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LOUISIANA PERSONAL AUTO POLICY
OLD AMERICAN INDEMNITY
COMPANY
NAIC: 11665
14675 Dallas Parkway
Suite 500
Dallas, TX 75254
Administered by:
BLUEFIRE INSURANCE SERVICES
P.O. BOX 143249
IRVING, TX 75014-3249
PHONE: (866) 424-9511 FAX: (866) 424-9510
LA License #498351
For Claims: (800) 877-0226
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LOUISIANA PERSONAL AUTO POLICY
READ YOUR POLICY
carefully to determine
your
rights and duties and what is and is not covered. Various provisions in
this Policy restrict
coverage. Words and phrases that appear in bold have special meaning; refer to terms specifically defined
in the DEFINITIONS sections of the
Policy.
This is a restricted policy. Please make sure you have read and understand it including all the policy
limitations and restrictions.
Es muy importante que usted entienda este documento come el tiene alguna restricciones. Esta forma no
será traducida en español – por favor hable con su agente o con alguien que lo pueda traducir
AGREEMENT
If
you
pay
your
premium
we
agree to insure
you
subject to all the terms of this Policy for the coverage up to the Limits of Liability as indicated on
the Declarations Page of this Policy.
APPLICATION & DECLARATIONS
-
DUTY TO NOTIFY OF ADDITIONAL PERMANENT RESIDENTS
– FRAUD/MISREPRESENTATIONS IN
APPLICATION
The Declarations Page is a part of this Policy, and the coverage provided is fully subject to its terms.
You
agree to notify
us
within thirty (30) days of any
person
becoming a
permanent resident
of
your
household after submission of the
application. Failure to provide this notice may cause this Policy to be cancelled.
If, in the process of applying for this Policy, any applicant or insured
person
has made a misrepresentation of any fact which
we
deem material to
the issuance of the Policy, to the terms and conditions of this Policy, or to the amount of premiums charged, and such misrepresentation was made
with an intent to deceive
us
,
this Policy shall be voidable, in which event
we
will have no obligations under this Policy and no
person
or
entity will have
any rights under this Policy.
INSURANCE FRAUD WARNING
Any
person
who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an
application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
DEFINITIONS USED THROUGHOUT THIS POLICY
As used in all throughout this Policy, subject to any applicable provision or exclusion in this Policy or endorsement to this Policy:
1.
The words
"we", "us"
and
"our"
refer to the company providing this insurance.
2.
The words
"you"
and
"your"
refer to the
person
or
persons
listed as a
named insured
on the Declarations Page and such
person's
spouse if living in the same household.
3.
The words
"person"
or
"persons"
refers to a natural person and not any other entity.
4.
"Family member"
means a
person
residing in the same household as
you,
and related to
you
by blood, marriage or adoption including a
ward or foster child. Unmarried dependent child(ren) temporarily away from home will be considered
permanent residents
only if the
child(ren) is (are)
under the age of twenty-two (22) years of age.
5.
“`Bodily Injury"
means physical injury to the body of a
person
,
and sickness, disease, death or emotional injury of that
person
resulting
from the physical injury.
"Bodily injury"
does not mean a
person's
emotional injury or mental anguish which resulted from witnessing an
inju
ry to another
person
or which otherwise resulted from injury to another
person
.
6.
"Damages to other persons"
means any injury to a
person
resulting from
bodily injury
of another
person
.
Damages to other persons
includes but is not limited to emotional injury or mental anguish resulting from the
bodily injury
of another
person
or resulting from the
witnessing of the
bodily injury
to another
person
;
loss of companionship; loss of services; loss of consortium and wrongful death.
7.
"Property damage"
means physical damage to or destruction of tangible property, including loss of its use.
8.
"Auto"
is a 4-wheel motor vehicle, of the private passenger type, licensed for use on public roads. It
includes pickup trucks, vans and
utility vehicles not used in any business except farming or ranching, with a rated load capacity of one ton or less.
9.
A
"utility trailer"
is a vehicle designed to be towed on public roads by an
auto
.
It does not include a mobile home, a trailer that has built-
in sleeping facilities, a recreational vehicle, nor a trailer used as an office, store, display or passenger transport.
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10.
A
"motor vehicle"
is a motorized land vehicle designed for use on public roads. It also includes any other motorized land vehicle while
used on public roads.
11.
"Your insured auto"
means:
a.
Any
auto
owned by
you
listed on the Declarations Page. For purposes of this Policy, an
auto
shall be deemed to be owned
by a
person
if leased under a written agreement to that
person
for a continuous period of at least 6 months.
b.
Any
auto
of which
you
acquire ownership during the policy period as a permanent replacement for the
auto
listed on the Declarations
Page, but only if
you
notify
us
within thirty (30) days of its acquisition and pay any additional premium required. Any
auto you
acquire as a replacement auto will have the same coverage as the
auto
it replaces for that thirty (30) day period. Any increase or
change in coverage will be effective only after
you
notify
us
of the newly acquired
auto
,
request increased or changed coverage, and
pay any additional premium required. This Policy shall provide primary insurance for such permanent replacement
auto
only if there is
no other collectible insurance. If there is other collectible insurance for such permanent replacement or such additional
auto
,
the
insurance provided by this Policy shall be excess over such other insurance.
c.
Any additional
auto
of which
you
acquire ownership during the policy period provided
we
insure all
autos
that
you
own.
You
must
notify
us
within thirty (30) days of the acquisition of the additional
auto
and pay the premium required for coverage to apply. The
coverage provided under this provision to such additional
auto you
acquire will be the broadest coverage
we
provide to any
auto
listed on the Declarations Page at the time of the acquisition.
d.
Any
auto
,
not owned by or furnished or available for regular use by
you
, or a
family member
while
such auto is used with the
permission of its owner as a temporary substitute for any other vehicle described in this definition which is
out of normal use
because of its:
i.
Breakdown
ii.
Repair
iii.
Servicing
iv.
Loss; or
v.
Destruction.
e.
For Coverage under Part A ONLY, any
utility trailer you
own while drawn by or attached to a vehicle described in subparagraphs a,
b, c and d of this definition.
f.
For the purposes of Parts B, C, D, E,
F, and G of this Policy,
"your insured auto"
does not include a
utility trailer
.
12.
A
"non-owned auto"
is any
auto
, other than
your insured auto
, which is not owned by or furnished or available for regular use by
you
or a
family member
.
13.
"Occupying"
means being in, upon, or getting into, onto or out of, or parking, driving or operating
your insured auto
.
14.
"Accident" or "accidental"
refers to an unexpected and unintended event or occurrence.
15.
An
"auto accident"
is an unexpected and unintended event or occurrence arising out of the ownership, maintenance, operation or use
of
your insured auto,
or a
non-owned auto
that causes
bodily injury
or
property damage
.
16.
"Loss"
means direct, sudden and
accidental
loss of or damage to
your insured auto
.
17.
"Punitive or exemplary damages"
are damages which may be awarded to punish a wrongdoer or deter the wrongdoer or others from
similar conduct.
18.
"Race"
or
"racing"
means participating in, practicing for, or preparing for any speed, demolition or stunting contest or activity, regardless
of whether such contest or activity is formally organized as such.
19.
"Crime"
means any felony or any action to flee from, evade or avoid arrest or detection by the police or other law enforcement agency.
20.
"Named Insured"
means the
person
or
persons
listed as a
named insured
on the Declarations Page of this Policy.
21.
