PO Box 3199 ● Winston Salem, NC 27102-3199
JEFFREY BROWN
APT LB
3611 HENRY HUDSON PKY
RIVERDALE NY 10463
Your Agent:
Select Insurance Agency Inc
676A White Plains Rd
Scarsdale, NY 10583-5008
(914) 395-3131
Date: 3/16/2017
Underwriting Company: National General Insurance Online, Inc.
Policy Number: 2004790386
Policy Period: 3/17/2017 – 3/17/2018
Dear Jeffrey Brown,
Welcome to National General Insurance! We are delighted that you have entrusted National General Insurance with
protecting you, your family and your assets. You can now rest easy knowing that when the unexpected occurs we are
ready to help get your life back to normal as quickly and easily as possible.
Your new insurance policy is enclosed. For your convenience, we’ve outlined the documents enclosed.



ACTION NEEDED FROM YOU! – Here are a few item(s) that need your immediate attention. Please
return these at your earliest convenience. Failure to submit the requested information could lead to an
increase of your policy premium. If you have already provided this information to your agent, please
disregard this section.
o Signed Application
o Proof of Residency
Important Message!
o Your first installment is due 21 days from the policy effective date
Included in this packet… - Please review the information contained in this packet:
o
o
o
Your Declarations Page
Your Insurance Identification Cards
Your Policy Contract
Please take a moment to verify that the information is correct, and then store your documents in a safe place.
Thank you again for choosing National General Insurance. We appreciate your business!
Email: [email protected]  Fax: 1-877-849-9022  Phone: 1-877-468-3466
Visit us at www.NationalGeneral.com
10046 (02012012)
0000000911560600010091110550004154002030019000010002
National General Insurance Group
Privacy Notice
The National General Insurance Group* is giving you this notice to tell you how we may collect and share
nonpublic personal information about you and the accounts you have with a company (or companies) in the
National General Insurance Group. This notice also advises you of your right to keep this information from being
shared with affiliates of the National General Insurance Group** or other business associates (non-affiliates)
under certain circumstances and your right to limit marketing, in some cases.
What Nonpublic Personal Information Do We Collect About You?
We collect non-public personal information about you from the following sources:



Information we receive from you, such as information on applications or other forms, which may include
your name, address, e-mail address, social security number and driving history.
Information about your transactions with us, our affiliates, or others, such as your account balance and
payment history.
Information we receive from outside sources such as consumer reporting agencies, insurance agencies
and state motor vehicle departments which may provide information on your credit history, credit score,
driving and accident history, or prior insurance coverage in place.
How Do We Protect The Information That We Collect About You and Your Accounts?
To protect the privacy and security of nonpublic personal information we collect about you, we restrict access to
the information to our employees, agents and subcontractors who need this information to provide products and
services to you. We maintain physical, electronic, and procedural safeguards that comply with applicable federal
and state laws and regulations to guard your non-public personal information. We strive to keep our information
about you accurate. If you tell us of an error, we update our records promptly. If you wish to review or correct
personal information on your account, please write to us at the address on your account statement or other
account materials.
Do We Share The Information We Collect About You and Your Accounts?
Yes, to provide you with superior service, inform you of product and service opportunities that may be of interest
to you, or for other business purposes, we may share all of the nonpublic personal information we collect about
you and your accounts, as described above, as permitted by law. Our sharing of information about you is subject
to Your Rights, described below.
For Vermont Residents Only: Based on Vermont law, we do not share nonpublic personal information about
you with affiliates or non-affiliated third parties, other than as permitted by law. We automatically treat your
accounts as if you made the Information Sharing and Affiliate Marketing opt out elections described below.
What Types of Affiliates and Non-affiliated Third Parties Do We Share Information About You With?
Subject to Your Rights, detailed below, we may share nonpublic personal information about you with the
following types of affiliates and non-affiliated third parties:





Financial service providers, such as, credit card issuers, insurance companies, and insurance agents.
Non-financial companies, such as credit reporting agencies, manufacturers, motor vehicle dealers,
retailers, direct marketers, telecommunications companies, airlines, and publishers.
Companies that perform marketing services on our behalf or with other institutions with which we have
joint marketing agreements.
Others, such as educational institutions.
We may also share nonpublic personal information about you with affiliates and non-affiliated third
parties, as permitted by law.
*Reference to the National General Insurance Group in this notice includes the following companies: National General Insurance
Company, National General Assurance Company, National General Insurance Online, Inc., Integon Casualty Insurance Company, Integon
General Insurance Corporation, Integon Indemnity Corporation, Integon National Insurance Company, Integon Preferred Insurance Company,
New South Insurance Company, MIC General Insurance Corporation, Home State County Mutual Insurance Company – (Administered by
Integon National Insurance Company, National General Insurance Company, or Imperial Fire & Casualty Insurance Company), National
General Motor Club, Inc., National Health Insurance Company, Agent Alliance Insurance Company, National General Premier Insurance
Company, Imperial Fire & Casualty Insurance Company, Adirondack Insurance Exchange, Mountain Valley Indemnity Company, New Jersey
Skylands Insurance Association, New Jersey Skylands Insurance Company, and Century-National Insurance Company.
**Affiliates of the National General Insurance Group include: companies in the National General Insurance Group referenced in this
notice, and companies that now or in the future control, are controlled by, or are under common control with a company in the National
General Insurance Group.
06159 (08012016)
Do We Share Information About Former Customers?
Yes, subject to Your Rights - detailed below, we may share all of the nonpublic personal information described
above about our former customers with the same types of affiliates and non-affiliated third parties, as described
above, as permitted by law.
0000000911560700010091110550004154002030019000020002
Your Rights:
Information Sharing

If you want a company in the National General Insurance Group not to share nonpublic personal
information about you with affiliates, non-affiliated third parties, or both, you may opt out of Information
Sharing. That is, you may direct the company in the National General Insurance Group not to share
information (other than as permitted by law). Information Sharing permitted by law includes, for example,
sharing with companies that work for a company in the National General Insurance Group to provide the
product or services you request and sharing with affiliates information about our transactions or
experiences with you for everyday business purposes.
 Your Information Sharing opt out direction will apply to nonpublic personal information, as described
above, that the company in the National General Insurance Group has collected about you and your
existing accounts.
Affiliate Marketing


Federal law gives you the right to limit some but not all marketing from the companies in the National
General Insurance Group and their affiliates. You may limit companies in the National General Insurance
Group and their affiliates from marketing their products or services to you based on nonpublic personal
information about you that they receive from a company in the National General Insurance Group.
This information includes income, account information, credit history, and payment history.
Your choice to limit Affiliate Marketing will apply to nonpublic information about you and your existing
account.
How to Opt Out of Information Sharing or Limit Affiliate Marketing:

If you wish to opt out of Information Sharing with affiliates, or with non-affiliated third parties, or with both,
or to limit Affiliate Marketing, other than as permitted by law, please complete the form below and return it
to the following address:
National General Insurance
PO Box 3199
Winston Salem, NC 27102-3199


Each time you establish a new account with a company in the National General Insurance Group, you will
receive a privacy notice and an opportunity to opt out of Information Sharing and limit Affiliate Marketing
for that account, as permitted by law.
If you have a joint account with another person, either of you may opt out of Information Sharing or limit
Affiliate Marketing (other than as permitted by law) for both of you.
I direct my information not be shared with affiliates or with non-affiliated third parties, and to limit Affiliate
Marketing, other than as permitted by law.
Jeffrey Brown
Named Insured
2004790386
Account (Policy) Number:
Signature
Date
Co-Named Insured
Signature
Date
Note: No action is required if you wish to permit information sharing as described in this notice. If you have
already told us not to share your information on this account, you do not need to tell us again.
06159 (08012016)
PO Box 3199
Winston Salem, NC 27102-3199
Important Notice to New York Policyholders
Accident Prevention Course Credit
If the principal operator of a vehicle on your policy has successfully completed an Accident Prevention Course approved
by the Department of Motor Vehicles, a premium credit may be applied to your policy. The credit applies to the Bodily
Injury, Property Damage, Personal Injury Protection (No-Fault) and Collision Coverage.
To receive this credit:
 a certificate of completion from an approved course* must be provided; and
 the course must have been completed within the last three years.
Current listings of approved course providers and additional information are available through the New York DMV (you
may access the New York DMV website or call them directly).
06643 (10012015)
IDBEGINS
Thank you for insuring with us! Here are your identification cards for proof of insurance.
FS-20
NEW YORK STATE INSURANCE IDENTIFICATION CARD
766 National General Insurance
Name & Address of Issuer
National General Insurance Online, Inc.
PO Box 3199
Winston Salem, NC 27102-3199
An authorized NEW YORK insurer has issued an Owner’s Policy of
Liability Insurance complying with Article 6 (Motor Vehicle Financial
Security Act) of the NEW YORK Vehicle and Traffic Law to:
BROWN,JEFFREY
BROWN,ALEXANDER
APT LB
3611 HENRY HUDSON PKY
RIVERDALE, NY 10463
POLICY NUMBER
2004790386
EFFECTIVE DATE
EXPIRATION DATE
03/17/2017
03/17/2018
12:01 A.M.
12:01 A.M.
(Not acceptable to obtain registration after
45 days from effective date.)
Applicable with respect to the following
Motor Vehicle:
2008
TOYT
Year
Make
4T1FA38P98U155270
Vehicle Identification Number
Glass Claims: <1-800-414-8844>
Report all accidents immediately to:
National General Insurance Online, Inc.
Toll free at: 1-800-468-3466
THIS ID CARD MUST BE CARRIED
IN THE INSURED VEHICLE FOR
PRODUCTION UPON DEMAND.
WARNING: Any person who issues
or produces an ID card knowing that
an Owners Policy of Insurance is not
in effect may be committing a
misdemeanor. In addition, a person
who presents an ID card if insurance
is not in effect may be committing a
misdemeanor.
The name of the registrant and the
name of the insured must coincide.
REPLACEMENT VEHICLE NOTATION:
DMV WILL ONLY PROCESS A VEHICLE
CHANGE (RE-REGISTRATION) USING
THE REPLACED VEHICLE’S CURRENT
REGISTRATION.
MOD: 00
10324(01012011)
Cut On Dashed Line – Store in Vehicle
FS-20
NEW YORK STATE INSURANCE IDENTIFICATION CARD
766 National General Insurance
Name & Address of Issuer
National General Insurance Online, Inc.
PO Box 3199
Winston Salem, NC 27102-3199
An authorized NEW YORK insurer has issued an Owner’s Policy of
Liability Insurance complying with Article 6 (Motor Vehicle Financial
Security Act) of the NEW YORK Vehicle and Traffic Law to:
BROWN,JEFFREY
BROWN,ALEXANDER
APT LB
3611 HENRY HUDSON PKY
RIVERDALE, NY 10463
POLICY NUMBER
2004790386
EFFECTIVE DATE
EXPIRATION DATE
03/17/2017
03/17/2018
12:01 A.M.
12:01 A.M.
(Not acceptable to obtain registration
after 45 days from effective date.)
Applicable with respect to the following
Motor Vehicle:
2008
TOYT
Year
Make
4T1FA38P98U155270
Vehicle Identification Number
Glass Claims: <1-800-414-8844>
Report all accidents immediately to:
National General Insurance Online, Inc.
Toll free at: 1-800-468-3466
THIS ID CARD MUST BE CARRIED IN
THE INSURED VEHICLE FOR
PRODUCTION UPON DEMAND.
WARNING: Any person who issues or
produces an ID card knowing that an
Owners Policy of Insurance is not in
effect may be committing a
misdemeanor. In addition, a person who
presents an ID card if insurance is not in
effect may be committing a
misdemeanor.
The name of the registrant and the name
of the insured must coincide.
REPLACEMENT VEHICLE NOTATION: DMV
WILL ONLY PROCESS A VEHICLE CHANGE
(RE-REGISTRATION) USING THE
REPLACED VEHICLE’S CURRENT
REGISTRATION.
MOD: 00
10324(01012011)
FAX: Scanable Bar Code
FAX INSTRUCTIONS:
1.
2.
3.
4.
IDENDS
The entire page must be faxed
If submitted to DMV, either the entire page or the second ID card
and large scanable bar code will be retained.
A faxed ID Card must be replaced with a scanable ID Card within
14 days of the effective date.
DMV will not accept a faxed ID card without a scanable barcode.
IDBEGINS
Thank you for insuring with us! Here are your identification cards for proof of insurance.
FS-20
NEW YORK STATE INSURANCE IDENTIFICATION CARD
766 National General Insurance
Name & Address of Issuer
National General Insurance Online, Inc.
PO Box 3199
Winston Salem, NC 27102-3199
An authorized NEW YORK insurer has issued an Owner’s Policy of
Liability Insurance complying with Article 6 (Motor Vehicle Financial
Security Act) of the NEW YORK Vehicle and Traffic Law to:
BROWN,JEFFREY
BROWN,ALEXANDER
APT LB
3611 HENRY HUDSON PKY
RIVERDALE, NY 10463
POLICY NUMBER
2004790386
EFFECTIVE DATE
EXPIRATION DATE
03/17/2017
03/17/2018
12:01 A.M.
12:01 A.M.
(Not acceptable to obtain registration after
45 days from effective date.)
Applicable with respect to the following
Motor Vehicle:
1995
LEXS
Year
Make
JT8GK13T9S0090674
Vehicle Identification Number
Glass Claims: <1-800-414-8844>
Report all accidents immediately to:
National General Insurance Online, Inc.
Toll free at: 1-800-468-3466
THIS ID CARD MUST BE CARRIED
IN THE INSURED VEHICLE FOR
PRODUCTION UPON DEMAND.
WARNING: Any person who issues
or produces an ID card knowing that
an Owners Policy of Insurance is not
in effect may be committing a
misdemeanor. In addition, a person
who presents an ID card if insurance
is not in effect may be committing a
misdemeanor.
The name of the registrant and the
name of the insured must coincide.
REPLACEMENT VEHICLE NOTATION:
DMV WILL ONLY PROCESS A VEHICLE
CHANGE (RE-REGISTRATION) USING
THE REPLACED VEHICLE’S CURRENT
REGISTRATION.
MOD: 00
10324(01012011)
Cut On Dashed Line – Store in Vehicle
FS-20
NEW YORK STATE INSURANCE IDENTIFICATION CARD
766 National General Insurance
Name & Address of Issuer
National General Insurance Online, Inc.
PO Box 3199
Winston Salem, NC 27102-3199
An authorized NEW YORK insurer has issued an Owner’s Policy of
Liability Insurance complying with Article 6 (Motor Vehicle Financial
Security Act) of the NEW YORK Vehicle and Traffic Law to:
BROWN,JEFFREY
BROWN,ALEXANDER
APT LB
3611 HENRY HUDSON PKY
RIVERDALE, NY 10463
POLICY NUMBER
2004790386
EFFECTIVE DATE
EXPIRATION DATE
03/17/2017
03/17/2018
12:01 A.M.
12:01 A.M.
(Not acceptable to obtain registration
after 45 days from effective date.)
Applicable with respect to the following
Motor Vehicle:
1995
LEXS
Year
Make
JT8GK13T9S0090674
Vehicle Identification Number
Glass Claims: <1-800-414-8844>
Report all accidents immediately to:
National General Insurance Online, Inc.
Toll free at: 1-800-468-3466
THIS ID CARD MUST BE CARRIED IN
THE INSURED VEHICLE FOR
PRODUCTION UPON DEMAND.
WARNING: Any person who issues or
produces an ID card knowing that an
Owners Policy of Insurance is not in
effect may be committing a
misdemeanor. In addition, a person who
presents an ID card if insurance is not in
effect may be committing a
misdemeanor.
The name of the registrant and the name
of the insured must coincide.
REPLACEMENT VEHICLE NOTATION: DMV
WILL ONLY PROCESS A VEHICLE CHANGE
(RE-REGISTRATION) USING THE
REPLACED VEHICLE’S CURRENT
REGISTRATION.
MOD: 00
10324(01012011)
FAX: Scanable Bar Code
FAX INSTRUCTIONS:
1.
2.
3.
4.
IDENDS
The entire page must be faxed
If submitted to DMV, either the entire page or the second ID card
and large scanable bar code will be retained.
A faxed ID Card must be replaced with a scanable ID Card within
14 days of the effective date.
DMV will not accept a faxed ID card without a scanable barcode.
Policy Number:
2004790386
Named Insured:
JEFFREY BROWN
[email protected]
Policy Period:
3/17/2017 - 3/17/2018
PO Box 3199 ● Winston Salem, NC 27102-3199
JEFFREY BROWN
APT LB
3611 HENRY HUDSON PKY
RIVERDALE NY 10463
NOIBM
Date of Notice
3/16/2017
12:01 A.M.
Policy Underwritten By:
National General Insurance Online, Inc.
24 Hour Claim Reporting: 1-800-468-3466
For Policy Information: 1-877-468-3466
www.NationalGeneral.com
Your Agent:
Select Insurance Agency Inc
676A White Plains Rd
Scarsdale NY 10583-5008
(914) 395-3131
NY PERSONAL AUTO DECLARATIONS PAGE
New Business Effective 3/17/2017
Drivers and Household Residents
#1
#2
Jeffrey Brown
Driver Status
License #
Rated Driver
XXXX8180
Accidents/Violations Description
#5
Date:10/13/2016
Alexander Brown
Driver Status
License #
Rated Driver
XXXX4799
Lic. State
NY
Date of Birth
7/17/1961
Gender
Male
Marital Status
Separated
Driver Pts
1
Yrs. Licensed
10
Date of Birth
11/10/1998
Gender
Male
Marital Status
Single
Driver Pts
0
Yrs. Licensed
1
Conviction
Lic. State
NY
Insured Vehicle(s) and Schedule of Coverages
#1 2008 TOYT CAMRY SO
Usage: Pleasure/Commute
Garaging Location: 10463
Coverages Provided
Bodily Injury Without SSL
Property Damage
Medical Payments
Supplementary Uninsured/Underinsured Motorist Bodily Injury
Rental Vehicle Coverage
Mandatory Personal Injury Protection
Additional Personal Injury Protection
Optional Basic Economic Loss
Monthly Work Loss
Other Expenses (Per Day)
Death Benefits
Aggregate No-fault Benefits Available
PIP Deductible
Other Than Collision
Collision
Towing & Labor
#2 1995 LEXS ES 300
Usage: Pleasure/Commute
10039NY (03012010)
VIN: 4T1FA38P98U155270-FDA0A6
Limits / Deductibles
$100,000 Each Person / $300,000 Each Accident
$100,000 Each Accident
$10,000 Each Person / Each Accident
$100,000 Each Person / $300,000 Each Accident
Included
$50,000
$50,000
$25,000
$4,000
$50
$2,000
$125,000
$200 Per Occurrence
$500 Deductible (Full Glass Coverage)
No Coverage
$75 Each Occurrence, $450 Each Term
Total For This Vehicle
VIN: JT8GK13T9S0090674-AFA5B3
Premium
$789.00
$353.00
$3.00
$47.00
Included
$680.00
$59.00
$21.00
Included
Included
Included
$760.00
$358.00
$7.00
$2,317.00
Garaging Location: 10463
Coverages Provided
Bodily Injury Without SSL
Property Damage
Medical Payments
Supplementary Uninsured/Underinsured Motorist Bodily Injury
Rental Vehicle Coverage
Mandatory Personal Injury Protection
Additional Personal Injury Protection
Optional Basic Economic Loss
Monthly Work Loss
Other Expenses (Per Day)
Death Benefits
Aggregate No-fault Benefits Available
PIP Deductible
Other Than Collision
Collision
Towing & Labor
Limits / Deductibles
$100,000 Each Person / $300,000 Each Accident
$100,000 Each Accident
$10,000 Each Person / Each Accident
$100,000 Each Person / $300,000 Each Accident
Included
$50,000
$50,000
$25,000
$4,000
$50
$2,000
$125,000
$200 Per Occurrence
$500 Deductible (Full Glass Coverage)
No Coverage
$75 Each Occurrence, $450 Each Term
Total For This Vehicle
Premium
$1,790.00
$776.00
$3.00
$44.00
Included
$678.00
$58.00
$21.00
Included
Included
Included
$757.00
Combined Vehicle Premium
Law Enforcement Charge
Law Enforcement Charge
Total 12 Month Policy Premium
$6,065.00
$10.00
$10.00
$6,085.00
$371.00
$7.00
$3,748.00
Discounts Applied
Policy Level
Vehicle Level
#1
#2
#2
#1
#2
#1
#1
Driver Level
#1
#2
Multi-Car Discount
$1,125.00
Anti-lock Brakes Discount
Anti-lock Brakes Discount
Anti-theft Discount
Anti-theft Discount
Passive Restraint Discount
Passive Restraint Discount
Daytime Running Lights Discount
$95.00
$171.00
$39.00
$38.00
$83.00
$82.00
$57.00
Defensive Driver Discount
Defensive Driver Discount
$192.00
$350.00
Inexperienced Operator (1 to 3 years)
Surcharge premium Included as a result of accidents/violations
$647.00
$123.00
Surcharges Applied
Driver Level
#2
Important Notice
The maximum amount payable under SUM coverage shall be the policy's SUM limits reduced and thus offset by the motor vehicle bodily injury
liability insurance policy or bound payments received from, or on behalf of, any negligent party involved in the accident, as specified in the SUM
endorsement.
The limits/deductibles and premium listed for the Aggregate No-fault Benefits coverage is the combined sum of Mandatory Personal Injury
Protection, Additional Personal Injury Protection and/or Optional Basic Economic Loss coverage(s), if selected on your policy.
Additional Policy Information
Tier
Vehicle
#1
#2
9
Rating Territory
78
78
Disclosure of Possible Additional Charges
The amounts below are authorized for use in this state. However, they are only charged if they apply to your policy.
10039NY (03012010)
Cancellation Charge
Convenience Fee
Late Charge
Nonsufficient Funds Charge
$50.00
$3.00
$13.00
$20.00
Forms and Endorsements
Endorsement
00179
01769
02086
03438
03440
06608
06669
06877
07490
10468
10467
10469
Edition
10012013
01012011
01012011
11011991
01012011
04012003
10012013
08012001
01012011
01012011
01012011
01012011
AMENDMENT OF POLICY PROVISIONS
RENTAL VEHICLE COVERAGE
ADDED PERSONAL INJURY PROTECTION COVERAGE
OPTIONAL BASIC ECONOMIC LOSS COVERAGE
MANDATORY PERSONAL INJURY PROTECTION COVERAGE
SUPPLEMENTAL SPOUSAL LIABILITY COVERAGE EXCLUSION
SUM COVERAGE
FULL WINDOW GLASS COVERAGE
TOWING & LABOR COVERAGE
PERSONAL AUTO POLICY COVER PAGE
PERSONAL AUTO POLICY-SIGNATURE PAGE
PERSONAL AUTO POLICY
Authorized Signature
10039NY (03012010)
The following disclosure is provided pursuant to Insurance Department Regulation No. 194 (11 NYCRR 30.1 et seq.):
National General Insurance Online, Inc. (“the producer”) is an insurance producer licensed by the State of New York.
Insurance producers are authorized by their license to confer with insurance purchasers about the benefits, terms and
conditions of insurance contracts; to offer advice concerning the substantive benefits of particular insurance contracts; to
sell insurance; and to obtain insurance for purchasers. The role of the producer in any particular transaction typically
involves one or more of these activities.
Compensation will be paid to the producer, based on the insurance contract the producer sells. Depending on the
insurer(s) and insurance contract(s) the purchaser selects, compensation will be paid by the insurer(s) selling the
insurance contract or by another third party. Such compensation may vary depending on a number of factors, including
the insurance contract(s) and the insurer(s) the purchaser selects. In some cases, other factors such as the volume of
business a producer provides to an insurer or the profitability of insurance contracts a producer provides to an insurer also
may affect compensation.
