Policy Contract - 9611 (09 - 15)
Policy Contract - 9611 (09 - 15)
Policy Contract - 9611 (09 - 15)
LOUISIANA
AUTO POLICY
INSURING AGREEMENT.................................................................................. 1
GENERAL DEFINITIONS.................................................................................. 1
INSURING AGREEMENT
In return for your payment of the premium, we agree to insure you subject to all the
terms, conditions and limitations of this policy. We will insure you for the coverages
and the limits of liability shown on this policy’s declarations page. Your policy consists
of the policy contract, your insurance application, the declarations page, and all en-
dorsements to this policy.
GENERAL DEFINITIONS
The following definitions apply throughout the policy. Defined terms are printed in bold-
face type and have the same meaning whether in the singular, plural, or any other form.
1. “Additional auto” means an auto you become the owner of during the policy pe-
riod that does not permanently replace an auto shown on the declarations page
if:
a. we insure all other autos you own;
b. the additional auto is not covered by any other insurance policy;
c. you notify us within 30 days of becoming the owner of the additional auto;
and
d. you pay any additional premium due.
An additional auto will have the broadest coverage we provide for any auto shown
on the declarations page. If you ask us to insure an additional auto more than
30 days after you become the owner, any coverage we provide will begin at the
time you request coverage.
2. “Auto” means a land motor vehicle:
a. of the private passenger, pickup body, or cargo van type;
b. designed for operation principally upon public roads;
c. with at least four wheels; and
d. with a gross vehicle weight rating of 12,000 pounds or less, according to the
manufacturer’s specifications.
However, “auto” does not include step-vans, parcel delivery vans, or cargo cutaway
vans or other vans with cabs separate from the cargo area.
3. “Auto business” means the business of selling, leasing, repairing, parking, storing,
servicing, delivering or testing vehicles.
4. “Bodily injury” means bodily harm, sickness, or disease, including death that re-
sults from bodily harm, sickness, or disease. Bodily injury sustained by one per-
son includes all injury, including bodily injury, and damages to others resulting
from this bodily injury.
5. “Covered auto” means:
a. any auto or trailer shown on the declarations page for the coverages appli-
cable to that auto or trailer;
b. any additional auto;
c. any replacement auto; or
d. a trailer owned by you.
Form 9611D LA (09/15) 1
6. “Declarations page” means the document showing your coverages, limits of li-
ability, covered autos, premium, and other policy-related information. The declara-
tions page may also be referred to as the Auto Insurance Coverage Summary.
7. “Occupying” means in, on, entering or exiting.
8. “Personal vehicle sharing program” means a system or process, operated by a
business, organization, network, group, or individual, that facilitates the sharing of
private passenger motor vehicles for use by individuals, businesses, or other enti-
ties.
9. “Rated resident” means a person residing in the same household as you at the
time of the loss who is not a relative, but only if that person is both:
a. listed in the “Drivers and household residents” section on the declarations
page; and
b. not designated as either an “Excluded” or a “List Only” driver.
10. “Relative” means a person residing in the same household as you, and related to
you by blood, marriage or adoption, and includes a ward, stepchild, or foster child.
Your unmarried dependent children temporarily away from home will qualify as a
relative if they intend to continue to reside in your household.
11. “Rental auto” means an auto, not owned or leased by you or a relative, which is:
a. rented by you or a relative from a rental agency for a period of 30 days or less;
or
b. provided by an auto business to you or a relative for the purpose of demon-
strating or test-driving the auto for a period of 24 hours or less.
12. “Replacement auto” means an auto that permanently replaces an auto shown
on the declarations page. A replacement auto will have the same coverage as
the auto it replaces if the replacement auto is not covered by any other insurance
policy. However, if the auto being replaced had coverage under Part IV—Damage
To A Vehicle, such coverage will apply to the replacement auto only during the first
30 days after you become the owner unless you notify us within that 30-day period
that you want us to extend coverage beyond the initial 30 days. If the auto being
replaced did not have coverage under Part IV—Damage To A Vehicle, such cover-
age may be added, but the replacement auto will have no coverage under Part IV
until you notify us of the replacement auto and ask us to add the coverage.
13. “Ride-sharing activity” means the use of any vehicle to provide transportation
of persons or property in connection with a transportation network company
from the time a user logs on to, or signs in to, any online-enabled application, soft-
ware, website or system until the time the user logs out of, or signs off of, any
such online-enabled application, software, website or system, whether or not the
user has accepted any passenger(s) or delivery assignment, including the time the
user is on the way to pick up any passenger(s) or property, or is transporting any
passenger(s) or property.
14. “Temporary substitute auto” means an auto, not owned or leased by you, which
replaces a covered auto for 30 days or less. Its use must be with the consent of the
owner. The covered auto that is being replaced has to be temporarily out of use
due to its breakdown, repair, servicing, damage or loss.