"Named excluded operator''
means any
person
who by written agreement, (contained in the application or by endorsement to this Policy,
signed by any applicant or the applicant's legal representative), is listed as a
person
who shall be excluded from coverage
under this
Policy, whether or not that listed excluded
person
is
you
,
the
named insured
,
the spouse of the
named insured
,
a
family
member
of the
named insured
,
or any other
person
who but for being named as an excluded operator would have been a
person
insured
under the terms of this Policy or by operation of law.
22.
“
Permanent Resident
”
means any person with a physical presence in your household and the intention to continue living there.
Unmarried dependent children while temporarily away from home will be considered permanent residents if the child(ren) is (are) under
the age of twenty-two (22) years of age.
WHAT TO DO IN THE EVENT OF AN ACCIDENT OR LOSS
In the event of an
accident
or
loss, you
and any
person
insured under this Policy must promptly notify
us
of how, when and where the
accident
or
loss
happened. The notice must include a description or explanation of how the
accident
or
loss
occurred, the damage to or condition of
your
insured auto
and any other automobile or
vehicle
involved in the
accident
or
loss
,
and the names and addresses of any injured
persons
and of
any witnesses.
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A
person
insured under any Part of this Policy must:
1.
Cooperate with
us
in the investigation, settlement or defense of any claim or suit.
2.
Promptly send
us
copies of any notices or legal papers received in connection with the
accident
or
loss
.
3.
Submit, as often as
we
reasonably require, to physical exams by physicians
we
select.
4.
Authorize
us
to obtain medical reports and other pertinent records.
5.
Submit to examinations and recorded statements under oath. These examinations and recorded statements will not be
conducted in the presence of another person except for bona fide legal counsel or a parent or guardian. A person must
also submit written and sworn proof of loss statements when required by us.
6.
Immediately, or as soon as possible, notify the police if a hit and run motorist is involved and submit a satisfactory proof of
loss
.
7.
Immediately, or as soon as possible, notify the police if an
accident
was caused by the operator of a motor vehicle whose identity is
unknown, even though that motor vehicle did not collide with
your insured auto
,
with any
person
insured under this Policy, or with any
auto
which a
person
insured under this Policy is occupying.
8.
Immediately, or as soon as possible, notify the police in the event of a
loss
to
your insured auto
resulting from vandalism.
9.
If claiming
Coverage for Damage to Your Car
:
a.
Take reasonable steps after any
loss
to protect
your insured auto
and its equipment from further
loss. You
must also promptly
notify the police if
your insured auto
is stolen;
b.
Permit
us,
or
our
authorized representative or appraiser, to inspect and appraise the damaged property before it is repaired or
disposed of; and
c.
File a sworn proof of
loss
with
us
within ninety (90) days after the
loss
.
10.
Notify
us
within TWENTY-FOUR (24) hours of service, or as soon thereafter as practicable, of any lawsuit or other legal proceeding filed
against
you
or a
covered person
arising out of or in connection with any claim covered under this Policy, and promptly provide
us
copies
of any legal papers or pleadings.
If
you
or the
person
insured under this Policy fail to do any of the above listed actions as soon as practicable after a loss, and
we
have been
prejudiced as a result,
we
have the right to deny coverage for any and all claims arising from the
accident
or
loss
.
Such failure to promptly report
any claim or
loss
to
us
may result in a denial of
your
coverage under this Policy. However, coverage may be provided to third party claimants as
required by law.
PART A - COVERAGE FOR YOUR LIABILITY TO OTHERS
Insuring Agreement for Part A
We
will pay damages, other than
punitive or exemplary damages
,
for which a
covered person
is legally liable because of
bodily injury
or
property damage
arising out of an
auto accident
to which this policy applies.
We
will compromise, settle, or defend, as
we
consider appropriate,
any
claim or suit asking for these damages, other than
punitive or exemplary damages
.
In addition to
our
limit of liability, we will pay all defense
costs
we
incur on
your
behalf.
Our
duty to defend, to pay court costs, and to pay judicial interest, ends at such time that
we
have paid
our
limit of
liability
in a settlement releasing
us
or in satisfaction of the portion of a judgment which does not exceed
our
limit of liability.
We
will not pay to defend
any
claim made against a
covered person
solely for
punitive or exemplary damages
.
Additional Definitions for Part A
As used in Part A of this Policy, subject to any applicable provision or exclusion in this Policy or endorsement to this Policy:
A
"covered person"
as used in this Part means:
1.
You
, any
family member
, with respect to any
auto accident
while driving
your insured auto
or a
non-owned auto with
permission
.
Any family member must be listed on the Declarations Page or added by endorsement during
the policy term.
2.
Any other
person
driving
your insured auto
with the express or implied permission of a
named insured
while that
person
is driving
your insured auto
.
3.
Any other
person
or organization, but only with respect to the legal liability of that
person
or organization for acts or
omissions of a
covered person
while driving
your insured auto
.
Notwithstanding the above, a
covered person
does not include a
named excluded operator
.
Supplementary Payments
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In addition to
our
limits of liability,
we
will pay on behalf of a
covered person
:
1.
Up to $250 for the cost of bail bonds required because of an
accident
,
including related traffic law violations, resulting in
bodily injury
or
property damage
covered under this Policy.
2.
Premiums on appeal bonds and bonds to release attachments in any suit
we
defend.
We
will not pay the premium for attachment bonds
that are more than
our
limit of liability.
We
have no duty to apply for or furnish bonds.
3.
The prejudgment interest on that part of a judgment
we
pay.
Our
duty to pay prejudgment interest ends at such time that
we
have paid
our
limit of liability in a settlement releasing
us
or in satisfaction of the portion of a judgment that does not exceed
our
limit of liability, or
until
we
have unconditionally tendered for payment
our
limit of liability for such claim along with any applicable judicial interest on that limit
at the time of such tender and any court costs required by law for such tender.
4.
Interest accruing for the time period after a judgment is entered in any suit
we
defend until
we
have issued payment of that part of the
judgment which does not exceed
our
limit of liability, after which
we
have no duty to pay interest for any time period thereafter.
5.
All costs
we
incur in the settlement of any claim or defense of any suit against a
covered person
subject to the limitations of this Policy.
Our
duty to defend or pay such costs ends at such time that
we
have paid
our
limit of liability pursuant to a settlement releasing
us
or in
satisfaction of that portion of a judgment which does not exceed
our
limit of liability.
6.
Other reasonable expenses, except loss of earnings, incurred at
our
request.
Exclusions for Part A
Coverage for Your Liability To Others
does not apply to any of the following:
1.
Bodily injury
or
property damage
arising out of or in connection with the operation or use of
your insured auto
or a
non-owned auto
by
someone who is a
named excluded operator
.
2.
Bodily injury
or
property damage
caused by an intentional act by or at the direction of any
covered person
or a
named excluded
operator
.
3.
Bodily injury
or
property damage
caused by any
person
operating or using a motor vehicle without the expressed or implied permission
of
you
at the time of the
accident
.
4.
Property damage
to any property, including
your insured auto
or a
non-owned auto
,
owned by, being transported by, used by or in the
care, custody or control of a
covered person
5.
Property damage
to property rented to a
covered person
, except as a residence, private garage, or as otherwise required by statute.
6.
Bodily injury
to an employee or fellow employee of any
covered person
arising out of or during the course of employment. Coverage
also does not apply to a domestic employee if benefits are payable or are required to be provided under any workers compensation,
disability benefits or other similar law.