The insurance purchaser may obtain information about compensation expected to be received by the producer based in
whole or in part on the sale of insurance to the purchaser, and (if applicable) compensation expected to be received
based in whole or in part on any alternative quotes presented to the purchaser by the producer, by requesting such
information from the producer.
01762 (01012011)
UNDERWRITING NOTICE
Policyholder's Name: Jeffrey Brown
Policy Number: 2004790386
Company Name: National General Insurance Online, Inc.
Date: 3/16/2017
Dear Jeffrey Brown,
As you may know, automobile insurers underwrite and rate applicants and policyholders on the basis of a variety of
factors - traffic violations, accident history, number of years you have driven, vehicle type, etc. By considering these
factors we can most accurately underwrite your policy and offer the greatest number of applicants and policyholders
the best available rates.
Another factor we consider is your insurance credit score. Independent studies indicate that an insurance credit score
is an extremely reliable predictor of automobile insurance losses. Taking this additional information into account also
helps us to provide you with the most accurate and fair rate.
Some of the information used to underwrite and rate your policy comes from reports we receive from third parties.
These third parties are commonly referred to as "consumer reporting agencies" and the information we receive from
these agencies is commonly referred to as a "consumer report".
This Notice is to let you know that the following information contained in a consumer report affected your premium
with regard to your insurance. This information was received from the consumer reporting agency shown below.
Your Motor Vehicle Record (traffic violations and accident history) was used to determine your rate. Your Motor
Vehicle Record adversely affected your rate and was based on the following information contained in the Motor
Vehicle Record:
DRIVER NAME
INCIDENT
Jeffrey Brown
Alcohol Related Convictions
INCIDENT/CONVICTION
DATE
10/13/2016
The consumer reporting agency played no part in the decision to take this action with respect to your insurance and
will be unable to give you the specific reasons for what we did.
You have the right to request a free copy of your consumer report from the consumer reporting agency. Your request
must be made within 60 days of receiving this notice. You also have the right to dispute with the consumer reporting
agency the accuracy or completeness of any information in your consumer report. Please note: we played no role in
the makeup of your consumer report.
You may contact the consumer reporting agency by writing or calling them at the following address:
For Motor Vehicle Record Information:
LexisNexis Consumer Service Center
P.O. Box 105108
Atlanta, GA 30348-5108
1-800-456-6004
www.consumerdisclosure.com
In addition, upon your request, you may obtain the specific information supporting our reasons for this action, if the
information is not stated above, and you may review your information contained in our records provided the
information is not protected from disclosure by law.
You may also request that we correct, change or delete any incorrect information. You may also file a statement
setting forth what you think is the correct information and why you disagree with any refusal to correct the information.
To do so, send a written request to our Customer Service Department describing the kind of information you want to
review. Include your full name, address, policy number and either your date of birth, social security number or driver's
license number.
If you have any questions concerning our use of your consumer report information, please call us at 1-877-468-3466
or you may contact your state insurance department.
01815 (05012010)
National General Insurance Online, Inc.
This Endorsement Applies Only If
Form Number 00179 (10012013) Appears in the Declarations.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT OF POLICY PROVISIONS – NEW YORK
Coverage is provided under this endorsement only when noted in the Declarations of this policy.
All the provisions of this policy apply to the coverage provided by this endorsement except as modified herein.
DEFINITIONS
c.
Definition "Q" is deleted and replaced with the following:
d. loss; or
Q. "Your covered auto" means:
e. destruction.
servicing;
1. any auto shown in the Declarations.
PART A - LIABILITY COVERAGE
2. any of the following types of vehicles on the date
you become the owner, but only if you have
asked us to insure it as set forth below:
Part A. is amended as follows:
a. private passenger auto that has a Gross
Vehicle Weight as specified by the
manufacturer of less than 10,000 pounds;
b. a recreational vehicle; or
c.
a vehicle with a Gross Vehicle Weight of
10,000 pounds or more used exclusively to
tow your recreational vehicle for personal
recreational use.
If the auto you acquire replaces an auto shown
in the Declarations, it will have the same
coverage as the auto it replaced if you:
a. acquire the auto during the policy period;
and
b. it is not insured under any other auto
insurance policy.
If the auto you acquire is in addition to any
shown in the Declarations, it will have the
broadest coverage we now provide for any auto
shown in the Declarations if you:
a. acquire the auto during the policy period;
and
b. it is not insured under any other auto
insurance policy.
3. Any trailer you own:
a. While attached to your covered auto; and
b. Not used in a business; and
c.
That is not insured under any other auto
insurance policy
4. Any auto or trailer not owned by you, while
used on a temporary basis as a substitute for
any other auto described in this definition, which
is out of normal use because of its:
a. breakdown;
b. repair;
A. The following sentence is added to the "Insuring
Agreement" paragraph:
"Defense must be provided even if claim is
groundless."
B. The following provision is added to the
Supplementary Payments section:
7. All costs taxed against an insured in any suit
we defend.
C. The following Exclusions are removed:
9. Bodily injury or property damage for which an
insured:
a. is an insured under 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.
For the purpose of this exclusion a nuclear
energy liability policy means 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. Bodily injury or property damage arising out
of the ownership, maintenance, or use of:
a. a motorcycle or any motorized vehicle
having fewer than four wheels or more than
six wheels; or
b. an all-terrain vehicle regardless of the
number of wheels it has; or
c.
any self-propelled vehicle not licensed for
use on public roads; or
d. any vehicle weighing 10,000 or more
pounds other than your covered auto.
11. Bodily injury or property damage arising out
of any person's liability for the ownership,
maintenance, or use of your covered auto
when it:
5. liability arising out of the ownership or operation
of an auto while it is being used to carry persons
for compensation or a fee. This exclusion does
not apply to a share-the expense car pool.
a. is being rented or leased to others; or
16. bodily injury or property damage caused by or
any consequence of any:
b. has been sold to another; or
c.
is under a conditional sales agreement by
you to another.
12. Bodily injury or property damage arising out
of the ownership, maintenance, or use of an
auto while it is being operated in or while in
practice or preparation for any prearranged or
organized:
a. race event;
b. hill climb;
c.
demonstration;
d. speed contest;
e. stunting contest; or
f.
performance contest.
15. Bodily injury or property damage to any
person while occupying any auto:
a. being used in unlawful activity (other than a
traffic violation), illicit trade or transportation;
or
b. used or operated in an attempt to flee a law
enforcement agent;
and such person is a willing participant in such
activity listed in a. or b. above.
17. Bodily injury or property damage arising out
of the ownership, maintenance, or use of your
covered auto as a residence or premises.
D. Exclusions 3, 5 and 16 are deleted and replaced as
follows:
3. property damage to property:
a. rented to;
b. used by; or
c.
in the care, custody, or control of;
an insured.
This exclusion does not apply to property
damage:
a. war, whether declared or undeclared;
b. civil war;
c.
insurrection;
d. rebellion or revolution;
E. The Limit of Liability Section is replaced by the
following: SPLIT LIABILITY LIMITS - NEW YORK
A. If the limit of Bodily Injury Liability shown in the
Declarations is equal to or greater than:
1. $100,000 each person; and
2. $200,000 each accident;
the Limit of Liability provision is the following:
LIMIT OF LIABILITY
The limit of liability shown in the Declarations for
this coverage is our maximum limit of liability for
all damages resulting from any one auto
accident. The limit of:
1. Bodily Injury Liability shown in the
Declarations for :
a. each person is our maximum limit of
liability for all damages for bodily injury
or death sustained by any one person in
any one auto accident; and
b. each accident is our maximum limit of
liability for all damages for bodily injury
or death in any one auto accident,
subject to the limit of each person.
2. Property Damage Liability shown in the
Declarations for each accident is our
maximum limit of liability for all damages to
all property resulting from any one auto
accident.
We will apply the limit of Bodily Injury Liability to
first provide the separate limits required by the
laws of New York.
This provision will not change our total limit of
liability. This is the most we will pay regardless
of the number of:
1. Covered persons;
1. rented to;
2. Claims made;
2. owned by; or
3. Vehicles or premiums shown in the
Declarations; or
3. furnished or available for the regular use of:
You or any family member, if the vehicle is one
of the following:
1. private passenger autos,
2. trailers; or
3. pickups or vans.
4. Vehicles involved in the auto accident.
B. If the limit of Bodily Injury Liability shown in the
Schedule or in the Declarations is less than:
1. $100,000 each person; and
2. $200,000 each accident,
the Limit of Liability provision is the following:
LIMIT OF LIABILITY
PART B - MEDICAL PAYMENTS COVERAGE
The limit of liability shown in the Declarations for
this coverage is our maximum limit of liability for
all damages resulting from any one auto
accident. The limit of liability for:
OTHER INSURANCE
1. Bodily Injury Liability shown in the
Declarations for :
a. each person is our maximum limit of
liability for all damages for bodily injury
not resulting in death sustained by any
one person in any one auto accident;
and
b. each accident is our maximum limit of
liability for all damages for bodily injury
not resulting in death in any one auto
accident, subject to the limit of each
person.
2. Property Damage Liability shown in the
Declarations for each accident is our
maximum limit of liability for all damages to
all property resulting from any one auto
accident.
We will apply the limit of Bodily Injury Liability to
first provide the separate limits required by the
laws of New York.
This provision will not change our total limit of
liability.
In addition, our limit of liability for bodily injury
resulting in death is as follows:
1. Up to $50,000 for bodily injury resulting in
death of any one person in any one auto
accident; and
2. Up to $100,000 for bodily injury resulting in
death of two or more people in any one
accident, subject to a $50,000 maximum for
any one person.
The amounts provided in this entire provision
are 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 auto accident.
F. FINANCIAL RESPONSIBILITY REQUIRED
This section is deleted and replaced with the following:
When this policy is certified as proof of financial
responsibility, this policy will comply with the law to the
extent required.
This section is deleted and replaced with the following:
If there is other applicable auto medical payments
insurance, we will pay only our share of the damages.
Our share is the proportion that our limit of liability bears
to the total of all applicable limits.
PART C - UNINSURED MOTORISTS COVERAGE
Part C. is deleted and replaced with the following:
INSURING AGREEMENTS
We, the Company, agree with you, as the named
insured, in return for the payment of the premium for
this coverage to provide you with Uninsured Motorist
(UM) Coverage, subject to the following terms and
conditions:
1. Damages for Bodily Injury Caused by Uninsured
Motor Vehicles. We will pay all sums which the
insured, as defined herein, or the insured's legal
representative shall be legally entitled to recover as
damages from the owner or operator of an
uninsured motor vehicle because of bodily injury
sustained by the insured and caused by an
accident arising out of such uninsured motor
vehicle's ownership, maintenance or use, subject to
the Exclusions, Conditions, Limits and other
provisions of this UM endorsement; provided, for the
purposes of this coverage, determination as to
whether the insured or the insured's representative
is legally entitled to recover such damages, and if
so, the amount thereof shall be made by agreement
between the insured or the insured's
representative and us or, if they fail to agree, by
arbitration.
2. Definitions: For the purposes of this UM
endorsement, the following terms shall have the
following meanings:
(a) Insured. The unqualified word "insured"
means:
(1) You, as the named insured and, while
residents of the same household, your
spouse and the relatives of either you or
your spouse;
(2) Any other person while occupying:
(i) A motor vehicle owned by the named
insured or, if the named insured is an
individual, such spouse and used by or
with the permission of either, or
(ii) Any other motor vehicle while being
operated by the named insured or such
spouse, except a person occupying a
motor vehicle not registered in the State
of New York, while used as a public or
livery conveyance; and
(3) Any person, with respect to damages such
person is entitled to recover because of
bodily injury to which this coverage applies
sustained by an insured under
subparagraphs (1) or (2) above.
(b) Uninsured Motor Vehicle. The term
"uninsured motor vehicle" means a motor
vehicle that through its ownership, maintenance
or use, results in bodily injury to an insured,
and for which:
(1) No bodily injury liability insurance policy or
bond applies to such vehicle (including a
vehicle that was stolen, operated without the
owner's permission, or unregistered) at the
time of the accident; or
(2) Neither the owner nor driver can be
identified, including a hit-and-run vehicle,
and which causes bodily injury to an
insured by physical contact with the
insured or with a motor vehicle occupied
by the insured at the time of the accident,
provided that:
(i) The insured or someone on the
insured's behalf shall have reported the
accident within 24 hours or as soon as
reasonably possible to a police, peace
or judicial officer or to the Commissioner
of Motor Vehicles and shall have filed
with us a statement under oath that the
insured or the insured's legal
representative has a cause or causes of
action arising out of such accident for
damages against a person or persons
whose identity is unascertainable and
setting forth the facts in support thereof;
and
(ii) At our request, the insured or the
insured's legal representative makes
available for inspection the motor
vehicle the insured was occupying at
the time of the accident, or
(3) There is bodily injury liability insurance
coverage or bond applicable to such motor
vehicle at the time of the accident, but:
(i) The amount of such insurance coverage
or bond is less than the UM limits of this
policy; or
(ii) The insurer writing such insurance
coverage or bond denies coverage.
(4) The term uninsured motor vehicle does
not include a motor vehicle that is:
(iii) Self-insured within the meaning of the
financial responsibility law of the state in
which the motor vehicle is registered, or
any similar state or federal law, to the
extent that the required amount of such
coverage is equal to, or greater than,
the UM limits of this policy; or
(iv) Owned by the United States of America,
Canada, a state, a political subdivision
or any such government, or an agency
of any of the foregoing; or
(v) A land motor vehicle or trailer, while
located for use as a residence or
premises and not as a vehicle, or while
operated on rails or crawler-treads; or
(vi) A farm type vehicle or equipment
designed for use principally off public
roads, except while actually upon public
roads.
(c) Hit-and-Run Vehicle. The term "hit-and-run
vehicle" means a motor vehicle which causes
bodily injury to an insured arising out of
physical contact of such motor vehicle with the
insured or with a motor vehicle which the
insured is occupying at the time of the
accident, provided:
(1) there cannot be ascertained the identity of
either the operator or the owner of such hitand-run motor vehicle;
(2) the insured or someone on his or her behalf
shall have reported the accident within 24
hours or as soon as reasonably possible to
a police, peace or judicial officer or to the
Commissioner of Motor Vehicles, and shall
have filed with the company within 90 days
thereafter a statement under oath that the
insured or his legal representative has a
cause or causes of action arising out of such
accident for damages against a person or
persons whose identity is unascertainable,
and setting forth the facts in support thereof;
and
(3) at our request, the insured or his or her
legal representative makes available for
inspection the motor vehicle which the
insured was occupying at the time of the
accident.
(d) Bodily Injury. The term bodily injury means
bodily harm, including sickness, disease or
death resulting therefrom.
(i) Insured under the liability coverage of
this policy; or
(e) Occupying. The word occupying means in,
upon, entering into, or exiting from a motor
vehicle.
(ii) Owned by you, as the named insured
and, while residents of the same
household, your spouse and relatives of
either you or your spouse; or
(f) State. The term state includes the District of
Columbia, a territory or possession of the United
States, and a province of Canada.
3. Territory. The coverage provided by this UM
endorsement applies only to accidents which occur
within the State of New York.
EXCLUSIONS
This UM coverage does not apply:
1. To bodily injury to an insured while operating a
motor vehicle in violation of an order of suspension
or revocation, or to care or loss of services
recoverable by an insured because of such bodily
injury so sustained;
2. To bodily injury to an insured, or care or loss of
services recoverable by an insured, with respect to
which such insured, the insured's legal
representatives or any person entitled to payment
under this UM coverage shall, without our written
consent, make any settlement with or prosecute to
judgment any action against any person or
organization who may be legally liable therefore; but
this provision shall be subject to Condition 8 of this
UM endorsement.
3. To bodily injury to an insured incurred while
occupying a motor vehicle owned by that insured,
if such motor vehicle is not insured for at least the
minimum bodily injury liability limits and UM limits
required by law by the policy under which a claim is
made, or is not a newly acquired or replacement
motor vehicle covered under the terms of this policy.
4. So as to inure directly or indirectly to the benefit of
any workers' compensation or disability benefits
carrier or any person or organization qualifying as a
self-insurer under any workers' compensation or
disability benefits law or any similar law.
5. For noneconomic loss resulting from bodily injury
to an insured and arising from an accident in New
York State, unless the insured has sustained
serious injury as defined in Section 5102(d) of the
New York Insurance Law.
CONDITIONS
1. Policy Provisions. None of the Insuring
Agreements, Exclusions or Conditions of the policy
shall apply to this UM coverage except "Duties After
an Accident or Loss"; "Fraud," and "Termination", if
applicable.
2. Premium. If during the policy period the number of
motor vehicles owned by the named insured or
spouse and registered in New York or the number of
New York dealer's license plates or transporter
plates issued to the named insured changes, the
named insured shall notify us during the policy
period of any change and the premium shall be
adjusted as of the date of such change in
accordance with the manuals in use by us. If the
earned premium thus computed exceeds the
advance premium paid, the named insured shall
pay the excess to us; if less, we shall return to the
named insured the unearned portion paid by such
insured.
3. Notice and Proof of Claim. Within 90 days, or as
soon as practicable, the insured or other person
making claim shall give us written notice of claim
under this UM endorsement.
As soon as practicable after our written request, the
insured or other person making any claim shall give
us written proof of claim, under oath if required,
including full particulars of the nature and extent of
the injuries, treatment, and other details we need to
determine the UM amount payable hereunder.
The insured and every other person making claim
hereunder shall, as may reasonably be required,
submit to examinations under oath by any person
named by us and subscribe the same. Proof of
claim shall be made upon forms we furnish unless
we shall fail to furnish such forms within 15 days
after receiving notice of claim.
4. Medical Reports. The injured person shall submit to
physical examinations by physicians we select when
and as we may reasonably require. The insured, or
in the event of the insured's incapacity, such
insured's legal representative, or in the event of the
insured's death, the insured's legal representative
or the person or persons entitled to sue therefore,
shall upon our request authorize us, when and as
often as we may reasonably require, to obtain
relevant medical reports and copies of records.
5. Notice of Legal Action. If the insured or such
insured's legal representative brings any lawsuit
against any persons or organizations legally
responsible for the use of a motor vehicle involved in
the accident, a copy of the summons and complaint
or other process served in connection with the
lawsuit shall be forwarded immediately to us by the
insured or the insured's legal representative.
6. UM Limit of Liability. The UM limit payable under
this UM endorsement shall be:
(a) The limit of our liability for all damages,
including damages for care or loss of services,
because of bodily injury sustained by one
person as the result of any one accident is
$25,000 per person and, subject to this per
person limit, the total limit of our liability for all
damages, including damages for care or loss of
services, because of bodily injury sustained by
two or more persons, as the result of any one
accident is $50,000.
(b) If the bodily injury results in death, the limit of
our liability shall be $50,000 for such bodily
injury resulting in death sustained by one
person as the result of any one accident and,
subject to this limit for each person, $100,000 for
such bodily injury resulting in death sustained
by two or more persons as the result of any one
accident.
(c) Any amount payable under the terms of this UM
endorsement, including amounts payable for
care or loss of services, because of bodily
injury sustained by one person, shall be
reduced by:
(1) all sums paid to one or more insureds on
account of such bodily injury by or on
behalf of:
(a) the owner or operator of the uninsured
motor vehicle and
(b) any other person or persons jointly or
severally liable together with such owner
or operator for such bodily injury, and
(2) all sums paid to one or more insureds on
account of bodily injury sustained in the
same accident under any insurance or
statutory benefit similar to that provided by
this UM endorsement.
7. Other Insurance. With respect to bodily injury to
an insured while occupying a motor vehicle not
owned by the named insured, the coverage under
this UM endorsement shall apply only as excess
insurance over any other similar insurance available
to such insured and applicable to such motor
vehicle as primary insurance, and this UM
endorsement shall then apply only in the amount by
which the limit of liability for this coverage exceeds
the applicable limit of liability of such other
insurance.
Except as provided in the foregoing paragraph, if
there is other similar insurance available to the
insured and applicable to the accident, the
damages shall be deemed not to exceed the higher
of the applicable limits of liability of this coverage
and such other insurance, and we shall not be liable
for a greater proportion 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 UM endorsement and such other insurance.
8. Release or Advance. In accidents involving the
insured and one or more negligent parties, if such
insured settles with any such party for the available
limit of the motor vehicle bodily injury liability
coverage of such party, release may be executed
with such party after thirty calendar days actual
written notice to us, unless within this time period we
agree to advance such settlement amounts to the
insured in return for the cooperation of the insured
in our lawsuit on behalf of the insured.
We shall have a right to the proceeds of any such
lawsuit equal to the amount advanced to the
insured and additional amounts paid under this UM
coverage. Any excess above those amounts shall be
paid to the insured.
An insured shall not otherwise settle with any
negligent party, without our written consent, such
that our rights would be impaired.
9. Non-Duplication. This UM coverage shall not
duplicate any of the following:
(a) Benefits payable under workers' compensation
or other similar laws;
(b) Non-occupational disability benefits under article
nine of the Workers' Compensation Law or other
similar law;
(c) Any amounts recovered or recoverable pursuant
to article fifty-one of the New York Insurance
Law or other similar motor vehicle insurance
payable without regard to fault;
(d) Any valid or collectible motor vehicle medical
payments insurance; or
(e) Any amounts recovered as bodily injury
damages from sources other than motor vehicle
bodily injury insurance policies or bonds.
10. Arbitration. If we do not agree with the insured or
the insured's representative making claim
hereunder that the insured is legally entitled to
recover damages from the owner or operator of an
uninsured motor vehicle because of bodily injury
to the insured, or do not agree as to the amount of
payment which may be owing under this UM
endorsement, then, upon written demand of either
the claimant or us, the matter or matters upon which
we do not agree with such person shall be settled by
arbitration in accordance with the rules and
procedures of the American Arbitration Association
prescribed or approved by the Superintendent of
Financial Services for this purpose. Judgment upon
the award rendered by the arbitrators may be
entered in any court having jurisdiction thereof. Such
person and we each agree to consider itself bound
and to be bound by an award made by the
arbitrators pursuant to this UM endorsement.
11. Subrogation. If we make a payment under this UM
coverage, we have the right to recover the amount
of this payment from any person legally responsible
for the bodily injury or loss of the person to whom,
or for whose benefit such payment was made to the
extent of the payment. The insured or any person
acting on behalf of the insured must do whatever is
necessary to transfer this right of recovery to us.
Except as permitted by Condition 8, such person
shall do nothing to prejudice this right.
12. Payment of Loss by Company. We shall pay any
amount due under this UM endorsement to the
insured or, at our option, to a person authorized by
law to receive such payment or to a person legally
entitled to recover the damages which the payment
represents.
13. Action Against Company. No lawsuit shall lie
against us unless, as a condition precedent thereto,
the insured or the insured's legal representative
has first fully complied with all the terms of this UM
endorsement.
14. Assignment. Assignment of interest under this UM
endorsement shall not bind us until our consent is
endorsed hereon.
For each of the following which falls within the 3 day
period, we will extend that period 1 day:
15. Survivor Rights. If you or your spouse, if a
resident of the same household, dies, this UM
coverage shall cover:
b. Sunday; or
(a) The survivor as named insured,
a. Saturday;
c.
Legal Holiday.
3. When we require an inspection you must:
a. cooperate; and
(b) The decedent's legal representative as named
insured, but only while acting within the scope of
such representative's duties as such; and
AUTO REPAIRS
(c) Any relative who was an insured at the time of
such death.
When there is a loss to your covered auto covered
under Part D, we:
16. Policy Period - Termination. This UM coverage
applies only to accidents which occur on and after
the effective date hereof and during the policy period
and shall terminate upon(1) termination of the policy
of which it forms a part or (2) termination of New
York registration on all motor vehicles owned by the
named insured or spouse.
PART D - COVERAGE FOR DAMAGE TO YOUR
AUTO
Part D. is amended as follows:
A. Theft Reward is removed.
B. Exclusion 8. is replaced as follows:
8. Loss to any non-owned auto while maintained
or used by any person employed or otherwise
engaged in any business not described in
Exclusion 7.