INSURING AGREEMENT
If you pay the premium for this coverage, we will pay damages for bodily injury and
property damage for which an insured person becomes legally responsible because
of an accident.
Damages include prejudgment interest on any amount within the limit of liability for this
coverage awarded against an insured person.
We will settle or defend, at our option, any claim for damages covered by this Part I.
ADDITIONAL DEFINITIONS
Coverage under this Part I, including our duty to defend, will not apply to any insured
person for:
1. bodily injury or property damage arising out of the ownership, maintenance or
use of any vehicle or trailer while being used:
a. to carry persons or property for compensation or a fee; or
b. for retail or wholesale delivery, including, but not limited to, the pickup, transport
or delivery of magazines, newspapers, mail or food.
This exclusion:
a. applies only to damages in excess of the minimum limit mandated by the mo-
tor vehicle financial responsibility law of Louisiana; and
b. does not apply to shared-expense car pools, ride-sharing activity, or per-
sonal vehicle sharing programs;
2. any liability assumed under any contract or agreement by you, a relative, or a
rated resident;
3. bodily injury to an employee of that insured person arising out of or within the
course of employment. This exclusion does not apply to domestic employees if
benefits are neither paid nor required to be provided under workers’ compensation,
disability benefits, or similar laws;
4. bodily injury or property damage arising out of an accident involving any vehicle
while being maintained or used by a person while employed or engaged in any
auto business. This exclusion:
a. applies only to damages in excess of the minimum limit mandated by the mo-
tor vehicle financial responsibility law of Louisiana; and
b. does not apply to you, a relative, a rated resident, or an agent or employee
Form 9611D LA (09/15) 4
of you, a relative, or a rated resident, when using a covered auto, a rental
auto, or a temporary substitute auto;
5. bodily injury or property damage resulting from, or sustained during practice or
preparation for:
a. any pre-arranged or organized racing, stunting, speed or demolition contest or
activity; or
b. any driving activity conducted on a permanent or temporary racetrack or race-
course;
6. bodily injury or property damage due to a nuclear reaction or radiation;
7. bodily injury or property damage for which insurance:
a. is afforded under a nuclear energy liability insurance contract; or
b. would be afforded under a nuclear energy liability insurance contract but for its
termination upon exhaustion of its limit of liability;
8. any obligation for which the United States Government is liable under the Federal
Tort Claims Act;
9. bodily injury or property damage caused by an intentional act of that insured
person, or at the direction of that insured person, even if the actual injury or dam-
age is different than that which was intended or expected;
property damage to any property owned by, rented to, being transported by, used
10.
by, or in the charge of that insured person. This exclusion does not apply to a
rented residence or a rented garage;
bodily injury or property damage arising out of the ownership, maintenance or
11.
use of any vehicle owned by you or furnished or available for your regular use,
other than a covered auto for which this coverage has been purchased, a rental
auto, or a temporary substitute auto;
bodily injury or property damage arising out of the ownership, maintenance or
12.
use of any vehicle owned by a relative or a rated resident or furnished or avail-
able for the regular use of a relative or a rated resident, other than a covered
auto for which this coverage has been purchased, a rental auto, or a temporary
substitute auto. This exclusion does not apply to your maintenance or use of such
vehicle;
bodily injury or property damage arising out of your, a relative’s, or a rated
13.
resident’s use of a vehicle, other than a covered auto, without the express or
implied permission of the owner of the vehicle or the person in lawful possession of
the vehicle;
bodily injury or property damage arising out of the use of a covered auto, a
14.
rental auto, or a temporary substitute auto, while leased or rented to others or
given in exchange for any compensation, including while being used in connection
with a personal vehicle sharing program. This exclusion does not apply to the
operation of a covered auto, a rental auto, or a temporary substitute auto, by
you, a relative, or a rated resident;
bodily injury or property damage caused by, or reasonably expected to result
15.
from, a criminal act or omission of that insured person. This exclusion applies
regardless of whether that insured person is actually charged with, or convicted
of, a crime. For purposes of this exclusion, criminal acts or omissions do not include
traffic violations; or
Form 9611D LA (09/15) 5
bodily injury or property damage arising out of the ownership, maintenance or
16.
use of any vehicle or trailer while being used for ride-sharing activity.
LIMITS OF LIABILITY
The limit of liability shown on the declarations page for liability coverage is the most we
will pay regardless of the number of:
1. claims made;
2. covered autos;
3. insured persons;
4. lawsuits brought;
5. vehicles involved in the accident; or
6. premiums paid.
The “each person” limit of liability applies to the total of all claims made for bodily injury
to a person and all claims of others derived from such bodily injury, including, but not
limited to, emotional injury or mental anguish resulting from the bodily injury of another
or from witnessing the bodily injury to another, loss of society, loss of companionship,
loss of services, loss of consortium, and wrongful death.
