Massachusetts
Automobile
Insurance
Policy
Please read your policy. Part of the policy is a page marked
“Coverage Selections.” It shows the types and amounts of
coverage you have purchased. As you read the policy, check the
Coverage Selections Page to make sure it shows exactly what
you intended to buy. If there is any question, call your agent or
company right away.
2016 AIB Edition
PA300MA (12/17)
Copyright, Automobile Insurers Bureau, 2016
Contents
Introduction 1
Definitions 2
Our Agreement 3
Compulsory Insurance
Part 1. Bodily Injury To Others ................................................. 4
Part 2. Personal Injury Protection ............................................. 5
Part 3. Bodily Injury Caused By An Uninsured Auto ................. 8
Part 4. Damage To Someone Else’s Property........................ 10
Optional Insurance
Part 5. Optional Bodily Injury To Others ................................. 13
Part 6. Medical Payments ...................................................... 15
Part 7.
Collision.............................................................................
16
Part 8. Limited Collision ......................................................... 17
Part 9. Comprehensive .......................................................... 19
Part 10. Substitute Transportation............................................ 21
Part 11. Towing And Labor ...................................................... 21
Part 12. Bodily Injury Caused By An Underinsured Auto .......... 22
General Provisions And Exclusions 25
Cancellation And Renewal 31
When There Is An Accident Or Loss 34
PA300MA (12/17)
Introduction
1
This insurance policy is a legal contract between the policy owner
(you) and the company (we or us). It insures you and your auto for
the period shown on the Coverage Selections Page.
As long as you pay your premium, we agree to provide you or others
the benefits to which you or they are entitled. The exact terms and
conditions are explained in the following pages.
There are two basic categories of insurance described in this policy,
Compulsory Insurance and Optional Insurance.
Compulsory
There are four Parts to Compulsory Insurance. They are all required
Insurance.
by law. Every auto registered in Massachusetts must have them.
Optional There are eight Parts to Optional Insurance. Some of them extend
Insurance.
the coverage or the amounts of protection provided by Compulsory
Insurance. Some of them provide protection not found in Compulsory
Insurance. You do not have to buy any of these eight Parts if you do
not want to.
Auto insurance claims arise in different ways. Autos are sometimes
stolen or damaged. Accidents may injure people in your auto, people
in other autos or pedestrians. You may be responsible for an
accident or someone else may be. An accident may happen in
Massachusetts or out of state. Different situations require different
kinds of insurance.
Please read the whole policy to see what kinds of insurance are
available to cover these different situations. You should check the
Coverage Selections Page to make sure it correctly indicates the
coverages you purchased. Each coverage you purchased will show a
premium charge next to it. If no premium charge is shown, you do not
have that coverage.
Sometimes you and we will agree to change this policy. The only way
that can be done is by an “Endorsement” added to this policy form. All
endorsements must be in writing. They then become part of this
policy.
We are pleased to have you as a customer and hope you have a safe
and accident-free year. But if you need us, we are here to help you. If
you have an accident or loss, or if someone sues you, contact your
agent or us.
Do the same if you have any questions or complaints. If you think we
have treated you unfairly at any time, you may contact the Division of
Insurance, (617) 521-7777.
PA300MA (12/17)
2
Definitions
Throughout this policy:
1. We, Us or Our refers to the company issuing this policy.
2. You or Your refers to the person(s) named in Item 1 of the
Coverage Selections Page. This includes your spouse while a
household member.
3. Accident means an unexpected, unintended event that causes
bodily injury or property damage arising out of the ownership,
maintenance, or use of an auto.
4. Auto means a land motor vehicle or trailer but does not include:
A. Any vehicle operated on rails or crawler treads.
B. Any vehicle or trailer while it is located for use as a residence
or premises. We consider such a vehicle to be an auto while it is
being used on public roads or for recreational use.
C. A farm tractor or other equipment designed for use principally
off public roads. We will consider a tractor or other equipment to be
an auto while it is being used on public roads.
D. Any vehicle not subject to motor vehicle registration such as a
moped, dirt bike, mini-bike, snowmobile or an all-terrain vehicle.
Other words and phrases are defined. They are in boldface when used.
5. Your Auto means:
A. The vehicle(s) described on the Coverage Selections Page.
B. Any auto while used as a temporary substitute for the described auto
with the consent of the owner while the described auto is out of normal
use because of a breakdown, repair, servicing, loss, or destruction. This
does not include a motorcycle. However, if a motorcycle is the vehicle
described on the Coverage Selections Page, then a motorcycle used as
a temporary substitute is included in the term your auto. However your
auto does not include a substitute vehicle owned by you.
C. A private passenger auto, trailer, motorcycle, pick-up truck, van or
similar vehicle, to which you take title or lease as a permanent re-
placement for a described auto or as an additional auto. We provide
coverage for an additional auto only if you ask us to insure it within
seven days after you take title or the effective date of the lease.
If a replacement or additional auto is a pick-up truck, van or similar
vehicle, it must not be used for the delivery or transportation of goods or
materials unless such use is incidental to your business of installing,
PA300MA (12/17)
3
maintaining or repairing furnishings or equipment.
For Parts 1, 2, 3, 4, 5 and 6 the term your auto also includes any trailer
not described on the Coverage Selections Page as covered under those
Parts.
6. Trailer means a vehicle designed to be pulled by a private
passenger auto, motorcycle, pick-up truck, van, or similar vehicle and
designed for use on public roads. This includes a farm wagon or a farm
implement.
7. Occupying means in, upon, entering into, or getting out of.
8. Collision means the accidental upset of your auto or any physical
contact of your auto with another object.
9. Household Member means anyone living in your household
who is related to you by blood, marriage, or adoption. This includes
wards, step-children or foster children.
10. Pedestrian includes anyone incurring bodily injury as a result
of being struck by an auto in an accident and who is not occupying
an auto at the time of the accident.
Our Agreement
This policy is a legal contract under Massachusetts law. Because
this is an auto policy, it only covers accidents and losses which
result from the ownership, maintenance or use of autos. The exact
protection is determined by the coverages you purchased.
We agree to provide the insurance protection you purchased for
accidents which happen while this policy is in force.
You agree to pay premiums when due and to cooperate with us in
case of accidents or claims.
Our contract consists of this policy, the Coverage Selections Page,
any endorsements agreed upon, and your application for insurance.
Oral promises or statements made by you or our agent are not part
of this policy.
There are many laws relating to auto insurance. We and you must
and do agree that, when those laws apply, they are part of this
policy.
PA300MA (12/17)
Compulsory
Insurance
There are four Parts to Compulsory Insurance. They are called
Compulsory Insurance because Massachusetts law requires you to buy
all of them before you can register your auto. No law requires you to
buy more than Compulsory Insurance. However, if you have financed
your auto, the bank or finance company may require that you have
some Optional Insurance as a condition of your loan.
The amount of your coverage and the cost of each Part is shown on the
Coverage Selections Page.
Your Compulsory Insurance does not pay for any damage to your auto.
Part 1. Under this Part, we will pay damages to people injured or killed by
Bodily Injury your auto in Massachusetts accidents. The damages we will pay
To Others. are the amounts the injured person is entitled to collect for bodily injury
through a court judgment or settlement. We will not pay punitive or
exemplary damages. We will pay only if you or someone else using
your auto with your consent is legally responsible for the accident. The
most we will pay for injuries to one or more persons as a result of bodily
injury to any one person in any one accident is $20,000. Subject to this
$20,000 limit, the most we will pay for injuries to two or more people as
the result of bodily injury to two or more people in any one accident is
$40,000. This is the most we will pay as the result of a single accident
no matter how many autos or premiums are shown on the Coverage
Selections Page.
We will not pay or defend:
1. For injuries to guest occupants of your auto.
2. For accidents outside of Massachusetts or in places in
Massachusetts where the public has no right of access.
3. For injuries to any employees of the legally responsible person if they
are entitled to benefits for the same injury under any workers’
compensation law or similar law.
4. For accidents while your auto is being used as, or is available for
use as, a public or livery conveyance, including a vehicle for hire through
a ride-sharing program, car-sharing program, and transportation network
service which operate under an agreement and for compensation. This
does not apply to the use of your auto in a share-the-expense car pool,
or in an expense reimbursement program either as a volunteer or at
work. This does not apply to the use of your auto in providing volunteer
transportation services at the direction of a charitable group.