7.
Bodily injury
or
property damage
which arises out of auto business operations including the occupation of selling, repairing, servicing,
storing or parking of
motor vehicles
, in excess of the statutory minimum coverage required by the State of Louisiana
8.
Bodily injury
or
property damage
arising from the ownership, maintenance or use of any
auto
while carrying persons for a charge.
This exclusion does not apply to a share-the-expense carpool.
9.
For
bodily injury
or
property damage
if, at the time of the accident, the
covered person
is insured by a nuclear energy liability policy or
would be insured under a nuclear energy liability policy but for its termination upon exhaustion of its limit of liability.
10.
Bodily injury
or
property damage
arising out of the ownership, maintenance, operation or use of any
motor vehicle
having less than 4
wheels or designed mainly for use off public roads.
11.
Bodily injury
or
property damage
arising out of the ownership, maintenance or use of any
auto
,
other than
your insured auto
, which is
owned by, furnished or available for regular use by
you
,
a
family member
or any other
covered person
.
12.
Bodily injury
or
property damage
caused by any auto while used in practicing for or participating in any
race
or contest of speed or
performance.
13.
Bodily injury
or
property damage
caused by any
covered person
while engaged in the commission of a
crime
.
14.
Bodily injury
or
property damage
arising out of the operation of farm machinery or equipment.
15.
Any liability assumed under any contract or agreement.
Limits of Liability for Part A
Regardless of the number of
autos
insured, separate premiums paid,
persons
covered, claims made, vehicles involved or lawsuits brought,
we
will
pay only the limits of liability shown on the Declarations Page, subject to the following limitations:
1. The limit for "each
person
"
is the maximum
we
will pay for all damages, including
damages to other persons
,
resulting from
bodily
injury
to one
person
in any one
auto accident
.
Damages to other persons
shall be included within the same "each
person
" limit, which
applies to the
person
who sustained the
bodily injury
,
and shall not be entitled to a separate "each
person"
limit of liability.
2.
Subject to the limit for "each
person
",
the limit for "each
accident
"
is the maximum
we
will pay for any damages resulting from the
bodily
injury
sustained by two or more
persons
in any one
auto accident
.
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3.
The
property damage
limit for "each
accident
"
is the maximum
we
will pay for all
property damage
arising out of or in connection with
any one
auto accident
.
4.
A claim for loss of consortium, loss of service or loss of society or wrongful death that is caused by a covered accident will not
increase the
limit of liability provided under the Policy.
Punitive Damage Exclusion
This Policy does not apply and
we
will not pay any sum, including judicial interest on that sum, any
covered person
may become legally obligated to
pay as
punitive or exemplary damages
as a result of any judgment entered or verdict rendered against any
covered person
.
We
will not pay the
costs to defend any claim made against a
covered person
for
punitive or exemplary damages
.
Financial Responsibility Law/ Safety Responsibility Laws
When this Policy is certified as future proof of financial responsibility, this policy shall comply with the law to the extent required.
In the event that
we
are required to make payment for or on behalf of any
covered person
under the
Coverage For Your Liability To Others
that
we
would not have
been obligated to make otherwise under the terms of this Policy but for the Safety Responsibility Laws of the State of Louisiana,
then
we
shall be
entitled to reimbursement from the
covered person
to the full extent of such payment.
Out of State Coverage
If an accident to which this Part applies occurs in any state or province other than Louisiana, and that state or province has:
1.
a financial responsibility or similar law requiring limits of liability for
bodily injury
or
property damage
higher than the limits shown on the
Declarations Page, or
2.
a compulsory liability insurance law requiring a non-resident to maintain liability insurance whenever the non-resident uses a vehicle in that
state or province.
This Policy will provide:
1.
the required minimum amounts of liability insurance coverage; or
2.
any higher limit of liability insurance
you
have elected provided
you
have paid the premium for the higher limit.
However, under no circumstance does this Policy provide No-Fault coverage, regardless of the state in which an accident may occur.
Other Insurance
For coverage
we
provide under this Part for
your insured auto
, if there is other applicable liability insurance,
we
will pay only
our
share of the
loss
.
Our
share is the proportion that
our
limit of liability bears to the total of all applicable limits. For any coverage we provide under this Part for a
non-
owned auto
,
such coverage shall be excess over any other collectible insurance, with the exception of an
auto
which is a rental private passenger
automobile rented by
you
,
which for the limited purpose of this paragraph shall be treated the same as
your insured auto
to the extent required by
law. However, if other automobile insurance coverage is purchased for such rental private passenger vehicle,
our
coverage shall be excess over
such collectible coverage.
PART B - MEDICAL PAYMENTS COVERAGE
Insuring Agreement for Part B
Subject to the limit of liability shown on the Declarations Page, if
you
pay a premium for Medical Payments Coverage,
we
will pay the customary,
reasonable and necessary
medical expenses
and funeral expenses because of
bodily injury
sustained by a
covered person
caused by an
auto
accident
.
The
bodily injury
must be diagnosed within one year of the
accident
and reported within three years of the
accident
.
Additional Definitions for Part B
As used in Part B of this Policy, subject to any applicable provision or exclusion in this Policy or endorsement to this Policy:
1.
A
"covered person"
means:
a.
You,
a
family member
or any listed driver while occupying or when struck by a
motor vehicle
.
b.
Any other
person
occupying
your insured auto
while being used by
you
or any other
person
with the expressed or implied
permission of the
named insured
.
2.
"Medical expenses"
means an amount
we
determine represents reasonable charges for the services rendered for physician services,
LA OAIC PAP 08 20 7 of 17
hospital charges, and prescription medications.
Exclusions for Part B
We
do not provide
Medical Payments
Coverage for
bodily injury:
1.
Arising out of the operation or use of a
motor vehicle
by a
named excluded operator
.
2.
Loss arising out of the operation or use of any auto insured by a person who has resided in your household prior
to the date of the accident who was not listed on your application for insurance and for whom a premium has not
been paid; for the purposes of this exclusion, a person who has resided in your household is someone who at the
time of the accident has been permanently living in your home.
3.
Sustained while
occupying
a
motor vehicle
having less than four wheels.
4.
Arising out of the ownership, operation or use of a motor vehicle as a vehicle for hire, including for instance the
transport of person(s) or property for a fee or as part of the covered person's employment or business or for any
other commercial purpose whatsoever unless a surcharge has been paid for that vehicle. This exclusion does not
apply to the operation or use of an auto by a covered person strictly as a means of personal transportation, whether
in connection with one's employment or otherwise, or to a share-the-expense car pool.
5.
Sustained while
occupying
any
motor vehicle
located for use as a residence or premises.
6.
Occurring during the course of employment if workers' compensation or other employer liability insurance or disability benefits are required
or available for payment of the
medical expenses
.
7.
Sustained while
occupying
or when struck by any
motor vehicle
,
other than
your insured auto
, which is owned by, hired by, furnished to
or available for regular use of
you
or a
family member
.
8.
Sustained while
your insured auto
is used by any
person
practicing for or participating in any
race
or contest of speed or performance.
9.
Caused by or as a consequence of war (declared or undeclared), civil war, insurrection, rebellion or revolution, discharge of a nuclear
weapon (even if accidental), nuclear reaction, radiation or radioactive contamination.
10.
Sustained by any
person
entitled to payment of
medical expenses
from the United States Government or any of its military services
11.
