to share-the-expense carpools.
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(c) to bodily injury or property damage resulting from the operation of farm machinery;
(d) to bodily injury to any employee of an insured person resulting from and in the course of employment if such injury results from the use of a motor vehicle in the
business of the employer, but the exclusion does not apply to you with respect to injury sustained by any fellow employee;
(e) to bodily injury to any employee of an insured person resulting from and in the course of employment by that insured person, but this exclusion does not apply
to any such injury resulting from and in the course of domestic employment by an insured person unless benefits therefore are in whole or in part either payable or
required to be provided under any workers’ compensation law;
(f) to an owned auto or temporary substitute auto while used in the auto business, except while operated by you;
(g) to a non-owned auto while used
(1) in the auto business by an insured person, or
(2) in any other business or occupation of an insured person;
(h) to loss to
(1) property, including any motor vehicle, owned or transported by an insured person, or
(2) property, including any motor vehicle, rented to or in the charge of an insured person other than a residence or private garage, or
(3) property, including any motor vehicle, as to which the insured person is for any purpose exercising physical control;
(i) to any motor vehicle rented or leased by an insured person where other insurance has been purchased by or furnished to the insured person in connection with
such rental or lease;
(j) to bodily injury or property damage with respect to which an insured person under this policy is also an “insured person” under a nuclear energy liability policy
issued by American Nuclear Insurers, Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of
Canada, or any succeeding organization of any of these, or would be an “insured person” under any such policy (and as defined insuch policy) but for its termination
upon exhaustion of its limit of liability;
(k) to bodily injury or property damage resulting from the use, operation, or manipulation or maintenance of any motor vehicle in any pre-arranged or organized race
or speed test;
(l) to bodily injury or property damage due to war,
(m)to bodily injury or property damage sustained while fleeing from police or sustained during the commission of, or flight from a crime other than a traffic violation;
(n) to punitive or exemplary damages;
(o) to criminal or traffic fines, fees, penalties or restitution;
(p) to bodily injury or property damages which was
(1) intended, or
(2) reasonably expected;
by the insured person
(q) to liability assumed by an insured person under any contract or other agreement;
(r) to bodily injury or property damage resulting from the pushing or pulling of a vehicle (other than a trailer) by an insured auto, or the pushing or pulling of an
insured auto by another vehicle (other than a tow truck);
(s) to bodily injury or property damage resulting from the use of a rental or leased motor vehicle by an operator not authorized under the terms of the rental or lease
agreement;
(t) to bodily injury or property damage arising out of the use by any person of a motor vehicle without the reasonable belief that the person is entitled to do so.
(u) to bodily injury or property damage arising out of the ownership, maintenance or use of an insured auto while it is rented or leased to another.
(v) to bodily injury or property damage arising out of the operation by any person, including an insured person, who is not a properly licensed driver, or is in violation
of any condition of their driving privileges;
LIMITS OF LIABILITY
(a) The Bodily injury Liability limit shown in the Declarations as applicable to “each person” is the maximum limit of our liability for all damages arising out of bodily injury
sustained by one person and all claims for loss of services by others due to that injury as the result of any one accident. The limit of Bodily injury Liability as stated
in the Declarations as applicable to “each accident” is, subject to the above provisions respecting each person, the total limit of our liability for all such damages arising
out of bodily injury sustained by two or more persons as the result of any one accident. The Property Damage Liability limit shown in the Declarations as applicable
to “each accident” is the total limit of our liability for all damages arising out of injury to or destruction of all property of one or more persons or organizations, including
loss of use thereof, as the result of any one accident.
(b) In no instance shall the total limit of our liability exceed the limits set forth in the Declarations regardless of the number of insured autos or insured persons insured
under the policy or the separate itemizations of premiums.
(c) If more than one policy issued by us applies to this Part, the total limit of our liability under such policies shall not exceed the highest amount applicable under any one
policy.
(d) Any amounts payable under this coverage Part I will be reduced by any amounts paid or payable for the same elements of loss under Parts II, III, IV of this policy.
OTHER INSURANCE
If the insured person has other insurance against loss covered under Part I ofthis policy, we shall not be liable under this policy for greater proportion of such loss than
the applicable limit of liability stated in the Declarations bears to the total applicable limit of liability of all insurance in effect at the time of loss. However, the insurance
provided by Part I of this policy with respect to a temporary substitute auto or a non-owned auto shall be excess insurance over any other source of recovery, including
but not limited to insurance, bonds and self-insurance.
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PART II – UNINSURED MOTORIST COVERAGE
COVERAGES C & D
DEFINITIONS
Insured auto, when it appears in this Part, means;
(a) an owned auto; and
(b) a temporary substitute auto; and
(c) a non-owned auto while being operated by you, but shall not include any:
(1) motor vehicle or trailer owned by a resident of the same household as you; or
(2) motor vehicle while used as a public or livery conveyance; or
(3) motor vehicle while being used without the permission of the owner.
INSURING AGREEMENT
Coverages C & D – Uninsured Motorist Coverage
We will pay all sums, but only to the extent of applicable policy limits, that the insured person shall be legally entitled to recover as damages from the owner or operator
of an uninsured motor vehicle because of property damage to an insured auto or bodily injury sustained by the insured person, caused by an accident and
arising out of the ownership, maintenance or use of such uninsured motor vehicle; provided, for the purposes of this coverage, determination as to whether the insured
person is legally entitled to recover such damages and, if so, the amount thereof, shall be made by agreement between the insured person and us or, if agreement cannot
be reached, by arbitration. A direction by the Company to file suit to protect subrogation rights against the person or organization alleged to be legally responsible for the
bodily injury or property damage shall not be deemed an agreement by the Company to be bound by the judgement.
Recovery under this Part for property damage is subject to the payment of a specific separate premium for uninsured motorist property damage.