If the declarations page shows that “combined single limit” or “CSL” applies, the
amount shown is the most we will pay for the total of all damages resulting from any
one accident. However, without changing this limit of liability, we will comply with any law
that requires us to provide any separate limits.
We will not pay under this Part I any expenses paid or payable under Part II—Medical
Payments Coverage.
If multiple auto policies issued by us are in effect for you, we will pay no more than the
highest limit of liability for this coverage available under any one policy.
An auto and attached trailer are considered one auto. Therefore, the limits of liability
will not be increased for an accident involving an auto that has an attached trailer.
When we certify this policy as proof of financial responsibility, this policy will comply with
the law to the extent required. The insured person must reimburse us if we make a
payment that we would not have made if this policy was not certified as proof of financial
responsibility.
OTHER INSURANCE
If there is any other applicable liability insurance or bond, we will pay only our share of
the damages. Our share is the proportion that our limit of liability bears to the total of all
applicable limits. However, any insurance we provide for a vehicle or trailer, other than a
covered auto, a rental auto, or a temporary substitute auto, will be excess over any
other collectible insurance, self-insurance, or bond.
OUT-OF-STATE COVERAGE
If an accident to which this Part I applies occurs in any state, territory or possession of
the United States of America or any province or territory of Canada, other than the one
in which a covered auto is principally garaged, and the state, province, territory or pos-
session 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, this
policy will provide the higher limits; or
2. a compulsory insurance or similar law requiring a non-resident to maintain insur-
ance whenever the non-resident uses an auto in that state, province, territory or
possession, this policy will provide the greater of:
a. the required minimum amounts and types of coverage; or
b. the limits of liability under this policy.
INSURING AGREEMENT
If you pay the premium for this coverage, we will pay the reasonable expenses incurred
for necessary medical services received because of bodily injury:
1. sustained by an insured person; and
2. caused by a motor vehicle accident;
provided the bodily injury is diagnosed within one year of the date of the accident and
reported to us within three years of the date of the accident. If the bodily injury is not
diagnosed within one year of the date of the accident and reported to us within three
years of the date of the accident, we will only pay for such expenses incurred within
three years of the date of the accident.
LIMITS OF LIABILITY
The limit of liability shown on the declarations page for Medical Payments Coverage is
the most we will pay for each insured person injured in any one accident, regardless
of the number of:
1. claims made;
2. covered autos;
3. insured persons;
4. lawsuits brought;
5. vehicles involved in the accident; or
6. premiums paid.
Form 9611D LA (09/15) 9
No one will be entitled to duplicate payments under this policy for the same elements
of damages.
Any amount payable to an insured person under this Part II will be reduced by any
amount paid or payable for the same expense under Part I—Liability To Others or Part
III—Uninsured Motorist Coverage, but only to the extent necessary to prevent duplicate
payments for the same elements of damages.
If multiple auto policies issued by us are in effect for you, we will pay no more than the
highest limit of liability for this coverage available under any one policy.
If an insured person incurs expenses for medical services that we deem to be unrea-
sonable or unnecessary, we may refuse to pay for those expenses and contest them.
If the medical service provider sues the insured person because we refuse to pay
expenses for medical services that we deem to be unreasonable or unnecessary, we
will pay any resulting defense costs, and any resulting judgment against the insured
person, subject to the limit of liability for this coverage. We will choose the counsel.
We will also pay reasonable expenses, including loss of earnings up to $200 per day,
incurred at our request.
The insured person may not sue us for expenses for medical services we deem to
be unreasonable or unnecessary unless the insured person paid the entire disputed
amount to the medical service provider or the medical service provider has initiated
collection activity against the insured person for the unreasonable or unnecessary
expenses.
OTHER INSURANCE
If there is other applicable auto medical payments insurance, we will pay only our
share of the loss. Our share is the proportion that our limit of liability bears to the total
of all applicable limits. However, any insurance we provide for an insured person oc-
cupying a vehicle or trailer, other than a covered auto, a rental auto, or a temporary
substitute auto, will be excess over any other auto insurance providing payments for
medical services.
If you pay the premium for this coverage, we will pay for damages that an insured
person is legally entitled to recover from the owner or operator of an uninsured motor
vehicle because of bodily injury:
1. sustained by an insured person;
Form 9611D LA (09/15) 10
2. caused by an accident; and
3. arising out of the ownership, maintenance or use of an uninsured motor vehicle.
If you pay the premium for this coverage, we will pay for damages that an insured
person is legally entitled to recover from the owner or operator of an uninsured motor
vehicle due to property damage:
1. to a covered auto, a rental auto, or a temporary substitute auto;
2. caused by an accident; and
3. arising out of the ownership, maintenance or use of an uninsured motor vehicle.
NOTICE REQUIREMENT
Any insured person who brings a lawsuit against an owner or operator of an unin-
sured motor vehicle with respect to a bodily injury claim or property damage claim
must promptly notify us of the filing of said lawsuit.