The law provides a special protection for anyone entitled to damages
under this Part. We must pay their claims even if false statements were
made when applying for this policy or your auto registration. We must
PA300MA (12/17)
4
Compulsory
Insurance
(Continued)
also pay even if you or the legally responsible person fails to cooperate
with us after the accident. We will, however, be entitled to
reimbursement from the person who did not cooperate or who made any
false statements.
If a claim is covered by us and by another company authorized to sell
auto insurance in Massachusetts, we will pay only our proportionate
share. If someone covered under this Part is using an auto he or she
does not own at the time of the accident, the owner’s auto insurance
must pay its limits before we pay. Then, we will pay, up to the limits
shown on your Coverage Selections Page, for any damages not covered
by that insurance.
Part 2. The benefits under this Part are commonly known as “PIP” or “No-
Personal Injury Fault” benefits. It makes no difference who is legally responsible for
Protection. the accident.
We will pay the benefits described below to you and other people injured
or killed in auto accidents. For any one accident, we will pay as many
people as are injured, but the most we will pay for injuries to any one
person is $8,000. This is the most we will pay no matter how many
autos or premiums are shown on the Coverage Selections Page.
We will pay three kinds of benefits:
A. Medical Expenses
We will pay all reasonable expenses incurred as a result of the accident
for necessary medical, surgical, X-ray, and dental services. This
includes prosthetic devices. It also includes ambulance, hospital,
professional nursing, and funeral services.
B. Lost Wages
If an injured person is out of work because of the accident, we will pay
lost wages up to 75% of his or her average weekly gross wage or
equivalent for the year ending on the day immediately before the
accident. We will not pay for the loss of any other type of income. If the
injured person was unemployed at the time of the accident, we will pay
up to 75% of the amount he or she actually lost in earning power as a
result of the accident.
C. Replacement Services
We will reimburse the injured person for reasonable payments made to
anyone outside his or her household for necessary services that he or
she would have performed without pay for the benefit of the household,
had he or she not been injured.
We will pay PIP benefits to or for:
1. You, or any other person, if injured while occupying your auto with
your consent.
PA300MA (12/17)
5
Compulsory
Insurance
(Continued)
2. You, or anyone living in your household, if injured while occupying
an auto which does not have Compulsory Insurance or if struck by an
auto which does not have Compulsory Insurance.
3. Any pedestrian, including you, if struck by your auto in
Massachusetts or any Massachusetts resident who, while a
pedestrian, is struck by your auto outside of Massachusetts.
Benefits are paid only for expenses or losses incurred within two years
after the accident.
If the accident is in Massachusetts, or if it is outside Massachusetts and
the injured person does not sue for damages, we will pay benefits
within a reasonable time usually thirty days. If the accident is outside
Massachusetts and the injured person does sue, then we can wait for a
settlement or judgment before paying benefits.
Some people have a wage continuation program at work. If so, we will
pay them only the difference between the total we would ordinarily pay
under this Part and the amount of the program payments. We will,
however, reimburse the program if it allows benefits to be converted
into cash or additional retirement credit. Sometimes program benefits
are reduced or used up because of payments to the person injured in
an accident. In that case, we will pay for lost wages resulting from any
other illness or injury that person has within one year of our last
payment. The exact amount of our payments under this paragraph will
be determined by Massachusetts law.
Some people have a policy of health, sickness, or disability insurance
or a contract or agreement with a group, organization, partnership or
corporation to provide, pay for, or reimburse the cost of medical
expenses (“health plan”). If so, we will pay up to $2,000 of medical
expenses for any injured person. We will also pay medical expenses in
excess of $2,000 for such injured person which will not be paid by a
health plan. Medical expenses must be submitted to the health plan to
determine what the health plan will pay before we pay benefits in
excess of $2,000 under this Part. We will not pay for medical expenses
in excess of $2,000 that the health plan would have paid had the
injured person sought treatment in accordance with the requirements of
the health plan. In any case, our total payment for medical expenses,
lost wages and replacement services will not exceed $8,000.
Within two years after an accident, we may pay the cost of renewing or
continuing in force a policy of health, sickness or disability insurance for
anyone covered under this Part who is unwilling or unable to pay such
cost. Our payment will not exceed the cost of renewing or continuing
such policy for a period of two years after the accident. Our payment
will not reduce the benefits otherwise payable under this Part.
PA300MA (12/17)
Compulsory
Insurance
(Continued)
We will not pay PIP benefits to or for:
1. Anyone who, at the time of the accident, was operating or occupying
a motorcycle, any motor vehicle not subject to motor vehicle
registration, or a motorized bicycle or moped.
2. Anyone who contributed to his or her injury by operating an auto (a)
while under the influence of alcohol, marijuana, or a narcotic drug, (b)
while committing a felony or seeking to avoid arrest by a police officer,
or (c) with the specific intent of causing injury to himself, herself or
others.
3. Anyone who is entitled to benefits under any workers’ compensation
law or similar law for the same injury.
4. Any person while your auto is being used as, or is available for use
as, a public or livery conveyance, including a vehicle for hire through a
ride-sharing program, car-sharing program, and transportation network
service which operate under an agreement and for compensation. This
does not apply to the use of your auto in a share-the-expense car pool,
or in an expense reimbursement program either as a volunteer or at
work. This does not apply to the use of your auto in providing
volunteer transportation services at the direction of a charitable group.
5. Any person injured while an auto is being used in any racing, speed,
stunting, or demolition contest or activity.
When you purchased this Part you were given the choice to exclude
yourself, or yourself and household members, from some or all of the
PIP coverage. The portion of each claim you may have agreed to
exclude is called a “deductible.” You paid a smaller premium if you
chose a deductible. In that case, we will only pay up to the difference
between $8,000 and the amount of your deductible. The deductible is
shown on the Coverage Selections Page.
If anyone is entitled to PIP benefits and also to benefits under another
Part of this policy, we will pay from this Part first.
We will not pay PIP benefits to or for an injured person, to the extent
those benefits would duplicate expenses or losses recovered by that
person in a court judgment or settlement.
If anyone covered under this policy is also entitled to PIP benefits from
any other auto policy, the total benefits payable will not be more than
the highest amount payable under whichever one of the policies would
have paid the most. Each insurer will pay only its proportionate share.
We will not pay benefits under this Part which duplicate payments made
under the No-Fault coverage of any other auto policy.
PA300MA (12/17)
7
Compulsory
Insurance
(Continued)
Part 3. Sometimes an owner or operator of an auto legally responsible
Bodily Injury for an accident is uninsured. Some accidents involve unidentified
Caused By An hit-and-run autos. Under this Part, we will pay damages for bodily
Uninsured Auto. injury to people injured or killed in certain accidents caused by
uninsured or hit-and-run autos. We will pay only if the injured person is
legally entitled to recover from the owner or operator of the uninsured or
hit-and-run auto. We will pay for hit-and-run accidents only if the owner
or operator causing the accident cannot be identified. Sometimes the
company insuring the auto responsible for an accident will deny
coverage or become insolvent. We consider such an auto to be
uninsured for purposes of this Part. However, we do not consider an
auto owned by a governmental unit which is self-insured, or by
someone who is legally self-insured, to be an uninsured auto.
This Part is Compulsory. You must have limits of $20,000 per person
and $40,000 per accident. However, you may want to buy more
protection. If so, we must sell you limits up to $35,000 per person and
$80,000 per accident, provided you have purchased at least these limits
for Part 5. Higher limits may be purchased if agreed upon by you and
by us.
We will pay damages to or for:
1. You, while occupying your auto, while occupying an auto you do
not own, or if injured as a pedestrian.
2. Any household member, while occupying your auto, while
occupying an auto not owned by you, or if injured as a pedestrian. If
there are two or more policies which provide coverage at the same
limits, we will only pay our proportionate share. We will not pay
damages to or for your spouse or any household member who has an
auto policy of his or her own. We will not pay damages to or for anyone
who is covered by an auto policy of another household member
providing uninsured auto insurance with higher limits.
3. Anyone else while occupying your auto. We will not pay damages
to or for anyone else who has an auto policy of his or her own. We will
not pay damages to or for anyone who is covered by an auto policy of
another household member providing uninsured auto insurance.
4. Anyone else for damages he or she is entitled to recover because of
injury to a person covered under this Part.
If you are injured while occupying your auto and you have two or
more autos insured with us with different limits, we will only pay up to
the limits shown on your Coverage Selections Page for the auto you are
occupying when injured.