EXCLUSIONS
This policy does not apply under Part II to:
(a) bodily injury to an insured person while occupying a motor vehicle not qualifying as an insured auto when such motor vehicle is owned by:
(1) you, or
(2) a household member related to you by blood, marriage, civil union recognized under Illinois law or adoption and who resides with you at the time of the loss; or
bodily injury to an insured person through being struck by a motor vehicle not qualifying as an insured auto when such motor vehicle is owned by:
(1) you, or
(2) a household member related to you by blood, marriage, civil union recognized under Illinois law or adoption and who resides with you at the time of the loss;
(b) bodily injury or property damage incidental to or emanating from the ownership, maintenance or use of an insured auto:
(1) as a public or livery conveyance, including any use of the vehicle, whether or not passengers are present in the vehicle, in conjunction with transportation network
application or companies, or, as they sometimes refer to themselves, rideshare applications or companies. Examples of transportation network application or
companies, or, as they sometimes refer to themselves, rideshare applications or companies include but are not limited to Uber and Lyft, or
(2) for delivery related business;
(3) snow removal; or
(4) in any other business or occupation of an insured person or insured operator;
However this exclusion does not apply to a share-the-expense carpool;
(c) bodily injury to an insured person or property damage to an insured auto with respect to which such insured person or any person entitled to payment under
this coverage shall have, without our written consent, made any settlement with any person or organization who may be legally liable therefore;
(d) to any claim for bodily injury which is eligible for payment under workers’ compensation or disability benefits policy or so as to directly or indirectly benefit any person
or organization, including a self-insurer, which would otherwise be required to provide coverage pursuant to any federal or state workers’ compensation or disability
law or other similar law;
(e) any claim for punitive exemplary damages;
(f) any damages incurred while an insured auto is in the control of an excluded operator;
(g) bodily injury, death, or property damages which are expected or intended, by the insured person, or which are caused intentionally, by or at the direction of an
insured person except for an innocent co-insured if the loss arose out of domestic violence and the perpetrator of the loss is criminally prosecuted for the act
causing the loss;
(h) other than compensatory damages for death, bodily injury, and property damage to make an injured party whole within the limitations of this policy, any additional
damages, costs, expenses, pecuniary losses, attorney’s fees, penalties, treble damages, or punitive damages which may be recoverable or awarded at law or in equity
as a result of an insured person’s criminal conviction;
(i) to bodily injury or property damage sustained by a person while occupying or when struck by a trailer of any type used with a motor vehicle owned by the
named insured or any relative or any other person specifically listed as an additional driver in the Declarations which is not insured for this coverage under this policy;
(j) for bodily injury or property damage arising out of the ownership or operation of any motor vehicle while it is being used to commit felony or other criminal activity.
The exclusion applies regardless of whether the insured person is actually charged with, or convicted of a crime;
(k) for bodily injury or property damage arising out of the ownership or operation of any motor vehicle while it is being used to flee a law enforcement agency or crime
scene;
(l) for bodily injury or property damage arising out of the ownership or operation of any motor vehicle while it is being used in any racing, speed, or demolition event or
contest or stunting activity or in preparation for such an event, contest, or activity. This exclusion applies regardless of whether the event, contest, or activity is pre-
arranged or not;
(m) to any claim for property damage that does not include the name and address of the owner of the at fault uninsured motor vehicle and any other available
information to establish there is no applicable physical damage liability insurance;
(n) to bodily injury or property damage arising out of the ownership, maintenance or use of an insured auto while it is rented or leased to another.
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LIMITS OF LIABILITY
(a) The Uninsured Motorist Coverage limit shown in the Declarations as applicable to “each person” is the limit of our liability for all damages arising out of bodily injury
sustained by one person and all claims for loss of services by others due to that injury as the result of any on accident. The limit of Uninsured Motorist Coverage
as stated in the Declarations as applicable to “each accident” is, subject to the above provisions respecting each person, the total limit of our liability for all such
damages arising out of bodily injury sustained by two or more persons as the result of any one accident.
(b) In no instance shall the total limit of our liability exceed the limits set forth in the Declarations regardless of the number of insured autos or insured persons insured
under the policy or the separate itemization of premiums.
(c) If more than one policy issued by us applies to this Part, the total limit of our liability under all such policies shall not exceed the highest amount applicable under any
one policy.
(d) Any amounts payable under this coverage Part II will be reduced by any amounts paid or payable for the same elements of loss under Parts I, III or IV of this policy.
(e) Any amount payable under the terms of this Part because of bodily injury sustained in an accident by a person who is an insured person under this Part shall be
reduced by:
(1) all sums paid on account of such bodily injury by or on behalf of:
(i) the owner or operator of the uninsured motor vehicle, and
(ii) any other person or organization jointly or severally liable together with such owner or operator for such bodily injury including all sums paid under Coverage A;
and
(2) the amount paid and the present value of all amounts payable on account of such bodily injury under any workers’ compensation law, disability benefits law or
similar law.
(f) Coverage under this section shall not be “stacked” with any other similar or identical coverage that may be provided under this or any other policy issued by us, including
Part III – Underinsured Motorist Coverage.
(g) any amount payable under Part II shall be reduced by all sums paid to the insured person for property damage on behalf of the owner or operator of the uninsured
motor vehicle and any other person or organization jointly or severally liable together with such owner or operator.
(h) there shall be no coverage for loss of use of the insured auto and no coverage for loss or damage to personal property located in the insured auto.
(i) there shall be no liability imposed under the Uninsured Motorist Property Damage Coverage if the owner or the operator of the at fault motor vehicle or the hit-
and-run motor vehicle cannot be identified.
Property damage losses recoverable thereunder shall not exceed the lesser of:
(a) our limit of liability $15,000; or
(b) the amount necessary to repair the damaged property at the time of the loss; or
(c) the amount necessary to replace the damaged property at the time of the loss with property of like kind with deduction for depreciation and physical condition;
or
(d) the actual cash value of the insured auto at the time of the loss less deductible and salvage value on retained vehicles 9 model years or older.