The following provisions are added and apply in place of
any conflicting provision:
MANDATORY INSPECTION
1. We have the right to inspect any:
a. private passenger auto; or
b. pickup or van;
which you insure or intend to insure for coverage
under PART D of this policy. This right applies only
to the extent authorized by Regulation 79, as
amended.
2. We do not provide Coverage for Damage to Your
Auto for any additional or replacement vehicle you
acquire until you:
a. notify us; and
b. request coverage for that vehicle.
However, this provision (2.) does not apply to a
replacement vehicle for the 3 day period beginning
on the date you become the owner if:
a. You acquire the vehicle during the policy period;
and
b. We provided Coverage for Damage to Your
Auto on the vehicle you replaced for at least 12
months prior to the date of replacement
b. make the vehicle available for the inspection.
1. May not:
a. condition payment upon repair;
b. require that repairs be made by a particular
repair shop or concern; and
2. Are entitled to the following:
a. a completed "Certificate of Automobile Repairs"
as prescribed by the New York State
Department of Financial Services;
b. an itemized repair bill prepared by the auto
repairer, if your covered auto is repaired; and
c.
an inspection of your covered auto, whether or
not you have it repaired.
RECOVERY OF STOLEN OR ABANDONED AUTOS
Notwithstanding any conflicting provisions applicable to
PART D of this policy, it is agreed that the following
condition is added:
Recovery of Stolen or Abandoned Automobiles
In the event an auto to which PART D of this policy
applies is stolen or abandoned, we or our authorized
representative(s) shall, when notified of the location of
the auto, have the right to take custody of the auto for
safekeeping.
PART E - DUTIES AFTER AN ACCIDENT OR LOSS
FILING A CLAIM
GENERAL DUTIES
This section is deleted and replaced with the following:
A. We must be notified as soon as reasonably possible
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. Failure to give notice as required herein
may affect coverage provided under this policy but
shall not invalidate a claim made by the insured, an
injured person or any other claimant under this
policy unless the failure to provide timely notice has
prejudiced us. However, no claim made by the
insured, injured person or other claimant will be
invalidated if it shall be shown not to have been
reasonably possible to give such timely notice and
that notice was given as soon as was reasonably
possible thereafter.
If we deny a claim arising out of death or personal
injury based upon the failure to provide timely notice,
then the injured person or other claimant may
maintain an action directly against us, in which the
sole question is our disclaimer or denial based on
the failure to provide timely notice, unless within
sixty days following such disclaimer or denial, you or
we: (A) initiate an action to declare the rights of the
parties under the insurance policy; and (B) name the
injured person or other claimant as a party to the
action.
B. A person seeking coverage must:
1. Cooperate with us in the investigation,
settlement or defense of any claim or lawsuit.
2. As soon as reasonably possible send us copies
of any notices or legal papers received in
connection with the accident or loss.
3. Submit as often as we require:
a. to physical exams by physicians we select.
We will pay for these exams.
b. to examinations under oath outside the
presence of any person other than your
attorney.
c.
to recorded statements.
4. Authorize us to obtain:
a. medical reports; and
b. other pertinent records.
5. Submit a sworn statement as proof of loss as
we require.
6. Provide us with records and documents we
request and permit us to make copies.
7. Not voluntarily assume any obligation to pay,
make any payment or incur any expense, other
than to provide first aid to others, for bodily
injury or property damage arising out of an
accident.
PART F - GENERAL PROVISIONS
A. ADDITIONAL DEFINITION USED IN THIS PART
A. No legal action may be brought against us until
there has been full compliance with all the terms
of this policy. In addition, under Part A, no legal
action may be brought against us until:
1. We, by written agreement with the "insured"
and the claimant, agree that the "insured"
has an obligation to pay; or
2. The amount of that obligation has been
finally determined by judgment after trial.
B. No person or organization has any right under
this policy to bring us into any action to
determine the liability of an "insured".
In case judgment against the insured or the
insured's personal representative in an action
brought to recover damages for injury sustained
or loss or damage occasioned during the life of
the policy shall remain unsatisfied at the
expiration of thirty days from the serving of
notice of entry of judgment upon the attorney for
the insured, or upon the insured, and upon the
insurer, then an action may, except during a stay
or limited stay of execution against the insured
on such judgment, be maintained against the
insurer under the terms of the policy for the
amount of such judgment not exceeding the
amount of the applicable limit of coverage under
such policy.
C. Subparagraph 4. of Paragraph A of OUR RIGHT TO
RECOVER PAYMENT under Part F is deleted and
replaced as follows:
A.4. take the necessary or appropriate action,
through a representative designated by us, to
recover payment as damages from the
responsible person or organization; and
D. PREMIUM DUE ON POLICIES
This section is deleted.
E. The Termination - Cancellation, Nonrenewal,
Automatic Termination, Dishonored/Insufficient
Checks, Credit Cards, Draft Or Other Remittance,
Other Termination Provisions section is deleted and
replaced as follows:
This section is deleted and replaced with the
following:
Paragraph A. Cancellation is deleted and replaced
by the following:
“Mail”, “mailing” or “mailed” means:
A. Cancellation. This policy may be cancelled
during the policy period as follows:
delivery by us to any of the following:
a. United States Postal service; or
b. public or private mail carrier.
B. LEGAL ACTION AGAINST US
This section is deleted and replaced with the
following:
LEGAL ACTION AGAINST US
1. The named insured shown in the
Declarations may cancel by:
a. returning this policy to us; or
b. giving us advance written notice of the
date cancellation is to take effect.
2. We may cancel by mailing to the named
insured shown in the Declarations at the
address shown in this policy:
a. At least 15 days notice if cancellation is
for nonpayment of premium; or
b. At least 20 days notice in all other
cases.
If we cancel during the first 60 days this
policy is in effect, our notice of cancellation
must state or include the reason for
cancellation.
3. After this policy is in effect for 60 days, or if
this is a renewal or continuation policy, we
will (subject to the laws of New York) cancel
only:
B. Nonrenewal.
1. If we decide not to renew or continue this
policy, we will (subject to the laws of New
York) mail notice to the named insured
shown in the Declarations. If the policy
period is other than 1 year, we will have the
right not to renew or continue it only at each
anniversary of its original effective date.
2. If we have the right not to renew or continue
this policy, we may instead condition
renewal upon:
a. Change of limits; or
a. For nonpayment of premium; or
b. Elimination of any coverage;
b. If your driver's license or that of any
driver who customarily uses your
covered auto has been suspended or
revoked. This provision:
not required by law. This applies only if we
mail notice to the named insured shown in
the Declarations.
(1) Does not apply to:
(a) A suspension issued under
Section 510(b)(1) of the vehicle
and traffic law: or
(b) 1 or more administrative
suspensions from the same
incident which terminate prior to
the effective date of
cancellation.
(2) Applies to a suspension or
revocation that occurred:
c.
3. The notice required by Parts 1 and 2 of this
section must:
a. Be mailed to the address shown in this
policy at least 45 days but not more than
60 days before the end of the policy
period; and
b. State or include the reason for our
action.
4. We are not required to mail notice of
nonrenewal to the named insured shown in
the Declarations if we are given written
notice that this policy:
(a) During the policy period; or
a. Has been replaced; or
(b) Since the last anniversary of the
original effective date if the
policy period is other than 1
year.
b. Is no longer wanted.
For discovery of fraud or material
misrepresentation in:
(1) Obtaining the policy; or
(2) Presenting a claim.
4. Our right to cancel applies to each and
every:
This written notice may be given to us by:
a. You;
b. Another insurer; or
c.
Your representative.
C. Other Termination Provisions.
1. If the law in effect at the time this policy is
issued, renewed or continued:
a. Requires a longer notice period;
a. Coverage; or
b. Requires a special form of or procedure
for giving notice; or
b. Limit;
c.
afforded under this policy.
5. If we have the right to cancel this policy, we
may instead condition continuation upon:
a. Change of limits; or
b. Elimination of any coverage; not
required by law. This applies only if we
mail 20 days notice to the named
insured shown in the declarations at the
address shown in this policy.
Modifies any of the stated termination
reasons; we will comply with those
requirements.
2. If not prohibited by state law, we may deliver
any notice in person instead of mailing it.
3. Proof of mailing of any notice shall be
sufficient proof of notice.
4. If this policy is cancelled, 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.
5. The effective date of cancellation stated in
the notice shall terminate all coverages
under this policy.
F. MISREPRESENTATION AND FRAUD
Paragraph C of the Misrepresentation and Fraud
section under Part F is deleted.
G. TWO OR MORE AUTO POLICIES
The following is added to the Two or More Auto
Policies section under Part F:
This provision does not apply to Liability Coverage.
H. PARTICIPATION CLAUSE
This section is deleted.
I.
The following sections are added to Part F - General
Provisions:
NOTICE
Notice to our authorized agent shall be deemed
notice to us. In addition, any written notice given by
or on behalf of any claimant to our authorized agent,
containing particulars sufficient to identify you, shall
be deemed notice to us.
MANDATORY INSPECTION ENDORSEMENT FOR
PHYSICAL DAMAGE COVERAGE - NEW YORK
Notwithstanding any conflicting provisions contained
in physical damage coverages of this policy, it is
agreed that the following conditions are added:
a. The company or its authorized representative
has the right to inspect any private passenger
automobile, including a non-owned automobile,
insured or intended to be insured under this
policy before physical damage coverage shall be
effective, except to the extent that this right is
prescribed and limited by New York State
Department of Financial Services Regulation
No. 79 (11 NYCRR 67) implementing Section
3411(d) of the New York Insurance Law.
b. During the term of the policy, coverage for an
additional replacement private passenger
automobile shall not become effective until the
insured notifies the company and requests
coverage for the automobile.
c.
When an inspection is required by the company,
the insured shall cooperate and make the
automobile available for the inspection.
d. When the required inspection is not completed
within five calendar days after the effective date
of coverage, the physical damage coverage as
is provided by the policy shall be suspended as
of 12:01 a.m. of the day following the fifth
calendar day after the effective date of
coverage, which coverage is reinstated as of the
hour and day of inspection as evidence by the
Automobile Inspection Report.
National General Insurance Online, Inc.
RENTAL VEHICLE COVERAGE
NOTICE TO POLICYHOLDER
**Rental Vehicle Coverage Premium Charge
YES
NO
X
If YES, Amount of Rental Vehicle Coverage Premium: N/A
The Rental Vehicle Coverage endorsement to this policy provides protection in the event of damage to, or loss of, a rental
vehicle, including loss of use, as described in the endorsement.
Rental Vehicle Coverage is mandated by New York State law, to reduce problems that confront consumers and leave
them vulnerable to major unanticipated costs when dealing with rental vehicle companies.
This Rental Vehicle Coverage protects you whenever rental vehicles are rented and operated anywhere within the United
States, its territories or possessions, and Canada.
In the event that a premium is at any time charged or increased for Rental Vehicle Coverage, you have the right to reject
this coverage and not pay such charge, if you so inform your insurer within ten calendar days after you receive notice that
such a premium charge or increase will be made for Rental Vehicle Coverage.
Please review the Rental Vehicle Coverage endorsement itself. If, as indicated at the top of this notice, there is a premium
charge or increase and you wish to reject Rental Vehicle Coverage - or you simply wish to obtain additional information
regarding this coverage - please contact your insurance agent or broker, or call our toll-free number: 1-877-468-3466.
01768 (01012011)
National General Insurance Online, Inc.
This Endorsement Applies Only If
Form Number 01769 (01012011) Appears in the Declarations.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RENTAL VEHICLE COVERAGE ENDORSEMENT
Coverage is provided under this endorsement only when noted in the Declarations of this policy.
All the provisions of this policy apply to the coverage provided by this endorsement except as modified herein.
This Rental Vehicle Coverage endorsement applies only
to, and is part of, every motor vehicle liability insurance
policy that covers less than five private passenger motor
vehicles.
For each such policy, this endorsement provides
coverage for the insured's obligations in the event of
actual damage to, or loss of, any rental vehicle, including
loss of use, rented by the insured anywhere in the
United States, its territories or possessions, and Canada
under a rental agreement with a term no longer than
thirty continuous days, regardless of where such rental
vehicle may be registered; rented or operated.
Rental Vehicle Coverage shall provide protection
regardless of: (a) fault; and (b) whether the rental vehicle
is rented or operated for business or pleasure, unless
used for transporting persons or property for hire.
Definitions:
(a) "Insured" means named insured or any relative;
(b) "Relative" means a spouse, child or other person
related to the named insured by blood, marriage or
adoption (including a ward or foster child), who
regularly resides in the insured's household,
including any such person who regularly resides in
the household, but who is temporarily living
elsewhere;
(c) "Private passenger motor vehicle" means:
(1) not used for transporting persons or property for
hire; and
(2) owned by a person engaged in the business of
renting or leasing vehicles rented or leased
without a driver to persons other than the owner
and is registered in the name of such owner.
Priority of payment:
(a) In no event shall payment be made under this
endorsement duplicating payment made by this
policy, another policy or another insurer for the same
claim.
(b) If more than one policy could cover the claim,
payment on the claim shall be made in the following
order of priority:
(1) the policy with respect to which the person is a
named insured;
(2) if the person is not a named insured on any
policy, the policy with respect to which the
person is an insured; and
(3) where two or more policies provide coverage of
equal priority, the policy or insurer with respect
to which the claim is first submitted.
(c) An inquiry about coverage or notification of damage
to, or loss of, a rental vehicle shall constitute
submission of a claim.
(1) a motor vehicle of the private passenger or
station wagon type that is owned or hired under
a long-term contract by an individual or by
husband and wife, and neither is used as a
public or livery conveyance for passengers nor
rented to others without a driver; or
Exclusions:
(2) a motor vehicle with a pick-up body, a delivery
sedan, panel truck or van, owned by an
individual or by husband or wife who are
residents of the same household, or by a family
farm co-partnership or a family farm corporation,
and not customarily used in the occupation,
profession or business of the insured other than
farming or ranching, whether or not used in the
course of driving to or from work.
(b) to an insured who has committed fraud in
connection with damage to, or loss of, a rental
vehicle, including loss of use; or
(d) "Long-term contract" means a contract with a term of
six months or longer.
(e) "Rental vehicle" means a vehicle of the type
described in (c) above, if:
No Rental Vehicle Coverage shall be provided:
(a) arising beyond the geographic limitations of the
policy to which Rental Vehicle Coverage is
endorsed;
(c) for damage to, or loss of, a rental vehicle, including
loss of use, which the rental vehicle company is
precluded from recovering from the insured;
(1) pursuant to the terms of the rental agreement; or
(2) due to the prohibitions of section 396-z of the
General Business Law or similar statutory
provisions of other jurisdictions.
Subrogation:
(a) In the event of any payment under this
endorsement, the insurer is subrogated to the extent
of such payments to the rights of the person to
whom, or for whose benefit, such payments were
made.
(b) Such person shall execute and deliver instruments
and papers and do whatever else is necessary to
secure such subrogation rights, and shall not act in a
manner that may prejudice such rights.
(c) Subrogation shall not be pursued against any
person who operated the rental vehicle with the
insured’s permission.
National General Insurance Online, Inc.
This Endorsement Applies Only If
Form Number 02086 (01012011) Appears in the Declarations.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL PERSONAL INJURY PROTECTION ENDORSEMENT - NEW YORK
The Company agrees with the named insured, subject to
all of the provisions, exclusions and conditions of the
mandatory Personal Injury Protection Endorsement New York, not expressly modified in this endorsement,
as follows:
Additional Personal Injury Protection
The Company will pay additional first party benefits to
reimburse for extended economic loss on account of
personal injuries sustained by an eligible injured person
and caused by an accident arising out of the use or
operation of a motor vehicle or a motorcycle during the
policy period. This coverage applies only to motor
vehicle accidents within the United States of America,
its territories or possessions, or Canada.
Eligible Injured Person
Subject to the exclusions and conditions set forth below,
an eligible injured person is:
(a) the named insured and any relative who sustains
personal injury arising out of the use or operation of
any motor vehicle;
(b) the named insured and any relative who sustains
personal injury arising out of the use or operation of
any motorcycle while not occupying a motorcycle;
(c) any other person who sustains personal injury
arising out of the use or operation of the insured
motor vehicle while occupying the insured motor
vehicle; or
(d) any other person who sustains personal injury
arising out of the use or operation of any other motor
vehicle (other than public or livery conveyance)
while occupying such other motor vehicle, if such
other motor vehicle is being operated by the named
insured or any relative.
personal injury protection coverage is not provided
under this policy;
(d) any New York State resident other than the named
insured or relative injured through the use or
operation of a motor vehicle outside of New York
State if such resident is the owner of a motor vehicle
for which the coverage required by the New York
Comprehensive Motor Vehicle Insurance
Reparations Act is not in effect;
(e) any person while occupying a motorcycle;
(f) any person who intentionally causes his own
personal injury;
(g) any person as a result of operating a motor vehicle
while in an intoxicated condition or while his ability to
operate the vehicle is impaired by the use of a drug
(within the meaning of Section 1192 of the New York
Vehicle and Traffic Law); except that coverage shall
apply to necessary emergency health services
rendered in a general hospital, as defined in section
2801(10) of the New York Public Health Law,
including ambulance services attendant thereto and
related medical screeing. However, where the
person has been convicted of violating section 1192
of the New York Vehicle and Traffic Law while
operating a motor vehicle in an intoxicated condition
or while his or her ability to operate such vehicle is
impaired by the use of a drug, and the conviction is
a final determination, the Company has a cause of
action against such person for the amount of first
party benefits that are paid or payable; or
(h) any person while:
(i) committing an act which would constitute a
felony, or seeking to avoid lawful apprehension
or arrest by a law enforcement officer;
Exclusions
(ii) operating a motor vehicle in a race or speed
test;
This coverage does not apply to personal injury
sustained by:
(iii) operating or occupying a motor vehicle known
to him to be stolen; or
(a) any person while occupying a motor vehicle owned
by such person with respect to which the coverage
required by the New York Comprehensive Motor
(iv) repairing, servicing, or otherwise maintaining a
motor vehicle if such conduct is within the
course of a business of repairing, servicing or
otherwise maintaining a motor vehicle and the
injury occurs on the business premises.
Vehicle Insurance Reparations Act is not in effect;
(b) any person while occupying, or while a pedestrian
through being struck by, a motor vehicle owned by
the named insured with respect to which additional
personal injury protection coverage is not provided
under this policy;
(c) any relative while occupying, or while a pedestrian
through being struck by, a motor vehicle owned by
such relative with respect to which additional
Additional First Party Benefits
Additional first party benefits are payments equal to
extended economic loss reduced by:
(a) 20 percent of the eligible injured person's loss of
earnings from work, to the extent that the extended
economic loss covered by this endorsement
includes such loss of earnings;
(b) amounts recovered or recoverable on account of
personal injury to an eligible injured person under
State or Federal laws providing social security
disability or worker's compensation benefits or
disability benefits under Article 9 of the New York
Worker's Compensation Law, which amounts have
not been applied to reduce first party benefits
recovered or recoverable under basic economic
loss;
Arbitration
(c) amounts recovered or recoverable by the eligible
injured person for any element of extended
economic loss covered by this endorsement under
any mandatory source of first party automobile nofault benefits required by the laws of any State
(other than the State of New York) of the United
States of America, its possession or territories, or by
the laws of any Province of Canada.
In the event of any payment for extended economic loss,
the Company is subrogated to the extent of such
payments to the rights of the person to whom, or for
whose benefit, such payments were made. Such person
must execute and deliver instruments and papers and do
whatever else is necessary to secure such rights. Such
person shall do nothing to prejudice such rights.
Extended Economic Loss
Extended economic loss shall consist of the following:
(a) basic economic loss sustained on account of an
accident occurring within the United States of
America, its possessions or territories, or Canada,
which is not recovered or recoverable under a policy
issued in satisfaction of the requirements of Article 6
or 8 of the New York Vehicle and Traffic Law and
Article 51 of the New York Insurance Law;
(b) the difference between:
(i) basic economic loss; and
(ii) basic economic loss recomputed in accordance
with the time and dollar limits set out in the
declarations;
(c) an additional death benefit in the amount set out in
the declarations.
Two Or More Motor Vehicles Insured Under This
Policy
The limit of liability under this endorsement applicable to
injuries sustained by an eligible injured person while
occupying, or while a pedestrian through being struck
by the insured motor vehicle shall be as stated in the
declarations for that insured motor vehicle. The limit of
liability for injuries covered by this endorsement and
sustained by an eligible injured person while occupying,
or while a pedestrian through being struck by, a motor
vehicle, other than the insured motor vehicle, shall be
the highest limit stated for this coverage in the
declarations for any insured motor vehicle under this
policy.
In the event of any person making a claim for additional
first party benefits and the Company do not agree
regarding any matter relating to the claim, such person
shall have the option of submitting such disagreement to
arbitration pursuant to procedures promulgated or
approved by the Superintendent of Insurance.
Subrogation
Other Coverage; Non-Duplication
The eligible injured person shall not recover duplicate
benefits for the same elements of loss covered by this
endorsement or any other optional first party automobile
or no-fault automobile insurance coverage.
If an eligible injured person is entitled to New York
mandatory and additional personal injury protection
benefits under any other policy, and if such eligible
injured person is not entitled to New York mandatory
personal injury protection benefits under this policy, then
the coverage provided under this Additional Personal
Injury Protection Endorsement - New York, shall be
excess over such other New York mandatory and
additional personal injury protection benefits.
When coverage provided under this endorsement
applies on an excess basis, it shall apply only in the
amount by which the total limit of liability of New York
mandatory and additional personal injury protection
coverage available under this policy exceeds the total
limit of liability for any other applicable New York
mandatory and additional personal injury protection
coverage.
Subject to the provisions of the preceding three
paragraphs, if the eligible injured person is entitled to
benefits under any other optional first party automobile
or no-fault automobile insurance for the same elements
of loss covered by this endorsement, this Company shall
be liable only for an amount equal to the proportion that
the total amount available under this endorsement bears
to the sum of the amounts available under this
endorsement and such other optional insurance, for the
same elements of loss.
National General Insurance Online, Inc.
This Endorsement Applies Only If
Form Number 03438 (11011991) Appears in the Declarations.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
OPTIONAL BASIC ECONOMIC LOSS COVERAGE ENDORSEMENT
Coverage is provided under this endorsement only when noted in the Declarations of this policy.
All the provisions of this policy apply to the coverage provided by this endorsement except as modified herein.
The Company agrees with the named insured, subject to
all the provisions, exclusions and conditions of the
MANDATORY PERSONAL INJURY PROTECTION
ENDORSEMENT (New York) not expressly modified in
this Endorsement, as follows:
The definition of Basic Economic Loss contained in the
MANDATORY PERSONAL INJURY PROTECTION
ENDORSEMENT (New York) or the MANDATORY
PERSONAL INJURY PROTECTION ENDORSEMENT MOTORCYCLES (New York) is replaced by the
following:
Basic Economic Loss:
Basic economic loss shall consist of medical expense,
work loss, other expense and, when death occurs, a
death benefit as herein provided. Except for such death
benefit, basic economic loss shall not include any loss
sustained on account of death. Basic economic loss of
each eligible injured person on account of any single
accident shall not exceed $75,000, the last $25,000 of
which represents optional basic economic loss
coverage, payable after the first $50,000 of basic
economic loss has been exhausted, that the eligible
injured person or that person's legal representative may
specify will be applied to one of the following four
options:
(1) basic economic loss;
(2) loss of earnings from work;
(3) psychiatric, physical or occupational therapy and
rehabilitation; or
(4) a combination of options (2) and (3).
Any death benefit hereunder shall be in addition thereto.