PA300MA (12/17)
Compulsory
Insurance
(Continued)
If you are injured as a pedestrian or while occupying an auto you do
not own and you have two or more auto policies which provide
coverage at different limits, the policy with the higher limits will pay. If
there are two or more policies which provide coverage at the same
limits, we will only pay our proportionate share.
We will not pay damages to anyone under this Part while your auto is
being used as, or is available for use as, a public or livery
conveyance, including a vehicle for hire through a ride-sharing
program, car-sharing program, and transportation network service
which operate under an agreement and for compensation. This does
not apply to the use of your auto in a share-the-expense car pool or
an expense reimbursement program either as a volunteer or at work.
This does not apply to the use of your auto in providing volunteer
transportation services at the direction of a charitable group.
We will not pay under this Part for injuries which occur while an auto is
being used in any racing, speed, stunting, or demolition contest or
activity.
We will not pay damages to or for you, if struck by, or while
occupying an auto you own and which does not have compulsory
auto insurance.
Likewise, we will not pay damages to or for any household member if
struck by, or while occupying an auto owned by that household
member which does not have compulsory auto insurance.
The most we will pay for damages to or for anyone injured while using
an auto without the consent of the owner is $35,000 per person and
$80,000 per accident, or the limits you purchased, whichever is less.
We will reduce the damages an injured person is entitled to recover
by:
1. The amount recovered from any legally responsible person
provided the injured person is fully paid for his or her damages for
bodily injury.
2. The amount paid under a workers’ compensation law or similar
law.
3. Any expenses that are payable or would have been payable,
except for a deductible, under the PIP coverage of this policy or any
other auto policy.
We will pay the balance of the damages up to the limits shown for this
Part on your Coverage Selections Page.
The decision as to whether an injured person is entitled to recover
damages from the legally responsible owner or operator will be by
agreement between us and the injured person. The amount of the
damages, if any, will be determined in the same way. Arbitration will
PA300MA (12/17)
9
Compulsory
Insurance
(Continued)
be used if no agreement can be reached. Unless otherwise agreed, all monetary
awards not paid within thirty days after the receipt of the award will bear interest
from the date of the award at the rate allowed by statute. In no event may a
demand for arbitration be the first notice of claim. We must be given sufficient
notice of claim to conduct a reasonable investigation and attempt settlement
before arbitration can be filed.
If an injured person settles a claim as a result of an accident covered under this
Part, we will pay that person only if the claim was settled with our consent. We
will not be bound under this Part by any judgment resulting from a lawsuit
brought without our written consent. We will not unreasonably withhold our
consent.
The most we will pay for injuries to one or more persons as a result of bodily
injury to any one person in any one accident is shown on the Coverage
Selections Page as the “per person” limit. Subject to this limit, the most we will
pay for injuries to two or more people as the result of bodily injury to two or more
people in any one accident is shown on the Coverage Selections Page as the
“per accident” limit. This is the most we will pay as the result of a single accident.
The limits of two or more autos or policies shall not be added together, combined,
or stacked, to determine the limits of coverage available to anyone covered
under this Part. This applies regardless of the number of autos involved, persons
covered, claims made, or premiums shown on the Coverage Selections Page.
We will not make payments under this Part which duplicate payments under the
uninsured auto insurance of any other auto policy.
This Part will not benefit any insurer or self-insurer under a workers’
compensation law or any similar law.
Part 4. Under this Part, we will pay for damage or destruction of the tangible property
Damage To of others caused by an accident and arising from the ownership, maintenance,
Someone Else’s or use of an auto, including loading and unloading. The amount we will pay is
Property. the amount the owner of the property is legally entitled to collect through a court
judgment or settlement for the damaged property. We will pay only if you, a
household member, or someone else using your auto with your consent is
legally responsible for the accident. The amount we will pay includes, if any,
applicable sales tax and the loss of use of the damaged property. The amount
we will pay does not include compensation for physical damage to, or towing or
recovery of, your auto or other auto used by you or a household member with
the consent of the owner, or any decreased value or intangible loss claimed to
result from the property damage unless otherwise required by law.
We will not pay for property damage which occurs:
PA300MA (12/17)
10
Compulsory
Insurance
(Continued)
1. While your auto is being used as, or is available for use as, a public or
livery conveyance, including a vehicle for hire through a ride-sharing program,
car-sharing program, and transportation network service which operate under
an agreement and for compensation. This does not apply to the use of your
auto in a share-the-expense car pool or an expense reimbursement program
either as a volunteer or at work. This does not apply to the use of your
auto in providing volunteer transportation services at the direction of a
charitable group.
2. While any auto is being used by anyone in the course of his or her
employment in the business of selling, servicing, repairing or parking autos.
This exclusion does not apply to the ownership, maintenance or use of your
auto by you or a household member.
3. While anyone is using an auto in the course of any business other than the
business of selling, servicing, repairing or parking autos. This exclusion does
not apply to private passenger autos. It applies to pick-up trucks, vans, or
similar vehicles used for the delivery or transportation of goods or materials
unless such use is incidental to your business of installing, maintaining, or
repairing furnishings or equipment.
4. While a household member is using an auto which you or any
household member owns or uses regularly unless a premium for this Part is
shown for that auto on the Coverage Selections Page.
5. While you are using an auto which you own or use regularly unless a
premium for this Part is shown for that auto on the Coverage Selections Page.
6. To an auto or other property owned by you or the legally responsible
person. Similarly, we will not pay for damage to an auto or other property,
except for a private residence or garage, which you or the legally responsible
person rents or has in his or her care.
7. When the property damage is caused by anyone using an auto without the
consent of the owner.
8. While an auto is being used in any racing, speed, stunting, or demolition
contest or activity.
The most we will pay for damage resulting from any one accident is shown on
the Coverage Selections Page. This is the most we will pay as the result of a
single accident no matter how many autos or premiums are shown on the
Coverage Selections Page.
If someone covered under this Part is using an auto he or she does not own at
the time of the accident, the owner’s auto insurance must pay its limit before
we pay. Then, we will pay for any damages not paid by that insurance, up to
the policy limit shown on the Coverage Selections Page. However, if the claim
is covered by us and another auto policy, we will pay only our proportionate
share of those damages not paid by the owner’s auto insurance.
PA300MA (12/17)
11
Optional
Insurance
Under this Part, we may have to pay for property damage even if you or the
legally responsible person fails to give us prompt notice of the accident. In that
case we may be entitled to reimbursement from that person.
This Part is Compulsory. You must have limits of at least $5,000. However, you
may want to buy more protection. Higher limits may be purchased if agreed
upon by you and by us.
There are eight separate Parts to Optional Insurance. They are called Optional
Insurance because they are not required by law. The amount of insurance and
cost of any of these Parts you purchased is shown on the Coverage Selections
Page.
With the exception of Towing and Labor (Part 11), we must sell you any or all of
the Optional coverages you wish. These are subject to certain deductibles and
limits specified in Massachusetts law. However, the law states that we may
refuse to sell Collision (Part 7), Limited Collision (Part 8), and Comprehensive
(Part 9) in certain specified instances.
Because Collision (Part 7) and Limited Collision (Part 8) duplicate each other in
many ways, you may buy one of them but not both. If you do not buy either one,
you still have the right to sue people who damage your auto but we will not
provide any assistance to you under this policy.
We will not pay under any of the Optional coverages:
1. If the accident happens while your auto is being used as, or is available for
use as, a public or livery conveyance, including a vehicle for hire through a ride-
sharing program, car-sharing program, and transportation network service which
operate under an agreement and for compensation. This does not apply to the
use of your auto in a share-the-expense car pool or an expense reimbursement
program either as a volunteer or at work. This does not apply to the
use of your auto in providing volunteer transportation services at the direction
of a charitable group.
2. For loss of or damage to any electronic equipment that reproduces, receives
or transmits audio, visual or data signals, unless it has been permanently
installed in the auto in locations used by the auto manufacturer for installation of
such equipment. If the electronic equipment is permanently installed but not in
locations used by the auto manufacturer, we will only pay up to $1,000 for loss to
such equipment.
Electronic Equipment includes but is not limited to:
A. Radios and Stereos;
B. Cassette and Compact Disc Systems;
C. Navigation Systems, Internet Access Systems, and Personal Computers;
D. Video Entertainment Systems, Telephones and Televisions;
E. Two-way mobile radios, Scanners and Citizens Band Radios.
Tapes, discs, cassettes, and other media are not covered.