ADDITIONAL DEFINITIONS
Coverage under this Part III will not apply to property damage:
1. if coverage is available under any other property insurance, including, but not lim-
ited to, Part IV of this policy;
2. resulting from any pre-arranged or organized racing, speed or demolition contest,
stunting activity, or in practice or preparation for any such contest or activity;
3. to a covered auto, a rental auto, or a temporary substitute auto, for which insur-
ance:
a. is afforded under a nuclear energy liability insurance contract; or
b. would be afforded under a nuclear energy liability insurance contract but for its
termination upon exhaustion of its limit of liability;
4. to a trailer;
5. arising out of the use of a covered auto, a rental auto, or a temporary substitute
auto while being used in connection with a personal vehicle sharing program.
This exclusion does not apply to the operation of a covered auto, a rental auto, or
a temporary substitute auto by you, a relative, or a rated resident; or
6. sustained while a covered auto, a rental auto, or a temporary substitute auto is
being used for ride-sharing activity.
LIMITS OF LIABILITY
The limit of liability shown on the declarations page for Uninsured Motorist Coverage
is the most we will pay regardless of the number of:
1. claims made;
2. covered autos;
3. insured persons;
4. lawsuits brought;
5. vehicles involved in the accident; or
6. premiums paid.
If the declarations page shows that “combined single limit” or “CSL” applies, the
amount shown is the most we will pay for the total of all damages resulting from any
one accident. However, without changing this total limit of liability, we will comply with
any law that requires us to provide any separate limits.
The amount of damages payable under this Part III will be reduced but only to the ex-
tent necessary to prevent duplicate payments for the same elements of damages, by
all sums:
1. paid because of bodily injury or property damage by or on behalf of any persons
or organizations that may be legally responsible;
2. paid under Part I—Liability To Others; and
3. paid because of bodily injury under any of the following or similar laws:
a. workers’ compensation law; or
b. disability benefits law.
The limit of liability for property damage to a covered auto, a rental auto, or a tempo-
rary substitute auto is the lowest of:
1. the actual cash value of the covered auto, the rental auto, or the temporary sub-
stitute auto at the time of the accident;
2. the amount necessary to replace the covered auto, the rental auto, or the tempo-
rary substitute auto;
3. the amount necessary to repair the covered auto, the rental auto, or the tempo-
rary substitute auto to its pre-loss condition; or
4. the limit of liability shown on the declarations page for “uninsured motorist prop-
erty damage.”
Payments for property damage under this Part III are subject to the following provi-
sions:
1. any amount payable under this Part III for property damage shall be subject to the
deductible shown on the declarations page; and
2. no more than one deductible shall be applied to any one accident.
We will not pay under this Part III any expenses paid or payable under Part II—Medical
Payments Coverage.
No one will be entitled to duplicate payments for the same elements of damages.
If multiple auto policies issued by us are in effect for you, we will pay no more than the
highest limit of liability for this coverage available under any one policy.
If there is other applicable uninsured or underinsured motorist coverage, we will pay only
our share of the damages. Our share is the proportion that our limit of liability bears to
the total of all available coverage limits. However, any insurance we provide with respect
to a vehicle that is not a covered auto, a rental auto, or a temporary substitute auto,
will be excess over any other uninsured or underinsured motorist coverage.
ARBITRATION
In the event of arbitration, each party will select an arbitrator. The two arbitrators will
select a third. If the two arbitrators cannot agree on a third arbitrator within 30 days, then
on joint application by the insured person and us, the third arbitrator will be appointed
by a court having jurisdiction.
Each party will pay the costs and fees of its arbitrator and any other expenses it incurs.
The costs and fees of the third arbitrator will be shared equally.
Unless both parties agree otherwise, arbitration will take place in the parish or county
in which the insured person resides. Local rules of procedure and evidence will apply.
If you pay the premium for this coverage, we will pay for sudden, direct and accidental
loss to a:
1. covered auto, a rental auto, or a temporary substitute auto, including an at-
tached trailer; or
2. non-owned auto;
and its custom parts or equipment, resulting from collision.
Form 9611D LA (09/15) 15
In addition, we will pay the reasonable cost to replace any child safety seat damaged in
an accident to which this coverage applies.
If you pay the premium for this coverage, we will pay for sudden, direct and accidental
loss to a:
1. covered auto, a rental auto, or a temporary substitute auto, including an at-
tached trailer; or
2. non-owned auto;
and its custom parts or equipment, that is not caused by collision.
Coverage for transportation expenses and loss of use damages begins 48 hours after
you report the theft to us and ends the earliest of:
1. when the auto has been recovered and returned to you or its owner;
2. when the auto has been recovered and repaired;
3. when the auto has been replaced; or
4. 72 hours after we make an offer to settle the loss if the auto is deemed by us to be
a total loss.
We must receive written proof of transportation expenses and loss of use damages.