Sustained by any
person
operating or using a
motor vehicle
without the implied or expressed permission of the
named insured
at the
time of the
accident
.
12.
Sustained by any
person
operating a
motor vehicle
without a valid and current driver's license issued by the U.S., or Canada,
or other country unless a surcharge has been paid for that operator.
13.
Sustained by any
covered person
while engaged in the commission of a
crime
.
Limit of Liability for Part B
The limit of liability shown on the Declarations Page for this coverage is
our
maximum limit of liability for each
person
injured in any one
auto
accident
, regardless of the number of
persons
who sustain
bodily injury
,
the number of claims made, vehicles involved, or vehicles insured under
this Policy.
If payment is made under this part for the same expenses which the
covered person
is entitled to recover under Part A and Part B of this Policy, the
covered person
shall not be able to claim those items of damages under Part A or Part B of this Policy. This limitation is only to restrict duplication
of
recovery and shall not reduce the amount of coverage available under Part A or Part B of this Policy for other items of damages which may be
covered under those Parts.
Coordination Of Benefits
When you are covered by more than one policy which covers any medical expenses covered under this Policy, state law permits
your Insurers to follow a procedure called “coordination of benefits” to determine how much each Insurer should pay when you
have a claim. The intent is to ensure that the combined benefit payments of all applicable coverages do not exceed your covered
medical care expenses. Our policy will be primary in a covered incident.
Other Insurance
If another policy 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.
However, any insurance we provide with respect to a vehicle you do not own, including any vehicle while used as
temporary substitute for your covered auto, shall be considered excess over any other collectible auto insurance providing for
Medical Expenses.
As to all other types of insurance other than through a health or accident insurance policy:
LA OAIC PAP 08 20 8 of 17
1.
For any coverage
we
provide under this Part for
your insured auto,
if there is other applicable liability insurance,
we
will pay only
our
share of the
loss. Our
share is the proportion that
our
limit of liability bears to the total of all applicable limits.
2.
Any coverage
we
provide under this Part for a
non-owned
vehicle shall be excess over any other collectible insurance, with the exception
of an
auto
which is a rental private passenger automobile rented by
you
, which for the limited purpose of this paragraph shall be treated
the same as
your insured auto
to the extent required by law. However, if other automobile insurance coverage is purchased for such
rental private passenger vehicle,
our
coverage shall be excess over such collectible coverage.
PART C - UNINSURED/UNDERINSURED MOTORIST COVERAGE
Additional Definitions for Part C
As used in all Sections of Part C of this Policy, subject to any applicable provision or exclusion in this Policy or endorsement to this Policy:
1.
"Covered person"
means
a.
you
;
b.
a
family member;
c.
any listed driver;
or
d.
any other
person occupying your insured auto
if
your insured auto
is being used with
your
express or implied permission at the
time of the
accident
.
However, notwithstanding the above,
covered person
shall not include a
named excluded operator
.
2.
"Uninsured motor vehicle"
means a
motor vehicle
which is not owned by, leased by, furnished or available for regular use by
you
or a
covered person
,
if:
a.
(For Part C, Section I): At the time of the accident, no liability policy of insurance, or bond or certificate of self-
insurance or similar
form of compliance with a financial responsibility law or similar statute, applies to liability for
bodily injury
arising out of the
ownership, maintenance or use of that
motor vehicle
;
(For Part C, Section II): At the time of the accident, no liability policy of insurance, or bond or certificate of self-
insurance or similar
form of compliance with a financial responsibility law or similar statute, applies to liability for
property damage
arising out of the
ownership, maintenance or use of that
motor vehicle
;
b.
Liability for the ownership, maintenance or use of that
motor vehicle
is insured by a liability policy at the time of
the accident but the
company which issued such policy denies coverage or is insolvent;
c.
That
motor vehicle
is a
"hit-and-run" motor vehicle,
strikes a
covered person
,
your insured auto
,
or an
auto
which a
covered
person
is
occupying
,
if neither the operator nor owner of such
motor vehicle
has been
identified; or
d.
That
motor vehicle
does not strike a
covered person
,
your insured auto
,
or an
auto
which a
covered person
is occupying, but only
when the
covered person
can show, by an independent and disinterested witness, that the
covered person's bodily injury
or
property damage
was caused as the result of the actions of the driver of that
other
motor vehicle
.
PART C, SECTION I: UNINSURED/UNDERINSURED MOTORIST BODILY INJURY COVERAGE
NOTICE: If
Uninsured/Underinsured Motorist Bodily Injury
Coverage has been rejected, no coverage is provided under any Section of
Part C of
the Policy.
Additional Definition for Part C, Section I
As used in Part C, Section I, of this Policy, subject to any applicable provision or exclusion in this Policy or endorsement to this Policy:
"Underinsured motor vehicle"
means a
motor vehicle
which is not owned by, leased by or furnished or available for regular use by
you
or a
covered person
,
if at the time of the accident, a liability policy of insurance, bond or certificate of self-insurance or similar instrument of
compliance with a financial responsibility law or similar statute, applies to liability for
bodily injury
arising out of the ownership, maintenance or
use of that
motor vehicle
,
but the applicable limits of liability for
bodily injury
under that policy, or bond, certificate or other instrument is less
than the amount the
covered person
is legally entitled to recover from the owner or operator of such
motor vehicle
.
Insuring Agreement for Part C, Section I
If
you
have paid the applicable premium for this coverage,
we
will pay damages, other than
punitive or exemplary damages
,
for
bodily injury
which a
covered person
is legally entitled to recover from the owner or operator of an
uninsured motor vehicle
or
underinsured motor vehicle
up to the limit of liability as defined in this Part. The
bodily injury
must be caused by
accident
and arise out of the ownership, maintenance or use
of
an
uninsured motor vehicle
or
underinsured motor vehicle
.
We
will pay for damages covered under Part C only after the
bodily injury
limits
of
LA OAIC PAP 08 20 9 of 17
liability under any liability policies or bonds, certificates or other such instruments applicable to an
underinsured motor vehicle
have been
exhausted by payment of judgments or settlements. If less than the full
bodily injury
limit of a liability policy is paid in payment of a
covered
p
erson's bodily injury
under a settlement or satisfaction of judgment,
we
shall be entitled to a credit for any unpaid portion of the limit of liability of
such liability policy, unless the reason for payment of less than the full
bodily injury
limit was the reduction of the applicable "each
accident
"
limit by
payment of claims of
bodily injury
by other
persons
injured in the
accident
.
PART C, SECTION II: UNINSURED/UNDERINSURED MOTORIST PROPERTY DAMAGE
Additional Definitions for Part C, Section II
As used in Part C, Section
II,
of this Policy, subject to any applicable provision or exclusion in this Policy or endorsement to this Policy:
1
.
"Underinsured motor vehicle"
means a
motor vehicle
which is not owned by, leased by, or furnished or available for regular
use by
you
or a
covered person
,
if at the time of the accident, a liability policy of insurance, bond or certificate of self-insurance,
or similar
instrument of compliance with a financial responsibility law or similar statute, applies to liability for
property damage
arising out of the
ownership, maintenance or use of that
motor vehicle
, but the applicable limit of liability for
property damage
under that policy, bond,
certificate or other is less than the
covered person
is legally entitled to collect from the operator or
owner of such
motor vehicle
,
or
from any other
person
or entity responsible for the operation of such
motor vehicle
,
for
property damage
.
2.
"Property damage"
means damage to
your insured auto
.