PA300MA (12/17)
12
Optional
Insurance
(Continued)
3. For loss of or damage to any custom furnishings or custom equipment in or
upon any pick-up truck, van or similar vehicle. Custom furnishings or custom
equipment include but are not limited to the following items: special carpeting and
insulation, furniture, bars, television receivers, facilities for cooking and sleeping,
height-extending roofs, custom murals, paintings or other decals or graphics.
4. For loss or damage to equipment designed for the detection or avoidance of
any law enforcement speed measuring device. This does not apply to electronic
equipment designed solely for safety warning systems.
5. For injury or damage that is intentionally caused by you, a household
member or anyone else using your auto with your consent.
6. For injury or damage resulting from an accident while an auto is being used in
any racing, speed, stunting, or demolition contest or activity.
Part 5. Under this Part, we will pay damages to people injured or killed in an accident
Optional Bodily if you or a household member is legally responsible for the accident and such
Injury To Others. accident arises out of the ownership, maintenance, or use of an auto by you or
the household member. We will also pay damages if someone else using your
auto with your consent is legally responsible for the accident. The damages we
will pay are the amounts the injured person is entitled to collect for bodily injury
through a court judgment or settlement. We will not pay punitive or exemplary
damages.
This Part is similar to Compulsory Bodily Injury To Others (Part 1). It pays for
accidents involving your auto in Massachusetts and does not pay for the benefit
of anyone using an auto without the consent of the owner. Unlike the Compulsory
Part, this Part provides coverage for injuries to guest occupants and for accidents
occurring outside Massachusetts.
We will not pay or defend:
1. For injuries to employees of the person using the auto who are injured in the
course of employment.
2. For injuries resulting from an accident while a household member is using
an auto which you or any household member owns or uses regularly, unless a
premium for this Part is shown for that auto on the Coverage Selections Page.
3. For injuries resulting from an accident while you are using an auto which you
own or use regularly unless a premium for this Part is shown for that auto on the
Coverage Selections Page.
4. While any auto is being used by anyone in the course of his or her
employment in the business of selling, servicing, repairing, or parking autos.
This exclusion does not apply to the ownership, maintenance or use of your
auto by you or a household member.
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5. While anyone is using a vehicle in the course of any business other than the
business of selling, servicing, repairing or parking autos. This exclusion does not
apply to private passenger autos. It applies to pick-up trucks, vans, or similar
vehicles used for the delivery or transportation of goods or materials unless such
use is incidental to your business of installing, maintaining, or repairing
furnishings or equipment.
6. For liability assumed under any other contract or agreement.
Your policy will automatically apply to an accident that occurs in any other State
or a Canadian province if you have purchased any coverage under this Part if
the state or province has a:
1. Financial responsibility law or similar law requiring limits of liability for bodily
injury or property damage higher than the limits you have purchased, your policy
will provide the higher required limits.
2. Compulsory insurance or similar law requiring your auto to have insurance
whenever it is used in the state or province, your policy will provide at least the
required minimum amounts and types of coverage.
The limits shown for this Part on the Coverage Selections Page are the total
limits you have under Compulsory Bodily Injury to Others (Part 1) and this Part.
This means that the Compulsory limits are included within the limits shown on the
Coverage Selections Page for this Part and are not in addition to them.
The most we will pay for injuries to one or more persons as a result of bodily
injury to any one person in any one accident is shown on the Coverage
Selections Page as the “per person” limit for the auto involved in that accident.
Subject to this limit, the most we will pay for injuries to two or more people as the
result of bodily injury to two or more people in any one accident is shown on the
Coverage Selections Page as the “per accident” limit for the auto involved in that
accident. This is the most we will pay as the result of a single accident no matter
how many autos or premiums are shown on the Coverage Selections Page.
If someone covered under this Part is using an auto he or she does not own at
the time of the accident, the owner’s auto insurance must pay its limits before we
pay. Then, we will pay for any damages not paid by that insurance, up to the
policy limits shown on your Coverage Selections Page. If the claim is covered by
us and another auto policy, we will pay only our proportionate share of those
damages not paid by the owner’s auto insurance.
Any payments we make to anyone or for anyone under Bodily Injury Caused By
An Uninsured Auto (Part 3) will reduce the amount of damages that person is
entitled to recover from anyone covered under this Part.
We will also pay up to $250 for the cost of bail bonds required as a result of an
accident covered under this Part including bail bonds for traffic law violations
related to the accident.
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We must sell you limits up to $35,000 per person and $80,000 per accident if you
want to buy them. Higher limits may be purchased if agreed upon by you and by
us.
Part 6. Under this Part, we will pay reasonable expenses for necessary medical and
Medical Payments. funeral services incurred as a result of an accident.
We will pay for expenses resulting from bodily injuries to anyone occupying
your auto at the time of the accident. We will also pay for expenses resulting
from bodily injuries to you or any household member if struck by an auto or if
occupying someone else’s auto at the time of the accident.
We will not pay for expenses resulting from injuries to:
1. Anyone injured while in a vehicle which had been placed off the public roads
for use as a residence.
2. Anyone injured in the course of employment in selling, servicing, repairing or
parking autos if that person is entitled to workers’ compensation benefits.
3. Anyone employed by you or your spouse who is injured in the course of
employment. This exception does not apply to any domestic employee who
is not entitled to any workers’ compensation benefits.
4. Anyone injured while occupying an auto without a reasonable belief that he
or she had the consent of the owner to do so.
5. A household member, other than your spouse, while occupying or struck by
an auto owned or regularly used by you or any household member unless a
premium for this Part is shown for that auto on the Coverage Selections
Page.
6. You while occupying or struck by an auto owned or regularly used by
you unless a premium for this Part is shown for that auto on the
Coverage Selections Page.
7. Any person who contributed to his or her injury by operating an auto (a) while
under the influence of alcohol, marijuana, or narcotic drugs, (b) while
committing a felony or seeking to avoid arrest by a police officer, or (c) with
the specific intent of causing injury to himself, herself, or others.
8. Anyone who is entitled to benefits under a workers’ compensation law or
similar law for the same injury.
No payments will be made under this Part that duplicate payments made for the
same bodily injuries under Parts 1, 2, 3, 5, or 12 of this Policy. In addition, no
payments will be made under this Part that duplicate payments made for the
same bodily injuries under any other auto insurance policy or under a health
insurance policy covering the injured person.
We will not pay for expenses incurred more than two years after the date of the
accident. We will not pay under this Part for any expenses that are payable, or
would have been payable except for a deductible, under the PIP coverage of this
policy or any other Massachusetts auto policy.
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The most we will pay for any one person as a result of any one accident is shown
on the Coverage Selections Page. That amount is also the most we will pay as
the result of a single accident no matter how many autos or premiums are shown
on the Coverage Selections Page.
If someone covered under this Part is also entitled to Medical Payments
coverage under another auto policy issued to you or any household member,
we will pay only our proportionate share. If someone covered under this Part is
using an auto he or she does not own at the time of the accident, the owner’s
Medical Payments insurance must pay its limit before we pay. Then, we will pay
up to the limit shown on your Coverage Selections Page for any expenses not
covered by that insurance.
We will not pay benefits under this Part which duplicate payments made under
the Medical Payments coverage of any other auto policy.
We must sell you limits of $5,000 per person if you want to buy them. Higher
limits may be purchased if agreed upon by you and us.
Part 7. Under this Part, we will pay for any direct and accidental damage to your auto
Collision. caused by a collision. We will also pay for collision damage to other private
passenger autos while being used by you or a household member with the
consent of the owner. It does not matter who is at fault. We will pay the cost to
repair the auto or any of its parts up to the actual cash value of the auto or any of
its parts at the time of the collision. We will not pay for any decrease in value
claimed to result from the loss. The most we will pay will be either the actual cash
value of the auto or the cost to repair the auto, whichever is less. The cost to
repair the auto is limited to the prevailing competitive price, which is the price we
can secure from a licensed repair facility conveniently located to you. Unless you
have purchased agreed amount coverage, actual cash value of the auto will be
determined at the time of the loss. Actual cash value may include an adjustment
for depreciation and betterment and for the physical condition of the auto. We
will, at our option, repair the auto, repair or replace any of its parts, or declare
the auto a total loss. If the repair of a damaged part will impair the operational
safety of the auto we will replace the part.
We will also pay reasonable and necessary expenses for towing, recovery
and storage of your auto.
In all cases we will subtract the deductible amount you selected. Unless you
selected a different amount, the law sets your deductible at $500. Your
deductible is shown on the Coverage Selections Page.
We will not pay for damage to any auto which is owned or regularly used by you
or a household member unless a premium for this Part is shown for that auto on
the Coverage Selections Page.