We will pay for sudden, direct and accidental loss to custom parts or equipment on a
covered auto for which this coverage has been purchased. This coverage applies only
if you have purchased both Comprehensive Coverage and Collision Coverage for that
Form 9611D LA (09/15) 16
covered auto and the loss is covered under one of those coverages. This coverage
applies in addition to any coverage automatically provided for custom parts or equip-
ment under Comprehensive Coverage or Collision Coverage.
If your declarations page shows that this coverage applies to your policy, we will pay
under Comprehensive Coverage for loss, not caused by collision, to glass or plastic
used in the windshield, backglass, windows, moonroof, or sunroof of a covered auto.
We will reimburse rental charges incurred when you rent an auto from a rental agency
or auto repair shop due to a loss to a covered auto for which Rental Reimbursement
Coverage has been purchased. This coverage applies only if you have purchased both
Comprehensive Coverage and Collision Coverage for that covered auto and the loss
is covered under one of those coverages.
Additional fees or charges for insurance, damage waivers, optional equipment, fuel, or
accessories are not covered.
This coverage is limited to the each day limit as shown on the declarations page for a
maximum of 30 days.
If Rental Reimbursement Coverage applies, no other coverage under this policy for
rental expenses will apply.
If you pay the premium for this coverage, and the covered auto for which this cover-
age was purchased is deemed by us to be a total loss, we will pay, in addition to any
amounts otherwise payable under this Part IV, the difference between:
1. the actual cash value of the covered auto at the time of the total loss; and
2. any greater amount the owner of the covered auto is legally obligated to pay under
a written loan or lease agreement to which the covered auto is subject at the time
of the total loss, reduced by:
a. unpaid finance charges or refunds due to the owner for such charges;
b. excess mileage charges or charges for wear and tear;
c. charges for extended warranties or refunds due to the owner for extended war-
ranties;
d. charges for credit insurance or refunds due to the owner for credit insurance;
e. past due payments and charges for past due payments; and
f. collection or repossession expenses.
However, our payment under this coverage shall not exceed the limit of liability shown
on the declarations page. The limit of liability is a percentage of the actual cash value
of the covered auto at the time of the loss.
This coverage applies only if you have purchased both Comprehensive Coverage and
Collision Coverage for that covered auto and the loss is covered under one of those
coverages.
If you have purchased Collision coverage for at least one covered auto under your
policy, and if your pet sustains injury or death while inside a covered auto or non-
owned auto at the time of a loss covered under Collision or Comprehensive coverage,
we will provide:
1. up to $1,000 for reasonable and customary veterinary fees incurred by you, a rela-
tive, or a rated resident if your pet is injured in, or as a direct result of, the covered
loss; or
2. a $1,000 death benefit if your pet dies in, or as a direct result of, the covered loss,
less any payment we made toward veterinary expenses for your pet.
In the event of a covered loss due to the theft of a covered auto or non-owned auto,
we will provide the death benefit provided your pet is inside that auto at the time of the
theft and your pet is not recovered.
ADDITIONAL DEFINITIONS
LIMITS OF LIABILITY
1. The limit of liability for loss to a covered auto, a non-owned auto, a rental auto,
a temporary substitute auto, or custom parts or equipment is the lowest of:
a. the actual cash value of the stolen or damaged property at the time of the loss
reduced by the applicable deductible;
b. the amount necessary to replace the stolen or damaged property reduced by
the applicable deductible;
c. the amount necessary to repair the damaged property to its pre-loss condition
reduced by the applicable deductible; or
d. the Stated Amount shown on the declarations page for that covered auto.
However, the most we will pay for loss to:
a. custom parts or equipment is $1,000 unless you purchased Additional
Form 9611D LA (09/15) 20
Custom Parts or Equipment Coverage (“ACPE”). If you purchased ACPE, the
most we will pay is $1,000 plus the amount of ACPE you purchased.
b. a trailer is the limit of liability shown on the declarations page for that trailer.
If the trailer is not shown on the declarations page, the limit of liability is $500.
2. Payments for loss to a covered auto, a non-owned auto, a rental auto, a tempo-
rary substitute auto, or custom parts or equipment are subject to the following
provisions:
a. If coverage applies to a non-owned auto, a rental auto, a temporary sub-
stitute auto, we will provide the broadest coverage applicable to any covered
auto shown on the declarations page, subject to the following provisions:
(i) the highest deductible on any covered auto shall apply to any non-
owned auto;
(ii) the lowest deductible on any covered auto shall apply to any rental auto;
and
(iii) a temporary substitute auto loaned to you while a covered auto is be-
ing serviced or repaired shall have the same deductible as the covered
auto it is temporarily replacing. If the covered auto that is being temporar-
ily replaced does not have Comprehensive Coverage or Collision Cover-
age, then the lowest deductible on any covered auto shall apply to the
temporary substitute auto.