However,
property damage
does not include loss of its use.
Insuring Agreement for Part C, Section II
If by written request any
named insured
has asked that
we
provide
UNINSURED/UNDERINSURED MOTORIST PROPERTY DAMAGE
COVERAGE
and
you
have paid the applicable premium for this coverage,
we
will pay for damages, other than
punitive or exemplary damages
,
which a
covered person
,
as used in this Part, is entitled to recover from the owner or operator of an
uninsured motor vehicle
or
underinsured
motor vehicle
due to
property damage,
subject to a $250 deductible.
If less than the full
property damage
limit of liability of a liability policy is
paid in payment of a
covered
person's property damage
,
we
shall be entitled to a credit for any unpaid portion of the limit of liability of such liability
policy.
General Conditions for Part C, All Sections
1.
Judgment or Agreement Without Our Participation or Consent:
We
are not bound by any judgment purporting to adjudicate or determine:
a.
the liability of the owner or operator of an
uninsured motor vehicle
or
underinsured motor vehicle
;
b.
the nature or amount of any element of damage which a
covered person
is entitled to recover from the owner or operator
of an
uninsured motor vehicle
or
underinsured motor vehicle
;
or
c.
the status of a
motor vehicle
as uninsured or underinsured or the type and amount of liability insurance covering an owner
or operator
of a
motor vehicle
unless
we
have consented in writing to
you
obtaining such judgment or
we
were party to the
proceeding in which
the judgment was entered, had the opportunity to participate in the proceedings giving rise to the
judgment, and the judgment
expressly adjudicated
our
obligations under this Part. Similarly,
we
are not bound by any
agreement, stipulation or consent
judgment purporting to determine these issues unless
we
have consented in writing to
such agreement, stipulation or consent
judgment.
However,
you
may still have the right to coverage under this Policy as long as
we
have not been prejudiced by (1) the existence
of such
proceedings or (2) by the conclusion, in whole or in part, of such proceedings or (3) by the entry of any such agreement,
stipulation, or
consent judgment. Any claim would have to be established independent of and without reliance on the existence
of any prior adjudication,
judgment, stipulation, agreement, or consent judgment, and without regard to any fact or issue
adjudicated or resolved through such
proceeding, agreement, stipulation or consent judgment.
2.
Reduction of Amounts Owed Under Part C by Amounts Paid or Payable from Other Sources:
Any coverage under this Part shall only be owed only if and to the extent, up to the applicable limit of liability, that the damages
which a
covered person
is entitled to recover under Part C exceed the following:
a.
All amounts paid by or on behalf of the owner or operator of the
uninsured motor vehicle
or
underinsured motor vehicle
or
anyone else responsible for the damages.
b.
The full limits of liability of any applicable liability coverage under this Policy or any other automobile liability policy.
c.
All amounts paid or payable under the uninsured motorist coverage of any other automobile liability insurance policy.
LA OAIC PAP 08 20 10 of 17
d.
All amounts paid or and the present value of all amounts payable under any workers' compensation law, disability benefits
law, or
similar law.
e.
All amounts paid or payable under the
Medical Payments
Coverage of this Policy or any other automobile liability policy.
3.
Proof Of Claim
You
or someone acting on
your
behalf must report the
accident
or occurrence which is the basis for a claim under Part C of this Policy to
the police or other appropriate law enforcement authorities within twenty-four (24) hours or as soon after that as practicable. Each
person
making claim under this Part must give
us
full details of their injuries and treatment.
Exclusions for Part C, All Sections
1.
A
motor vehicle
is excluded from the definitions of
uninsured motor vehicle
and
underinsured motor vehicle
if it is:
a.
insured under the liability coverage of this Policy;
b.
owned by, leased by, furnished or available for regular use by
you
or a
covered person
;
c.
owned or operated by a self-insurer under any motor vehicle financial responsibility law, a motor carrier law, or any similar law;
d.
owned by or leased to any government or any of its political subdivisions or agencies;
e.
designed for use mainly off public roads, except while such vehicle is in use on public roads and otherwise falls within the definition of
uninsured motor vehicle or underinsured motor vehicle; or
f.
at the time of the
accident
,
located for use as a premise.
2.
We
do not provide coverage under any Section of Part C:
a.
For
bodily injury
or
property damage
which arises out of the ownership, maintenance or use of a
motor vehicle
,
when the identity
of
the owner and operator of such motor vehicle remains unknown and such motor vehicle did not come into physical contact with
a
covered person
or a
motor vehicle
occupied by a
covered person
,
unless the
covered person
can prove by an independent and
disinterested witness that the actions of the unknown driver were the cause of the
bodily injury
or
property damage
.
b.
When the
covered person
does not notify the police or other appropriate law enforcement authority within twenty-four (24) hours, or
as soon as practical after such accident, if a hit-and run driver is involved.
c.
When the
covered person
is
occupying
or struck by any
motor vehicle
or by a
utility trailer
of any type used with that
motor
vehicle
,
if that
motor vehicle
is owned or leased by
you
or any
family member
and is not
your insured auto.
d.
Arising out of the operation or use of
your insured auto
or any other vehicle insured under this Part by a
named excluded operator
.
e.
Loss arising out of the operation or use of any auto insured by a person who has resided in your household prior to
the date of the accident who was not listed on your application for insurance and for whom a premium has not been
paid; for the purposes of this exclusion, a person who has resided in your household is someone who at the time of
the accident has been permanently living in your home.
f.
If the
bodily injury
to the
covered person
occurs when such
person
is engaged in the commission of any
crime
,
or involved in any
criminal activity or enterprise, or while fleeing from or attempting to avoid arrest or detection by the police or other law enforcement
agency.
g.
If the
covered person
is occupying a
motor vehicle
with less than 4 wheels or which is primarily designed for off road
use.
h.
Arising out of or while practicing, participating or preparing for any
race
,
or contest for speed or performance.
i.
Arising out of the theft loss or unexplained disappearance of
your insured auto
or any other
auto insured
under this Part.
j.
For any claim for
bodily injury
which is eligible for payment under a workers' compensation or disability benefits policy or so as to
directly or indirectly benefit any
person
or organization, including a self-insurer, which would otherwise be required to provide
coverage pursuant to any federal or state workers' compensation or disability law or other similar law; or
k.
Any claim for
punitive or exemplary damages
.
3.
Coverage under any Section of Part C shall not apply to the benefit of any insurer or self-insurer under any workers' compensation,
disability benefits or other similar law or any governmental body or agency.
Limits of Liability for Part C, All Sections
Regardless of the number of
motor vehicles
insured under this Policy, separate premiums paid,
persons
covered, claims made, vehicles involved,
or
lawsuits brought,
we
will pay no more than the limits of liability shown in the declarations, subject to the following:
1.
The limit for "each
person
"
is the maximum that
we
will pay for bodily injury of any one
person,
in any one
accident
.
Damages to other
LA OAIC PAP 08 20 11 of 17
persons
shall be included within the same "each
person
"
limit, which applies to the
person
who sustained the
bodily injury
,
and shall not
be entitled to a separate "each
person
"
limit of liability.
2.
Subject to this limit for "each
person
",
the limit for "each
accident
"
is the maximum
we
will pay for any damages resulting from the
bodily
injury
sustained by two or more
persons
in any one
accident.
3.
Our maximum limit of liability for all damages resulting from any one accident will be the lesser of:
a.
The Limit Of Liability shown in the Declarations; or
b.
The actual cash value of your insured auto.