We will not pay for any liability assumed under any other contract or agreement.
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We will not pay for a collision loss for an accident which occurs while your auto
is being operated by a household member who is not listed as an operator on
this policy. Payment is withheld when the household member, if listed, would
require the payment of additional premium on this policy because:
1. The household member would be classified as an inexperienced operator,
or
2. More points would be assigned under a merit rating plan.
You must notify us within 60 days after a person who will operate your auto
becomes a household member, if that person was not a household member
on the effective date of your policy. In the same manner, you must notify us if a
household member, who will operate your auto, becomes a licensed operator.
If we pay for the total loss of your auto, we will suspend the Collision Coverage
for that auto until it passes a motor vehicle Test.
Camper bodies are not covered under this Part unless specifically shown on the
Coverage Selections Page or by endorsement. An additional premium will be
charged for insuring a camper body.
If an auto covered under this Part is not owned by you at the time of the accident,
the owner’s auto insurance must pay its limit before we pay. Then, we will pay,
up to the limit shown on your Coverage Selections Page, for any damage not
covered by that insurance less the deductible amount you selected.
Part 8.
Limited Collision. Under this Part, we will pay in some situations for direct and accidental
damage to your auto caused by a collision. We will also pay in these situations
for damage to other private passenger autos while being used by you or a
household member with the consent of the owner.
We will pay the cost to repair the auto or any of its parts up to the actual cash
value of the auto or any of its parts at the time of the collision. We will not pay
for any decrease in value claimed to result from the loss. The most we will pay
will be either the actual cash value of the auto or the cost to repair the auto,
whichever is less. The cost to repair the auto is limited to the prevailing
competitive price, which is the price we can secure from a licensed repair facility
conveniently located to you. Unless you have purchased agreed amount
coverage, actual cash value of the auto will be determined at the time of the loss.
Actual cash value may include an adjustment for depreciation and betterment
and for the physical condition of the auto. We will, at our option, repair the auto,
repair or replace any of its parts, or declare the auto a total loss. If the repair of a
damaged part will impair the operational safety of the auto we will replace the
part.
We will also pay reasonable and necessary expenses for towing, recovery
and storage of your auto.
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In all cases we will subtract the deductible amount you selected. Unless you
selected a different amount, the law sets your deductible at $500. Your
deductible is shown on the Coverage Selections Page.
We will not pay for damage to any auto which is owned or regularly used by you
or a household member unless a premium for this Part is shown for that auto on
the Coverage Selections Page.
We will not pay for any liability assumed under any other contract or agreement.
We will not pay for a loss for an accident which occurs while your auto is being
operated by a household member who is not listed as an operator of this policy.
Payment is withheld when the household member, if listed, would require the
payment of additional premium on this policy because:
1. The household member would be classified as an inexperienced operator,
or
2. More points would be assigned under a merit rating plan.
You must notify us within 60 days after a person who will operate your auto
becomes a household member if that person was not a household member on
the effective date of your policy. In the same manner, you must notify us if a
household member, who will operate your auto, becomes a licensed operator.
The protection under this Part is not as broad as under Collision coverage but the
premium is considerably less.
We only pay under this Part for multiple car accidents in which the driver of the
auto we are covering was no more than 50% at fault. We will not pay if the
owner of the other auto cannot be identified. We are required to determine
whether the driver of the auto we are covering was more than 50% at fault. We
will notify you of our decision.
As long as the driver of the auto covered under this Part was not more than 50%
at fault, his or her percentage of fault will not affect the amount of our payment.
We will consider the driver of the auto covered under this Part to be no more than
50% at fault if:
1. The auto was legally parked when struck by another auto.
2. The auto was struck in the rear by another auto moving in the same direction.
3. The operator of the other auto was convicted of certain violations of law. We
will not pay if the operator of the auto covered under this Part was also convicted
of one of the same violations.
4. That driver is entitled to recover in court against an identified person for some
reason other than those listed above.
If we pay for the total loss of your auto, we will suspend the Limited Collision
Coverage for that auto until it passes a motor vehicle inspection test.
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Camper bodies are not covered under this Part unless specifically shown on the
Coverage Selections Page or by endorsement. An additional premium will be
charged for insuring a camper body.
If an auto covered under this Part is not owned by you at the time of the accident,
the owner’s auto insurance must pay its limit before we pay. Then, we will pay,
up to the limit shown on your Coverage Selections Page, for any damage not
covered by that insurance less the deductible amount you selected.
Part 9. Under this Part, we will pay for direct and accidental damage to or loss of your
Comprehensive.
auto other than damage caused by collision. We will also pay for such damage
or loss to other private passenger autos while being used by you or a household
member with the consent of the owner.
We will pay the cost to repair the auto or any of its parts up to the actual cash
value of the auto or any of its parts at the time of loss. We will not pay for any
decrease in value claimed to result from the loss. The most we will pay will be
either the actual cash value of the auto or the cost to repair the auto, whichever
is less. The cost to repair the auto is limited to the prevailing competitive price,
which is the price we can secure from a licensed repair facility conveniently
located to you. Unless you have purchased agreed amount coverage, actual
cash value of the auto will be determined at the time of the loss. Actual cash
value may include an adjustment for depreciation and betterment and for the
physical condition of the auto. We will, at our option, repair the auto, repair or
replace any of its parts, or declare the auto a total loss. If the repair of a
damaged part will impair the operational safety of the auto we will replace the
part. We will reimburse you for substitute transportation expenses if your auto is
stolen.
We will also pay reasonable and necessary expenses for towing, recovery
and storage of your auto.
In all cases we will subtract the deductible amount you selected. Unless you
selected a different amount, the law sets your deductible at $500. Your
deductible is shown on the Coverage Selections Page. Your deductible does not
apply to glass breakage or substitute transportation expenses following a theft.
We will not pay for such damage or loss to any auto which is owned or regularly
used by you or a household member unless a premium for this Part is shown
for that auto on the Coverage Selections Page. This part is not a substitute for
Collision (Part 7) or Limited Collision (Part 8).
We will not pay for any liability assumed under any other contract or agreement.
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We consider glass breakage when not involving other collision loss to be a
Comprehensive loss. We consider the following types of losses to be
Comprehensive and not Collision losses: losses caused by vandalism, fire and
theft, missiles, falling objects, larceny, explosion, earthquake, windstorm, hail,
water, flood, malicious mischief, riot or contact with a bird or animal.
If your auto is stolen, you must report the theft to us and the police. We will
reimburse you only for transportation expenses incurred after the first 48 hours
following those reports. We will not pay for transportation expenses incurred prior
to that time. After that, we will reimburse you up to $15 a day to a maximum
of $450.
Your right to reimbursement stops on the day your auto is located or before that
time if we pay you for the theft loss.
If you choose not to rent an auto, we will reimburse you up to the same amount
for taxicab fares, bus fares and other transportation expenses. If your auto is
found, we will pay the cost of transporting it to your last address shown on the
Coverage Selections Page. However, our total payment for transporting the auto
and for repairs will not be more than the actual cash value of the auto.
If your auto is damaged by fire, you must report the loss to us and the fire
department.
Massachusetts law requires that if we pay for the total loss of your auto as a
result of a fire or theft, we may suspend coverage for a fire or theft loss under this
Part for any replacement auto unless it is made reasonably available for our
inspection within two Registry of Motor Vehicles business days following the day
you acquired it. We may also raise your deductible unless you install an approved
anti-theft device in the replacement auto.
Camper bodies are not covered under this Part unless specifically shown on the
Coverage Selections Page or by endorsement. An additional premium will be
charged for insuring a camper body.
If an auto covered under this Part is not owned by you at the time of the accident,
the owner’s auto insurance must pay its limit before we pay. Then, we will pay,
up to the limit shown on your Coverage Selections Page, for any damage or loss
not covered by that insurance less the deductible amount you selected.
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Part 10. Under this Part, we will reimburse you in certain situations up to the limits
Substitute
shown on your Coverage Selections Page. We will reimburse you if your auto
Transportation.
was in a collision and is being repaired or replaced. We will also reimburse you
if your auto cannot be used because of the kind of damage or loss, including
theft, that is covered under Comprehensive (Part 9).
We will not make any payments unless you lose the use of your auto for at least
24 hours.