Exclusion (c) set forth in the MANDATORY PERSONAL
INJURY PROTECTION ENDORSEMENT (New York) is
replaced by the following:
(c) the named insured or relative while occupying, or
while a pedestrian through being struck by, a motor
vehicle in New York State, other than the insured
motor vehicle, with respect to which the coverage
required by the New York Comprehensive Motor
Vehicle Insurance Reparations Act is in effect;
however, this exclusion does not apply to:
(1) the Optional Basic Economic Loss coverage
provided under this endorsement, unless OBEL
coverage is provided by the policy covering the
other motor vehicle; or
(2) to personal injury sustained in New York State
by the named insured or relative while
occupying a bus or school bus, as defined in
sections 104 and 142 of the New York Vehicle
and Traffic Law, unless that person is the
operator, an owner, or an employee of the
owner or operator, of such bus or school bus.
Election
Election of the OBEL option shall be made by the eligible
injured person or that person's legal representative after
such person has incurred expense aggregating $30,000
in basic economic loss and after receiving the required
notices from the Company that an OBEL election may
be made. Failure of the eligible injured person or that
person's legal representative to respond to the second
notice within 15 calendar days after its mailing shall be
considered an election by the eligible injured person to
apply OBEL coverage to all elements of basic economic
loss. Once made by the eligible injured person or that
person's legal representative, an OBEL election cannot
be changed. However, if claims payable under OBEL
coverage have not yet been received by the Company,
an eligible injured person who has failed to respond to
the second notice in a timely manner may make an
election.
Notice
If OBEL coverage is payable under this policy, but
Mandatory PIP is being paid under a policy covering
another motor vehicle, then the named insured or
relative shall notify the Company no later than 90 days
after Mandatory PIP benefits under that other policy
have been exhausted. The Company shall then send its
OBEL election notice.
National General Insurance Online, Inc.
This Endorsement Applies Only If
This Endorsement Applies Only if Form Number 03440 (01012011) Appears in the Declarations.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
MANDATORY PERSONAL INJURY PROTECTION
MANDATORY PERSONAL INJURY PROTECTION
The Company agrees with the named insured, as
follows:
Section I
Mandatory Personal Injury Protection
The company will pay first-party benefits to reimburse for
basic economic loss sustained by an eligible injured
person on count of personal injuries caused by an
accident arising out of the use or operation of a motor
vehicle or a motorcycle during the policy period and
within the United States of America, its territories or
possessions, or Canada.
First-Party Benefits
First-party benefits, other than death benefits, are
payments equal to basic economic loss, reduced by the
following:
(a) 20 percent of the eligible injured person's loss of
earnings from work to the extent that an eligible
injured person's basic economic loss consists of
such loss of earnings;
(b) amounts recovered or recoverable on account of
personal injury to an eligible injured person under
State or Federal laws providing social security
disability or workers' compensation benefits, or
disability benefits under article 9 of the New York
Workers' Compensation Law;
(c) the amount of any applicable deductible, provided
that such deductible shall apply to each accident,
but only to the total of first-party benefits otherwise
payable to the named insured and any relative as a
result of that accident.
Basic Economic Loss
Basic economic loss shall consist of medical expense,
work loss, other expense and, when death occurs, a
death benefit as herein provided. Except for such death
benefit, basic economic loss shall not include any loss
sustained on account of death. Basic economic loss of
each eligible injured person on account of any single
accident shall not exceed $50,000, except that any
death benefit hereunder shall be in addition thereto.
Medical Expense
Medical expense shall consist of necessary expenses
for:
(a) medical, hospital (including services rendered in
compliance with Article 41 of the Public Health Law,
whether or not such services are rendered directly
by a hospital), surgical, nursing, dental, ambulance,
X-ray, prescription drug and prosthetic services;
(b) psychiatric, physical and occupational therapy and
rehabilitation;
(c) any nonmedical remedial care and treatment
rendered in accordance with a religious method of
healing recognized by the laws of New York; and
(d) any other professional health services.
These medical expenses will not be subject to a time
limitation, provided that, within one year after the date of
the accident, it is ascertainable that further medical
expenses may be sustained as a result of the injury.
Payments hereunder for necessary medical expenses
shall be subject to the limitations and requirements of
section 5108 of the New York Insurance Law.
Work Loss
Work loss shall consist of the sum of the following losses
and expenses, up to a maximum payment of $2,000 per
month for a maximum period of three years from the
date of the accident:
(a) loss of earnings from work which the eligible injured
person would have performed had such person not
been injured, except that an employee who is
entitled to receive monetary payments, pursuant to
statute or contract with the employer, or who
receives voluntary monetary benefits paid for by the
employer, by reason of such employee's inability to
work because of personal injury arising out of the
use or operation of a motor vehicle or a motorcycle,
shall not be entitled to receive first-party benefits for
loss of earnings from work to the extent that such
monetary payments or benefits from the employer
do not result in the employee suffering a reduction in
income or a reduction in such employee's level of
future benefits arising from a subsequent illness or
injury; and
(b) reasonable and necessary expenses sustained by
the eligible injured person in obtaining services in
lieu of those which such person would have
performed for income.
Other Expenses
Other expenses shall consist of all reasonable and
necessary expenses, other than medical expense and
work loss, up to $25 per day for a period of one year
from the date of the accident causing injury.
Death Benefit
Upon the death of any eligible injured person, caused by
an accident to which this coverage applies, the company
will pay to the estate of such person a death benefit of
$2,000.
Eligible Injured Person
Subject to the exclusions and conditions set forth below,
an eligible injured person is:
(a) the named insured and any relative who sustains
personal injury arising out of the use or operation
of any motor vehicle;
(b) the named insured and any relative who sustains
personal injury arising out of the use or operation
of any motorcycle, while not occupying a
motorcycle;
(c) any other person who sustains personal injury
arising out of the use or operation of the insured
motor vehicle in the State of New York while not
occupying another motor vehicle; or
(d) any New York State resident who sustains personal
injury arising out of the use or operation of the
insured motor vehicle outside of New York while
not occupying another motor vehicle.
Exclusions
This coverage does not apply to personal injury
sustained by:
(a) the named insured while occupying, or while a
pedestrian through being struck by, any motor
vehicle owned by the named insured with respect
to which the coverage required by the New York
Comprehensive Motor Vehicle Insurance
Reparations Act is not in effect;
(b) any relative while occupying, or while a pedestrian
through being struck by, any motor vehicle owned
by the relative with respect to which the coverage
required by the New York Comprehensive Motor
Vehicle Insurance Reparations Act is not in effect;
(c) the named insured or relative while occupying, or
while a pedestrian through being struck by, a motor
vehicle in New York State, other than the insured
motor vehicle, with respect to which the coverage
required by the New York Comprehensive Motor
Vehicle Insurance Reparations Act is in effect;
however, this exclusion does not apply to personal
injury sustained in New York State by the named
insured or relative while occupying a bus or
school bus, as defined in sections 104 and 142 of
the New York Vehicle and Traffic Law, unless that
person is the operator, an owner, or an employee of
the owner or operator, of such bus or school bus;
coverage shall apply to necessary emergency health
services rendered in a general hospital, as defined
in section 2801(10) of the New York Public Health
Law, including ambulance services attendant thereto
and related medical screening. However, where the
person has been convicted of violating section 1192
of the New York Vehicle and Traffic Law while
operating a motor vehicle in an intoxicated condition
or while his or her ability to operate such vehicle is
impaired by the use of a drug, and the conviction is
a final determination, the Company has a cause of
action against such person for the amount of first
party benefits that are paid or payable; or
(g) any person while:
(1) committing an act which would constitute a
felony, or seeking to avoid lawful apprehension
or arrest by a law enforcement officer;
(2) operating a motor vehicle in a race or speed
test;
(3) operating or occupying a motor vehicle known
to that person to be stolen; or
(4) repairing, servicing or otherwise maintaining a
motor vehicle if such conduct is within the
course of a business of repairing, servicing or
otherwise maintaining a motor vehicle and the
injury occurs on the business premises.
(h) the named insured or relative while not occupying
a motor vehicle or a motorcycle when struck by a
motorcycle in New York State with respect to which
the coverage required by the New York
Comprehensive Motor Vehicle Insurance
Reparations Act is in effect:
(i) any New York State resident other than the named
insured or relative injured through the use or
operation of the insured motor vehicle outside of
New York State if such resident is the owner or a
relative of the owner of a motor vehicle insured
under another policy providing the coverage
required by the New York Comprehensive Motor
Vehicle Insurance Reparations Act:
(j) any New York State resident other than the named
insured or relative injured through the use or
operation of the insured motor vehicle outside of
New York State if such resident is the owner of a
motor vehicle for which the coverage required by
the New York Comprehensive Motor Vehicle
Insurance Reparations Act is not in effect.
Other Definitions
(d) any person while occupying a motorcycle;
When used in reference to this coverage:
(e) any person who intentionally causes his or her own
personal injury;
(a) the "insured motor vehicle" means a motor vehicle
owned by the named insured and to which the bodily
injury liability insurance of this policy applies and for
which a specific premium is charged;
(f) any person as a result of operating a motor vehicle
while in an intoxicated condition or while his or her
ability to operate the vehicle is impaired by the use
of a drug (within the meaning of section 1192 of the
New York Vehicle and Traffic Law) except that
(b) "motorcycle" means a vehicle as defined in section
123 of the New York Vehicle and Traffic Law and
which is required to carry financial security pursuant
to article 6, 8 or 48-A of the Vehicle and Traffic Law;
(c) "motor vehicle" means a motor vehicle, as defined
in section 311 of the New York Vehicle and Traffic
Law, and also includes fire and police vehicles, but
shall not include any motor vehicle not required to
carry financial security pursuant to article 6, 8 or 48A of the Vehicle and Traffic Law, or a motorcycle as
defined above;
(d) "named insured" means the person or organization
named in the declarations;
(e) "occupying" means in or upon or entering into or
alighting from;
(f) "personal injury" means bodily injury, sickness or
disease;
(g) "relative" means a spouse, child, or other person
related to the named insured by blood, marriage, or
adoption (including a ward or foster child), who
regularly resides in the insured's household,
including any such person who regularly resides in
the household, but is temporarily living elsewhere;
and
(h) "use or operation" of a motor vehicle or a
motorcycle includes the loading or unloading of such
vehicle.
Conditions
Action Against Company. No action shall lie against
the Company unless, as a condition precedent thereto,
there shall have been full compliance with the terms of
this coverage.
Notice. In the event of an accident, written notice
setting forth details sufficient to identify the eligible
injured person, along with reasonably obtainable
information regarding the time, place and circumstances
of the accident, shall be given by, or on behalf of, each
eligible injured person, to the Company, or any of the
Company's authorized agents, as soon as reasonably
practicable, but in no event more than 30 days after the
date of the accident, unless the eligible injured person
submits written proof providing clear and reasonable
justification for the failure to comply with such time
limitation. If an eligible injured person or that person's
legal representative institutes a proceeding to recover
damages for personal injury under section 5104(b) of the
New York Insurance Law, a copy of the summons and
complaint or other process served in connection with
such action shall be forwarded as soon as practicable to
the Company or any of the Company's authorized
agents by such eligible injured person or that person's
legal representative.
Proof of Claim; Medical, Work Loss, and Other
Necessary Expenses. In the case of a claim for health
service expenses, the eligible injured person or that
person's assignee or representative shall submit written
proof of claim to the Company, including full particulars
of the nature and extent of the injuries and treatment
received and contemplated, as soon as reasonably
practicable, but in no event later than 45 days after the
date services are rendered. The eligible injured person
or that person's representative shall submit written proof
of claim for work loss benefits and for other necessary
expenses to the Company as soon as reasonably
practicable, but, in no event, later than 90 days after the
work loss is incurred or the other necessary services are
rendered. The foregoing time limitations for the
submission of proof of claim shall apply unless the
eligible injured person or that person's representative
submits written proof providing clear and reasonable
justification for failure to comply with such time limitation.
Upon request by the Company, the eligible injured
person or that person's assignee or representative shall:
(a) execute a written proof of claim under oath;
(b) as may reasonably be required, submit, to
examinations under oath by any person named by
the Company and subscribe the same;
(c) provide authorization that will enable the Company
to obtain medical records; and
(d) provide any other pertinent information that may
assist the Company in determining the amount due
and payable.
The eligible injured person shall submit to medical
examination by physicians selected by, or acceptable to,
the Company, when, and as often as, the Company may
reasonably require.
Arbitration. In the event any person making a claim for
first-party benefits and the Company do not agree
regarding any matter relating to the claim, such person
shall have the option of submitting such disagreement to
arbitration pursuant to procedures promulgated or
approved by the Superintendent of Insurance.
Reimbursement and Trust Agreement. To the extent
that the Company pays first-party benefits, the Company
is entitled to the proceeds of any settlement or judgment
resulting from the exercise of any right for recovery for
damages for personal injury under section 5104(b) of the
New York Insurance Law. The Company shall have a
lien upon any such settlement or judgment to the extent
that the Company has paid first-party benefits. An
eligible injured person shall:
(a) hold in trust, for the benefit of the Company, all
rights of recovery which that person shall have for
personal injury under section 5104
(b) of the New York Insurance Law; (b) do whatever is
proper to secure, and shall do nothing to prejudice,
such rights; and
(c) execute, and deliver to the Company, instruments
and papers as may be appropriate to secure the
rights and obligations of such person and the
Company established by this provision.
An eligible injured person shall not compromise an
action to recover damages brought under section
5104(b) of the New York Insurance Law, except:
(a) with the written consent of the Company;
(b) with approval of the court; or
(c) where the amount of the settlement exceeds
$50,000.
Other Coverage. Where more than one source of firstparty benefits required by article 51 of the New York
Insurance Law and article 6 or 8 of the New York Vehicle
and Traffic Law is available and applicable to an eligible
injured person in any one accident, this Company is
liable to an eligible injured person only for an amount
equal to the maximum amount that the eligible injured
person is entitled to recover under this coverage, divided
by the number of available and applicable sources of
required first-party benefits. An eligible injured person
shall not recover duplicate benefits for the same
elements of loss under this coverage or any other
mandatory first-party motor vehicle or no-fault motor
vehicle insurance coverage issued in compliance with
the laws of another state.
If the eligible injured person is entitled to benefits under
any such mandatory first-party motor vehicle or no-fault
motor vehicle insurance for the same elements of loss
under this coverage, this Company shall be liable only
for an amount equal to the proportion that the total
amount available under this coverage bears to the sum
of the amount available under this coverage and the
amount available under such other mandatory insurance
for the common elements of loss. However, where
another state's mandatory first-party or no-fault motor
vehicle insurance law provides unlimited coverage
available to an eligible injured person for an element of
loss under this coverage, the obligations of this
Company is to share equally for that element of loss with
such other mandatory insurance until the $50,000, or
$75,000 if Optional Basic Economic Loss (OBEL)
coverage is purchased, limit of this coverage is
exhausted by the payment of that element of loss and
any other elements of loss.
Section II
Excess Coverage
If motor vehicle medical payments coverage or any
disability coverages or uninsured motorists coverage are
afforded under this policy, such coverages shall be
excess insurance over any Mandatory PIP, OBEL, or
Additional PIP benefits paid or payable, or which would
be paid or payable but for the application of a deductible,
under this or any other motor vehicle No-Fault insurance
policy.
Section III
Constitutionality
If it is conclusively determined by a court of competent
jurisdiction that the New York Comprehensive Motor
Vehicle Insurance Reparations Act, or any amendment
thereto, is invalid or unenforceable in whole or in part,
then, subject to the approval of the Superintendent of
Insurance, the Company may amend this policy and may
also recompute the premium for the existing or amended
policy.
These amendments and recomputations will be effective
retroactively to the date that such act or any amendment
is deemed to be invalid or unenforceable in whole or in
part.
National General Insurance Online, Inc.
YOUR PREMIUM REFLECTS A SURCHARGE AND, THEREFORE, IS HIGHER THAN IT OTHERWISE WOULD BE
BECAUSE, DURING THE MEASURING EXPERIENCE PERIOD WHICH APPLIED TO YOUR INSURANCE, YOU HAD
ONE OR MORE CHARGEABLE ACCIDENTS OR CHARGEABLE TRAFFIC CONVICTIONS UNDER OUR SAFE
DRIVER INSURANCE PLAN. THE ATTACHED DESCRIPTION OF OUR SAFE DRIVER INSURANCE PLAN
INCLUDES A LIST OF EVENTS FOR WHICH WE MAY SURCHARGE YOU AND THE CIRCUMSTANCES UNDER
WHICH SURCHARGES MAY BE REMOVED OR REFUNDED. IF YOU HAVE ANY QUESTIONS, YOU MAY CALL US
AT National General Insurance Online, Inc., 1-877-468-3466.
03624 (08012014)
TO ALL OPERATORS OF MOTOR VEHICLES IN NEW YORK
As your insurance company, we are required by law to advise you of the legal and financial consequences of being convicted of
operating a motor vehicle while under the influence of alcohol or drugs. We strongly endorse the message conveyed by the law -that it does not pay to drink and drive.
Alcohol or drug impairment is a major problem involving not only the impaired driver, but other innocent drivers and pedestrians.
We are constantly reminded of the serious consequences of drinking and driving, yet property damage, injuries and deaths caused
by alcohol or drug-impaired driving continue to be a major problem. In fact, studies (such as those published in "Fatality Facts
2010" by the Insurance Institute for Highway Safety-Highway Loss Data Institute) show that alcohol or drug use is a contributing
factor in a significant number of all fatal motor vehicle accidents, as shown in the following table.
Percent of Fatally Injured Passenger Vehicle Drivers (with BAC > or = .10%)
Overall
33%
Nighttime (9 p.m. - 6 a.m.)
59%
Weekends (6 p.m. Friday - 6 a.m. Monday)
45%
Weekdays
25%
Nighttime single-vehicle crashes
68%
In recent years New York State has made significant changes to strengthen its driving while intoxicated laws, and these changes
have extremely serious consequences for motorists who choose to drive while intoxicated or impaired by alcohol or drugs. A new
crime of aggravated driving while intoxicated (“Agg DWI”) was created, which prohibits: driving a motor vehicle while having a
blood alcohol content (“BAC”) of .18 % or more; or committing most driving under the influence of alcohol or drugs offenses while a
child who is 15-years-old or younger is a passenger. In addition, a new crime of driving while ability impaired by the combined
influence of drugs or of alcohol and any drug or drugs (“DWAI Combined Influence”) was created.
The law generally prohibits “plea bargaining” to a non-alcohol/drug-related driving offense. Moreover, every motorist who is
convicted of driving while intoxicated (“DWI”) or Agg DWI must be sentenced to probation or conditional discharge (in addition to
any fines or imprisonment) and in connection with that sentence, must install at the motorist’s own expense an ignition interlock
device (“IID”) in all vehicles that the motorist owns or operates (with the exception of certain employer-owned vehicles) for at least
six months. In addition to the criminal penalties associated with driving under the influence of alcohol or drugs convictions, such
convictions also carry with them substantial driver’s license suspension or revocation periods. Motorists who are convicted of any
alcohol or drug related driving offense (even if it is a traffic infraction as opposed to a crime) must pay a $750 driver responsibility
assessment (“DRA”) in addition to fines, mandatory surcharges, and other related fees and penalties.
In addition to facing prosecution for the various alcohol and drug-related driving offenses defined in the Vehicle and Traffic Law
(“VTL”), motorists who injure or kill others while driving under the influence of alcohol or drugs may be charged with committing
crimes under the Penal Law. New laws have increased the penalties for vehicular assault and vehicular manslaughter, and new
crimes of aggravated vehicular assault and aggravated vehicular homicide have been created as part of New York’s continuing
efforts to punish intoxicated and impaired drivers who injure or kill others.
This notice provides general information on the penalties for convictions of operating a motor vehicle while under the influence of
alcohol or drugs. Be aware that stiffer penalties are levied in certain situations involving a motorist who holds a commercial driver’s
license (“CDL”) or for convictions of such impairment while operating a commercial vehicle, especially when transporting certain
hazardous materials.
Please familiarize yourself, and anyone else who operates your vehicle, with this important information. Please remember: If you
drink, don't drive!
BASIC PENALTIES, DEGREE OF IMPAIRMENT AND INSURANCE PENALTIES
If you are convicted of an alcohol or drug related driving offense defined in the VTL, then there are extremely serious consequences.
Some of the consequences are criminal or penal in nature, while others are civil or administrative in nature.
The criminal consequences may include all or some of the following: court imposed fines and surcharges, a sentence of probation or
conditional discharge with a condition that you install and maintain an IID in all vehicles you own or operate, and imprisonment.
If you cause a death or serious injury as a result of a traffic accident while intoxicated or impaired by alcohol or drugs, then you may
Page 1 of 5
face additional criminal charges under the Penal Law for vehicular assault, aggravated vehicular assault, vehicular manslaughter, and
aggravated vehicular homicide, punishable by up to 15-25 years in prison.
The civil or administrative consequences will include fines, mandatory surcharges and related fees levied by the Department of Motor
Vehicles (“DMV”), and the suspension or revocation of your driver’s license by DMV. You also will be charged a $750 DRA payable in
three annual payments of $250, in addition to any fines and mandatory surcharges and related fees that are imposed. If you fail to
make a required DRA payment, then your license will be suspended indefinitely until the amounts owing are paid.
If you are convicted of an alcohol or drug related driving offense in New York State, then depending on the severity of the offense or if
you had prior offenses, your license will be suspended for 90 days at a minimum or revoked for a minimum of six to 18 months.
If you are convicted of an alcohol or drug related driving offense inside or outside of New York State that you committed when you
were under the age of 21, then the license consequences are generally more severe: if it is a first offense, then your license will be
revoked for at least one year and if it a second or subsequent offense, then your license will be revoked for at least one year (18
months for AggDWI offense in NYS) or until you become 21, whichever is longer.
If you are age 21 or older and you are convicted of an out-of-state alcohol-related driving offense, then in addition to the penalties
imposed by the state where the offense occurred, your New York driver’s license will be revoked for at least 90 days; if the out-ofstate offense is a drug-related driving offense, then your driver’s license will be revoked for at least six months.
If you are the holder of a CDL and you commit an alcohol or drug-related driving offense (regardless of whether you were driving an
automobile or a commercial vehicle at the time of the offense), then your CDL will be revoked for at least one year. A motorist holding
a CDL who commits two such violations will have his or her CDL revoked for at least 10 years and a third violation will cause a
permanent, lifetime revocation.
Although refusing to take a chemical test (of breath, blood, or urine) is not a crime or traffic infraction, a driver who meets the criteria for
being considered a “first offender” and who refuses to take a chemical test may have his or her driver’s license revoked for at least one
year (18 months for a CDL) and must pay a civil penalty of $500 ($550 for a CDL). If you are considered a repeat offender due to a
prior refusal or conviction for an alcohol or drug-related driving offense or for certain other offenses, then you will be required to pay a
civil penalty of $750 and may have your driver’s license revoked for at least one year (10 years minimum for a CDL).
If your license is suspended or revoked for commission of an alcohol or drug-related driving offense, then you may be eligible for a
conditional license (“CL”) that will afford you some limited driving privileges during the sanction period (no CDL privileges are granted
by a CL). In order to obtain a CL, you will have to enroll in an approved drinking driver program (“DDP”), pay the required fees, and
meet other eligibility requirements. DMV charges a $75 administrative fee upon DDP enrollment, and the DDP charges an additional
course fee of up to $225. You may be referred by the DDP for formal substance abuse evaluation or treatment at an additional cost.
If you fail to complete the DDP or any required evaluation or treatment, then your CL will be revoked. If you commit almost any traffic
infraction while holding a CL, then the CL will be revoked. Typically, if your CL is revoked, your original license suspension or
revocation will be reinstated for its full length with no credit being given for the time you held the CL. During a suspension or
revocation period, you may not lawfully drive for any reason.
If you do not have a CL and you drive while your license is suspended or revoked due to an alcohol or drug-related driving conviction
or a chemical test refusal, you may be convicted of aggravated unlicensed operation of a motor vehicle (“AUO”) in the second degree,
subject to a fine of $500 to $1,000, and sentenced to either imprisonment for seven to 180 days, or probation with a possible condition
of alcohol or drug treatment imposed.
HOW MANY DRINKS MAKE YOU LEGALLY INTOXICATED?