An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total loss.
4.
If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment.
5.
We will not make a duplicate payment under this coverage for any element of loss for which payment has been made by
or on behalf of persons or organizations who may be legally responsible
If payment is made under this part for the same damages which the
covered person
is entitled to recover under Part A and Part B of this Policy, the
covered person
shall not be able to claim those items of damages under Part A or Part B of this Policy. This limitation is only to restrict duplication
of recovery and shall not reduce the amount of coverage available under Part A or Part B of this Policy for other items of damages, which may be
covered under those Parts.
Other Insurance
If more than one policy issued by
us
applies to this Part, the total limit of
our
liability under all such policies shall not exceed the highest amount
applicable under any one policy. If coverage is available under this Part and under the uninsured motorist coverage of a policy or self-insurance
bond of another company, the uninsured motorist coverage of the policy or bond on which the
auto
is listed as an insured vehicle and in which a
covered person
is an occupant shall be primary to the uninsured motorist coverage provided by this Policy.
With respect to
bodily injury
sustained by
1
.
you
; or
2.
a
family member
;
while occupying a motor vehicle auto which is not
your insured auto
,
the following priorities of recovery under uninsured motorist coverage shall
apply:
1.
the uninsured motorist coverage on the vehicle in which the injured party was an occupant is primary;
2.
should that primary uninsured motorist coverage be exhausted due to the extent of damages, then the
covered person
may recover as
excess from other uninsured motorist coverage available to them. In no instance shall more than one coverage from more than one
uninsured motorist policy be available as excess over and above the primary coverage available to the injured occupant.
Arbitration Provision Applicable to Part C, All Sections
If a
covered person
and
we
do not agree:
1.
that the
covered person
is legally entitled to recover damages from the owner or operator of an
uninsured motor vehicle
,
or
2.
as to the amount of damages recoverable under this Part, either the
covered person
or
we
may request that the issue be determined by
arbitration. Such arbitration must be requested within one year of the date of the
accident,
and must be with the consent of the
covered
person
.
In that event, the
covered person
will select an arbitrator and
we
will select another. The two arbitrators will select a third. The
covered person
will pay the arbitrator selected by that person.
We
will pay the arbitrator
we
select.
The expense of the third arbitrator and all other expenses of arbitration will be shared equally. Attorney fees and fees paid to medical and other
expert witnesses are not expenses of arbitration and will be paid by the
persons
incurring them.
Unless otherwise agreed upon, arbitration will take place in the state and county or parish in which the
covered person
lives. Local court rules
governing procedures and evidence will apply. Arbitration, under this provision, is both voluntary and non-binding.
LA OAIC PAP 08 20 12 of 17
COVERAGES FOR DAMAGE TO YOUR AUTO
PART D - OTHER THAN COLLISION COVERAGE
PART E - COLLISION COVERAGE
Additional Definitions for Parts D and E
As used in Parts D and E, of this Policy, subject to any applicable provision or exclusion in this Policy or endorsement to this Policy:
"Collision"
means:
1.
your insured auto's
coming into direct physical contact with another object which is not otherwise excluded herein; or
2.
your insured auto's
upset or overturning.
Insuring Agreement for Part D
If
you
pay a specific premium for
Other Than Collision Coverage
,
we
will pay, subject to any applicable deductible shown on the Declarations
Page, for
loss
to
your insured auto
caused by means other than
collision
,
less any applicable deductible. Coverage under Part D applies only to
your insured auto
.
Separate deductible amounts will apply separately to each such
loss
.
Loss
caused by falling or flying objects, fire, theft,
explosion, earthquake, windstorm, hail, water, flood, riot, civil commotion, malicious mischief, vandalism, contact with bird or animal, or glass
breakage are other than
collision losses
.
Insuring Agreement for Part E
If
you
pay a specific premium for
Collision Coverage
,
we
will pay, subject to any applicable deductible shown on the Declarations Page, for
loss
to
your insured auto
caused by a
collision.
Coverage under Part E
applies only to
your insured auto
. Separate deductible amounts will apply for
each separate
loss
caused by separate collisions.
Loss
caused by falling or flying objects, fire, theft, explosion, earthquake, windstorm, hail, water, flood, riot, civil commotion, malicious mischief,
vandalism, contact with bird or animal, or breakage of glass is not a collision
loss
.
PART F - TOWING AND LABOR COVERAGE
If
you
pay a specific premium for
Towing and Labor Coverage, we
will reimburse
you
for towing and labor costs, not to exceed the "each
disablement" limit set forth in the declarations, required by disablement of
your insured auto
,
if the labor is performed at the time and place of
disablement and if the disablement does not occur at
your
residence. Receipts must be presented to
us
for payment. The Declarations Page
shows the maximum amount that
we
will pay.
PART G - RENTAL REIMBURSEMENT COVERAGE
If
you
pay a specific premium for
Rental Reimbursement Coverage
,
we
agree to reimburse
you
,
if there is accidental
loss
to
your insured auto
which is otherwise covered under Coverage For Damage To
Your
Auto, for the rental expenses of a substitute
auto
for any period
your insured
auto
is continuously withdrawn from use for more than twenty-four (24) hours as a result of such
loss.
The substitute
auto
must be rented from a
company primarily in the business of renting motor vehicles to the public.
We
will reimburse
you
up to the limit set forth in the declarations per day
up
to a maximum of thirty (30) days for all rental periods during any single policy period.
We
will pay only if
your insured auto
is continuously withdrawn from use for more than twenty-four (24) hours.
We
will reimburse
you for your
actual rental expenses, (exclusive of mileage, sales tax, and additional insurance or damage waivers), subject to the limits stated above, beginning
on the day
your insured auto
is disabled or withdrawn from service as a result of a covered
loss
or, if
your insured auto
is not disabled or
withdrawn from service, then during the period
your insured auto
is in the shop for agreed upon repairs.
Rental Reimbursement Coverage
shall
end as soon as:
1.
your insured auto
is repaired;
2.
your insured auto
is replaced;
3.
we pay for its theft or total loss; or
4.
you
incur thirty (30) cumulative days rental expense during any single policy period.
LA OAIC PAP 08 20 13 of 17
The most
we
will reimburse
you
for rental expenses incurred during any single policy period is the amount set forth in the declarations, regardless of
the number of separate losses to
your insured auto
.
You
must report the
loss
and the fact that
you
have rented a substitute
auto
to
us
as soon as
possible.
You
must also provide
us
with proof of
your
rental charges, which shall include, for each
auto
rented: a written rental agreement with the
tax i.d. number of the rental company, the license plate number, the name and address of the registered owner, and the vehicle identification
number.
We
will continue payment for the rental
auto
until either seventy-two (72) hours after the
named insured
has been notified by
us
that
we
will cease
payment for the rental vehicle or the time limits provided for rental vehicles have been met, whichever is earlier.
We
agree to guarantee the payment for the rental
auto
due under the terms of this Policy at the request of the insured, such payment contingent
upon the submission of a proof of
loss
as set forth in this Policy.
Exclusions for Parts D, E, F AND G
There is no
Coverage For Damage To Your Auto
for:
1.
Loss
arising out of the operation or use of any
auto
insured under Parts D, E,
F, and/or G by a
named excluded operator
.
2.
Loss arising out of the operation or use of any auto insured by a person who has resided in your household prior to the
date of the accident who was not listed on your application for insurance and for whom a premium has not been paid; for
the purposes of this exclusion, a person who has resided in your household is someone who at the time of the accident
has been permanently living in your home.