Reimbursement for rental charges and transportation expenses will end the
earliest of when your auto has been returned to you, repaired, or replaced. We
will pay only for a period of time which is reasonable for having your auto
repaired or replaced. If your auto is deemed by us to be a total loss,
reimbursement for rental charges and transportation expenses will end seven
business days after we offer to pay the actual cash value under Part 7, Part 8, or
Part 9.
If your auto is stolen, you must report the theft to us and the police. We will
reimburse you only for transportation expenses incurred after the first 48 hours
following those reports. We will not pay for transportation expenses incurred
prior to that time.
Under Comprehensive (Part 9) there is substitute transportation coverage when
your auto is stolen. If you purchase both Comprehensive and $15/$450 limits
under this Part, Comprehensive will pay first until its coverage is no longer
available. Then this Part will pay. If you purchase $30/$900 limits under this
Part, the most we will pay under Comprehensive (Part 9) and this Part is up to
$30 a day to a maximum of $900. If you purchase higher limits under this Part,
the most we will pay under Comprehensive (Part 9) and this Part are the limits for
this Part.
The Coverage under this Part will not duplicate any payments under
Comprehensive (Part 9).
If you choose not to rent an auto, we will reimburse you up to the same amounts
for taxicab fares, bus fares, and other transportation expenses.
Part 11. Under this Part, we will pay up to the limit shown on your Coverage
Towing And Labor.Selections Page for towing, recovery, and labor costs incurred each time your
auto is disabled. We will pay only for labor done at the scene to the
extent that the labor was needed to get your auto going. We will
not pay for the cost of repair parts.
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Part 12. Sometimes an owner or operator of an auto legally responsible for an accident
Bodily Injury is underinsured. Under this Part, we will pay damages for bodily injury to people
Caused By An injured or killed as a result of certain accidents caused by someone who does
Underinsured Auto. not have enough insurance.
We will only pay if the injured person is legally entitled to recover from the
owners or the operators of all underinsured autos. Such injured person has a
claim under this Part when the limits for auto bodily injury liability insurance
covering the owners and operators of the legally responsible autos are:
1. Less than the limits shown for this Part on your Coverage Selections Page;
and
2. Not sufficient to pay for the damages sustained by the injured person.
We will pay damages to or for:
1. You, while occupying your auto, while occupying an auto you do not own,
or if injured as a pedestrian.
2. Any household member, while occupying your auto, while occupying an
auto not owned by you, or if injured as a pedestrian. If there are two or more
policies which provide coverage at the same limits, we will only pay our
proportionate share. We will not pay damages to or for your spouse or any
household member who has an auto policy of his or her own. We will not pay
damages to or for anyone who is covered by an auto policy of another
household member providing underinsured auto insurance with higher limits.
3. Anyone else while occupying your auto. We will not pay damages to or for
anyone else who has a Massachusetts auto policy of his or her own. We will not
pay damages for anyone who is covered by an auto policy of another household
member providing underinsured auto coverage.
4. Anyone else for damages he or she is entitled to recover because of injury to
a person covered under this Part.
If you are injured while occupying your auto and you have two or more autos
insured with us with different limits, we will only pay up to the limits shown on
your Coverage Selections Page for the auto you are occupying when injured.
If you are injured as a pedestrian or while occupying an auto you do not own
and have two or more auto policies which provide coverage at different limits, the
policy with the higher limits will pay. If there are two or more policies which
provide coverage at the same limits, we will only pay our proportionate share.
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We will not pay to or for:
1. You while occupying an auto you own unless a premium charge is shown for
that auto on your Coverage Selections Page.
2. Anyone injured while using an auto without the consent of the owner.
3. Any household member if struck by or while occupying an auto owned by
that household member which does not have Massachusetts compulsory auto
insurance.
We will reduce the damages an injured person is entitled to recover by:
1. The total amount collected from the automobile bodily injury liability insurance
covering the legally responsible owners and operators of all insured autos.
2. The amount recovered from any legally responsible person provided the
injured person is fully paid for his or her damages for bodily injury.
3. The amount paid under a workers’ compensation law or similar law.
4. Any expenses that are payable or would have been payable, except for a
deductible, under the PIP coverage of this policy or any other auto policy.
If only one person sustains bodily injury, we will pay any unpaid damages up to
the difference between the total amount collected from the auto bodily injury
liability insurance covering the legally responsible owners and operators of all
insured autos and the “per person” limit shown for this Part on your Coverage
Selections Page. This is the most we will pay for injuries to one or more persons
as the result of bodily injury to any one person in any one accident.
Subject to the “per person” limit, if two or more people sustain bodily injury and
are entitled to coverage under this Part, we will pay any unpaid damages up to
the difference between the auto bodily injury liability insurance “per accident” limit
covering the legally responsible owners and operators and the “per accident” limit
shown for this Part on your Coverage Selections Page. This is the most we will
pay for injuries to two or more people as the result of bodily injury to two or more
people in any one accident.
The decision as to whether an injured person is legally entitled to recover
damages from the legally responsible owner or operator will be by agreement
between us and the injured person. The amount of damages, if any, will be
determined in the same way. Arbitration will be used if no agreement can be
reached. Unless otherwise agreed, all monetary awards not paid within thirty
days after receipt of the award shall bear interest from the date of the award at
the rate allowed by statute. In no event may a demand for arbitration constitute
first notice of claim. We must be given sufficient notice of claim to conduct a
reasonable investigation and attempt settlement before arbitration can be filed.
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If an injured person settles a claim as a result of an accident covered under this
Part, we will pay that person only if the claim was settled with our consent. We
will not be bound under this Part by any judgment resulting from a lawsuit
brought without our written consent. We will not, however, unreasonably withhold
our consent.
The limits of two or more autos or policies shall not be added together, combined
or stacked, to determine the limits of coverage available to anyone covered
under this Part, regardless of the number of autos involved, persons covered,
claims made, or premiums shown on the Coverage Selections Page.
We will not make payments under this Part which duplicate payments under the
underinsured auto insurance of any other auto policy.
This Part will not benefit any insurer or self-insurer under a workers’
compensation law or any similar law.
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General Provisions
And Exclusions
This section of the policy contains general provisions which, unless
otherwise noted, apply to all your coverages. It also describes some
situations in which policy benefits will not be paid.
1. Where You Compulsory Bodily Injury To Others (Part 1) only covers accidents
Are Covered. in Massachusetts. All the other Parts provide coverage for accidents
and losses which happen in the United States or Canada. We
consider United States territories and possessions and Puerto Rico
to be part of the United States. We will pay for accidents and losses
which happen while your auto is being transported between ports
of the United States and Canada. Your auto is not covered in any
other country.
2. Our Duty To We have the right to defend any lawsuit brought against anyone
Defend You And covered under this policy for damages which might be payable
Our Right To Settle. under this policy. We also have a duty to defend any such lawsuit,
even if it is without merit, but our duty to defend ends when we
tender, or pay to any claimant or to a court of competent jurisdiction,
with the court’s permission, the maximum limits of coverage under
this policy. We may end our duty to defend at any time during the
course of the lawsuit, by tendering, or paying the maximum limits of
coverage under the policy, without the need for a judgment or
settlement of the lawsuit or a release by the claimant.
We have the right to settle any claim or lawsuit as we see fit. If any
person covered under this policy settles a claim without our consent,
we will not be bound by that settlement.
3. Additional Costs We will pay, in addition to the limits shown for Compulsory and
We Will Pay. Optional Bodily Injury To Others (Parts 1 and 5) and Damage To
Someone Else’s Property (Part 4):
A. Premiums on appeal bonds and premiums on bonds to release
attachments for an amount up to the applicable limits you selected in
any suit we defend.
B. Interest on that part of a judgment or arbitration award that is
within our limits of liability which accrues after the judgment or award
in any matter we defend. We will not pay interest that accrues after
we have offered to pay up to the limits you selected.
C. Up to $40 a day for loss of earnings, but not for loss of other
income, to any person covered under this policy who attends
hearings or trials at our request.
D. Other reasonable expenses incurred at our request.
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General Provisions
And Exclusions
(Continued)
4. What Happens If you die, we will continue coverage for the period of this policy for:
If You Die.
A. Your spouse, if a household member at your death.
B. Any legal representative to the extent he or she is responsible
for maintenance or use of your auto.
C. Any person having proper temporary custody of your auto.
5. Our Right Sometimes we may make a payment under this policy to you or to
To Be Repaid. someone else who has a separate legal right to recover damages
from others. In that case, those legal rights may be exercised by us.