In New York State, you are legally intoxicated when your BAC reaches .08%. You are considered to be driving while ability
impaired (“DWAI”) when your BAC is more than .05%, but less than .08%.
Any amount of drinking will affect your judgment and coordination. The degree of impairment depends on four basic factors:
(a) how much you drink;
(b) how long you drink;
(c) eating before or during drinking, as food slows absorption of alcohol; and
(d) your body weight.
A 12-ounce can of beer, 5-ounce glass of wine, or a shot of 86-proof liquor all contain the same amount of alcohol. Your body
metabolizes about one drink each hour. Only time will truly sober you up, not coffee, a walk, or a cold shower.
Therefore, if you consume more than one drink per hour, the likelihood is that you are at least DWAI if you weigh around 110 pounds
and had two drinks, or DWAI if you had three drinks and weigh 170 pounds or more. As a rule of thumb, for an average 140-160
pound person, BAC level rises .02% per hour per drink.
As an example, a 140-pound person who consumes five drinks in a two-hour period will have a .08% BAC (deducting .02% for the
passage of time). Even if no more alcohol is consumed, that individual may not safely drive for at least four hours. Remember,
any elevation in BAC will impair your judgment and coordination.
Page 2 of 5
ALCOHOL/DRUG-RELATED CONVICTIONS AND
YOUR AUTOMOBILE INSURANCE POLICY
Suspension or revocation of your driver's license or the driver's license of any person who normally operates an automobile
insured under your policy is just cause for your insurance company to cancel your automobile insurance policy.
A conviction of driving while impaired or intoxicated through the use of alcohol or drugs will probably result in non-renewal of
your insurance policy, and in your inability to obtain insurance with another company in the voluntary market. You will then find
yourself relegated to the New York Automobile Insurance Plan (“Assigned Risk Plan”), at a substantially higher cost.
Currently, under the Assigned Risk Plan, a conviction of operating a motor vehicle while intoxicated or impaired by the use of
alcohol or drugs will result in a 75% surcharge, increasing your automobile insurance premiums for three years. Most automobile
insurance companies also will surcharge your premiums substantially for any convictions of operating a motor vehicle while
under the influence of alcohol or drugs.
NO-FAULT EXCLUSIONS
Another reason for not driving in an intoxicated or impaired condition due to drinking or drugs is that your no-fault insurance
benefits will not be available to you if you are injured as a result of this condition, except for necessary emergency health
services rendered in a general hospital or by an ambulance attendant. Subsequent basic economic loss (such as general
medical expenses, wage loss, other necessary expenses, or a death benefit) attributable to your own bodily injury would fall
outside of the no-fault insurance system. It is important to be aware that your auto insurance company may seek to collect from
you the amount paid or payable for the emergency health services provided to you if you are found guilty of operating the
vehicle while under the influence of alcohol or drugs pursuant to the VTL. If you permit a “designated driver” (i.e. a non-DWI or
non-DWAI person) to drive your vehicle for you, then full no-fault insurance benefits will be available to you and all occupants of
your vehicle in case of an accident.
Page 3 of 5
Here, then, are the sobering facts:
FINES AND IMPRISONMENT PENALTIES FOR ALCOHOL/DRUG-RELATED DRIVING OFFENSES
According to the VTL, the following penalties will be imposed for the noted violations:
AGGRAVATED DRIVING WHILE INTOXICATED
AGG-DWI (0.18 AND HIGHER BAC [BLOOD ALCOHOL CONTENT])
FINE ONLY1
CONVICTION
JAIL
SENTENCE
LICENSE ACTION & REQUIREMENTS2
AGE 21 & OLDER
UNDER AGE 21
Up to 1 Year
- Minimum 1-Year
Revocation
Minimum 1-Year
Revocation
Minimum $1000
Maximum $5000
Up to 4 Years
- Minimum 18-Month
Revocation
18-Month Revocation
or until age 21,
whichever is longer
Minimum $2000
Maximum
$10000
Up to 7 Years
- Minimum 18-Month
Revocation
18-Month Revocation
or until age 21,
whichever is longer
1st
Offense
(Misdemeanor)
Minimum $1000
Maximum $2500
2nd Offense within 10
Years (Class E
Felony)
3rd Offense or more
within 10 years
(Class D Felony)
DRIVING WHILE INTOXICATED (DWI or .08 and higher BAC)
DRIVING WHILE IMPAIRED BY DRUG (DWAI-DRUG)
DRIVING WHILE IMPAIRED BY COMBINED ALCOHOL & DRUG (DWAI-Combination)
CONVICTION
FINE ONLY1
JAIL
SENTENCE
LICENSE ACTION & REQUIREMENTS2
AGE 21 & OLDER
UNDER AGE 21
Up to 1 Year
- Minimum 6-Month
Revocation
Minimum 1-Year
Revocation
Minimum $1000
Maximum
$5000
Up to 4 Years
- Minimum 1-Year
Revocation
1-Year Revocation or
until age 21, whichever
is longer3
Minimum $2000
Maximum
$10000
Up to 7 Years
- Minimum 1-Year
Revocation
1-Year Revocation or
until age 21, whichever
is longer
1st
Offense
(Misdemeanor)
Minimum $500
Maximum
$1000
2nd Offense within
10 Years (Class E
Felony)
3rd Offense or more
within 10 years
(Class D Felony)
DRIVING WHILE ABILITY IMPAIRED BY ALCOHOL
DWAI (MORE THAN .05 UP TO.07 BAC)
CONVICTION
FINE ONLY1
JAIL
SENTENCE
LICENSE ACTION & REQUIREMENTS2
AGE 21 & OLDER
UNDER AGE 21
Up to 15 Days
- 90-Day Suspension
Minimum 1-Year
Revocation
Minimum $500
Maximum $750
Up to 30 Days
- Minimum 6-Month
Revocation
1-Year Revocation
or until age 21,
whichever is longer
Minimum $750
Maximum $1500
Up to 180 Days
- Minimum 6-Month
Revocation
1-Year Revocation
or until age 21,
whichever is longer
1st
Offense
(Traffic Infraction)
Minimum $300
Maximum $500
2nd Offense within
5 Years (Traffic
Infraction)
3rd Offense or
more within 10
years
(Misdemeanor)
ZERO TOLERANCE LAW (ZTL)
FOR DRIVER UNDER AGE 21 WITH .02 TO .07 BAC4
FINE ONLY1
CONVICTION
JAIL SENTENCE
LICENSE ACTION &
REQUIREMENTS2
1st Offense
$125 civil penalty and
$100 fee to terminate
suspension
N/A
6-Month Suspension
2nd Offense
$125 civil penalty and
$100 re-application fee
N/A
1-Year Revocation or until age
21, whichever is longer
CHEMICAL TEST REFUSAL (CTR)
FINE ONLY1
CONVICTION
JAIL
SENTENCE
LICENSE ACTION & REQUIREMENTS2
Chemical Test Refusal
(CTR)
$500 civil penalty;
N/A
-
Minimum 1-Year Revocation
CTR within 5 years of a
previous DWI-related
charge/CTR
$750 civil penalty
N/A
-
Minimum 18-Month Revocation
-
1-Year Revocation or until age 21,
whichever is longer, for drivers under
age 21
CTR-under Zero
Tolerance Law (ZTL)
$300 civil penalty and
$50 re-application fee
N/A
Minimum 1-Year Revocation
CTR-Second or
subsequent under ZTL
$750 civil penalty and
$50 re-application fee
N/A
Minimum 1-Year Revocation
OUT-OF-STATE DRIVING UNDER THE INFLUENCE CONVICTIONS
CONVICTION
FINE ONLY1
Driving Under the
Influence-(Our-of-State)
N/A
Driving Under the
Influence-(Out-of-State)
with any previous
alcohol-drug violation
N/A
JAIL SENTENCE
N/A
N/A
LICENSE ACTION &
REQUIREMENTS2
-
Minimum 90-Day Revocation
-
Minimum 1-Year Revocation for
drivers under age 21
-
Minimum 90-Day Suspension
(longer with certain prior offenses)
-
Minimum 1-Year Revocation or until
age 21, whichever is longer, for
drivers under age 21
1Conviction
fine only. Does not include any mandatory conviction surcharge, crime victims assistance
fee or $750 DRA, as applicable
2The
DMV determines when your license may be returned or reinstated based on state law or regulation.
3If
a prior conviction is aggravated DWI, then revocation is 18-months or until age 21, whichever is longer.
4If
your BAC is .05 or higher, then DWAI or DWI may be charged.
NOTE: Penalties (including fines and jail terms) may be higher for a person with multiple offenses, a CDL, or for
violations while transporting certain types of passengers or materials.
05217 09012012
Page 5 of 5
National General Insurance Online, Inc.
IMPORTANT NOTICE
SUPPLEMENTAL SPOUSAL LIABILITY COVERAGE
Insured Name: Jeffrey Brown
Policy Number: 2004790386
New York State law requires that upon written request of an insured, and upon payment of premium, an insurer issuing or
delivering a policy that satisfies the requirements of Article 6 of the New York Vehicle and Traffic Law shall provide
Supplemental Spousal Liability coverage.
Supplemental Spousal Liability (SSL) insurance provides Bodily Injury liability coverage under a motor vehicle insurance
policy to cover the liability of an insured spouse because of the death or injury to his or her spouse, even where the
injured spouse must prove the culpable conduct of the insured spouse.
This coverage is included within the policy's Bodily Injury liability limits and does not increase the amount of those limits.
For example:

Insured's Bodily Injury liability coverage limit: $25,000 per person limit/$50,000 per accident limit

Amount paid to injured spouse for Bodily Injury under Insured's Bodily Injury liability coverage limits: $5,000

Amount available under the Insured's Bodily Injury liability coverage limit to all other claimants, subject to a
maximum of $25,000 per person: $45,000 ($50,000 per accident limit less $5,000 paid to spouse)
This example assumes the spouse and other claimants involved in the accident have a right to sue the
insured for economic loss or for non-economic loss (i.e. pain and suffering) sustained as a result of a "serious
injury" as defined in Section 5102 (d) of the Insurance Law. It must also have been shown that there was
negligence on the part of the insured.
If you elect this coverage, the additional premium for SSL coverage is $835.00. This is the total premium for this coverage
on this policy and is based on the vehicles insured and the selected Bodily Injury liability limits. The additional premium
will be included in your Bodily Injury premium and displayed on your Declaration Page.
If you do not elect to purchase this coverage and do not remit the additional premium, SSL coverage is not included in
your motor vehicle insurance policy.
06606 (07012003)
National General Insurance Online, Inc.
This Endorsement Applies Only If
Form Number 06608 (04012003) Appears in the Declarations.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SUPPLEMENTAL SPOUSAL LIABILITY COVERAGE EXCLUSION
Coverage is provided under this endorsement only when noted in the Declarations of this policy.
All the provisions of this policy apply to the coverage provided by this endorsement except as modified herein.
PART A – LIABILITY COVERAGE
The following exclusion is added to the Exclusion section
of PART A-LIABILITY COVERAGE:
A. 10. We do not provide Liability Coverage for any
“insured” for “bodily injury” to the spouse of that
“insured”. However, we will provide Liability
Coverage for an “insured” if named as a third party
defendant in a legal action commenced by his or her
spouse against another party.
National General Insurance Online, Inc.
IMPORTANT NOTICE FOR NEW YORK CUSTOMERS
SUPPLEMENTARY UNINSURED/UNDERINSURED MOTORISTS COVERAGE
(SUM)
A coverage known as Supplementary Uninsured/Underinsured Motorists Coverage (SUM) is available to
you. This coverage is optional, but please read this guide carefully before deciding whether or not to
purchase it. Additionally, although SUM is optional, you must purchase either SUM or Statutory Uninsured
Motorists (UM) Coverage. Differences between these two coverages are explained below.
What SUM Coverage is:
SUM Coverage works in the following two ways:
1. To protect an insured (you and others that qualify under this coverage) against bodily injury due to an
accident caused by a negligent vehicle owner or operator who has no insurance, and
2. To protect an insured against bodily injury due to an accident caused by a negligent vehicle owner or
operator who has liability limits lower than your Bodily Injury Liability limits. This is protection against
"underinsured" motorists.
By contrast, UM Coverage protects an insured only in the first instance above. That is, where the other
driver has no insurance at all -- it does not provide protection against underinsured motorists. Also, UM
applies only if an insured is involved in an accident in New York state. SUM provides coverage for accidents
occurring in New York or any other state.
Amounts Payable under SUM Coverage:
The maximum amount payable under SUM Coverage is the SUM limit you purchase. You may select a SUM
limit up to the amount of your Bodily Injury Liability Coverage limit. However, payment under SUM will be
reduced by any amount recovered under the liability insurance of the negligent party involved in the
accident. UM Coverage, on the other hand, is available only at limits of $25,000 per person/$50,000 per
accident. These limits are increased to $50,000/$100,000 if an insured is involved in an accident in which a
fatality occurs.
Some Examples of How SUM Works:
To better understand how SUM Coverage works in real-life situations, please read the following examples
carefully.
Example One:
Insured's Bodily Injury Damages = $300,000
Insured's Liability Limit = $500,000
Insured's SUM Limit = $250,000
Other Motor Vehicle Liability Limit = $25,000
Result: Here, the insured would recover $25,000 from the negligent owner or operator of the other
vehicle. That $25,000 would reduce the amount the insured could recover under the insured's SUM Limit
to $225,000. The insured's total recovery under both the other vehicle's liability coverage and the
insured's SUM Coverage would be $250,000 ($225,000 + $25,000). Note however, if the negligent
owner or operator of the other vehicle had NO liability insurance at all, the insured would recover the
entire $250,000 amount under the insured's SUM Coverage. The other driver would have no coverage
that would reduce the amount recoverable under SUM.
Example Two:
Insured's Bodily Injury Damages = $100,000
Insured's Liability Limit = $25,000
Insured's SUM Limit = $25,000
Other Motor Vehicle Liability Limit = $25,000
Result: The insured would recover $25,000 from the negligent other vehicle owner or operator. But the
insured would not receive anything under SUM coverage since the other owner or operator's vehicle did
06668 (01012011)
not have less liability insurance than the insured's vehicle. If the insured's liability and SUM limits were
both $50,000, the insured would collect another $25,000 in SUM Coverage under the policy.
Example Three:
Insured's Bodily Injury Damages = $60,000
Insured's Liability Limit = $100,000
Insured's SUM Limit = $100,000
Other Motor Vehicle Liability Limit = $50,000
Result: Here, the insured would recover $50,000 under the other negligent motor vehicle owner or
operator's liability coverage. The insured would also receive $10,000 under SUM Coverage which is the
difference between the amount of the insured's SUM coverage and the liability coverage available from
the other motor vehicle owner or operator, limited by the amount of the insured's bodily injury damages.
In other words, the insured could not recover more than $60,000 in this instance, since that is the
amount of the insured's bodily injury damages.
Example Four:
Insured's Bodily Injury Damages = $150,000
Insured's Liability Limit = $100,000
Insured's SUM Limit = $100,000
Other Motor Vehicle Liability Limit = $25,000
Result: Assume that both the insured and the other motor vehicle owner or operator are each 50% at fault for the accident. In light of the comparative negligence of the parties involved in the accident, the
insured's total recovery would be $75,000. The insured would recover $25,000 from the other negligent
motor vehicle owner or operator and $50,000 under the SUM coverage of the insured's policy. Since the
insured was 50% at-fault, the insured would recover only 50% of the insured's total bodily injury
damages which would be $75,000.
On the other hand, if the other motor vehicle owner or operator was totally at fault for the accident the
insured would recover $25,000 from the negligent motor vehicle owner or operator and would then
receive $75,000 in SUM coverage under the insured's policy. Had the insured purchased liability and
SUM limits of $150,000 or more, the SUM recovery would then be $125,000.
Available Limits of UM and SUM Coverage:
UM coverage is available only in limits of $25,000/$50,000. SUM Coverage is also available at that limit, and
it includes UM Coverage. You may also purchase SUM Coverage in higher limits as shown below. Please
note however, the SUM Coverage limit you select cannot be higher than your Bodily Injury Liability
Coverage limit.
New York Uninsured Motorists (UM) and Supplementary Uninsured/Underinsured Motorists (SUM)
Limits
$25,000/$50,000 - UM Coverage Limits
OR
SUM Coverage Limits
$25,000 / $50,000
$30,000 / $60,000
$50,000 / $100,000
$100,000 / $300,000
$250,000 / $500,000
$100,000 Combined Single Limit
$300,000 Combined Single Limit
$500,000 Combined Single Limit
06668 (01012011)
National General Insurance Online, Inc.
This Endorsement Applies Only If
Form Number 06669 (10012013) Appears in the Declarations.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SUPPLEMENTARY UNINSURED/UNDERINSURED MOTORISTS ENDORSEMENT - NEW YORK
We, the company agree with you, as the named
insured, in return for payment of the premium for this
coverage, to provide Supplementary
Uninsured/Underinsured Motorists (SUM) coverage,
subject to the following terms and conditions:
INSURING AGREEMENTS
I.
Definitions: For purposes of this SUM
endorsement, the following terms have the following
meanings.
(a) Insured. The unqualified term "insured" means:
(1) you, as the named insured and, while
residents of the same household, your
spouse and the relatives of either you or
your spouse;
(2) any other person while occupying:
(i) a motor vehicle insured for SUM under
this policy; or
(ii) any other motor vehicle while being
operated by you or your spouse; and
(3) any person, with respect to damages such
person is entitled to recover, because of
bodily injury to which this coverage applies
sustained by an insured under paragraph
(1) or (2) above.
(b) Bodily Injury. The term "bodily injury" means
bodily harm, including sickness, disease or
death resulting therefrom.
(c) Uninsured Motor Vehicle. The term "uninsured
motor vehicle" means a motor vehicle that,
through its ownership, maintenance or use,
results in bodily injury to an insured, and for
which:
(1) no bodily injury liability insurance policy or
bond applies to such vehicle (including a
vehicle that was stolen, operated without the
owner's permission, or unregistered) at the
time of the accident; or
(2) neither owner nor driver can be identified
(including a hit-and-run vehicle), and which
causes bodily injury to an insured by
physical contact with the insured or with a
motor vehicle occupied by the insured at
the time of the accident, provided that:
(i) the insured or someone on the
insured's behalf shall have reported the
accident within 24 hours or as soon as
reasonably possible to a police, peace
or judicial officer or to the Commissioner
of Motor Vehicles and shall have filed
with the Company a statement under
oath that the insured or the insured's
legal representative has a cause or
causes of action arising out of such
accident for damages against a person
or persons whose identity is
unascertainable, and setting forth the
facts in support thereof; and
(ii) at the request of the Company, the
insured or the insured's legal
representative makes available for
inspection the automobile the insured
was occupying at the time of the
accident; or
(3) there is a bodily injury liability insurance
coverage or bond applicable to such motor
vehicle at the time of the accident, but:
(i) the amount of such insurance coverage
or bond is less than the third-party
bodily injury liability limit of this policy; or
(ii) the amount of such insurance coverage
or bond has been reduced, by payments
to other persons injured in the accident,
to an amount less than the third-party
bodily injury liability limit of this policy; or
(iii) the insurer writing such insurance
coverage or bond denies coverage, or
such insurer is or becomes insolvent.
The term "uninsured motor vehicle" does not
include a motor vehicle that is:
(1) insured under the liability coverage of this
policy; or
(2) owned by you, as the named insured, or
your spouse residing in your household; or
(3) self-insured within the meaning of the
financial responsibility law of the state in
which the motor vehicle is registered, or any
similar state or federal law, to the extent that
the required amount of such coverage is
equal to, or greater than, the third-party
bodily injury liability limits of this policy; or
(4) owned by the United States of America,
Canada, a state, a political subdivision of
any such government, or an agency of any
of the foregoing; or
(5) a land motor vehicle or trailer, while located
for use as a residence or premises and not
as a vehicle, or while operated on rails or
crawler-treads; or
(6) a farm type vehicle or equipment designed
for use principally off public roads, except
while actually upon public roads.
(d) Occupying. The term "occupying" means in,
upon, entering into, or exiting from a motor
vehicle.
(e) State. The term "state" includes the District of
Columbia, a territory or possession of the United
States, and a province of Canada.
II. Damages for Bodily Injury Caused by Uninsured
Motor Vehicles:
We will pay all sums that the insured or the
insured's legal representative shall be legally
entitled to recover as damages from the owner or
operator of an uninsured motor vehicle because of
bodily injury sustained by the insured, caused by
an accident arising out of such uninsured motor
vehicle's ownership, maintenance or use, subject to
the Exclusions, Conditions, Limits and other
provisions of the SUM endorsement.
III. SUM Coverage Period and Territory:
This SUM coverage applies only to accidents that
occur:
1. during the policy period shown in the
Declarations; and
2. in the United States, its territories or
possessions, or Canada.
EXCLUSIONS
This SUM coverage does not apply:
1. to bodily injury to an insured, including care or loss
of services recoverable by an insured, if such
insured, such insured's legal representatives, or
any person entitled to payment under this coverage,
without our written consent, settles any lawsuit
against any person or organization that may be
legally liable for such injury, care or loss of services,
but this provision shall be subject to Condition 10.
2. to bodily injury to an insured incurred while
occupying a motor vehicle owned by that insured,
if such motor vehicle is not insured for SUM
coverage by the policy under which a claim is made,
or is not a newly acquired or replacement motor
vehicle covered under the terms of this policy.
3. for non-economic loss, resulting from bodily injury
to an insured and arising from an accident in New
York State, unless the insured has sustained
serious injury as defined in Section 5102(d) of the
New York Insurance Law.
CONDITIONS
1. Policy Provisions: None of the Insuring
Agreements, Exclusions or Conditions of the policy
shall apply to this SUM coverage except: "Duties
After an Accident or Loss"; "Fraud"; and
"Termination" if applicable.
2. Notice and Proof of Claim: As soon as practicable,
the insured or other person making claim shall give
us written notice of claim under this SUM coverage.
As soon as practicable after our written request, the
insured or other person making claim shall give us
written proof of claim, under oath if required,
including full particulars of the nature and extent of
the injuries, treatment, and other details we need to
determine the SUM amount payable.
The insured and every other person making claim
hereunder shall, as may reasonably be required,
submit to examinations under oath by any person
we name and subscribe the same. Proof of claim
shall be made upon forms we furnish unless we fail
to furnish such forms within 15 days after receiving
notice of claim.
3. Medical Reports: The insured shall submit to
physical examinations by physicians we select when
and as often as we may reasonably require. The
insured, or in the event of the insured's incapacity,
such insured's legal representative (or in the event
of such insured's death, the insured's legal
representative or the person or persons entitled to
sue therefor), shall upon each request from us
authorize us to obtain relevant medical reports and
copies of relevant records.
4. Notice of Legal Action: If the insured or such
insured's legal representative brings any lawsuit
against any person or organization legally
responsible for the use of a motor vehicle involved in
the accident, a copy of the summons and complaint
or other process served in connection with the
lawsuit shall be forwarded immediately to us by the
insured or the insured's legal representative.
5. SUM Limits: The SUM limits payable under this
SUM endorsement shall be:
(a) the SUM limits stated in the Declarations; or
(b) if the bodily injury results in death, we will
provide SUM limits of the higher of the SUM
limits stated in the Declarations, or $50,000 for
such bodily injury resulting in death sustained
by one person as the result of any one accident
and, subject to this person limit, $100,000 for
such bodily injury resulting in death sustained
by two or more persons as the result of any one
accident.
6. Maximum SUM Payments: Regardless of the
number of insureds, our maximum payment under
this SUM endorsement shall be the difference
between:
(a) the SUM limits; and
(b) the motor vehicle bodily injury liability insurance
or bond payments received by the insured or
the insured's legal representative, from or on
behalf of all persons that may be legally liable
for the bodily injury sustained by the insured.
The SUM limit shown on the Declarations for "Each
Person" is the amount of coverage for all damages
due to bodily injury to one person. The SUM limit
shown under "Each Accident" is, subject to the limit
for each person, the total amount of coverage for all
damages due to bodily injury to two or more
persons in the same accident.