3.
Loss arising out of the ownership, operation or use of any auto insured under Parts D, E, F, and/or G as a vehicle for
hire including taxi, livery, passenger, delivery or messenger service or for any other commercial purpose whatsoever
unless a surcharge has been paid for that vehicle. This exclusion does not apply to the operation or use of an auto
by a covered person strictly as a means of personal transportation, whether in connection with one's employment
or otherwise, or to a share-the-expense car pool.
4
.
Loss
caused by any
person
driving any
auto
insured under Parts D, E,
F, and/or G without a valid and current driver's license issued by the
U.S., or Canada,
or other country unless a surcharge has been paid for that operator.
5.
Loss
resulting from prior
loss
or damage, manufacturer's defects, wear and tear, freezing, mechanical or electrical breakdown or failure,
or road damage to tires.
6.
Loss
due to war, civil war, insurrection, rebellion, revolution, radioactive contamination or the discharge of any nuclear weapon (even if
accidental) or as a consequence of any of these.
7.
Damage to or destruction of
custom equipment
attached to or made a part of any
auto
insured under Parts D, E,
F, and/or G. For the
purpose of this exclusion
"custom equipment"
means any parts or accessories which were attached to or made a part of the
auto
after its
original manufacture and which were not offered by the manufacturer of the
auto
as a standard or optional accessory for that
auto
.
Examples of
custom equipment
include but are not limited to the following items, unless such items would have been available as factory
installed original equipment on the
auto
at the time of the
auto's
manufacture:
a.
custom chrome, alloy, aluminum, or magnesium wheels;
b.
custom chroming;
c.
custom paint; murals, decals or graphics; special carpeting, cabinets or interior furnishings; sun, moon or T-Top roofs; roof height
extensions; bubble domes or windows; cooking appliances or facilities; beds or sleeping accommodations;
d.
a camper body, topper, shell, cabana, awning, custom enclosure, or any equipment designed to provide additional living space or
transport, hauling or storage capacity;
e.
luggage, bike, ski or similar external carrying racks;
f.
utility or tool boxes; winches;
g.
audio, video or stereo equipment;
h.
two-way radios (including CB radios), telephones, radio-telephones, scanning monitor receivers, television sets, home high fidelity
equipment, tapes, records, compact discs, or any accessories to any of these;
i.
equipment used to either mechanically or structurally modify any
auto
insured under Parts D, E, F, and/or G resulting in an increase
in performance or a change in appearance; and
j.
a
utility trailer.
8.
Loss
occurring while any
auto
insured under Parts D, E, F, and/or G was used in auto business operations, including the selling,
transporting, repairing, servicing, storing or parking of any
motor vehicle
.
9.
Loss
to wearing apparel, personal effects, tools or anything that is not attached to the vehicle at the time of
loss
.
10.
Loss
of or to tires unless damaged by fire or stolen or unless the
loss
occurs at the same time as, and from the same cause, as other
loss
LA OAIC PAP 08 20 14 of 17
covered by this Policy.
11.
Loss
occurring while any
auto
insured under Parts D, E, F, and/or G is used in the commission of any
crime
by any
person
to whom
you
granted express or implied permission to operate the
auto
.
12.
Loss
occurring while the operator of the
auto
insured under Parts D, E,
F, and/or G has a blood alcohol content above the legal limit for
operation of a motor vehicle, or while the operator is under the influence of any illicit or illegal drugs, or any controlled substances which
were not legally prescribed for the operator's use.
13.
Loss
occurring while any
auto
insured under Parts D, E, F,
and/or G is used in, practicing, participating or preparing for any
race
,
speed
contest or performance contest.
14.
Loss
occurring while any
auto
insured under Parts D, E, F, and/or G is subject to any bailment, lease, conditional sale, pledge, mortgage
or other encumbrance not specifically declared and described in this Policy.
15.
Loss
caused by the theft or conversion of any
auto
insured under Parts D, E, F, and/or G by a
person
to whom
you
have voluntarily
entrusted
your insured auto
.
This exclusion does not apply when the
auto
is stolen from the
person
to whom
you
have loaned it.
16.
Loss
caused by any act of
you
, a
family member
, or any other permissive
driver
intended to damage any
auto
insured under Parts D,
E, F, and/or G.
17. Any decrease in the value of any
auto
insured under Parts D, E, F, and/or G due to the fact that it has been damaged or involved in an
accident.
18.
Loss
resulting from the assumption of liability by contract.
No Benefits to Bailee
This insurance shall not directly or indirectly benefit any carrier or other bailee for hire.
Limits of Liability for Parts D, E AND F
Our
limit of liability for
loss
covered under this Part shall not exceed the lesser of:
1.
the actual cash value of the stolen or damaged property at the time of
loss
;
reduced by the applicable deductible; or
2.
the amount necessary to repair or replace the property with other of the like, kind and quality less depreciation, reduced by the applicable
deductible.
3.
An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total
loss.
4.
If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment.
Storage Charges
In addition to the applicable limits of liability, we will reimburse you or pay for reasonable towing charges not to exceed $150.00
for transporting your insured auto as a result of damage occurring from any loss covered by this Part or arising from the theft of
your insured auto. We will pay up to $35.00 per day for necessary storage charges incurred as a result of a loss covered by this
Part, up to a maximum of $350.00.
However, in the event of a total loss from the incident, We will not reduce the net payment to You for the damage to the motor
vehicle by the amount of the payment made for the towing and/or storage service charges.
Use of Non-Original Equipment and After-Market Parts
We
specifically reserve the right to use non-original equipment, after-market, re-manufactured, used and/or salvaged parts as appropriate and
available for any non-safety or non-steering-assembly components or systems.
Payment of Loss
We
may, at
our
option, elect to pay for the cost of repair of
property damage
any
auto
insured under Parts D or E or the cost of replacement of the
damaged or stolen property.
We
may, at
our
option and expense, return any stolen property to
you
or to the address shown in this Policy. If
we
return stolen property we will pay for any damage resulting from the theft.
We
may, at
our
option, keep all or part of any recovered theft
loss
or
other salvaged property for which
you
have otherwise been paid or compensated. If the
auto
is subject to a lien or a
person
or entity other than
you
had an ownership interest in the
auto
at the time of the
accident
or
loss
,
such
person
or entity may be included by
us
as a payee on any
payment.
Appraisal
If we and
you
do not agree on the amount of
loss
,
either may request a non-binding appraisal of the
loss
,
in a good faith attempt to resolve their
LA OAIC PAP 08 20 15 of 17
differences as to the amount of the
loss
.
In this event, each party will select a competent and disinterested appraiser. The two appraisers will select
a third disinterested appraiser to act as an umpire. Each appraiser will separately state their determination of the actual cash value and the amount
of
loss
.
If they fail to agree, they will submit their differences to the umpire. A written award signed by any two of the appraisers shall determine,
subject to the terms and conditions of this Policy, the amount payable for the
loss
.
The appraisers have no authority to decide issues of coverage
under this Policy. Each party will pay its chosen appraiser and bear the expenses of the appraisal and umpire equally.
Neither party shall be held to have waived any of their rights by any act relating to this appraisal provision, nor shall the amount of the
loss
so
determined be binding or conclusive as to any party in any subsequent proceeding.
Other Insurance
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.