Anyone receiving payment under those circumstances must do
nothing to interfere with those rights. He or she must also do what-
ever is necessary to help us recover for ourselves up to the amount
we have paid. If we then recover more than we paid, we will pay
that person the excess, less his or her proportionate share of the
costs of recovery, including reasonable attorney’s fees. Any amount
recovered, because of a payment we make under Part 3 or Part 12
of this policy shall first be applied to any unpaid damages due that
person. Such unpaid damages must be a part of a claim settled
with our consent or a part of a judgment resulting from a lawsuit
brought with our written consent. Any balance then remaining shall
be applied to the amounts we have paid under Part 3 or Part 12.
We will reduce the amount we will pay that person by his or her
proportionate share of the costs of recovery including reasonable
attorney’s fees.
Sometimes you or someone else may recover money from the
person legally responsible for an accident and also receive money
from us for the same accident. If so, the amount we paid must be
repaid to us to the extent that you or someone else recovers. If you
or someone else recover money from the person legally
responsible for the accident and also receive money from us for the
same accident as a payment under Part 3 or Part 12 of this policy,
we must be repaid for any amounts so paid but only to the extent
that such recovery exceeds any unpaid damages due that person
under a claim settled with our consent or judgment resulting from a
lawsuit brought with our written consent.
Whenever we are entitled to repayment from anyone, the amount
owed us can be reduced by our proportionate share of the costs of
recovering the money, including reasonable attorneys’ fees.
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General Provisions
And Exclusions
(Continued)
6. When You Have You may have more than one policy with us covering the same
More Than One Auto accident. In that case, the most we will pay is the highest amount
Policy With Us. payable under the applicable coverage in any one of those policies.
However, claims made under Bodily Injury Caused By An Uninsured Auto
(Part 3) and Bodily Injury Caused By An Underinsured Auto (Part 12) are
treated differently. The difference is explained in the description of the
coverage for that Part.
7. If You Go Bankruptcy or insolvency of any person covered under this policy does
Bankrupt.
not relieve us of any of our obligations under this policy.
8. We Do Not Pay We will not pay under Damage To Someone Else’s Property (Part
For Nuclear Losses 4) and Optional Bodily Injury To Others (Part 5) for any person who
Or War Losses. is an insured under a nuclear energy liability policy or who would be an
insured under such a policy had it not already exhausted its limits.
We will not pay under Medical Payments (Part 6), Collision, Limited
Collision or Comprehensive (Parts 7, 8 and 9) for losses or damage
caused by radioactive contamination or by acts of war, insurrection,
rebellion or revolution or any act incident to any of these.
9. We Do Not Pay We will not pay for damage to your auto which is due solely to ordinary
For Ordinary wear and tear, freezing, mechanical or electrical failure, or for ordinary
Wear Or Tear. road damage to tires. We will, however, pay for this damage if it is the
result of some other loss which is covered by this policy.
10. If We Pay If we pay for the total loss of your auto, we have the right, if we so
For A Total Loss. choose, to take title to that auto. We also have the right, if we so choose,
to take any damaged part for which we pay.
11. Repair And Under Collision, Limited Collision and Comprehensive (Parts 7, 8
Payment After A
Collision Or
Loss; If We
Disagree On The
Amount Of
Damage
(Parts 7, 8 and 9).
PA300MA (12/17)
and 9), you must allow us to have the auto appraised after a collision or
loss. If we have a direct payment plan approved by the Commissioner
of Insurance, we will pay you in accordance with the appraisal and allow
you to select a repair shop of your choice. If you choose not to have
your auto repaired, or if we do not receive your Repair Certificate Form,
or, when requested, you do not make your auto available for reinspection
within a reasonable period of time following repair, our payments
automatically reduce the actual cash value of your auto if you have further
claims. If you later give us proof of proper repair, the actual cash value will
be increased.
If you choose not to accept payment under our direct payment plan or we
do not have such a plan, and you have your auto repaired in accordance
with the appraisal, you must send us a Completed Work Claim Form. We
must pay you within 7 days after receiving the form.
27
General Provisions
And Exclusions
(Continued)
If we fail to pay you within 7 days after receipt of the Completed Work
Claim Form, you have the right to sue us. If a court decides that we were
unreasonable in refusing to pay you on time, you are entitled to double the
amount of damage plus costs and reasonable attorneys’ fees. We will pay
the repair shop directly if you request and the repair shop certifies that it
meets certain requirements. If you choose not to have your auto repaired,
or if we do not receive your Completed Work Claim Form, we will
determine the amount of decrease in the actual cash value of your auto
and pay you that amount less your deductible. Our payment reduces the
actual cash value of your auto if you have further claims. If you later give
us proof of proper repair, the actual cash value will be increased. We have
a right to inspect all repairs.
Sometimes there may be a disagreement as to the amount of money we
owe for losses or damage to an auto. If so, Massachusetts law sets forth a
method of settling the disagreement. Either you or we can, within 60 days
after you file your proof of loss, demand in writing that appraisers be
selected. The appraisers must then follow a procedure set by law to
establish the amount of damage. Their decision will be binding on you and
us. You and we must share the cost of the appraisal.
12. Sales Tax. Under Collision, Limited Collision and Comprehensive (Parts 7, 8 and 9)
we will pay, subject to your deductible, all sales taxes applicable to the loss
of an auto or damage to an auto.
13. Secured Lenders. When your Coverage Selections Page shows that a lender has a secured
interest in your auto, we will make payments under Collision, Limited
Collision and Comprehensive (Parts 7, 8 and 9) according to the legal
interests of each party.
The secured lender’s right of payment will not be affected by your acts or
neglect. However we will not pay if the loss of or damage to your auto is
the result of conversion, embezzlement, or secretion by you or any
household member. Also, we will not pay the secured lender if the loss of
or damage to your auto is the result of arson, theft or any other means of
disposal committed by you or at your direction.
When we pay any secured lender we shall, to the extent of our payment
have the right to exercise any of the secured lender’s legal rights of
recovery. If you do not file a proof of loss as provided in this policy, the
secured lender must do so within 30 days after the loss or damage
becomes known to the secured lender.
PA300MA (12/17)
28
General Provisions
And Exclusions
(Continued)
In order for us to cancel the rights of any secured lender shown on the
Coverage Selections Page, a notice of cancellation must be sent to the
secured lender as provided in this policy.
14. No Benefits Coverage under Collision, Limited Collision and Comprehensive
To Anyone In (Parts 7, 8 and 9) shall not in any way benefit any person or organization
The Auto Business. having possession of your auto for the purpose of servicing, repairing,
parking, storing, or transporting it or for any similar purpose.
15. If Two Or More Two or more autos may be insured under this policy. There may be
Autos Are Insured different limits for each auto. If so, when someone covered under
Under This Policy. this policy is injured while a pedestrian or is using an auto other than
your auto at the time of the accident, the most we will pay under any
applicable Part is the highest limit shown for that Part for any one auto on
your Coverage Selections Page.
16. Trailers. When a trailer is attached to an auto, we consider the auto and trailer
together to be one auto in applying the limits shown on the Coverage
Selections Page under Bodily Injury To Others, Damage To Someone
Else’s Property and Optional Bodily Injury To Others (Parts 1, 4 and 5).
17.
Premiums
The premium we will charge for any extension or renewal of this policy
For Extensions will be in accordance with our rates and rules in effect at the time of the
Or Renewals. effective date of the extension or renewal.
18. False If you or someone on your behalf gives us false, deceptive, misleading
Information.
or incomplete information in any application or policy change request and
if such false, deceptive, misleading or incomplete information increases
our risk of loss, we may refuse to pay claims under any or all of the
Optional Insurance Parts of this policy. Such information includes the
description and the place of garaging of the vehicles to be insured, the
names of all household members and customary operators required to
be listed and the answers given for all listed operators. We may also limit
our payments to those amounts that we are required to sell under the
compulsory coverages of this policy.
19. Changes Which If the information contained in your application changes before this policy
Affect Premium. expires, we have the right to adjust your premium to reflect such changes.
You must inform us of any changes which may have a material effect on
your insurance coverage or premium charges. This includes the
description, ownership, type of usage and place of garaging of your auto.
It also includes the household members and individuals who customarily
operate your auto.
20. Pre-Insurance Massachusetts law provides that we may inspect certain motor
Inspection. vehicles for providing coverage for Collision, Limited Collision, or
Comprehensive (Parts 7, 8 or 9).