b. If you have elected a Stated Amount for a covered auto, the Stated Amount
is the most we will pay for all loss to that covered auto, including its custom
parts or equipment.
c. Coverage for custom parts or equipment will not cause our limit of liability
for loss to an auto under this Part IV to be increased to an amount in excess of
the actual cash value of the auto, including its custom parts or equipment.
d. In determining the amount necessary to repair damaged property to its pre-
loss condition, the amount to be paid by us:
(i) will not exceed the prevailing competitive labor rates charged in the area
where the property is to be repaired and the cost of repair or replacement
parts and equipment, as reasonably determined by us; and
(ii) will be based on the cost of repair or replacement parts and equipment
which may be new, reconditioned, remanufactured or used, including, but
not limited to:
(a) original manufacturer parts or equipment; and
(b) nonoriginal manufacturer parts or equipment.
e. To determine the amount necessary to repair or replace the damaged prop-
erty as referred to in subsection 1., the total cost of necessary repair or replace-
ment may be reduced by unrepaired prior damage. Unrepaired prior damage
includes broken, cracked or missing parts; rust; dents; scrapes; gouges; and
peeling paint. The reduction for unrepaired prior damage is the cost of labor,
parts and materials necessary to repair or replace damage, deterioration, de-
fects, or wear and tear on exterior body parts, windshields and other glass,
wheels, and paint, that existed prior to the accident and that is eliminated as a
result of the repair or replacement of property damaged in the loss.
PAYMENT OF LOSS
At our expense, we may return any recovered stolen property to you or to the address
shown on the declarations page, with payment for any damage resulting from the theft.
We may keep all or part of the property at the agreed or appraised value.
We may settle any loss with you or the owner or lienholder of the property.
We will pay for a loss within 30 days after our receipt of satisfactory proof of loss.
NO BENEFIT TO BAILEE
Coverage under this Part IV will not directly or indirectly benefit any carrier or other
bailee for hire.
Payment under this Part IV for a loss to a covered auto will be made according to
your interest and the interest of any lienholder shown on the declarations page or
designated by you. At our option, payment may be made to both jointly, or to either
separately. However, if the covered auto is not a total loss, we may make payment to
you and the repairer of the auto.
If other sources of recovery also cover 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 for a non-owned auto, or trailer not shown
on the declarations page, will be excess over any other collectible source of recovery
including, but not limited to:
1. any coverage provided by the owner of the non-owned auto or trailer;
2. any other applicable physical damage insurance; and
3. any other source of recovery applicable to the loss.
APPRAISAL
If we cannot agree with you on the amount of a loss, then we and you may agree to
an appraisal of the loss. Within 30 days of any agreement for an appraisal, each party
shall appoint a competent appraiser and shall notify the other party of that appraiser’s
identity. The appraisers will determine the amount of loss. If they fail to agree, the dis-
agreement will be submitted to a qualified umpire chosen by the appraisers. If the two
appraisers are unable to agree upon an umpire within 15 days, we or you may request
that a judge of a court of record, in the parish where you reside, select an umpire. The
appraisers and umpire will determine the amount of loss. The amount of loss agreed
to by both appraisers, or by one appraiser and the umpire, will determine the amount
payable under this Part IV, but will not be binding. You will pay your appraiser’s fees
and expenses. We will pay our appraiser’s fees and expenses. All other expenses of
the appraisal, including payment of the umpire if one is selected, will be shared equally
between us and you. Neither we nor you waive any rights under this policy by agreeing
to an appraisal.
Nothing in this provision shall deprive you of your right to bring a court action to recover
any sums due under this policy.
Form 9611D LA (09/15) 23
PART V—ROADSIDE ASSISTANCE COVERAGE
INSURING AGREEMENT
If you pay the premium for this coverage, we will pay for our authorized service represen-
tative to provide the following services when necessary due to a covered emergency:
1. towing of a covered disabled auto to the nearest qualified repair facility; and
2. labor on a covered disabled auto at the place of disablement.
If a covered disabled auto is towed to any place other than the nearest qualified repair
facility, you will be responsible for any additional charges incurred.
ADDITIONAL DEFINITIONS
OTHER INSURANCE
Any coverage provided under this Part V for service rendered by an unauthorized ser-
vice provider will be excess over any other collectible insurance or towing protection
coverage.
For coverage to apply under this policy, you or the person seeking coverage must
promptly report each accident or loss even if you or the person seeking coverage is not
at fault. You or the person seeking coverage must provide us with all accident or loss
information, including time, place, and how the accident or loss happened. You or the
person seeking coverage must also obtain and provide us the names and addresses of
all persons involved in the accident or loss, the names and addresses of any witnesses,
and the license plate numbers of the vehicles involved.
If you or the person seeking coverage cannot identify the owner or operator of a vehicle
involved in the accident, or if theft or vandalism has occurred, you or the person seeking
coverage must notify the police within 24 hours or as soon as practicable.