OTHER INSURANCE
If the insured person has other similar insurance, bonds or self-insurance available and applicable to the accident, we shall not be liable for a greater portion of any loss
to which this coverage applies than the limit of liability hereunder bears to the sum of the applicable limits of liability of this insurance and such other insurance, bonds or
self-insurance. With respect to bodily injury to an insured person while occupying a motor vehicle not owned by you, the insurance under Part II shall apply only as
excess insurance over any other similar insurance, bonds or self-insurance available to such insured person. The insurance under Part II shall apply only in the amount by
which the limit of liability for Coverage D exceeds the applicable limit of liability of any other source of recovery.
ARBITRATION
(a) The arbitration process shall not commence unless the following have first been resolved by agreement between the parties or declaratory judgment:
(1) whether the policy was in effect at the time of the accident;
(2) whether the injured party was insured under a policy issued by us;
(3) whether the adverse driver’s vehicle was an uninsured motor vehicle.
(b) Subject to (a), if any person making claim hereunder and we do not agree:
(1)whether such insured person(s) and such uninsured motor vehicle(s) were in an accident; or
(2)whether such insured person is legally entitled to recover damages from the owner or operator of an uninsured motor vehicle because of bodily injury to an
insured person or property damage to an insured auto; or
(3)as to the amount payable hereunder; then these matters shall be submitted to arbitration upon receipt of written demand for arbitration by us.
(c) Prior to the arbitration hearing, any person making a claim hereunder or on whose behalf a claim is being made shall submit to examinations under oath by any person
we name and subscribe the same, as often as may reasonably be required, provide a signed medical record release authorizing our access to your medical records
and provide copies of all medical records and bills which will be proffered during the arbitration hearing, and subject to a continuing duty to supplement said records and
bills through the date of the hearing where treatment is ongoing.
(d) Unless the parties otherwise agree, we may each select an arbitrator, and the two arbitrators named will select a third arbitrator. If such arbitrators are not selected
within 45 days from the receipt of the written demand, either party may request that such arbitration be submitted to the American Arbitration Association. In the event
such arbitration is submitted to the American Arbitration Association, the arbitrator will hear and determine the questions in dispute and, except to the extent herein
provided, the written decision of the arbitrator shall be binding on the parties up to $75,000 per person and $150,000 per accident or the policy limits, whichever is
less. In the event such arbitration is submitted to a tripartite panel, the arbitrators shall be binding upon the parties.
(e) Unless the parties otherwise agree, all arbitration hearings under this policy, including both the tripartite panel and the American Arbitration Association, shall be
conducted in the County and State of the named insured as shown in the Declarations at the time of the policy’s inception and in accordance with the usual rules
governing the procedures and the admission of evidence in the general courts of law of that County and not in accordance with any court-mandated arbitration or
mediation rules including those promulgated by the Illinois Supreme Court unless otherwise required pursuant to 215 ILCS 5/143a.
(f) If it is agreed that:
(1)if the arbitrator(s) assess damages or enter an award in excess of the policy limits stated in the Declarations, the award shall be void to the extent that it exceeds
the minimum limits of $25,000 per person and $50,000 per accident. The minimum property damage liability limits are $20,000 per accident ; and
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(2)if the arbitrator(s) award(s) damages in the amount greater than the minimum limits of $25,000 per person, $50,000 per accident, or $20,000 per accident for
property damage but less than the Limits stated in the Declarations, that portion of the award exceeding the minimum limits of $25,000 per person, $50,000 per
accident, or $20,000 per accident for property damage may be rejected in writing by either party within 90 days. Any legal action regarding that portion of the award
exceeding the minimum limits of $25,000 per person, $50,000 per accident, or $20,000 per accident for property damage shall be filed within 30 days of notice of
rejection; otherwise, the rejection shall be final.
No judgment against any person or organization alleged to be legally responsible for the bodily injury shall be conclusive, as between the insured person and us,
of the issues of liability of such person or organization of the amount of damages to which the insured person is legally entitled unless such judgment is entered
pursuant to an action prosecuted by the insured person with our written consent.
(g) In the event of either a tripartite panel or arbitration conducted by the American Arbitration Association, each party will:
(1) pay the expenses it incurs including the expenses of the arbitrator selected by that party; and
(2) bear equally the expense of the third arbitrator.
INSURING AGREEMENT
Coverage E – Underinsured Motorist Coverage
We will pay the sum, but only to the extent of applicable policy limits, that an insured person is legally entitled to recover as damages from the owner or operator of an
underinsured motor vehicle because of bodily injury sustained by an insured person, caused by the accident and arising out of the ownership, maintenance or use
of such underinsured motor vehicle that is greater than the sum of the limit of bodily injury of all liability policies, bonds or other securities which apply to the owner or
operator or underinsured motor vehicle at the time of the accident. We will not pay under this coverage if an insured person accepts payment of any kind from or on
behalf of the underinsured motorist without first notifying us, and allowing us thirty (30) days from the receipt of such notification to respond. Notification to us must be
made in writing and include evidence of a bona fide offer of a tentative settlement from the liable party and the amount of the offer. No judgment against any person or
organization alleged to be legally responsible for the bodily injury shall be conclusive, as between the insured person and us, of the issues of liability of such person or
organization of the account of damages to which the insured person is legally entitled.