7. Non-Stacking: Regardless of the number of
vehicles involved, persons covered, claims made,
vehicles or premiums shown in this policy, or
premium paid, the limits, whether for uninsured
motorists coverage or supplementary
uninsured/underinsured motorists coverage, shall
never be added together or combined for two or
more vehicles to determine the extent of insurance
coverage available to an insured injured in the
same accident.
8. Priority of Coverage: If an insured is entitled to
uninsured motorists coverage or supplementary
uninsured/underinsured motorists coverage under
more than one policy, the maximum amount such
insured may recover shall not exceed the highest
limit of such coverage for any one vehicle under any
one policy, and the following order of priority shall
apply:
(a) a policy covering a motor vehicle occupied by
the injured person at the time of the accident;
(b) a policy covering a motor vehicle not involved in
the accident under which the injured person is a
named insured; and
(c) a policy covering a motor vehicle not involved in
the accident under which the injured person is
an insured other than a named insured.
Coverage available under a lower priority policy
applies only to the extent that it exceeds the
coverage of a higher priority policy.
9. Exhaustion Required: Except as provided in
Condition 10, we will pay under this SUM coverage
only after the limits of liability have been used up
under all motor vehicle bodily injury liability
insurance policies or bonds applicable at the time of
the accident in regard to any one person who may
be legally liable for the bodily injury sustained by
the insured.
10. Release or Advance: In accidents involving the
insured and one or more negligent parties, if such
insured settles with any such party for the available
limit of the motor vehicle bodily injury liability
coverage of such party, release may be executed
with such party after thirty calendar days actual
written notice to us, unless within this time period we
agree to advance such settlement amounts to the
insured in return for the cooperation of the insured
in our lawsuit on behalf of the insured.
We shall have a right to the proceeds of any such
lawsuit equal to the amount advanced to the
insured and any additional amounts paid under this
SUM coverage. Any excess above those amounts
shall be paid to the insured.
An insured shall not otherwise settle with any
negligent party, without our written consent, such
that our rights would be impaired.
11. Non-Duplication: This SUM coverage shall not
duplicate any of the following:
(a) benefits payable under workers' compensation
or other similar laws;
(b) non-occupational disability benefits under article
nine of the Workers' Compensation Law or other
similar law;
(c) any amounts recovered or recoverable pursuant
to article fifty-one of the New York Insurance
Law or any similar motor vehicle insurance
payable without regard to fault;
(d) any valid or collectible motor vehicle medical
payments insurance; or
(e) any amounts recovered as bodily injury
damages from sources other than motor vehicle
bodily injury liability insurance policies or bonds.
12. Arbitration: If any insured is making claim under
this SUM coverage and we do not agree that such
insured is legally entitled to recover damages from
the owner or operator of an uninsured motor vehicle
because of bodily injury sustained by the insured,
or do not agree as to the amount of payment that
may be owing under this SUM coverage, then, at the
option and upon written demand of such insured,
the matter or matters upon which such insured and
we do not agree shall be settled by arbitration,
administered by the American Arbitration
Association, pursuant to procedures prescribed or
approved by the Superintendent of Financial
Services for this purpose.
If, however, the maximum amount of SUM coverage
provided by this endorsement equals the amount of
coverage required to be provided by section
3420(0(1) of the New York Insurance Law and
Article 6 or 8 of the New York Vehicle and Traffic
Law, then such disagreement shall be settled by
such arbitration procedures upon written demand of
either the insured or us.
Judgment upon the award rendered by the arbitrator
may be entered in any court having jurisdiction
thereof, and any such insured and we each agree to
be bound by any award made by the arbitrator as to
this SUM coverage. For purposes of this Condition,
the term, "insured" includes any person authorized
to act on behalf of the insured.
13. Subrogation: If we make a payment under this
SUM coverage, we have the right to recover the
amount of this payment from any person legally
responsible for the bodily injury or loss of the
person to whom, or for whose benefit, such payment
was made to the extent of the payment. The
insured or any person acting on behalf of the
insured must do whatever is necessary to transfer
this right of recovery to us. Except as permitted by
Condition 10, such person shall do nothing to
prejudice this right.
14. Payment of Loss by Company: We shall pay any
amount due under this SUM coverage to the
insured or, at our option, to a person authorized by
law to receive such payment or to a person legally
entitled to recover the damages which the payment
represents.
15. Action Against Company: No lawsuit shall lie
against us unless the insured or the insured's legal
representative has first fully complied with all the
terms of this SUM coverage.
16. Survivors Rights: If you or your spouse, if a
resident of the same household, dies, this SUM
coverage shall cover:
(1) the survivor as named insured;
(2) the decedent's legal representative as named
insured, but only while acting within the scope
of such representative's duties as such; and
(3) any relative who was an insured at the time of
such death.
National General Insurance Online, Inc.
This Endorsement Applies Only If
Form Number 06877 (08012001) Appears in the Declarations.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
FULL WINDOW GLASS COVERAGE ENDORSEMENT
Coverage is provided only when this endorsement is noted in the Declarations of this policy. All the provisions of the
policy apply to the coverage provided by this endorsement except as modified herein.
The first paragraph of the Insuring Agreement in Part D is amended by the addition of the following:
We will pay under this Part for the cost of repairing or replacing damaged window glass on your covered auto without the
application of any deductible. We will pay only if:
1. the Declarations indicate that Part D - Coverage for Damage to Your Auto applies; and
2. a specific premium charge for Full Window Glass Coverage is shown in the Declarations.
National General Insurance Online, Inc.
IMPORTANT NOTICE
CREDIT DISCLOSURE STATEMENT
In connection with this insurance, we previously used a credit report or obtained or used a credit-based insurance score
based on information contained in that report. We may obtain or use credit information again provided, however, that upon
renewal such information may only be used to reduce premiums. An insurance score uses information from your credit
report to help predict how often you are likely to file claims and how expensive those claims will be. Typical items from a
credit report that could affect a score include, but are not limited to, the following: payment history, number of revolving
accounts, number of new accounts, the presence of collection accounts, bankruptcies and foreclosures. The information
used to develop the insurance score comes from TransUnion Corporation. If you have any questions please contact us at
1-877-468-3466.
06912 (01012005)
National General Insurance Online, Inc.
This Endorsement Applies Only If
Form Number 07490 (01012011) Appears in the Declarations.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TOWING AND LABOR COVERAGE
Coverage is provided under this endorsement only when noted in the Declarations of this policy.
All the provisions of this policy apply to the coverage provided by this endorsement except as modified herein.
INSURING AGREEMENT
Within the policy territory as defined in PART F –
GENERAL PROVISIONS, we will pay the reasonable
cost you incur for your covered auto or any nonowned auto as defined in PART D – COVERAGE FOR
DAMAGE TO YOUR AUTO of your policy for:
1. mechanical labor up to one hour at the place of your
covered auto’s breakdown;
2. towing to the nearest place where the necessary
repairs can be made during regular business hours if
your covered auto will not run;
3. towing your covered auto out if it is stuck on or
immediately next to a public roadway;
4. delivery of gas, oil, battery, or change of tire.
WE DO NOT PAY FOR THE COST OF THE
NECESSARY REPAIRS OR THE COST OF THE GAS,
OIL, BATTERY, OR TIRE.
LIMIT OF LIABILITY
The limit noted in the Declarations for this coverage is
the maximum we will pay for any one loss.
Subject to this limit for each loss, the limit of liability for
each policy term is six (6) losses. This is our maximum
limit of liability for all losses occurring within each policy
term.
You will not be entitled to receive duplicate payment
under this endorsement for reasonable costs you incur
and which are covered elsewhere under the policy.
National General Insurance Online, Inc.
IMPORTANT NOTICE
Important Insurance Information for Policyholders
1. Financial security (insurance) shall be maintained without interruption during the entire registration period regardless
of whether the vehicle is driven.
2. License plates must be surrendered before insurance is cancelled or suspended without exception. This is
compliance with NYS law. Surrendering license plates before cancellation of insurance will prevent communications
from DMV based on cancellation that insurers are required by law report to DMV.
3. Policyholders moving from NYS must coordinate the surrender of NYS license plates and cancellation of a NYS
insurance policy with obtaining a new registration and insurance policy in another state. Again, this will prevent DMV
communications based on cancellation reported by insurers.
4. Insurers must provide policyholders with at least two identical I.D. cards for each vehicle insured. I.D. cards represent
that insurance is provided for the named insured and the described vehicle, as applicable, as of the effective date
shown thereon.
5. Encrypted 2D bar codes on I.D. cards contain tamper proof features that prevent I.D. card fraud. The bar code
contains information about the policy, effective dates of coverage and issuance date, registrant name and address,
vehicle description (as applicable) and the issuer of the I.D. card.
6. Some insurers and agents are using software that allows I.D. cards to be either e-mailed or faxed. Successful faxing
requires equipment in good working order both sending and receiving. Faxed I.D. cards are only acceptable if the I.D.
card contains a large faxable bar code that scans (is readable).
7. Policyholders should check to be sure that the name and the vehicle identification number (VIN) on all the I.D. cards
are identical to the name and VIN on all the registrations. Policyholders should immediately notify their agent and/or
insurer of any discrepancies. Agents and/or insurer must issue corrected I.D. card and change policy records
accordingly.
8. Policyholders must keep one I.D. card in the vehicle at all times.
9. An I.D. card must, upon demand, be shown to a law enforcement officer, judge, hearing officer or any person with
whom the insured or other driver may have had an accident. In the event of an accident, the insured or driver can also
demand to see the other driver’s I.D. card.
10. The failure to produce an I.D. card at the request of a law enforcement officer is presumptive evidence of uninsured
operation for which the driver may be given a ticket. An I.D. card must be produced upon demand by any driver of a
vehicle, not just the registrant.
11. If the second I.D. card is not currently required for registration purposes it should be kept in safe place since it may be
required to be submitted to DMV as proof of insurance in the future.
12. Upon loss of an I.D. card the insured shall contact the insurance company, agent or broker, not DMV.
13. An I.D. card is only as good as the policy that it represents. If for any reason the insurance policy is terminated, then
the I.D. cards issued in conjunction with such policy are void. Any use of such invalid I.D. cards may be violation of
law.
14. Failure to maintain liability insurance coverage continuously throughout the registration period even if the vehicle is
not in use may result in the suspension of the registration and driving privileges. Registrants if eligible may opt to pay
a civil penalty for each day that a vehicle was registered and uninsured one time in a 3-year period if the lapse in
coverage does not exceed 90 days. A thirty-day revocation may be imposed on the hire vehicles such as taxis,
liveries, buses, rentals and so forth.
15. Driving without insurance, a valid registration or driver’s license is subject to severe sanctions under the law. A driver
may be arrested and incarcerated and the vehicle impounded. Such driver is subject to fines and surcharges in a
court of law. In cases of uninsured operation DMV will impose mandatory revocation or registration and driver’s
license as well as a substantial civil penalty.
16. Fraudulent issuance or use of an I.D. card as proof of a non-existent policy is punishable as a misdemeanor under
NYS law.
07567 (08012008)
National General Insurance Online, Inc.
RATING INFORMATION FORM
THE RATES IN THIS PROGRAM MAY BE HIGHER THAN THE NEW YORK ASSIGNED RISK PLAN RATES.
(for attachment to policy)
The provisions hereof apply only to the coverages purchased by the insured as indicated in the policy declarations by
specific premium charge or charges.
The automobile has been rated as indicated in the policy declaration on the basis of statements made by the named
insured in his (her) application. Such rating classification is defined below:
CLASSIFICATIONS
A. Aqe, Sex and Marital Status Classification:
Vehicles are rated according to their assigned operators age, sex, and marital status. Each combination of these three
classifications is a unique grouping with its own rating factor. For example, a 24 year old single male is a different
combination from a 25 year old single male.
If a rated driver becomes widowed during the policy term, he or she will continue to be rated as married as long as
coverage remains continuously in force.
Operator Assignment To Vehicles
The premium for each vehicle is determined by assigning the highest rated driver to each vehicle. The "highest rated
driver" is determined through a combination of age/sex/marital status, driving record, and applicable discounts and
surcharges.
If two or more drivers have the same combined bodily injury liability driver class and points factor, the assignment order of
the drivers is determined by their listing order.
A vehicle may have only one rated driver.
B. Vehicle Use Classification
Business Use - Vehicles required by or customarily involved in the duties of any operator of the vehicle in his or her
occupation, profession or business will be classified as "Business Use" vehicles. Vehicles owned by a partnership or
corporation will also be classified as "Business Use."
Artisan Use - A single vehicle operated by the insured in a trade or business where the vehicle is:
a. owned or leased by an individual, and
b. operated solely by the named insured or other resident relatives, and
c.
is used to transport tools or other materials, where such transport is incidental to the insured's trade or business,
to no more than two job sites per day, and
d. is not used to transport explosives, flammable materials, or equipment weighing more than 500 pounds.
Route Use - Vehicles used by an employee of the United States Government, and is principally used by that person
in the business of the United States Government to deliver mail.
Pleasure Use - All other eligible vehicles.
DEFINITIONS
1. The term "resident in the same household" shall include an individual absent from the household while attending
school. However, it shall not include an individual in active military service with the armed forces of the United States
of America unless such individual customarily operates the automobile.
2. "Long-term contract" means a contract of six months or longer.
RATING TIERS
New policyholders are rated in one of sixty unique underwriting sub-tiers based on objective, mutually exclusive
underwriting criteria. These sixty sub-tiers roll up into one of 10 tiers which facilitate the application of discounts and other
factors that are applied at the tier level. Each insured will be reviewed beginning at the 2nd annual renewal and each
annual renewal thereafter and automatically retiered to the next lower priced tier if certain criteria are met. This criteria
includes payment history, driving record and current bodily injury limits. The purchase of higher bodily injury limits may be
necessary in order to reach the next lower priced tier.
The plan under which your policy is rated uses past experience, accidents and convictions, as part of the determination of
your premium cost. The point system described below has been established so that those drivers that have no points
receive the lowest premiums. If during the three year experience period, you had one or more chargeable accident or
chargeable traffic convictions under our Safe Driver Insurance Plan, your premium rates will be higher than they otherwise
would be. The description below of our Safe Driver Insurance Plan includes a list of events which we may surcharge you
for and the circumstances under which surcharges may be removed and refunded. We trust this will answer any questions
you may have concerning your surcharge. If you have any further questions, you may call us at 1-877-468-3466.
ADDITIONAL CHARGES
For private passenger automobile risks, an additional and separately identified charge shall be made on the basis of
points accumulated during the three years ending on the last day of the fourth month preceding the date of application for
assignment, and in the case of renewals, during the three years ending on the last day of the fourth month preceding the
effective date of the renewal policy.
Points shall be assigned for convictions and accidents involving the applicant as an owner or operator, and for convictions
and accidents involving anyone who usually operates the motor vehicle, in accordance with the following:
TABLE 1
POINTS ASSIGNABLE FOR CONVICTIONS AND ACCIDENTS
Points
First
Conviction
Each
Additional
Conviction
Operating a motor vehicle while intoxicated or impaired by the consumption of
alcohol or of a drug.
3
4
(2)
Leaving the scene of an incident without stopping to report
6
6
(3)
Homicide or assault arising out of the use or operation of a motor vehicle, or
criminal negligence in the use or operation of a motor vehicle resulting in the
injury or death of another person, or use or operation of a motor vehicle
directly or indirectly in the commission of a felony.
6
6
Knowingly operating an owned motor vehicle without a valid registration in
effect or any motor vehicle without a valid driver's license in effect (except
when the person convicted has possessed a valid driver's license or
registration which had expired and was subsequently renewed), or during a
period of revocation or suspension thereof, or in violation of the limitations
applicable to a license issued pursuant to Article Twenty-One or Article
Twenty-One-A of the Vehicle and Traffic Law.
4
4
Operating a motor vehicle while seeking to avoid apprehension or arrest by a
law enforcement officer.
6
6
Filing or attempting to file a false or fraudulent automobile insurance claim, or
knowingly aiding or abetting in the filing or attempted filing of any such claims
4
4
Filing a false document with the Department of Motor Vehicles, or using a
license or registration obtained by filing a false document with the Department
of Motor Vehicles
4
4
Operating a motor vehicle in excess of the speed limit or in a reckless manner
where injury or death results therefrom.
5
5
A.
CONVICTIONS
(1)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
Operating a motor vehicle in a race or speed test.
5
5
Knowingly permitting or authorizing an unlicensed driver to operate a motor
vehicle insured under the policy.
4
4
Operating a motor vehicle at a speed of more than 15 m.p.h. in excess of the
legal limits.
3
2
Careless driving, failure to yield, running red light or stop sign, failure to
comply with signal, following too closely, driving wrong direction, illegal
passing, passing stopped school bus, negligent driving and minor violations.
3
3
Each automobile accident that has occurred in the most recent 12 months,
and resulting in bodily injury or death, or in damage in excess of $2,000 to
any property including his own.
4
4
Each automobile accident that is within the chargeable experience period, but
more than 12 months old, and resulting in bodily injury or death, or in damage
in excess of $2,000 to any property including his own. Damage to any
property in excess of $1,000 is applicable to accidents occurring prior to
November 27, 2010.
4
4
B. ACCIDENTS
(1)
(2)
EXCEPTIONS: Points shall not be assigned for accidents under the following circumstances:
(a) when the auto was lawfully parked; or
(b) applicant, insured, or other operator or owner or insurer reimbursed by or on behalf of a person responsible for the
accident or has judgment against said person, equal to 33 1/3% or more of the value of the insured's property
damage claim. The value of the insured's property damage claim as defined as the lesser of the adverse carriers or
the insured's estimate; or
(c) when the auto of the insured or other operator resident in the same household was struck in rear by another vehicle
and the insured or other resident operator has not been convicted of a moving traffic violation in connection with the
accident; or
(d) operator of the other motor vehicle involved in such accident was convicted of a moving violation and the applicant,
insured or other operator was not convicted of a moving violation in connection therewith; or
(e) when the auto operated by the insured or other operator resident in same household was struck by a hit-and-run
vehicle, if the accident is reported to the proper authority within 24 hours by the insured or resident operator; or
(f) payment was made under Personal Injury Protection when the operator or owner is not at fault or the vehicle was not
in operation; or
(g) when a paid or volunteer member of any police or fire department, first aid squad or any law enforcement agency was
using any vehicle in the performance of his/her duty, or was performing any other governmental function in a public
emergency; or
(h) when the insured or other resident in the insured's household operates a vehicle for hire or a motor vehicle other than
a private passenger vehicle, and the accident occurred while in the course of employment and said accident did not
result in a conviction for a moving traffic violation; or
(i) when the insured has had an accident while operating, as an employee, a commercial vehicle, in the course of
employment and in the discharge of his/her duties at the time of the accident, unless the accident has been
determined to have been caused by the intentional actions or gross negligence of the insured. For purposes of this
rule only, the term "gross negligence" shall not mean the insured's failure to refuse to drive or operate a vehicle which
has a defection condition that is known to the insured, provided the insured had reported such defective condition to
the insured's immediate supervisor or employer; or
(j) claims for which the operator is not at fault; or
(k) accidents involving damage by contact with animals or fowl; or
(I) accidents involving physical damage limited to and caused by flying gravel, missiles or falling objects.
NOTE: An automobile rolling from a parked position shall not be considered as lawfully parked, but shall be considered as
the operation of the last operator.
DRIVING RECORD POINT SURCHARGES
The driving record points assigned will result in a surcharge for Bodily Injury, Property Damage, Mandatory Personal
Injury Protection, Comprehensive, and Collision coverages. The surcharge will also vary by policy tier and by driver class
of the rated driver.
NOTE 1:
Points applicable to a multi-car risk shall be applied to the highest rated motor vehicle except where the
points have been accumulated by the usual operator of another motor vehicle listed on the policy in which
case the points shall be applied to the vehicle usually operated by the operator accumulating the points.
Irrespective of the foregoing, the aggregate surcharge shall be no greater than the amount of surcharge
that would have been generated if only the highest rated motor vehicle was insured under the policy.
NOTE 2:
For private passenger risks, points are assignable for accidents only while operating a private passenger
type automobile.
NOTE 3:
Refund of Surcharge - Any additional premium shall be refunded or credited to present or former insureds
in any of the following circumstances except that the insured shall have the option of receiving a dollar
refund in lieu of a credit:
NOTE 4:
(a)
it is subsequently established that the accident for which an additional charge was applied falls under
one of the exceptions enumerated above, or
(b)
the conviction of a chargeable violation or traffic infraction is ultimately reversed, or
(c)
an additional charge was levied through mistake, carelessness, misinformation, or other error, or
(d)
the insured has established a reserve but no claim was submitted for a period of three years after the
date of the incident, or the statute of limitations has run and no suit has been filed.
Any reimbursement or judgment received by the applicant or anyone who usually operates the motor
vehicle should be reported to the company.
10387 (09012014)
INSERTBEGIN
Personal Automobile Policy
5630 University Parkway ● PO Box 3199
Winston-Salem NC 27102-3199
Integon Casualty Insurance Company
MIC General Insurance Corporation
Integon General Insurance Corporation National General Assurance Company
Integon Indemnity Corporation
National General Insurance Company
Integon National Insurance Company National General Insurance Online, Inc.
Integon Preferred Insurance Company
New South Insurance Company
INSERTEND
10468 (01012011)
10469 (01012011)
YOUR PERSONAL AUTOMOBILE POLICY QUICK REFERENCE
DECLARATIONS PAGE
Your Name, Address, Auto or Trailer, Policy Period, Coverages and Amounts of Insurance
This policy is a legal contract between you and us. These policy provisions, along with the Declarations Page, statements
made at the time of application and any endorsements issued, complete this policy.
Read your policy carefully. Provisions of this contract and its endorsements (if any) restrict coverage. Be certain you
understand all of the coverage terms, the exclusions, and your rights and duties.
AGREEMENT ................................................................. 1
EXCLUSIONS ............................................................. 9
DEFINITIONS ...................................................... 1
LIMIT OF LIABILITY .................................................. 10
PART A - LIABILITY COVERAGE ................................. 2
PAYMENT OF LOSS ................................................ 11
INSURING AGREEMENT ................................... 2
NO BENEFIT TO BAILEE ......................................... 11
SUPPLEMENTARY PAYMENTS ........................ 2
OTHER SOURCES OF RECOVERY........................ 11
EXCLUSIONS ...................................................... 3
APPRAISAL .............................................................. 12
LIMIT OF LIABILITY ............................................ 4
PART E - DUTIES AFTER AN ACCIDENT
OR LOSS - FILING A CLAIM ....................................... 12
OUT OF STATE COVERAGE ............................. 4
FINANCIAL RESPONSIBILITY REQUIRED ....... 5
OTHER INSURANCE .......................................... 5
PART B - MEDICAL PAYMENTS COVERAGE ............ 5
INSURING AGREEMENT ................................... 5
EXCLUSIONS ...................................................... 5
GENERAL DUTIES ........................................... 12
ADDITIONAL DUTIES FOR UNINSURED
MOTORISTS COVERAGE ................................ 12
ADDITIONAL DUTIES FOR COVERAGE
FOR DAMAGE TO YOUR AUTO ...................... 12
PART F - GENERAL PROVISIONS............................. 12
LIMIT OF LIABILITY ............................................ 6
ADDITIONAL DEFINITION USED
IN THIS PART ................................................... 12
OTHER INSURANCE .......................................... 6
BANKRUPTCY .................................................. 12
PART C - UNINSURED MOTORISTS COVERAGE ...... 6
CHANGES ......................................................... 12
INSURING AGREEMENT ................................... 6
LEGAL ACTION AGAINST US ......................... 13
DEFINITIONS ...................................................... 6
OUR RIGHT TO RECOVER PAYMENT ........... 13
EXCLUSIONS ...................................................... 7
POLICY PERIOD AND TERRITORY ................ 13
LIMIT OF LIABILITY ............................................ 7
PREMIUM DUE ON POLICIES ......................... 13
OTHER INSURANCE .......................................... 8
TERMINATION - CANCELLATION,
NONRENEWAL, AUTOMATIC TERMINATION,
DISHONORED/INSUFFICIENT CHECKS,
CREDIT CARDS, DRAFT OR OTHER
REMITTANCE, OTHER
TERMINATION PROVISIONS .......................... 14
ARBITRATION ..................................................... 8
PART D - COVERAGE FOR DAMAGE
TO YOUR AUTO ............................................................. 8
INSURING AGREEMENT ........................................... 8
TOWING AND STORAGE CHARGES ........................ 9
TRANSFER OF YOUR INTEREST
IN THIS POLICY................................................ 15
MISREPRESENTATION AND FRAUD ............. 15
TRANSPORTATION AND EMERGENCY
TRAVEL EXPENSES .................................................. 9
UNPAID PREMIUM AND FEES ........................ 15
LOCKSMITH SERVICES ............................................ 9
TWO OR MORE AUTO POLICIES ................... 15
THEFT REWARD ........................................................ 9
PARTICIPATION CLAUSE ............................... 15
PERSONAL AUTOMOBILE POLICY
AGREEMENT
communicable disease contracted by any person
nor the exposure of such a disease by any person to
any other person.