This policy applies only to accidents and losses occurring during the policy period
shown on the declarations page and that occur within a state, territory or possession
of the United States of America, or a province or territory of Canada, or while a covered
auto, a rental auto, or a temporary substitute auto is being transported between
their ports.
CHANGES
This policy contract, your insurance application (which is made a part of this policy as if
attached hereto), the declarations page, and all endorsements to this policy issued by
us, contain all the agreements between you and us. Subject to the following, the terms
of this policy may not be changed or waived except by an endorsement issued by us.
The premium for this policy is based on information we received from you and other
sources. You agree to cooperate with us in determining if this information is correct and
complete, and to promptly notify us if it changes during the policy period. If this informa-
tion is determined by us to be incorrect, incomplete, or if it changes during the policy
period, you agree that we may adjust your policy information and premium accordingly.
Changes that may result in a premium adjustment are contained in our rates and rules.
These include, but are not limited to, you, a relative, or a rated resident obtaining a
driver’s license or operator’s permit, or changes in:
1. the number, type or use classification of covered autos;
2. the persons who regularly operate a covered auto;
3. the persons of legal driving age residing in your household;
4. the residents in your household;
5. an operator’s marital status;
6. your mailing address and your residence address;
7. the principal garaging address of any covered auto;
8. coverage, deductibles, or limits of liability; or
9. rating territory or discount eligibility.
If you ask us to delete a vehicle from this policy, no coverage will apply to that vehicle
as of the date and time you ask us to delete it.
You must promptly report to us all changes, including additions and deletions, in policy
information. This includes, but is not limited to, changes in:
1. your mailing address or your residence address;
2. the principal garaging address of any covered auto;
3. the residents in your household;
4. the persons of legal driving age residing in your household;
5. the persons who regularly operate a covered auto;
6. an operator’s marital status; or
7. the driver’s license or operator’s permit status of you, a relative, or a rated resident.
SETTLEMENT OF CLAIMS
If any provision of this policy fails to conform to the statutes of the state listed on your
application as your residence, the provision shall be deemed amended to conform to
such statutes. All other provisions shall be given full force and effect. Any disputes as to
the coverages provided or the provisions of this policy shall be governed by the law of
the state listed on your application as your residence.
TRANSFER OF INTEREST
The rights and duties under this policy may not be transferred to another person without
our written consent. However, if a named insured shown on the declarations page
dies, this policy will provide coverage until the end of the policy period for the legal rep-
resentative of the named insured, while acting as such, and for persons covered under
this policy on the date of the named insured’s death.
This policy was issued in reliance upon the information provided on your insurance ap-
plication. We may void this policy if you:
1. made incorrect statements or representations to us with regard to any material fact
or circumstance;
2. concealed or misrepresented any material fact or circumstance; or
3. engaged in fraudulent conduct;
with the intent to deceive us at the time of application.
Any changes we make at your request to this policy after inception will be made in reli-
ance upon information you provide. If you:
1. make incorrect statements or representations to us with regard to any material fact
or circumstance;
2. conceal or misrepresent any material fact or circumstance; or
3. engage in fraudulent conduct;
in connection with a requested change we may void the policy or reform it as it existed
immediately prior to the requested change.
When we have not voided or reformed the policy, we may still deny coverage for an
accident or loss if you, in connection with the policy application, in connection with any
requested change, or at any time during the policy period, have concealed or misrepre-
sented any material fact or circumstance or engaged in fraudulent conduct and that con-
cealment, misrepresentation, or fraudulent conduct was material to a risk we assumed.
We may deny coverage for an accident or loss if you or a person seeking coverage has
concealed or misrepresented any material fact or circumstance, or engaged in fraudu-
lent conduct, in connection with the presentation or settlement of a claim.
In addition to premium, fees may be charged on your policy. We may charge fees for
installment payments, late payments, and other transactions. Payments made on your
policy will be applied first to fees, then to premium due.
CANCELLATION
You may cancel this policy during the policy period by writing us and stating the future
date you wish the cancellation to be effective.
We will give at least 10 days notice of cancellation if the policy is cancelled for nonpay-
ment of premium.
If the premium was not paid because a check, draft, or other remittance was not hon-
ored upon presentment, cancellation shall be effective as of the premium due date. This
means that we will not be liable after the premium due date for any claim, injury, dam-
age, or loss which would otherwise be covered if the check, draft, or other remittance
had been honored. The cancellation shall remain effective unless, within 10 days of the
date the notice of cancellation was mailed, you or your legal representative either:
1. redeem the dishonored check, draft, or other remittance; or
2. present to us a cashier’s check or money order for the full amount of the returned
check, draft, or other remittance.
If the dishonored check, draft, or other remittance is redeemed or replaced within the
prescribed 10 day period, the coverage will be reinstated as of the premium due date.