EXCLUSIONS
This policy does not apply under Part III to:
(a) bodily injury to an insured person while occupying a motor vehicle not qualifying as an insured auto when such motor vehicle is owned by:
(1) you, or
(2) a household member related to you by blood, marriage, civil union recognized under Illinois law or adoption and who resided with you at the time of the loss;
or
bodily injury to an insured person through being struck by a motor vehicle not qualifying as an insured auto when such motor vehicle is owned by:
(1) you, or
(2) a household member related to you by blood, marriage, civil union recognized under Illinois law or adoption and who resided with you at the time of the loss;
(b) bodily injury incidental to or emanating from the ownership, maintenance or use of an insured auto:
(1) as a public livery conveyance, including any use of the vehicle, whether or not passengers are present in the vehicle, in conjunction with any transportation network
application or companies, or, as they sometimes refer to themselves, rideshare applications or companies. Examples of transportation network applications or
companies, or, as they sometimes refer to themselves, rideshare applications or companies include but are not limited to Uber and Lyft, or
(2) for delivery related business; or
(3) snow removal; or
(4) for any other business or occupation of an insured person or insured operator;
However this exclusion does not apply to a share-the-expense carpool;
(c) any claim for bodily injury which is eligible for payment under a workers’ compensation or disability benefits policy or so as to directly or indirectly benefit any person
or organization, including a self-insurer, which would otherwise be required to provide coverage pursuant to any federal or state workers’ compensation or disability
law; or
(d) any claim for punitive or exemplary damages; or
(e) bodily injury to an insured person with respect to which such insured person or any person entitled to payment under this coverage shall have, without our written
consent, made any settlement with any person or organization who may be legally liable therefore; or
(f) to bodily injury arising out of the ownership, maintenance or use of an insured auto while it is rented or leased to another.
LIMITS OF LIABILITY
(a) The Underinsured Motorist Coverage limit shown in the Declarations as applicable to “each person” is the limit of our liability for all damages arising out of bodily
injury sustained by one person and all claims for loss of services by others due to that injury as the result of any one accident. The limit of Underinsured Motorist
Coverage as stated in the Declarations as applicable to “each accident” is, subject to the above provision respecting each person, the total limit of our liability for all
such damages arising out of bodily injury sustained by two or more persons as the result of any one accident.
(b) In no instance shall the total limit of our liability exceed the limit set forth in the Declarations regardless of the number of insured autos or insured persons under the
policy or the separate itemization of premiums.
IL MV 01 09 0522 8
(c) If more than one policy issued by us applies to the Part, the total limit of our liability under all such policies shall not exceed the highest amount applicable under any
one policy.
(d) Any amounts payable under this Coverage Part III will be reduced by any amounts paid or payable for the same elements of loss under Parts I, II or IV of this policy.
(e) Any amount payable under the terms of this Part because of bodily injury sustained in an accident by a person who is an insured person under this Partshall be
reduced by:
(1) all sums paid on account of such bodily injury by or on behalf of:
(i) the owner or operator of the uninsured motor vehicle,
(ii) any other person or organization jointly or severally liable together with such owner or operator for such bodily injury including all sums paid under Coverage
A; and
(2) the amount paid and the present value of all amounts payable on account of such bodily injury under any workers’ compensation law, disability benefits law or any
similar law. However, no reduction shall be made for any such amounts paid or payable as Social Security disability benefits.
(f) Coverage under this section shall not be “stacked” with any other similar or identical coverage that may be provided under this or any other policy issued by us, including
Part II - Uninsured Motorist Coverage.
OTHER INSURANCE
If the insured person has other similar insurance, bonds or self-insurance available and applicable to the accident, we shall not be liable for a greater proportion of any
loss to which this coverage applies that the limit of liability hereunder bears to the sum of the applicable limits of liability of this insurance and such other insurance, bond
or self-insurance. With respect to bodily injury to an insured person while occupying a motor vehicle not owned by you, the insurance under Part III shall apply
only as excess insurance over any other similar insurance, bonds or self-insurance available to such insured person. The insurance under Part III shall apply only in the
amount by which the limit of liability for Coverage E exceeds the applicable limit of liability of any other source of recovery, including but not limited to insurance, bonds
and self-insurance.
INSURING AGREEMENT
Coverage F – Expenses for Medical Services
Upon written demand we will pay the usual and customary charges incurred within one year from the date of accident for reasonable and necessary medical and funeral
services, other than expenses for replacement eyeglasses, dentures or prosthetic devices, due to bodily injury caused by an accident, and sustained by:
(a) you or any relative, while occupying a motor vehicle or being struck by a vehicle; and
(b) any other person while occupying:
(1) an owned auto or temporary substitute auto, while being used by an insured person, or
(2) a non-owned auto, if the bodily injury results from its operation by an insured person.