This policy is issued and renewed in reliance upon the
truth and accuracy of the representations made in the
application for this insurance. The terms of this policy
impose obligations on all persons defined as you. The
responsibilities, acts and/or omissions, in connection
with this insurance, of any person defined as you shall
be binding upon all other persons defined as you.
H. “Business” means: trade, profession or occupation.
In return for payment of the premium and subject to all
the terms of this policy, we agree with you as follows:
DEFINITIONS
“Depreciation” means: decline of value due to wear
and tear or obsolescence.
J.
“Diminution in value” means: the actual or
perceived reduction, if any, in the actual cash value
by reason of the fact that the property has been
damaged and repaired.
K. “Family member” means: a person related to you
by blood, marriage or adoption who is a resident of
your household. This includes a ward or foster child,
or stepchild.
A. Throughout this policy, “You” and “Your” refer to:
1. the named insured shown in the Declarations;
and
L. “Loss” means: sudden, direct, and accidental
destruction or damage. “Loss” does not include
diminution in value.
2. the spouse if a resident of the same household.
3. an individual who:
M. “Occupying” means: in; upon; getting into, out of,
on or off.
a. is a resident of the named insured’s
household; and
N. “Property damage” means: physical injury to,
destruction of, or loss of use of tangible property.
b. who co-owns one or more vehicles insured
under this policy with the named insured or
resident spouse; and
c.
I.
O. “Recreational vehicle” means: a vehicle used
primarily for recreational purposes, with permanently
installed equipment for cooking and/or sleeping,
which is:
is not a family member.
B. “We,” “us” and “our” refer to the Company shown
in the Declarations as providing this insurance.
1. a self-propelled motor home;
C. For purposes of this policy, a private passenger type
auto shall be deemed to be owned by a person if
leased:
2. a van conversion;
3. a travel trailer; or
4. a camper body which is designed and
constructed to be used with a pickup truck.
1. under a written agreement to that person; and
2. for a continuous period of at least 6 months.
P. “Trailer” means: a non-powered vehicle, including a
farm wagon or farm implement, designed to be
pulled on public roads by a:
The following words or phrases, when printed in boldfaced type or in quotation marks, are defined as follows:
D. “Accident” means: a sudden, unexpected, and
unintended event arising out of the ownership,
maintenance, or use of an auto that results in a
claim for damages either by an insured or against
an insured under the terms of your policy.
1. private passenger auto; or
2. recreational vehicle.
Q. “Your covered auto” means:
1. any auto shown in the Declarations.
E. “Actual Cash Value” means: the fair market value
of the stolen or damaged property at the time of
loss.
2. any of the following types of vehicles on the date
you become the owner, but only if you have
asked us to insure it as set forth below:
F. “Auto” means: a land motor vehicle having more
than three load-bearing wheels and which is
required to be registered under the laws relating to
motor vehicles designed primarily for operation
upon: the public streets; roads; and highways; and
driven by power other than muscular power.
a. a private passenger auto that has a Gross
Vehicle Weight as specified by the
manufacturer of less than 10,000 pounds;
b. a recreational vehicle; or
c.
G. “Bodily injury” means: bodily harm, sickness or
disease, including death that results therefrom.
Bodily injury does not include harm, sickness,
disease or death arising out of a medically defined
Page 1
a vehicle with a Gross Vehicle Weight of
10,000 pounds or more used exclusively to
tow your recreational vehicle for personal
recreational use.
If the auto you acquire replaces an auto shown
in the Declarations, it will have the same
coverage as the auto it replaced, if you:
choose the counsel of our choice which may include
an in-house counsel. In addition to our limit of
liability, we will pay all defense costs we incur. Our
duty to settle or defend ends when we offer to pay
and pay our limit of liability for this coverage. We
have no duty to defend any suit, settle any claim or
pay any judgment for bodily injury or property
damage not covered under this policy.
a. acquire the auto during the policy period;
and
b. ask us to insure it within 30 days after you
become the owner; and
c.
insure all of the autos you own with us.
B. “Insured” as used in Part A means:
If you do not notify us within the time limit noted
in b., no coverage exists for the replacement
auto.
1. you or any family member for the ownership,
maintenance, or use of any auto or trailer, with
the owner’s permission.
If the auto you acquire is in addition to any
shown in the Declarations, it will have the
broadest coverage we now provide for any auto
shown in the Declarations, if you:
2. any person using your covered auto with your
permission.
3. for your covered auto, any person or
organization other than 1. and 2. above. This
provision applies only with respect to legal
responsibility for acts or omissions of a person
for whom coverage is afforded under this Part.
a. acquire the auto during the policy period;
and
b. ask us to insure it within 30 days after you
become the owner; and
c.
4. for any auto or trailer, other than your covered
auto, any person or organization other than 1.
and 2. above. This provision applies only with
respect to legal responsibility for acts or
omissions of you or any family 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.
insure all of the autos you own with us.
If you do not notify us within the time limit noted
in b., no coverage exists for the newly acquired
auto.
3. any trailer you own:
a. while attached to your covered auto; and
b. not used in a business; and
c.
SUPPLEMENTARY PAYMENTS
that is not insured under any other auto
insurance policy.
In addition to our limit of liability, we will pay on behalf of
an insured:
However, if the trailer is a recreational vehicle
or is designed to be pulled by a recreational
vehicle, item 3. a. above does not apply.
1. up to $300 for the cost of bail bonds required
because of traffic law violations resulting from an
auto accident. The auto accident must result in
bodily injury or property damage covered under
this policy. We have no obligation to apply for or
furnish a bond.
4. any auto or trailer not owned by you while used
on a temporary basis as a substitute for any
other auto described in this definition which is
out of normal use because of its:
2. premiums on appeal bonds and bonds to release
attachments in any suit we defend and we choose to
appeal.
a. breakdown;
b. repair;
c.
servicing;
3. for damages covered under this policy, interest
accruing after a judgment is entered 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.
d. loss; or
e. destruction.
PART A - LIABILITY COVERAGE
4. reasonable loss of wages, up to $50 per day,
because of attendance at hearings, proceedings, or
trials at our request. This does not include other
types of income.
INSURING AGREEMENT
A. If you pay a premium for this coverage, we will pay
damages, except punitive or exemplary damages,
for bodily injury or property damage for which any
insured becomes legally responsible because of an
auto accident. Damages include prejudgment
interest awarded against the insured subject to our
limit of liability for this coverage. We will settle or
defend, as we consider appropriate, any claim or
suit asking for these damages. If we defend, we will
5. reasonable expenses for emergency first aid you
administer to others at the scene of an accident
involving any auto covered by this policy.
6. other reasonable expenses incurred at our request.
Page 2
EXCLUSIONS
7. maintaining or using any auto while that person
is employed or otherwise engaged in any
business not described in Exclusion 6. If a
business or artisan use is noted in the
Declarations for an auto shown in the
Declarations, this exclusion does not apply to:
the ownership; maintenance; or use of that auto
by:
A. Coverage under this Part A, including our duty to
defend, does not apply to:
1. bodily injury or property damage caused
intentionally by or at the direction of an insured.
2. property damage to property owned or being
transported by an insured.
a. you;
3. property damage to property:
b. any family member; or
a. rented to;
c.
b. used by; or
c.
in the care, custody, or control of;
8. any person using an auto beyond the scope of
the owner’s express or implied permission.
an insured.
9. bodily injury or property damage for which an
insured:
This exclusion does not apply to property
damage to a rented residence or rented private
garage caused by your covered auto.
a. is an insured under a nuclear energy liability
policy; or
4. bodily injury to an employee or fellow
employee of any insured arising out of the
course of employment. This exclusion does not
apply to bodily injury to a domestic employee
unless Workers’ Compensation benefits,
disability benefits, or similar benefits are
required or available for that domestic
employee.
b. would be an insured under a nuclear energy
liability policy but for its termination upon
exhaustion of its limit of liability.
For the purpose of this exclusion a nuclear
energy liability policy means a policy issued by
any of the following or their successors:
a. Nuclear Energy Liability Insurance
Association;
5. liability arising out of the ownership or operation
of an auto while it is being used to carry persons
or property for compensation or a fee. This
exclusion does not apply to a share-the-expense
car pool.
b. Mutual Atomic Energy Liability Underwriters;
or
c.
6. any person while employed or otherwise
engaged in the business of:
a. a motorcycle or any motorized vehicle
having fewer than four wheels or more than
six wheels; or
b. repairing;
servicing;
b. an all-terrain vehicle regardless of the
number of wheels it has; or
d. storing;
e. parking;
f.
c.
road testing;
g. delivering;
any self-propelled vehicle not licensed for
use on public roads; or
d. any vehicle weighing 10,000 or more
pounds other than your covered auto.
h. leasing; or
i.
Nuclear Insurance Association of Canada.
10. bodily injury or property damage arising out of
the ownership, maintenance, or use of:
a. selling;
c.
any partner, agent or employee of you or
any family member.
11. bodily injury or property damage arising out of
any person’s liability for the ownership,
maintenance, or use of your covered auto
when it:
washing
vehicles designed for use mainly on public
highways.
However, coverage does apply to you, a family
member, or any partner, agent or employee of
you or a family member when using your
covered auto.
a. is being rented or leased to others; or
b. has been sold to another; or
c.
Page 3
is under a conditional sales agreement by
you to another.
12. bodily injury or property damage arising out of
the ownership, maintenance, or use of an auto
while it is being operated in or while in practice
or preparation for any prearranged or organized:
a.
race event;
b.
hill climb;
c.
demonstration;
d.
speed contest;
e.
stunting contest; or
f.
performance contest.
LIMIT OF LIABILITY
A. The limit of liability shown in the Declarations for
each person for Bodily Injury Liability Coverage is
our maximum limit of liability for all damages for
bodily injury sustained by any one person in any
one auto accident. This includes all derivative
claims arising out of said bodily injury. Derivative
claims include, but are not limited to, damages for
care; death; loss of service; loss of consortium; loss
of society or companionship. Subject to this limit for
each person, the limit of liability shown in the
Declarations for each accident for Bodily Injury
Liability Coverage is our maximum limit of liability for
all damages for bodily injury resulting from any one
auto accident. This includes all derivative claims
arising out of said bodily injury. Derivative claims
include, but are not limited to, damages for care;
death; loss of service; loss of consortium; loss of
society or companionship. The limit of liability shown
in the Declarations for each accident for Property
Damage Liability Coverage is our maximum limit of
liability for all damages to all property resulting from
any one auto accident. The limit of liability shown in
the Declarations is the most we will pay under Bodily
Injury Liability Coverage or Property Damage
Liability Coverage, whichever is applicable, as a
result of any one auto accident regardless of the
number of:
13. bodily injury or property damage for which the
United States Government is held responsible
under the Federal Tort Claims Act.
14. bodily injury or property damage arising out of
any liability assumed by an insured under any
contract or agreement.
15. bodily injury or property damage to any
person while occupying any auto:
a. being used in unlawful activity (other than a
traffic violation), illicit trade or transportation;
or
b. used or operated in an attempt to flee a law
enforcement agent;
and such person is a willing participant in such
activity listed in a. or b. above.
1. insureds;
16. bodily injury or property damage caused by or
any consequence of:
2. claims made;
3. autos or premiums shown in the Declarations;
a. war, whether declared or undeclared;
4. vehicles involved in the accident;
b. civil war;
c.
5. premiums paid; or
insurrection;
6. lawsuits brought.
d. rebellion or revolution;
An auto and attached trailer are considered one
auto. Therefore, the limit of liability will not be
increased for an accident involving an auto with an
attached trailer.
e. radioactive contamination;
f.
nuclear reaction or radiation, whether
controlled or uncontrolled or however
caused.
B. Any amount payable under this coverage to or for an
injured person will be reduced by any payment
made to that person under any Medical Payments,
Uninsured or Underinsured Motorists, Personal
Injury Protection or No Fault coverage.
17. bodily injury or property damage arising out of
the ownership, maintenance, or use of your
covered auto as a residence or premises.
B. We do not provide Liability Coverage for the
ownership, maintenance, or use of:
C. No one will be entitled to receive duplicate payments
for the same elements of damage.
1. any auto, other than your covered auto, which
is:
OUT OF STATE COVERAGE
a. owned by you; or
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, we will interpret
your policy for that auto accident as follows:
b. furnished or available for your regular use.
2. any auto, other than your covered auto, which
is:
If the state or province has:
a. owned by any family member; or
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.
b. furnished or available for the regular use of
any family member.
However, this exclusion, B.2., does not apply to
you.
Page 4
2. a compulsory insurance or similar law requiring a
nonresident to maintain insurance whenever the
nonresident uses an auto in that state or province,
your policy will provide at least the required
minimum amounts and types of coverage.
3. sustained while occupying any auto, other than
your covered auto, which is:
FINANCIAL RESPONSIBILITY REQUIRED
4. sustained while occupying any auto, other than
your covered auto, which is:
a. owned by you; or
b. furnished or available for your regular use.
When this policy is certified as proof of financial
responsibility, this policy will comply with the law to the
extent required. If we make a payment for an accident
which is not covered under the terms of this policy, but
which we paid solely to comply with the terms of a
financial responsibility certification, you must reimburse
us to the extent of such payment.
a. owned by any family member; or
b. furnished or available for the regular use of any
family member.
However, this Exclusion 4. does not apply to
you.
OTHER INSURANCE
5. sustained while occupying any auto being used
beyond the scope of the owner’s express or implied
permission.
If there is other applicable liability insurance or bond, we
will pay only our share of the damages. Our share is the
proportion that our limit bears to the total of all
applicable limits. However, any insurance we provide for
an auto you do not own shall be excess over any other
collectible insurance, self insurance or bond.
6. resulting from the maintenance or use of any auto
while that person is engaged in the business of:
a. selling;
b. repairing;
PART B - MEDICAL PAYMENTS COVERAGE
c.
servicing;
INSURING AGREEMENT
d. storing;
A. Subject to the limit of liability shown in the
Declarations, if you pay a premium for Medical
Payments Coverage, we will pay reasonable
expenses incurred for necessary medical and
funeral services because of bodily injury:
e. parking;
f.
g. delivering;
h. leasing; or
1. caused by an auto accident; and
i.
2. sustained by an insured.
washing;
vehicles designed for use mainly on public
highways.
We will pay only those medical and funeral
expenses incurred within 3 years from the date of
the accident.
However, coverage does apply to you, a family
member, or any partner, agent or employee of you
or a family member when using your covered
auto.
B. “Insured” as used in Part B means:
1. you or any family member:
a. while occupying a motor vehicle; or
b.
road testing;
7. resulting from the maintenance or use of any auto
while that person is employed or otherwise engaged
in any business not described in Exclusion 6. If a
business or artisan use is noted in the Declarations
for an auto shown in the Declarations, this exclusion
does not apply to:
as a pedestrian when struck by 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 when your covered auto is being
used within the scope of your permission.
a. you; or
EXCLUSIONS
b. any family member; or
We do not provide Medical Payments Coverage for any
person for bodily injury:
c.
any partner or employee of you or any family
member.
8. caused by or as a consequence of:
1. arising out of the ownership or operation of an auto
while it is being used to carry persons or property for
compensation or a fee. This exclusion does not
apply to a share-the-expense car pool.
a. war, whether declared or undeclared;
b. civil war;
c.
2. occurring during the course of employment if
Worker’s Compensation benefits are required or
available for the bodily injury.
insurrection;
d. rebellion or revolution;
Page 5
e. radioactive contamination;
f.
B. Any amounts payable for expenses under this
coverage shall be reduced by any amounts paid or
payable for the same expenses under any Auto
Liability, Uninsured Motorists, Underinsured
Motorists, No Fault or Personal Injury Protection
Coverage provided by this policy.
nuclear reaction or radiation, whether controlled
or uncontrolled or however caused.
9. sustained while occupying:
a. a motorcycle or any motorized vehicle having
fewer than four wheels or more than six wheels;
or
C. When we make payment to you for any amount due
under this Part B, we may deduct from the payment
any premium or fees that are due and unpaid under
this policy.
b. an all-terrain vehicle regardless of the number of
wheels it has; or
c.
D. No one will be entitled to receive duplicate payments
for the same elements of damage.
any self-propelled vehicle not licensed for use
on public roads; or
OTHER INSURANCE
d. any vehicle weighing 10,000 or more pounds
other than your covered auto.
If there is other applicable auto medical payments
insurance we will pay only our share of the damages.
Our share is the proportion that our limit of liability bears
to the total of all applicable limits. This policy will be
excess over any coverage afforded to a permissive user
of your covered auto. Further, any coverage afforded
under this Part B shall be excess over any Personal
Injury Protection, No Fault or Workers’ Compensation
benefits required by law.
10. resulting from ownership, maintenance, or use of an
auto while it is being operated in or while in practice
or preparation for any prearranged or organized:
a. race;
b. hill climb;
c.
demonstration;
d. speed contest;
PART C - UNINSURED MOTORISTS COVERAGE
e. stunting contest; or
f.
INSURING AGREEMENT
performance contest.
If you pay a premium for this coverage, we will pay
damages, except punitive or exemplary damages, which
an insured is legally entitled to recover from the owner
or operator of an uninsured motor vehicle because of
bodily injury:
11. sustained while occupying any vehicle located for
use as a residence or premises.
12. intentionally caused by that person or reasonably
expected to result from an intentional act by that
person.
1. sustained by an insured; and
13. sustained while occupying any auto:
2. caused by an auto accident.
a. being used in unlawful activity (other than a
traffic violation), illicit trade or transportation; or
The owner’s or operator’s liability for these damages
must arise out of the ownership, maintenance, or use of
an uninsured motor vehicle.
b. used or operated in an attempt to flee a law
enforcement agent;
We will pay under this coverage only after the limits of
liability under any applicable liability bonds or policies
have been paid.
and such person is a willing participant in such
activity listed in a. or b. above.
Any judgment for damages arising out of a lawsuit is not
binding on us unless we have consented in writing to the
filing of the lawsuit.
LIMIT OF LIABILITY
A. 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 regardless of the
number of:
DEFINITIONS
A. “Insured” as used in this Part means:
1. you or any family member.
1. insureds;
2. any other person occupying your covered
auto within the scope of your express or implied
permission.
2. claims made;
3. autos or premiums shown in the Declarations;
3. any person for damages that person is legally
entitled to recover because of bodily injury to
which this coverage applies sustained by a
person listed in 1. or 2. above.
4. vehicles involved in the accident;
5. premiums paid; or
6. lawsuits brought.
Page 6
B. “Uninsured motor vehicle” means a land motor
vehicle or trailer:
2. while occupying your covered auto while it is
being used to carry persons or property for
compensation or a fee. This exclusion does not
apply to a share-the-expense car pool.
1. not insured by a bodily injury liability bond or
policy at the time of the accident.
3. using or occupying an auto beyond the scope
of the owner’s express or implied permission.
2. insured by a bodily injury liability bond or policy
which applies at the time of the accident, but its
limit of liability is less than the minimum limit
specified by the Financial Responsibility law of
the state in which your covered auto is
principally garaged.
4. while occupying any auto:
a. being used in any unlawful activity (other
than a traffic violation), illicit trade or
transportation; or
3. which is a hit-and-run vehicle whose operator or
owner cannot be identified and such operator or
owner causes an accident resulting in bodily
injury to an insured. If there is no physical
contact with the hit-and-run vehicle, the facts of
the accident must be corroborated by an
independent eyewitness other than the person
or persons making claim under this or similar
coverage.
b. used or operated in an attempt to flee a law
enforcement agent;
and such person is a willing participant in such
activity listed in a. or b. above.
5. when caused by the use of firearms or any other
weaponry.
B. This coverage shall not apply directly or indirectly to
benefit any insurer or self-insurer under any of the
following or similar law:
4. for which a bodily injury liability bond or policy
applies at the time of the accident but the
bonding or insuring company:
1. workers’ compensation law; or
a. denies coverage; or
2. disability benefits law.
b. is or becomes insolvent.
LIMIT OF LIABILITY
However, “uninsured motor vehicle” does not
include any vehicle or equipment:
A. The limit of bodily injury liability shown in the
Declarations for each person for Uninsured Motorists
Coverage is our maximum limit of liability for all
damages for bodily injury sustained by any one
person in any one auto accident. This includes all
derivative claims arising out of said bodily injury.
Derivative claims include, but are not limited to,
damages for care; death; loss of service; loss of
consortium; or loss of society or companionship.
Subject to this limit for each person, the limit of
liability shown in the Declarations for each accident
for Uninsured Motorists Coverage is our maximum
limit of liability for all damages for bodily injury
resulting from any one auto accident. This includes
all derivative claims arising out of said bodily injury.
Derivative claims include, but are not limited to,
damages for care; death; loss of service; loss of
consortium; or loss of society or companionship. The
limit of liability shown in the Declarations is the most
we will pay under Uninsured Motorists Coverage as
a result of any one auto accident regardless of the
number of:
1. owned or operated by a self-insurer under any
applicable motor vehicle law, except a
self-insurer which is or becomes insolvent.
2. owned by:
a. The United States of America;
b. Canada;
c.
a state;
d. any other governmental entity or unit; or
e. an agency of a., b., c., or d. above.
3. operated on rails or crawler treads.
4. which is designed mainly for use off public roads
while not on public roads.
5. while located for use as a residence or
premises.
6. owned by or furnished or available for the
regular use of you or any family member.
1. insureds;
7. which is insured for coverage under Part A of
this policy.
2. claims made;
EXCLUSIONS
3. autos or premiums shown in the Declarations;
A. We do not provide Uninsured Motorists Coverage for
bodily injury sustained by any insured:
4. vehicles involved in the accident;
5. premiums paid; or
1. if that person or the legal representative settles
the bodily injury claim without our written
consent.
6. lawsuits brought.
Page 7
B. Any amount otherwise payable for bodily injury
under this coverage shall be reduced by all sums:
2. as to the amount of damages sustained by the
insured; then either party may propose
arbitration.
1. paid or payable from or on behalf of persons or
organizations who may be legally responsible.
This includes all sums paid or payable under
Part A; and
Both we and the insured must agree to arbitration.
This arbitration shall be limited to the two
aforementioned factual issues. The Arbitrator will not
have the power to decide any dispute regarding the
nature or amount of coverage provided by the policy
or claims for damages outside the terms of the
policy, including, but not limited to, claims for: bad
faith; fraud; misrepresentation; punitive or exemplary
damages; attorney fees and/or interest.
2. paid or payable under any of the following or
similar law:
a. workers’ compensation law;
b. disability benefits law;
c.
personal injury protection or no-fault
coverage; or
B. If we and an insured agree to arbitration, unless
otherwise required by state law, the method, manner
and format of any arbitration process will be subject
to agreement by both parties.
d. medical expenses coverage.