After this policy is in effect for more than 59 days, or if this is a renewal or continuation
policy, we may cancel only for one or more of the following reasons:
1. nonpayment of premium;
2. material misrepresentation or fraud in the submission of any claim under this policy;
3. loss of driving privileges through suspension, revocation or expiration of motor ve-
hicle registration or an operator’s license issued to you, any driver in your house-
hold, or any regular operator of a covered auto, either during the policy period, or,
if the policy is a renewal, during its policy period or during the 180 days immediately
preceding its effective date;
4. nonreceipt by us of your application after we have issued a binder; or
5. any other reason permitted by law.
Proof of mailing will be sufficient proof of notice. If this policy is cancelled, coverage will
not be provided as of the effective date and time shown in the notice of cancellation. For
purposes of cancellation, this policy is neither severable nor divisible. Any cancellation
will be effective for all coverages for all persons and all vehicles.
CANCELLATION REFUND
Upon cancellation, you may be entitled to a premium refund. However, our making or
offering of a refund is not a condition of cancellation.
If this policy is cancelled, any refund due will be computed on a daily pro rata basis. If
you cancel this policy because we or any of our agents incorrectly stated the premium,
any refund due will be computed on a daily pro rata basis based on the incorrectly
stated premium.
Form 9611D LA (09/15) 29
Any refund due based on cancellation will be mailed within 30 days of cancellation to
the named insured shown on the declarations page at the last known address ap-
pearing in our records. Any such refund will include any interest required by the laws of
Louisiana.
NONRENEWAL
If neither we nor one of our affiliates offers to renew or continue this policy, we will mail
notice of nonrenewal to the named insured shown on the declarations page at the
last known address appearing in our records. Proof of mailing will be sufficient proof of
notice. Notice will be mailed at least 20 days before the end of the policy period.
AUTOMATIC TERMINATION
If we or an affiliate offers to renew or continue this policy and you or your representative
does not accept, this policy will automatically terminate at the end of the current policy
period. Failure to pay the required renewal or continuation premium when due will mean
that you have not accepted our offer.
If you obtain other insurance on a covered auto, any similar insurance provided by this
policy will terminate as to that covered auto on the effective date of the other insurance.
If a covered auto is sold or transferred to someone other than you or a relative, any
insurance provided by this policy will terminate as to that covered auto on the effective
date of the sale or transfer.
A person or organization may bring a suit against us including, but not limited to, a suit
to recover on an agreed settlement or on a final judgment against an insured; however,
we will not be liable for damages that are not payable under the terms of the applicable
coverage or that are in excess of the applicable limit of insurance. An agreed settlement
means a settlement and release of liability signed by us, the insured, and the claimant
or the claimant’s legal representative.
If we retain salvage, we have no duty to preserve or otherwise retain the salvage for any
purpose, including evidence for any civil or criminal proceeding.
We are entitled to the rights of recovery that the insured person to whom payment was
made has against another, to the extent of our payment. That insured person may be
required to sign documents related to the recovery and must do whatever else we re-
quire to help us exercise those recovery rights, and do nothing after an accident or loss
to prejudice those rights. However, our right of recovery is subordinate to the insured
person’s right to full recovery of damages.
Form 9611D LA (09/15) 30
When an insured person has been paid by us and also recovers from another, the
amount recovered will be reimbursed to us to the extent of our payment, after the in-
sured person has been fully compensated for his or her damages. When we are reim-
bursed by an insured person for payments we have made, we are responsible for a pro
rata share of the attorney fees incurred by the insured person in recovering payment
from a liable party. If we are not reimbursed, we may pursue recovery of that amount
directly against that insured person.
Once an insured person has been fully compensated for his or her damages, if that
insured person recovers from another without our written consent, the insured person’s
right to payment under Part II—Medical Payments Coverage or Part IV—Damage To A
Vehicle will no longer exist.
If we elect to exercise our rights of recovery against another, we will also attempt to
recover any deductible incurred by an insured person under this policy unless we are
specifically instructed by that person not to pursue the deductible. We have no obligation
to pursue recovery against another for any loss not covered by this policy.
We reserve the right to compromise or settle the deductible and property damage
claims against the responsible parties for less than the full amount. We also reserve the
right to incur reasonable expenses and attorney fees in pursuit of the recovery.
If the total recovery is less than the total of our payment and the deductible, we will re-
duce reimbursement of the deductible based on the proportion that the actual recovery
bears to the total of our payment and the deductible. A proportionate share of collection
expenses and attorney fees incurred in connection with these recovery efforts will also
reduce reimbursement of the deductible.
BANKRUPTCY
The bankruptcy or insolvency of an insured person will not relieve us of any obligations
under this policy. If execution of a judgment against an insured person for an accident or
injury occurring while this policy is in effect is unsatisfied because of the insolvency or
bankruptcy of the insured person, a person claiming damages recoverable under Part
I—Liability To Others may maintain an action against us for the amount of the judgment
not exceeding our limits of liability under Part I.