EXCLUSIONS
This policy does not apply under Part IV to:
(a) any claim for bodily injury which is eligible for payment under a workers’ compensation or disability benefits policy or so as to directly or indirectly benefit any person
or organization, including a self-insurer, which would otherwise be required to provide coverage pursuant to any federal or state workers’ compensation law or similar
law;
(b) bodily injury incidental to or emanating from the ownership, maintenance or use of an insured auto
(1) as a public or livery conveyance, including any use of the vehicle, whether or not passengers are present in the vehicle, in conjunction with any transportation
network application companies, or, as they sometimes refer to themselves, rideshare applications or companies. Examples of transportation network applications,
or, as they sometimes refer to themselves, rideshare applications or companies include but are not limited to Uber and Lyft, or
(2) for delivery related business; or
(3) snow removal; or
(4) in any other business or occupation of an insured person or insured operator;
However this exclusion does not apply to share-the-expense carpools;
(c) bodily injury resulting from the operation of farm machinery;
(d) bodily injury to any fellow employee of an insured person injured in the course of employment if such injury results from the use of a motor vehicle inthe business
of the employer, but the exclusion does not apply to you with respect to injury sustained by any fellow employee;
(e) bodily injury to any employee of an insured person resulting from and in the course of employment by that insured person, but this exclusion does not apply to any
such injury resulting from and in the course of domestic employment by an insured person unless benefits therefore are in whole or in part either payable orrequired
to be provided under any workers’ compensation law;
(f) bodily injury which occurs during the operation of an owned auto or temporary substitute auto while used in the auto business, except while operated
by you;
IL MV 01 09 0522 9
(g) bodily injury which occurs during the operation of an non-owned auto while used:
(1) in the auto business by an insured person, or
(2) in any other business or occupation of an insured person except a motor vehicle operated by you;
(h) bodily injury that occurs during the operation of a motor vehicle rented or leased by an insured person where other insurance has been purchased by or furnished
to the insured person in connection with such rental or lease;
(i) bodily injury with respect to which an insured person under this policy is also an “insured person” under a nuclear energy liability policy issued by American
Nuclear Insurers, Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any
succeeding organization of any of these, would be an “insured person” under any such policy (and as defined in such policy) but for itstermination upon exhaustion
of its limit of liability;
(j) bodily injury resulting from the use, operation manipulation or maintenance of any motor vehicle in any pre-arranged or organized race or speed test;
(k) bodily injury due to war,
(l) bodily injury sustained while fleeing from police or sustained during the commission of, or flight from, a crime other than a traffic violation;
(m) bodily injury which was
(1) intended, or
(2) reasonably expected;
by the insured person;
(n) bodily injury resulting from the pushing or pulling of a insured auto (other than a trailer) by an insured auto, or the pushing or pulling of an insured auto by
another vehicle (other than a tow truck);
(o) bodily injury resulting from the use of a rental or lease motor vehicle by an operator not authorized under the terms of the rental or lease agreement; or
(p) bodily injury caused by or as a consequence of a discharge or use of a weapon;
(q) bodily injury arising out of the ownership, maintenance or use of an insured auto while it is rented or leased to another.
LIMITS OF LIABILTY
(a) The limit of liability for Medical Payments stated in the Declarations as applicable to “each person” is the maximum limit of our liability for all expenses incurred by or
on behalf of each person who sustains bodily injury as the resultof any one accident.
(b) For any one accident, the limit of our liability stated in the Declarations will apply regardless of the number of insured persons or insured autos insured by the
policy or the separate itemization of premiums.
(c) If more than one policy issued by us applies to this Part, the total limit of our liability under all such policies shall not exceed the highest amount applicable under any
one policy.
(d) Any amounts payable under this coverage Part IV will be reduced by any amounts paid or payable for the same elements of loss under Parts I, II, or III of this policy.
OTHER INSURANCE
(a) If there is other motor vehicle medical payments insurance against a loss covered by Part IV of this policy, we shall not be liable under this policy for a greater
proportion of such loss than the applicable limit of liability stated in the Declarations bears to the total of all medical payments insurance; provided, however, the
insurance with respect to a temporary substitute auto or a non- owned auto shall be excess insurance over any other medical payments insurance.
(b) This policy does not apply under Part IV to bodily injury to the extent that any medical expenses is paid or payable to or on behalf of the injured person under the
provisions of any:
(1) premises insurance affording benefits for medical expenses;
(2) accident or disability insurance; or
(3) medical, hospital or surgical insurance.
Non Owners coverage is intended only for licensed drivers who are specifically named in the declarations with respect to the use of a Non-owned auto as defined in the
policy. Non Owners coverage is not intended to insure any person with respect to an Owned auto or with respect to an automobile furnished for the regular use of the named
insured.
When applicable coverage is afforded under Parts I, II and IV to the operation of a motor vehicle(s) by you, subject to the following:
(a) The definitions of “insured person” and “you” as they appear throughout the policy are deleted and replaced with the following: “the individual(s) named in the
Declarations”.
(b)The insurance does not apply:
(1) to any motor vehicle that is owned by or furnished for the regular use of you, or a member of the same household other than a private chauffeur or domestic
servant of yours;
(2) to any motor vehicle while used in a business or to any accident arising out of the operation of an auto business;
(3) under Part IV to Coverage F Medical Payments, unless the injury results from the operation of the Non owned motor vehicle by you or on behalf of you by such
private chauffeur or domestic servant, or from the occupancy of the Non owned motor vehicle.
(c) Other Insurance. This insurance shall be excess insurance over any other valid source of recovery for Bodily injury Liability, Property Damage Liability and Medical
Payments coverage. This provision replaces all “other insurance” policyprovisions.
(d) The provisions of this endorsement control to the extent that there is any discrepancy or contradiction between the provisions of this endorsement and those of any
Part or Condition of the policy.
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DEFINITIONS
Insured auto, when it appears in this Part, means:
(a) an owned auto; and
(b) a temporary substitute auto.
Insured auto only includes the original equipment issued by the manufacturer (or replacement parts of similar like, kind, and quality), and does not include any contents.
Insured auto does not include any special equipment unless such special equipment is disclosed to us, installed in an insured auto in the space made available by
the manufacturer and listed on the policy Declarations with PHYSICAL DAMAGE COVERAGE.
Other than collision, when used in this Part, means an insured auto damaged by missiles, falling objects, windstorm, hail, fire, explosion, earthquake, water, flood,
total or partial theft, malicious mischief, vandalism, hitting a bird or an animal, or being hit by a bird or an animal.
Special equipment, when it appears in this Part, means any non-factory installed equipment permanently attached to the interior or exterior of an insured auto. Special
equipment shall include but is not limited to custom paint work, special antennas, customized windows or window treatments, non-factory installed sound systems,
custom wheels, running boards or any other equipment which mechanically or structurally changes the appearance or performance of the vehicle.
COVERAGE H - COLLISION
INSURING AGREEMENT
We will pay for direct and accidental loss to an insured auto, including its equipment, caused by collision but only for the amount of each such loss in excess of the
deductible amount stated in the Declarations provided that it can be confirmed by us that said loss occurred during the time period wherein coverage was in force. Each
occurrence of such loss shall be subject to a separate deductible.