PA300MA (12/17)
29
General Provisions
And Exclusions
(Continued)
21. Actual Cash Value.Whenever the appraised cost of repair of an auto plus the probable
salvage value of the auto may be reasonably expected to exceed the
actual cash value of the auto, we shall determine the auto’s actual cash
value. Our decision shall be based on a consideration of all of the
following factors:
1) The retail book value for an auto of like kind and quality, but for the
damage incurred;
2) The price paid for the auto plus the value of prior improvements to the
auto at the time of the accident, less appropriate depreciation;
3) The decrease in value of the auto resulting from prior unrelated
damage which is detected by the appraiser; and
4) The actual cost of purchase of an available auto of like kind and
quality but for the damaged sustained.
22. Assignment. Under Collision (Part 7), Limited Collision (Part 8), and Comprehensive
(Part 9), an assignment of interest under this policy will not bind us
without our knowledge or consent. Any improper assignment shall be
void and invalid. The assignee shall acquire no rights under this contract
and we shall not recognize any such assignment. This limitation on
assignment shall not affect our right to subrogation under this policy.
PA300MA (12/17)
30
Cancellation
And Renewal
Cancellation.
Cancellation of this policy is something you should ordinarily have no
reason to worry about.
You can cancel any of the Optional Insurance Parts at any time by giving
us or your agent at least 20 days written notice. Because all of the
Compulsory Insurance Parts are required, you cannot cancel any of
them separately. You can cancel all of the policy by giving us or your
agent at least 20 days written notice.
We can cancel all or any part of this policy including your Compulsory
Insurance if:
1. You have not paid your premiums.
2. We find that you were responsible for fraud or material
misrepresentation when you applied for this policy or any extension or
renewal of it.
3. The driver’s license or auto registration of you, or any person who
resides in your household and usually operates an auto insured under this
policy, has been under suspension or revocation during the policy period.
4.
You fail to comply with a request for a safety inspection test for a
vehicle for which total damage has been paid.
We can cancel Collision (Part 7), Limited Collision (Part 8), and
Comprehensive (Part 9) on a vehicle:
1. Customarily driven by or owned by persons who have within the last five
years been convicted of vehicular homicide, auto related fraud, or auto
theft, or
2. Customarily driven by or owned by persons who have within the last five
years made an intentional and material misrepresentation in making claim
under those coverages, or
3. Customarily driven or owned by persons who have within the last three
years, been convicted of any category of driving under the influence of
alcohol or drugs, or
4. For which a salvage title has been issued by the Registrar of Motor
Vehicles unless a new certificate of title has been issued in accordance
with Massachusetts law, or
5. Designated as a “high-theft vehicle” which does not have at least a
minimum anti-theft or auto recovery device as prescribed by the
Commissioner of Insurance.
PA300MA (12/17)
31
Cancellation
And Renewal
(Continued)
We may also cancel:
1. Collision (Part 7) and Limited Collision (Part 8) on a vehicle
customarily driven by or owned by persons who, within three years
preceding the effective date of this policy, have been involved in four
or more at-fault auto accidents. An at-fault accident is one in which
you or any person who customarily drives your auto was more than
50% at fault; and .
2. Comprehensive (Part 9) on a vehicle customarily driven by or
owned by persons who have two or more total auto theft or fire
insurance claims within the three years immediately preceding the
effective date of this policy.
If the driver’s license or auto registration of anyone residing in your
household who usually operates your auto has been under
suspension or revocation during the policy period, we may suspend
coverage for that person under any of the Optional Insurance Parts of
the policy. We may also reduce the limits available for that person
under Bodily Injury Caused By An Uninsured Auto (Part 3), Damage
To Someone Else’s Property (Part 4) to the minimum limits we are
required to sell.
We can cancel Towing And Labor (Part 11) for reasons other than
those listed above if we do so within the first 90 days of the policy
period. We can cancel, in the same manner, coverage limits which are
higher than the limits we are required by law to sell you and any
coverages designed to reduce the deductibles set by law.
Automatic
Massachusetts law provides that your policy automatically terminates
Termination.
and a Notice of Cancellation will not be sent to you when:
1. You return the registration plates for your auto to the Registry of
Motor Vehicles.
2. You purchase a new policy with another company covering your
auto and a new Certificate of Insurance is filed with the Registry of
Motor Vehicles.
3. You transfer title to your auto, and you do not register another
auto. In this case, the policy will terminate 30 days from the date of
transfer of title.
However, if more than one auto is described on the Coverage
Selections Page, the termination of coverage applies only to the auto
involved in any of the situations described above.
Legal Notice Any notice of cancellation will be sent to you at your last address
Requirement.
shown on the Coverage Selections Page at least 20 days prior to the
PA300MA (12/17)
32
Cancellation
And Renewal
(Continued)
effective date. A notice sent by regular mail for which a certificate of
mailing receipt has been obtained from the United States Postal
Service will be considered sufficient notice.
In order for us to cancel the rights of any secured lender shown on the
Coverage Selections Page, a notice of cancellation must also be sent
to the secured lender in a similar manner.
If we cancel this policy in its entirety, the cancellation is not effective
unless we send the required notice to the Registry of Motor Vehicles.
If the policy is cancelled, the amount of your refund will be determined
by a pro rata table based on the number of days the policy was in
effect. If the policy is cancelled by you or by law, we may give you a
refund which is less than proportional based on a “short rate” table.
No refund of premium will be sent to you upon cancellation of the
policy until we receive a receipt showing that the registration plates
assigned to the insured motor vehicle have been returned to the
Registry of Motor Vehicles or other document showing that you have
replaced the insurance required by law.
If you think that we have cancelled your policy illegally, you can
appeal to the Board of Appeals on Motor Vehicle Liability Policies and
Bonds. Your cancellation notice will explain how to appeal.
Renewal. If we decide not to renew this policy or any of its Parts, we must mail
our notice to your agent or to you at your last address shown on the
Coverage Selections Page at least 45 days before your policy runs
out. A notice sent by regular mail for which a certificate of mailing
receipt has been obtained from the United States Postal Service will
be considered sufficient notice. If we require a renewal application,
and you fail to complete and return it to us within the specified time,
we then have the right to cancel the renewal policy.
PA300MA (12/17)
33
When There Is
An Accident Or Loss
First, Call an ambulance or the police and, of course, cooperate with
Help Any them. Do whatever is reasonable to protect the auto from further damage
Injured Person. or loss. Where there is coverage provided by this policy, we will pay for
any reasonable expenses incurred in doing this.
Second,
Under Massachusetts law, notice to the local or state police and the
Notify The Police, Registry of Motor Vehicles is required within 5 days if there is anyone
Registry Or Fire injured in an accident, no matter how slight the injury, or if there is reason
Department. to believe that there has been over $1,000 in total property damage.
Within 24 hours, notify both the police and us if your auto is stolen or if
you have been involved in a hit-and-run accident. You must report a fire
loss to the fire department. The notice to the police or the fire department
must be on the form required by law.
Third, We do not know about accidents or losses until you or someone else
File The Claim notifies us. We, or our agent, must be notified promptly of the accident
With Us. or loss by you or someone on your behalf. The notification should include
as many details as possible, including names and addresses of drivers,
injured persons and witnesses. If you or any person seeking payment
under this policy fail to notify us promptly of any accident or claim under
Parts 2, 3, 6, or 12 of this policy, we may not be required to pay claims
under any of these parts.
If you are filing a claim for damage to your auto, you or someone on your
behalf must file a proof of loss within 91 days after the accident.
Fourth,
After an accident or loss, you or anyone else covered under this policy
Cooperate must cooperate with us in the investigation, settlement and defense of
With Us. any claim or lawsuit. We must be sent copies of all legal documents in
connection with the accident or loss.
We may also require you and any person seeking payment under any part
of this policy to submit to an examination under oath at a place designated
by us, within a reasonable time after we are notified of the claim.
If anyone makes a claim or seeks payment under Personal Injury
Protection, Bodily Injury Caused By An Uninsured Auto, Medical
Payments, or Bodily Injury Caused By An Underinsured Auto (Parts 2, 3, 6
or 12), we have a right to require that person to be examined by doctors
selected by us. If anyone seeks continuing payments under any of these
Parts, we may also require additional examinations at reasonable
intervals. We will pay for these examinations. We must also be
authorized to obtain medical reports and other records pertinent to the
claim.
Failure to cooperate with us may result in the denial of the claim.
PA300MA (12/17)
34
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.
Daniel Olohan Alfredo Castelo
Secretary President and Chief Executive Office
Remember: Defensive Driving
Can Save Your Life And Your
Money
PA300MA (12/17)