C. Any payment made under this coverage shall reduce
the amount that person is entitled to receive for the
same element of damage under any Auto Liability,
Medical Payments, Uninsured Motorists,
Underinsured Motorists, No Fault or Personal Injury
Protection Coverage .
C. In the event arbitration is agreed upon, the costs of
the arbitrator(s) will be shared equally by us and the
insured. All other expenses shall be paid by the
party which incurs the expense. This includes, but is
not limited to, attorney fees and witness fees.
D. No one will be entitled to receive duplicate payment
for the same elements of damage.
D. The written decision by the arbitrator(s) shall be
binding on us and the insured, subject to the terms
of the policy.
OTHER INSURANCE
If there is other applicable insurance available under one
or more policies or provisions of coverage:
PART D - COVERAGE FOR DAMAGE
TO YOUR AUTO
1. Any recovery for damages under all such policies or
provisions of coverage may equal but not exceed
the highest applicable limit for any one vehicle under
any insurance providing coverage on either a
primary or excess basis.
INSURING AGREEMENT
A. If you pay a premium for this coverage, we will pay
for direct and accidental loss to your covered auto
or any non-owned auto, including their equipment.
We will pay for loss to your covered auto caused
by:
2. Any insurance we provide with respect to a vehicle
you do not own shall be excess over any collectible
insurance providing coverage on a primary basis.
1. Collision only if the Declarations indicate that
Collision Coverage is provided for that auto.
3. If the coverage under this policy is provided:
a. on a primary basis, we will pay only our share of
the damages that must be paid under insurance
coverage on a primary basis. Our share is the
proportion that our limit of liability bears to the
total of all applicable limits of liability for
coverage provided on a primary basis.
2. Other Than Collision only if the Declarations
indicate that Other Than Collision Coverage is
provided for that auto.
If there is a loss to a non-owned auto, we will
provide the broadest coverage applicable to any of
your covered autos shown in the Declarations.
b. on an excess basis, we will pay only our share
of the damages that must be paid under
insurance providing coverage on an excess
basis. Our share is the proportion that our limit
of liability bears to the total of all applicable limits
of liability for coverage provided on an excess
basis.
Our payment will be reduced by any deductible
shown in the Declarations.
B. “Collision” means the upset of your covered auto
or a non-owned auto or its impact with another
vehicle or object.
C. “Other Than Collision” means loss caused by the
following:
ARBITRATION
A. If we and an insured disagree:
1. missiles or falling objects;
1. to the extent to which the insured is legally
entitled to recover damages from the owner or
operator of an uninsured motor vehicle (i.e.,
issues of liability); or
2. fire;
3. theft or larceny;
4. explosion or earthquake;
Page 8
5. windstorm;
1. beginning 48 hours after the theft; and
6. hail, water or flood;
2. ending when your covered auto or the nonowned auto is returned to use or we offer to
pay for its loss.
7. malicious mischief or vandalism;
8. riot or civil commotion;
However, if you purchase Rental Reimbursement
Coverage with the same or higher limits of coverage
than this section provides, then the provisions and
limits of the Rental Reimbursement Coverage shall
apply to the total theft of your covered auto and
non-owned auto.
9. contact with bird or animal; or
10. breakage of glass, except as a result of
collision.
D. “Non-owned auto” means: any private passenger
auto, pickup, van or trailer not owned by or
furnished or available for the regular use of you or a
family member while in the custody of or being
operated by you or any family member and while
being used within the scope of the owner’s express
or implied permission.
Rental Reimbursement Coverage cannot be
combined or stacked for any loss with the
Transportation Expenses Coverage provided under
this section.
B. Losses Occurring Away from Home:
E. “Customized equipment and parts” means:
equipment, devices, accessories, changes and
enhancements, other than those installed by the
original manufacturer, which alter the appearance or
performance of an auto. This includes, but is not
limited to, such items as: body or suspension
alterations; custom or special wheels or tires; side
exhausts; roll bars; light bars; spoilers; ground
effects; bedliners; side exhausts; utility boxes;
custom windows; custom painting; murals; or decals
or graphics and also, includes but is not limited to,
such items as any electronic equipment; antennas;
and other devices used exclusively to send or
receive audio, visual or data signals; or play back
recorded media; which are permanently installed in
your covered auto using bolts, brackets or slide-out
brackets.
The following supplementary payments are added. They
apply only to your covered auto that has both Collision
and Other Than Collision Coverage as shown by a
premium for those coverages in the Declarations. No
deductible applies to these payments.
TOWING AND STORAGE CHARGES
LOCKSMITH SERVICES
In the event of a loss covered under Part D which
causes your covered auto to become inoperable
more than 100 miles from your home, we will pay
costs you incur for: lodging; transportation; and
meals; up to $100 per day and a maximum of $500,
until your covered auto is repaired or returned to its
principal garaging location. $500 is the most we will
pay for such expenses regardless of any other
emergency expense allowance, additional living
expense, or transportation expense coverage in
your policy.
In addition, after an auto accident to which Part D
applies, we will pay reasonable charges for transporting
and storing your covered auto or any non-owned auto
to a repair facility near the location of loss.
We will pay up to $50 for the expense you incur for
locksmith’s service if your covered auto’s ignition or
door key is lost, stolen, or locked in your covered auto.
THEFT REWARD
TRANSPORTATION AND EMERGENCY
TRAVEL EXPENSES
We will pay $1,000 to any person providing information
which directly results in the conviction of any person(s)
involved in the total theft of your covered auto or any
non-owned auto. The total amount we will pay for any
such conviction is $1,000 regardless of the number of
persons who may provide information resulting in any
such conviction and regardless of the number of persons
convicted of the crime.
A. Following Theft Losses:
In addition, we will pay, without application of a
deductible, up to $20 per day, to a maximum of $600
for:
1. transportation expenses incurred from a
commercially licensed rental agency by you in
the event of the total theft of your covered
auto. This applies only if the Declarations
indicate that Other Than Collision Coverage is
provided for that auto.
EXCLUSIONS
We will not pay for:
1. loss to your covered auto or any non-owned auto
which occurs while it is being used to carry persons
or property for compensation or a fee. This exclusion
does not apply to a share-the-expense car pool.
2. loss of use expenses for which you become
legally responsible in the event of the total theft
of a non-owned auto. This applies only if the
Declarations indicate that Other Than Collision
Coverage is provided for your covered auto.
2. damage due and confined to:
a. wear and tear;
We will pay only expenses incurred during the
period:
b. freezing;
Page 9
c.
mechanical or electrical breakdown or failure; or
a. race;
d. road damage to tires.
b. hill climb;
This exclusion does not apply if the damage results
from the total theft of your covered auto or any
non-owned auto.
c.
d. speed contest;
e. stunting contest; or
3. loss due to or as a consequence of:
f.
a. radioactive contamination;
civil war;
10. loss to wearing apparel, tools or personal effects.
d. insurrection;
11. loss to tapes, records, compact discs, or other
media, or any other accessories used with electronic
equipment designed to receive or transmit audio,
visual or data signals.
e. rebellion or revolution; or
f.
discharge of any nuclear weapon, even if
accidental.
12. loss due to and resulting from intentional acts
committed by you or any family member.
4. loss to a trailer you own which is not shown in the
Declarations. This exclusion does not apply to a
trailer you:
13. loss to, or loss of use of, a non-owned auto rented
by:
a. acquire during the policy period; and
a. you; or
b. ask us to insure within 30 days after you
become the owner.
b. any family member;
5. loss to your covered auto or any non-owned auto
due to forfeiture ordered by the courts or destruction
or confiscation by governmental or civil authorities.
This exclusion does not apply to the interests of
Loss Payees in your covered auto.
if a rental vehicle company is precluded from
recovering such loss or loss of use, from you or that
family member, pursuant to the provisions of any
applicable rental agreement or state law.
14. loss to your covered auto while it:
6. loss to your covered auto and any non-owned
auto being maintained or used by any person while
employed or otherwise engaged in the business of:
a. is being rented or leased to others;
b. has been sold to another; or
a. selling;
c.
b. repairing;
c.
is under a conditional sales agreement by you
to another.
15. loss to your covered auto and its equipment while
you or any family member or anyone driving with
express or implied permission from you or a family
member:
servicing;
d. storing;
e. parking;
f.
performance contest.
9. loss to equipment designed or used for the
detection of radar or laser.
b. war, whether declared or undeclared;
c.
demonstration;
a. is using your covered auto in any unlawful
activity (other than a traffic violation), illicit trade
or transportation; or
road testing; or
g. delivering;
b. using or operating your covered auto in an
attempt to flee a law enforcement agent;
vehicles designed for use on public highways.
7. loss to your covered auto while maintained or used
by any person employed or otherwise engaged in
any business not described in Exclusion 6. If a
business or artisan use is noted in the Declarations
for an auto shown in the Declarations, this exclusion
does not apply to the ownership, maintenance, or
use of that auto by:
and such person is a willing participant in such
activity listed in a. or b. above.
LIMIT OF LIABILITY
A. Our limit of liability for loss will be the lesser of the:
a. you; or
1. actual cash value;
2. amount necessary to repair or, at our option,
replace the property with other property of like
kind and quality less deduction for any
applicable depreciation; or
b. any family member.
8. loss to your covered auto or any non-owned auto
which occurs while being operated in, or while in
practice or preparation for any prearranged or
organized:
3. stated amount shown in the Declarations, if
applicable.
Page 10
However, the most we will pay for loss to any nonowned auto which is a trailer is $500.
B. 1. An adjustment for depreciation and physical
condition will be made in determining actual
cash value in the event of a total loss.
2. If a repair or replacement results in better than
like kind or quality, we will not pay for the
amount of the betterment.
C. Further, if there is a stated amount you declared on
the application or endorsement for a specific auto
listed and shown in the Declarations, that stated
amount will be the maximum Limit of Liability
applicable for loss to that auto, including its
customized equipment and parts.
D. In the repair of your covered auto or any nonowned auto under Part D of this policy, we may
specify the use of mechanical, non-safety related
automobile parts not made by the original
manufacturer. These parts will be at least equal in
terms of fit, quality, performance and warranty to the
original manufacturer parts they replace.
E. Customized equipment and parts - unless you
pay a premium for Additional Customized Equipment
and Parts Coverage, and it is shown in the
Declarations or on the applicable schedule, the limit
of liability for loss to customized equipment and
parts is the lesser of:
1. the actual cash value of such customized
equipment and parts, reduced by the
applicable deductible and its salvage value if
you or the owner retain the salvage;
2. the amount necessary to repair or replace such
customized equipment and parts with parts of
like kind and quality, reduced by the applicable
deductible; or
3. $1000.
However, if the actual cash value of your covered
auto without the customized equipment and parts
is less than $1000, the most we will pay is the
actual cash value of your covered auto unless
Additional Customized Equipment and Parts
Coverage has been purchased.
F. If you pay a premium for Additional Customized
Equipment and Parts Coverage and it is shown on
the Declaration or on the applicable schedule, the
limit of liability for loss to the customized
equipment and parts specifically listed on the
application or in the applicable schedule or
document will be the lesser of:
1. the actual cash value of the stolen or damaged
customized equipment and parts;
2. the amount shown as the declared value of the
customized equipment and parts in the
application or applicable schedule; or
3. the amount necessary to repair, or at our option,
replace the property with other like kind and
quality customized equipment and parts, with
deduction for depreciation.
G. Our liability for the cost of repairing your covered
auto, any non-owned auto or customized
equipment and parts is limited to the amount
needed to perform physical repairs to the stolen or
damaged property. Part D of your policy-Coverage
for Damage to Your Auto-does not cover, and we
will not pay for, diminution in value.
H. Our payment for loss will be reduced by any
applicable deductible shown in the Declarations for
Collision and/or Other Than Collision and/or
Additional Customized Equipment and Parts
Coverage, if selected.
PAYMENT OF LOSS
We may pay for the loss in money or repair or replace
the damaged or stolen property. We may, at our
expense, return any stolen property to:
1. you; or
2. the address shown on the Declarations Page of this
policy.
If we return stolen property, we will pay for any direct
physical damage to your covered auto or any nonowned auto or its equipment resulting from the theft,
subject to the provisions of the LIMIT OF LIABILITY
section. We may keep all or part of the property at an
agreed or appraised value. You do not have the right to
abandon salvage to us.
When we make payment of any amounts due under Part
D to you or the loss payee, as interests may appear, or
to anyone on your behalf, we may deduct from the
payment any premium or fees that are due and unpaid
under the policy.
NO BENEFIT TO BAILEE
This insurance shall not directly or indirectly benefit any
carrier or other bailee for hire.
OTHER SOURCES OF RECOVERY
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. Any applicable deductible of this policy will be
taken in a proportionate share based on the applicable
deductibles of each policy. However, any insurance we
provide with respect to a non-owned auto shall be
excess over any other collectible source of recovery
including, but not limited to:
1. any coverage provided by the owner of the nonowned auto;
2. any other applicable physical damage insurance; or
3. any other source of recovery applicable to the loss.
Page 11
APPRAISAL
A. If we and you do not agree on the amount of loss,
either may demand 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
value and 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.
7. not voluntarily assume any obligation to pay,
make any payment or incur any expense, other
than to provide first aid to others, for bodily
injury or property damage arising out of an
accident.
ADDITIONAL DUTIES FOR UNINSURED
MOTORISTS COVERAGE
A person seeking Uninsured Motorists Coverage must
also in addition to the duties stated above:
1. notify the police as soon as possible of any
accident.
2. notify the police within 24 hours of an accident if a
hit-and-run or unknown driver is involved.
B. We do not waive any of our rights under this policy
by agreeing to an appraisal.
3. serve a copy of any legal action and all pleadings on
us as required by law.
PART E - DUTIES AFTER AN ACCIDENT
OR LOSS - FILING A CLAIM
ADDITIONAL DUTIES FOR COVERAGE
FOR DAMAGE TO YOUR AUTO
GENERAL DUTIES
A person seeking Coverage For Damage To Your Auto
must also in addition to the duties stated above:
A. 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. Failure to give
notice as required herein may affect coverage
provided under this policy. Failure to comply with
any of the duties under this Part E may result in
denial of coverage and relieve us of all duties to
investigate, settle, defend, pay any judgment or
otherwise honor any claims made against an
insured.
B. A person seeking coverage must:
1. cooperate with us in the investigation,
settlement or defense of any claim or lawsuit.
2. promptly send us copies of any notices or legal
papers received in connection with the accident
or loss.
1. notify the police within 24 hours after discovery of
the loss if your covered auto or any non-owned
auto, including their equipment, is stolen or
vandalized.
2. take reasonable steps after loss to protect your
covered auto or any non-owned auto, including
their equipment, from further loss. We will pay
reasonable expenses incurred to do this.
3. permit us to inspect and appraise the damaged
property before its repair or disposal.
PART F - GENERAL PROVISIONS
ADDITIONAL DEFINITION USED IN THIS PART
“Mail”, “mailing” or “mailed” means:
1. delivery by us to any of the following:
a. United States Postal Service;
3. submit as often as we require:
a. to physical exams by physicians we select.
We will pay for these exams.
b. to examinations under oath outside the
presence of any person other than your
attorney.
c.
to recorded statements.
4. authorize us to obtain:
a. medical reports; and
b. other pertinent records.
5. submit a sworn statement as proof of loss as we
require.
b. public or private mail carrier; or
2. sent by us through electronic transmission, if not
prohibited by state law.
BANKRUPTCY
Bankruptcy or insolvency of the insured shall not relieve
us of any obligations under this policy.
CHANGES
A. The premium for each of your covered autos is
based on information we have received from you or
other sources. You agree:
1. that if any of this information material to the
development of the policy premium is incorrect,
incomplete or changed, we may adjust the
premium accordingly during the policy period.
6. provide us with records and documents we
request and permit us to make copies.
Page 12
2. to cooperate with us in determining if this
information is correct and complete.
2. do nothing after an accident or loss to prejudice
them; and
3. to advise us of any changes such as new
drivers, residents of your household, garaging
location of your covered auto, or the way you
use your covered auto.
3. deliver to us any legal papers relating to that
recovery; and
4. take the necessary or appropriate action,
through a representative designated by us, to
recover payment as damages from the
responsible person or organization. If there is a
recovery, then we shall be reimbursed out of the
recovery for expenses, costs and attorney’s fees
incurred in connection with this recovery; and
B. Any adjustment of your premium will be made using
our rules in effect at the time of the change.
Premium adjustments may include, but are not
limited to, changes in:
1. autos insured by the policy, including changes
in use;
5. execute and deliver to us any legal instruments
or papers necessary to secure the rights and
obligations of the insured and us as established
here.
2. drivers;
3. coverages or coverage limits;
However, our rights under this paragraph A. do not
apply under Part D- COVERAGE FOR DAMAGE TO
YOUR AUTO of this policy, against any person using
your covered auto, as defined under that Part, with
the express or implied permission of the owner.
4. place of principal garaging of insured vehicles;
5. eligibility for discounts or surcharges or other
premium credits or debits; or
6. other factors permitted by law
C. We may revise your policy coverages to provide
more protection without additional premium charge.
If we do this and you have the coverage which is
changed, your policy will automatically provide the
additional coverage as of the date the revision is
effective in your state. This does not apply to
changes made with a general program revision that
includes both broadening and restrictions in
coverage, whether that general program revision is
made through introduction of a subsequent edition of
your policy or an amendatory endorsement.
Otherwise, this policy contains all of the coverage
agreements between you and us. Its terms may not
be changed or waived except by an endorsement
issued by us.
LEGAL ACTION AGAINST US
B. If we make a payment under this policy and the
person to or for whom payment is made recovers
damages from another, that person shall:
1. hold in trust for us the proceeds of the recovery;
and
2. reimburse us to the extent of our payment.
POLICY PERIOD AND TERRITORY
A. This policy applies only to auto accidents or losses
which occur:
1. during the policy period as shown in the
Declarations; and
2. within the policy territory.
B. The policy territory is:
1. The United States of America, its territories or
possessions;
A. No legal action may be brought against us until
there has been full compliance with all the terms of
this policy. In addition, under Part A, no legal action
may be brought against us unless:
2. Puerto Rico; or
3. Canada.
This policy also applies to covered auto accidents
or covered losses while the covered auto is being
transported between their ports.
1. we agree in writing that the insured has an
obligation to pay; or
2. the amount of that obligation has been finally
determined by judgment after trial.
B. No person or organization has any right under this
policy to bring legal action against us or to make us
a party to any legal proceeding to determine the
liability of the insured.
OUR RIGHT TO RECOVER PAYMENT
A. 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:
1. do whatever is necessary to enable us to
exercise our rights; and
PREMIUM DUE ON POLICIES
An affiliate or business partner of ours may provide you
with special offers that may be applied toward the
premium to purchase a policy issued by us, and we may
provide you with special offers that may be applied
toward the purchase of products offered by an affiliate or
business partner of ours.
In addition, our affiliate or business partner may:
1. provide you special offers toward the purchase of a
product or service provided through or by our
affiliate or business partner;
Page 13
2. make a contribution on your behalf to an
educational or charitable fund under a program
sponsored through or by our affiliate or business
partner; or
1. less than one year, we will have the right not to
renew or continue the policy at the end of the
policy period.
2. 1 year or longer, we will have the right not to
renew or continue this policy at each
anniversary of its original effective date.
3. make a contribution toward any educational or
charitable fund of your choice.
TERMINATION - CANCELLATION, NONRENEWAL,
AUTOMATIC TERMINATION,
DISHONORED/INSUFFICIENT CHECKS, CREDIT
CARDS, DRAFT OR OTHER REMITTANCE,
OTHER TERMINATION PROVISIONS
A. Cancellation. This policy may be cancelled during
the policy period as follows:
C. Automatic Termination. If we offer to renew or
continue your policy 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.
1. The named insured shown in the Declarations
may cancel by:
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.
a. returning this policy to us; or
b. giving us advance written notice of the date
cancellation is to take effect.
2. We may cancel by mailing to the named
insured shown in the Declarations at the
address shown in this policy:
a. at least 10 days notice:
(1) if cancellation is for nonpayment of
premium; or
(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 20 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:
D. Dishonored / Insufficient Checks, Credit Cards, Draft
or other Remittance. If you pay your initial premium
for any new policy or any subsequent renewal by
check, credit card, draft, or any remittance other
than cash, the coverage offered by this Policy is
conditioned on the remittance being honored upon
presentment for payment. If the check, credit card,
draft or other remittance is not honored, then we
shall be deemed not to have accepted the payment
and this policy, if allowed by law, shall be void from
inception for a new policy and shall terminate on the
renewal date if it is a renewal policy.
E. Other Termination Provisions.
1. If the law in effect at the time this policy is
issued, renewed or continued:
a. for nonpayment of premium; or
a. requires a longer notice period;
b. if your driver’s license or that of:
b. requires a special form of or procedure for
giving notice; or
(1) any driver who lives with you; or
c.
(2) any driver who customarily uses your
covered auto;
we will comply with those requirements.
has been suspended or revoked. This must
have occurred:
2. If not prohibited by state law, we may deliver
any notice in person instead of mailing it.
(1) during the policy period; or
3. Proof of mailing of any notice shall be sufficient
proof of notice.
(2) since the last anniversary of the original
effective date if the policy period is other
than 1 year; or
c.
modifies any of the stated termination
reasons;
4. If this policy is cancelled, 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.
if the policy was obtained through material
misrepresentation.
B. Nonrenewal. If we decide not to renew or continue
this policy, we will mail notice to the named insured
shown in the Declarations at the address shown in
this policy. Notice will be mailed at least 20 days
before the end of the policy period. Subject to this
notice requirement, if the policy period is:
5. The effective date of cancellation stated in the
notice shall terminate all coverages under this
policy.
Page 14
TRANSFER OF YOUR INTEREST IN THIS POLICY
Your rights and duties under this policy may not be
assigned without our written consent. However, upon
the death of the named insured shown in the
Declarations, coverage will be provided until the end of
the policy period or cancellation date, whichever is
earlier, for:
1. the surviving spouse, if a resident in the same
household at the time of death. Coverage applies to
the spouse as if a named insured shown in the
Declarations.
C. We do not provide coverage for you, a family
member, or any insured who has made fraudulent
statements or engaged in fraudulent conduct in
connection with any accident or loss for which
coverage is sought under this policy.
UNPAID PREMIUM AND FEES
When we make payment to you or the loss payee, as
interests may appear, or to anyone on your behalf for
any first party claim made by you under this policy, we
may deduct from the payment any premium or fees that
are due and unpaid under the policy.
TWO OR MORE AUTO POLICIES
2. the legal representative of the deceased person
while acting within the scope of duties of a legal
representative. This applies only with respect to the
representative’s legal responsibility to maintain or
use your covered auto.
With respect to any accident to which this and any other
auto policy issued to you by us applies, the total limit of
our liability under all the policies shall not exceed the
highest applicable limit of liability under any one policy.
MISREPRESENTATION AND FRAUD
PARTICIPATION CLAUSE
A. The statements made by you in the application are
deemed to be representations. If any representation
contained in the application is false, misleading or
materially affects the acceptance or rating of this risk
by us, by: direct misrepresentation; omission;
concealment of facts or incorrect statements; the
coverage provided under this policy may be
affected.
Having the power and authority to permit policyholders
to participate in the profits of the operations, the Board of
Directors of the Company, within its discretion and in
accordance with the provisions of law, may from time to
time make determinations concerning payment of such
distributions. When distributions are payable, the Board
may make reasonable classifications of policies for such
distribution, as well as the conditions governing
payment.
B. If any representation contained in any notification of
change is false, misleading or materially affects the
acceptance or rating of this risk by us, by: direct
misrepresentation; omission; concealment of facts or
incorrect statements; the coverage provided under
this policy may be affected.
10469 (01012011)
Page 15
In witness whereof, we have caused this policy to be executed and attested, and, if required by law, this policy shall not
be valid unless countersigned by our duly authorized representative.
Barry S. Karfunkel
President
Jeffrey Weissmann
Secretary
10467 (01012011)