Collision damage coverage will be available to a temporary substitute auto in any amount not to exceed the actual cash value of your insured auto and subject to the
same conditions and terms of this policy.
COVERAGE I – TOWING
INSURING AGREEMENT
We will reimburse you for towing costs necessitated by the disablement of an insured auto, provided:
The company will reimburse the named insured up to the limit listed in the Declarations. We shall not be obligated to pay under this coverage any towing and labor
costs which you may be entitled to recover from Emergency Roadside Assistance Coverage on any other source affording coverage in part or whole for towing and
labor costs.
(b) Coverage under this Paragraph (b) applies to an insured auto only when Coverage G of this Part is not purchased and coverage under Part I of this policy also applies
to the insured auto:
We will reimburse you up to the per day and maximum limit shown on the Declarations page, for the amount which you paid for renting another auto from a rental
agency while the insured auto was being repaired due to disablement arising from an accident which caused physical damage to your insured auto by collision
with another vehicle, object, or person or by upset of such insured auto. Coverage will end when the first of the following occurs:
(1) the repair facility finished the repairs; or
(2) the maximum limit is reached.
Proof of repairs from a repair facility and evidence of payment therefore, must be provided before reimbursement will be made. You may claim the maximum amount under
this coverage one time during a semi-annual policy, and twice during an annual policy. This coverage does not apply for the first seventy-two (72) hours after the initial
effective date and time of the policy.
INSURING AGREEMENT
Subject to all provisions in this policy including, but not limited to, the GENERAL DEFINITIONS, and all provisions in this SPECIAL EQUIPMENT COVERAGE, including,
but not limited to, Additional Definitions, Exclusions, and Limits of Liability, we will pay for direct and accidental loss to special equipment disclosed to us for which
a premium is charged and installed in an insured auto, minus any applicable betterment and deductible shown on the Declarations for Other Than Collision Coverage.
EXCLUSIONS
This policy does not apply under Part VI for Coverages G, H, I, J, & K:
(a) to loss to any item that does not qualify as equipment, but this exclusion does not apply to a non-factory installed vehicle anti-theft system for which you are receiving
an anti-theft credit or child restraint system which meets the standards required by Illinois state law and was in use by a child at the time of loss;
(b) to loss that was:
(1) intended, or
(2) reasonably expected;
by the insured person except for an innocent co-insured if the loss arose out of domestic violence and the perpetrator of the loss is criminally prosecuted for the act
causing the loss;
(c) to loss due to manufacturer defect, freezing or mechanical or electrical failure;
(d) to loss to tires, unless damaged by fire, malicious mischief, vandalism or theft, or unless the loss to tires is coincident with and from the same cause of another loss
covered by this policy;
(e) to loss due to war;
IL MV 01 09 0522 12
(f) to loss due to radioactive contamination;
(g) to any motor vehicle while being used in the auto business;
(h) to loss incidental to or emanating from the ownership, maintenance or use of an insured auto
(1) as a public livery conveyance, including any use of the vehicle, whether or not passengers are present in the vehicle, in conjunction with any transportation network
applications or companies, or, as they sometimes refer to themselves, rideshare applications or companies. Examples of transportation network applications or
companies, or, as they sometimes refer to themselves, rideshare applications or companies include but are not limited to Uber and Lyft, or
(2) for delivery related business; or
(3) snow removal; or
(4) in any other business or occupation of an insured person or insured operator;
However this exclusion does not apply to share-the-expense carpools;
(i) to loss of any motor vehicle designated for racing while being tested, repaired, serviced or exhibited or to loss resulting from the use, operation, manipulation or
maintenance of any motor vehicle in any pre-arranged or organized race or speed test;
(j) loss due to theft under Coverage G if evidence exists that forcible entry was not required to gain access to the insured auto;
(k) to loss to an insured auto due to damage or confiscation by government or civil authorities;
(l) to loss to an insured auto due to repossession, forfeiture, garnishment, supplemental proceeding or other judicial proceedings;
(m) to loss to an insured auto sustained while fleeing from police or sustained during the commission of or flight from a crime, other than a traffic violation;
(n) to loss due to theft when the keys to the insured auto were left within the insured auto or if evidence exists that the ignition wiring was altered or changed to allow
the operation of the insured auto without keys;
(o) to loss resulting from the pushing or pulling of a vehicle (other than a trailer) by an insured auto, or the pushing or pulling of an insured auto by another vehicle
(other than a tow truck);
(p) to an insured auto for diminution in value;
(q) arising out of the ownership, maintenance or use of any vehicle by any person, including an insured person, who is not a properly licensed driver, or is in violation of
any condition of their driving privileges;
(r) to loss arising out of the ownership, maintenance or use of an insured auto while it is rented or leased to another;
(s) to loss to any of the following:
(1) caddy, case or container designed for use in carrying stereo tapes, cassettes, cartridges or disks; or
(2) special antennas designed to be used with any radio, two-way communications equipment, telephones or video equipment including televisions; or
(3) customized roof treatment including but not limited to: T-bar roof, bubble-dome, bubble window, sunroof and moon roof; or
(4) custom paintwork or custom tape-type striping; or
(5) equipment or accessories that change the use or appearance of the interior or exterior of the auto; or
(6) non-factory wheels, tires and other equipment; or
(7) any other special equipment unless disclosed to us, installed parts in an insured auto in the space made available by the manufacturer and listed on the
Declarations with an additional premium paid;
(t) to loss to non-scheduled special equipment; or
(u) to any loss for Coverage K Special Equipment Coverage if you have deleted either Other Than Collision or Collision Coverage, or both, on that insured auto.