GENERAL PROVISIONS APPLICABLE TO THE ENTIRE POLICY
The following provisions and terms apply to the entire Policy and are incorporated into each Part and Section of each Part of the Policy.
Bankruptcy
Bankruptcy or insolvency of the insured shall not relieve
us
of any obligations under this Policy. In the event of bankruptcy or insolvency of the
covered person
,
an action for damages may be filed directly against
us
alone.
Transfer Of Your Interest In This Policy
Your
rights and duties under this Policy may not be assigned without
our
written consent. However, if the
named insured
shown on the
Declarations Page dies, coverage will be provided to the surviving spouse, if a
permanent resident
in the same household at the time of death
or the legal
representative of the deceased
person
as if a
named insured
shown on the Declarations Page. This applies only with respect
to the
representative's legal responsibility to maintain or use
your insured auto
.
Coverage will only be provided until the end of the policy period.
Our Right To Recover Payment
If
we
make any payment under this Policy and the
person
to whom payment has been made has a right to recover damages from another,
we
shall
be subrogated to that right. However,
our
right to recover is subordinate to the insured
person's
right to full compensation for their damages.
Policy Period and Territory
This Policy applies only to
accidents
and
losses
during the policy period shown on the Declarations Page which occur within the United States of
America, its territories or possessions or Canada, or while being transported between their ports.
Changes
This Policy contains all the agreements between
you
and
us
;
its terms may not be changed or waived except by endorsement issued by
us
.
If a
change requires a premium adjustment,
we
will adjust the premium as of the effective date of the change.
We
may revise the policy form to provide
more coverage without additional premium charge. If
we
do this,
your
policy will automatically provide the additional coverage as of the date the
revision is effective.
Payment of Premium
If your initial premium payment, renewal premium payment, or installment premium payment is by check, draft, or any remittance other than cash,
coverage under this policy is conditioned on the check, draft or remittance being honored upon presentment. If the check, draft, or other remittance
is
not honored upon presentment, this policy may, at
our
option, be deemed canceled from the date the premium payment was due, but
we
will give
you
ten (10) days notice of cancellation and the opportunity to redeem the dishonored check, draft, or other remittance as required by law. This
means that
we
will not be liable under this policy for any claims or damages which would otherwise be covered if the check, draft, or other remittance
had been honored upon presentment.
Termination
LA OAIC PAP 08 20 16 of 17
If
you
tender a payment to
us
or our representative for any full or partial payment of your premium, other than your initial premium, and the payment
is returned to
us
because of insufficient funds, a closed account, or a stop payment, or if your premium payment is received after the due date but
prior to the cancellation, a charge may be added to your account balance. This charge is in addition to any other remedies that may be allowed
under the law including the cancellation of the coverage from the due date of the premium.
Renewal Provisions
Renewal of this Policy is subject to
our
consent. When
we
consent to renew this Policy,
you
must pay the renewal premium in advance of the date
that the Policy will expire.
Your
Policy will expire and
you
will have no coverage if
we
do not receive the required payment by the renewal date.
We
will not refuse to renew this Policy solely because of
your
age, sex, marital status, race, color or creed.
We
may refuse to renew this Policy by
mailing notice of non-renewal to
you
at the address shown on the Declarations Page at least thirty (30) days prior to expiration.
Cancellation or Non-Renewal Provisions
You
may cancel this Policy by mailing and surrendering the Policy to
us
or by giving
us
advance written notice of the date cancellation is to take
effect. If the Policy has been lost or destroyed and cannot be surrendered,
we
may, in lieu of such surrender, accept and in good faith rely on the
written statement setting forth the fact of such
loss
or destruction. The surrender of the Policy to
us
for any cause by
you
,
shall create a
presumption that such surrender is concurred in by all
persons
so named.
Within thirty (30) days following such cancellation,
we
shall pay to
you
or to the
person
entitled thereto as shown on the Declarations Page, any
unearned portion of any premium paid on the Policy and any unearned commission. If coverage has been provided to
you
for which no premium
has been paid,
you
are liable for the premium owed for the period during which the Policy was in force.
We
may cancel this Policy within the first sixty (60) days from the effective date of the insurance policy by mailing notice of cancellation to
you
at the
address shown on the Declarations Page:
1.
At least ten (10) days' notice, if cancellation is for non-payment of premium.
2.
At least thirty (30) days' notice, via mail, in all other cases.
If the Policy has been in effect for sixty (60) days or more, or if it is a renewal,
we
may cancel only for non-payment of premium, fraud or material
misrepresentation in the presentation of a claim or the suspension or revocation of the driver's license or motor vehicle registration of
you
or any
other operator who either resides in the same household or customarily uses
your insured auto
, during the policy period, or, if it is a renewal, during
its
policy period or the one hundred eighty (180) days immediately preceding its effective date, subject to:
1.
At least ten (10) days' notice, if cancellation is for non-payment of premium.
2.
At least thirty (30) days' notice, via certified mail, in all other cases.
If the policy was canceled for nonpayment of premium and the premium was not paid because a check, draft, or other remittance was not honored
upon presentment, cancellation shall be effective as of the premium due date. This means that
we
will not be liable under this policy for any claims
or
damages which would otherwise be covered if the check, draft, or other remittance had been honored. The cancellation shall remain effective
unless, within ten (10) days of the date of notice of cancellation was mailed, the
named insured
or the
named insured's
legal representative
redeems the dishonored check, draft, or other remittance by presenting to us a cashier's check or money order for the full amount of the returned
check, draft, or other remittance.
If the check, draft, or other remittance is redeemed within ten (10) days as set forth above, the coverage will be reinstated as of the premium due
date.
Multiple Auto Policies
If this policy and any other insurance policy issued to
you
by
us
apply to the same accident, the maximum limit of
our
liability under all the policies
shall not exceed the highest applicable limit of liability under any one policy.
Terms of Policy Conformed to Statute
If any terms of this Policy are in conflict with the statutes of Louisiana, they are amended to conform to these statutes, but such amendment is limited
to
the extent necessary to comply with minimal requirements of the statutes, and all other provisions shall be enforced.
Loss Payable Clause
Loss or damage shall be paid, as interest may appear, to
you
or the loss payee shown in the Declarations Page or in a subsequent endorsement.
Any and all defenses that
we
are able to assert against the
insured
shall be effective as to the loss payee and shall operate to invalidate the loss
payee's interest under this policy.
LA OAIC PAP 08 20 17 of 17
We
reserve the right to cancel or non-renew the policy as permitted by policy terms and any cancellation or non-renewal of this policy shall
contemporaneously terminate this agreement as to any and all interest the loss payee may possess under this policy.
We
will give the same
advance notice of cancellation or non-renewal to the loss payee as
we
give to the
named insured
shown in the Declarations Page.
When
we
pay the loss payee
we
shall, to the extent of payment, be subrogated to the loss payee's right to recovery. Nothing herein shall be held to
vary, alter, waive or extend any of the terms, conditions, agreement or limitations of the policy, except as otherwise stated.
Severability
All provisions, terms and conditions of this Policy are deemed severed and should any provision, term or condition be found void or unenforceable by
a
court of competent jurisdiction it shall be deemed severed to the limited extent necessary for the provision to be enforceable; such severance shall
have
no impact on the remaining provisions, terms or conditions of this Policy, which shall otherwise remain in full force and effect.
In Witness Whereof,
we
have caused this Policy to be executed and attested, and, if required by state law, this Policy shall not be valid unless
countersigned by
our
authorized representative.
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President Secretary