LIMITS OF LIABILITY
If this is not a Value Rated policy, the limits of liability for loss to the insured auto, including its equipment, shall not exceed the lesser amount of its actual cash value
at the time of loss or what it would have cost at the time of loss to repair or replace the damaged property (depreciation and physical condition considered). Any such
parts used in repairing the damage property may include either parts furnished by the vehicle’s manufacturer or parts from other sources including non-factory installed
vehicle anti-theft systems, for which we are allowing an anti-theft credit, arising out of any one accident is $500.
If this is Value Rated policy, the limits of liability for loss to the insured auto, including its equipment, shall not exceed the lesser amount of its replacement cost, value
rating or its actual cash value at the time of loss or what it would have cost at the time of loss to repair or replace the damaged property (depreciation and physical
condition considered). Any such parts used in repairing the damaged property may include either parts furnished by the vehicle’s manufacturer or parts from other sources
including non-factory installed vehicle anti-theft systems, for which we are allowing an anti-theft credit. The maximum anti-theft system allowance arising out of any one
accident is $500.
Our maximum payment of benefits owed under Coverage K SPECIAL EQUIPMENT COVERAGE for direct and accidental loss to special equipment damaged or stolen
in any one loss or theft is the lower of: (i) the limit shown on the Declarations for this coverage, or (ii) the cost to repair or replace if applicable. Our payment will be reduced
by any applicable betterment and Physical Damage deductible shown on the Declarations.
OTHER INSURANCE
If the insured person has other sources of recovery against a loss covered under Part VI of this policy, we shall not be liable under this policy for a greater proportion
of such loss than the applicable limit of liability bears to the total applicable limit of liability of all sources of recovery including, but not limited to:
(a) any coverage provided by the owner of the temporary substitute auto;
(b) any other physical damage insurance; or
(c) any other source of recovery applicable to the loss.
CONDITIONS
Unless otherwise noted, the following conditions apply to all Parts.
Insured auto and insured person are defined separately in each Coverage Part if applicable.
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2. Policy Period, Territory and Policy Renewal
While you are a resident of Illinois and while the insured auto is within the United States of America, its territories or possessions, or Canada or is being transported
between ports thereof, only accidents and losses during the policy period, as stated in the Declarations, can be covered by this policy. Each policy period begins and
ends at 12:01 a.m. local time at your address, as stated in the Declarations and on the dates as specified in the Declarations. This policy may be renewed for successive
policy periods. The effective date appearing on our renewal offer coincides with the expiration date of the expiring policy so that such date becomes the first day that
coverage does not apply if the required renewal premium is not paid to us before that date. Likewise, it is the first date that coverage does apply if the required renewal
premium is paid and received by us before that date.
4. Misrepresentation
a) If we become aware of a misrepresentation stated in the policy, endorsement, rider attached or in the written application that would have made the risk ineligible or
resulted in a higher premium charge , the policy will be rescinded and annulled. This policy will not be voided after it has been in effect for one (1) year, or one (1)
policy period, whichever is less.
b) If, at anytime, we become aware of a misrepresentation stated in the policy, endorsement, rider attached or in the written application which would have made the
risk ineligible or resulted in a higher premium charge, we reserve the right to retroactively endorse your policy to the correct premium charge. In the event that we
exercise that right, you will be liable for the total premium amount charged for your coverage, which shall include any additional premium amounts you would have
been charged for that coverage had such misrepresentations not been made. In addition, a two-hundred percent (200%) surcharge, based on the total premium
amount you would have been charged for your coverage had such misrepresentation not been made, will be assessed against your policy. However, the amount
surcharged shall not exceed the claim amount, in the event that such claim is the reason we become aware of the misrepresentation. The total premium amount
charged will be calculated based on the earlier of (1) the inception date of your policy, or (2) the date the misrepresentation occurred during the policy period. Nothing
in this Condition shall preclude us from exercising or pursuing any other right or remedy available under Illinois law.
IL MV 01 09 0522 14
i. so mechanically defective that its operation might endanger public safety;
ii. used in carrying passengers for hire or compensation (the use of an automobile for a carpool shall not be considered use of an
automobile for hire or compensation);
iii. used in the business of transportation of flammables or explosives;
iv. an authorized emergency vehicle;
v. changed in shape or condition during the policy period so as to increase the risk substantially; or
(2) If we cancel, we will calculate the premium refunded on a pro rata basis. Premium adjustments may be made at the time cancellation is effective or as soon as
practicable after cancellation becomes effective, but payment or tender of unearned premium is not a condition of cancellation.
(3) We shall offer to renew any policy of insurance unless we mail to you at least 30 days’ advance notice of our intention not to renew. In all such notices that we
shall specify the reasons for non-renewal. If we fail to provide the notice required to either renew or non-renew your policy, the insurance provided by this policy
will cease on the effective date of any similar insurance obtained on an owned auto. Your policy will non-renew and the aforementioned notice requirements do
not apply if we have manifested our willingness to renew directly to you and you fail to make the necessary payment before the due date.
(4) The notice of cancellation or non-renewal of this policy shall be effective upon our mailing of it to you at the last mailing address known by us. Proof ofmailing of
aforesaid notices shall be sufficient proof of notice. The time of surrender or the effective date and time of cancellation stated in the notice shall become the end
of the policy period. Renewal of a policy does not constitute a waiver or estoppel with respect to grounds for cancellation that existed before the effective date of
such renewal.
6. No Benefits to Bailee
The insurance afforded by this policy shall not directly or indirectly benefit any insurer or other bailee for hire liable for loss to the insured auto.
7. Premium Payment
(a) If your initial or renewal premium payment is by check, draft or any remittance other than cash, coverage under this policy is conditioned upon the check, draft or
remittance being honored by upon presentment to the bank or other financial institution. If the check draft or remittance is not honored upon presentment, this
policy may, at our option, be deemed void from its inception. This means that we will not be liable under this policy for any claims or damages which would
otherwise be covered if the check, draft or remittance had been honored upon presentment to the bank or other financial institution.
(b) If installment or endorsement premium payment is by check, draft or any remittance other than cash, coverage under this policy is conditioned upon the check,
draft or remittance being honored by upon presentment to the bank or other financial institution. If the check draft or remittance is not honored upon presentment,
this policy may, at our option, be returned to the policy status at the time the payment was posted to the policy. This means that we will not be liable under this
policy for any claims or damages which would otherwise be covered if the check, draft or remittance had been honored upon presentment to the bank or other
financial institution.
(c) A charge may be added to your account if:
(1) any check, draft or any remittance other than cash is not honored by the bank or financial institution for any full or partial payment of premium; or
your premium payment is received after the due date but prior to cancellation.
We have no obligation to provide coverage under this policy unless there has been full compliance with the above conditions.
10. Insured Person’s Duties in the Event of a Loss to an Insured Auto Part VI.
The insured person shall:
(a) protect and preserve the motor vehicle and its equipment from further loss. Further loss incurred as a result of the insured’s person failure to do so shall not
be recoverable under this policy. We will reimburse the insured person for reasonable additional expenses that the insured person incurs in affording such
protection to the insured auto; and
(b) file with us, no more than 90 days after loss, his or her sworn proof of loss in such form and including such information as we may reasonably require and shall,
when we request, exhibit the damaged property and submit to examination under oath; and
(c) refrain from authorizing or permitting repair of any kind to the insured auto or disposal of the insured auto without the consent of our Claims Department.
We have no obligation to provide coverage under this policy unless there has been full compliance with the above conditions.
Part II Only. After notice of claim under Part II, and before any arbitration proceedings shall be initiated, the insured shall:
(a) take such action as may be necessary or appropriate to preserve his right to recover damages from all persons or organizations who may be legally responsible
for the bodily injury or property damage, and in any action against the Company, the Company may require the insured to join such person or organization as
a party Defendant; and
(b) at the Company’s request and upon payment in advance by the Company of all court costs, forward to the Company proof that a lawsuit was filed and that a
summons and complaint were served in the appropriate court of law within the applicable statute of limitations against all parties who may be liable or legally
responsible for the insured’s bodily injuries or property damage, said lawsuit to be maintained and prosecuted with due diligence until final judgment.
Part IV. The insured person, or any other person making a claim, shall;
(a) provide written proof:
(1) of involvement in an accident (including police reports);
(2) of the nature, extent and duration of the injuries and treatment received; and
(3) of the identity of all lienholders;
(b) assign and consent to the direct payments to the medical provider or facility for medical expenses eligible for payment under this coverage.
Payment under this coverage shall reduce the total amount payable hereunder for such injury and shall not constitute an admission of liability by us or any other person.
This coverage will continue through the end of the policy period.
IL MV 01 09 0522 16
16. Payment and Loss Amount
Any amount due is payable to:
(a) the insured person; or
(b) the insured’s person parent or guardian if the insured person is a minor; or
(c) the surviving spouse or party to a civil union recognized under Illinois law if the insured person is deceased, or
(d) a person authorized by law to receive such payment or to a person legally entitled to recover the damages that the payment represents.
We may, at our option, pay any amount due in accordance with provision (d) above.
We may settle any claim for loss either with the insured person or the owner ofthe property.
20. Modifications
This policy cannot be modified except by written endorsement which is attached hereto and made part of this policy. Only we have the authority to waive or modify
any term or condition of this policy. Notice to any agent or knowledge possessed by any agent or by any other person shall not affect a waiver or a change in any part
of this policy or stop us from asserting any rights under the terms of this policy. If we decide not to insist on an insured person’s compliance with any provision of
this policy at any time or times, or under any circumstances, such decision shall not operate to waive, modify or void such provision or render it unenforceable in any
way.
IL MV 01 09 0522 17
24. Loss Payee Clause
Loss or damage under this policy shall be paid, as interest may appear, to you and the loss payee shown in the Declarations.
We reserve the right to cancel the policy as permitted by policy terms. Cancellation shall terminate the policy and this agreement as to the loss payee's interest. We will
give the same advance notice of cancellation to the loss payee as we give to the named insured shown in the Declarations; provided, however, failure to give such
notice to the loss payee shall not affect the validity of the notice provided to you. If coverage for damage to your insured auto is provided because of our failure to
give notice to the loss payee, then such coverage shall be limited to the loss payee’s interest and shall not include any interest you may have in your insured auto.
When we pay the loss payee we shall, to the extent of payment, be subrogated to the loss payee’s right of recovery against any party, including, but not limited to, you or
any other insured person.
If you surrender possession of the insured auto to the loss payee or the loss payee repossesses the insured auto, we will not pay the loss payee for loss occurring
after the date the loss payee or its agent takes possession of the auto, or any loss occurring during the repossession. The interest of a loss payee shall be no greater
than your interest under this policy, less any applicable deductible(s), betterment, depreciation, or unrelated loss damage.
When we pay a loss payee, we will not pay the loss payee more than the repair costs of your insured auto, actual cash value of your insured auto as determined
by us; or the existing loan balance as of the date of loss, whichever is less, reduced by any applicable deductible, betterment, surcharge and salvage value if we do
not retain the salvage. Any insurance covering the interest of a loss payee shall not be protected and shall become invalid for any damage, destruction or
other loss resulting from your illegal or fraudulent acts and/or omissions. This insurance covering the interest of a loss payee shall become invalid because
of your illegal or fraudulent acts or omissions. Additionally, we will not pay for any loss caused by conversion, embezzlement, or concealment by you or anyone acting
on your direction or behalf. We will not pay for any destruction or damage and/or loss to an auto caused by any intentional act done by, at the direction of, or on behalf
of any insured person. Any and all defenses which we are able to assert against the insured person shall be effective as to the loss payee and shall operate to
invalidate the loss payee’s interest under this policy.
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