NON-RESIDENT RENTAL VEHICLE POLICY
Commercial Alliance Insurance Company
415 Lockhaven Drive
Houston, Texas 77073
AGREEMENT
This policy is sold to Non-Residents who lease a “Rental Vehicle” for travel within the U.S.A. The
policy provides up to fifteen (15) days of coverage per rental.
This policy only covers auto accidents
which occur in the U.S.A. Auto accidents which occur in Mexico or Canada are not covered under this
policy.
In return for payment of the premium, and subject to all terms and conditions of this policy, we agree as
follows:
PART 1 - LIABILITY COVERAGE
INSURING AGREEMENT
A. We will pay damages for bodily injury or property damage for which an insured under this policy becomes legally responsible due to an auto accident arising out of the use of a “Rental Vehicle.” Property damage includes loss of use of damaged property. Damages include prejudgment interest awarded against an insured. We will settle or defend, as we consider appropriate, any claim or suit seeking these damages. In addition to our limit of liability, we will pay all defense costs we incur. Our duty to settle or defend ends when our limit of liability for coverage has been exhausted. We have no duty to defend if we are not notified of a suit by the insured. B. “An Insured” as used in Part 1 means:
1. You or any family member arising out of the use of any Rental Vehicle while in the U.S.A.
2. Any person using the “Rental Vehicle” you lease. The use must have been permitted by you. C. Time of Accident. This policy applies only to accidents occurring within the policy period. The policy period is listed on the Certificate.
D. “Rental Vehicle.” Only a vehicle you rent or lease for a period not exceeding fifteen (15) consecutive days is covered under this policy. This policy does not provide coverage to any vehicle you actually own.
SUPPLEMENTARY PAYMENTS
In addition to our limit of liability, we will pay on behalf of an insured:
1. Up to $100 for bail bonds required because of an auto accident, including related traffic law violations. The accident must result in bodily injury or property damage covered under this policy.
2. Premiums on appeal bonds and bonds to release attachments in any suit we defend.
3. Interest accruing after judgment is entered in any suit we defend. Our duty to pay interest ends when we offer to pay that part of the judgment that does not exceed our limit of liability.
4. Up to $50 a day for loss of earnings, but not other income, because of attendance at hearings or trials at our request.
5. Other reasonable expenses incurred at our request.
EXCLUSIONS
Liability Coverage under this Part 1, including our duty to defend, does not apply to:
1. An insured who intentionally causes bodily injury or property damage. (This exclusion does not apply to an insured who did not participate in such intentional or expected bodily injury or property damage).
2. Workers Compensation. Bodily injury to an employee of any insured during the course of employment. This policy excludes any obligation which an insured may be or is held liable for under any workers compensation laws.
3. Property Damage. This policy excludes property owned, rented to, used by and/or in the care, custody or control of an insured that is lost or damaged for any reason. This includes any and all personal items in a Rental Vehicle. By way of example only, this policy excludes coverage for losses/damage to such items as luggage, computers, sporting goods, jewelry, money or other items stored and/or in a Rental Vehicle.
4. Handling of Property. Bodily Injury or Property damage resulting from the handling or movement of property by any mechanical device before it is moved from the place where it is accepted by the insured for movement into or onto the Rental Vehicle, or after it is moved from the Rental Vehicle to the place where it is finally delivered by the insured.
5. Bodily injury or property damage arising out of the use of a Rental Vehicle while being used for commercial purposes, to carry persons or property for a fee or compensation, including but not limited to delivery of magazines, food or other products. 6. While employed or engaged in the business or occupation of selling, repairing, servicing, storing, parking, leasing, delivering, repossessing or testing vehicles.
7. Bodily injury or property damage resulting from any pre-arranged or organized racing, speed or demolition contest, stunt activity, or in practice or preparation for such activity.
8. Bodily injury or property damage due to nuclear reaction or radiation.
9. Bodily injury or property damage arising out of the actual, alleged or threatened discharge, dispersal, release or escape of pollutants. (This exclusion does not apply to fuels, lubricants, fluids, exhaust gases or other similar pollutants that are needed to operate a Rental Vehicle, and the actual, alleged or threatened discharge, dispersal, release or escape is caused by an accident). Pollutants means any solid, liquid, gaseous, thermal irritant or contaminant, including, but not limited to, smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 10. Bodily injury or property damage due to war, whether or not declared, or any act or condition incident to war. War includes civil, insurrection rebellion, revolution or terrorist attacks.
11. Bodily injury or property damage arising out of the use of a Rental Vehicle while being engaged in any illegal transportation or trade.
12. Bodily injury or property damage caused by a person using a vehicle without the reasonable belief
that person is entitled to do so. (This exclusion does not apply to you or a family member while using your Rental Vehicle).
13. For any bodily injury and/or property damage caused by an accident which occurs in either Mexico and/or Canada.
14. Any accident arising out of the ownership, maintenance or use of any vehicle you own. This policy only covers Rental Vehicles.
15. You for any accident in the U.S.A. unless you are using a “Rental Vehicle.”
LIMIT OF LIABILITY
A. If you purchase insurance coverage on a Rental Vehicle, this policy will be excess over and above such policy.
If there is no other insurance on the Rental Vehicle, then this policy is primary.
B. There are separate limits of liability for bodily injury and property damage liability as shown in the Certificate. The limit of liability for “each person” for bodily injury liability is our maximum limit of liability for all damages for bodily injury sustained by any one person in any auto accident. Subject to this limit for “each person,” the limit of liability shown in the Certificate for “each accident” for bodily injury liability is our maximum limit of liability for all damages for bodily injury resulting from any auto accident regardless of the number of persons involved. The limit of liability shown in the Certificate for “each accident” for property damage liability is our maximum limit of liability for all damages to all property resulting from any auto accident. These limits are the most we will pay regardless of the number of:
1. Insured persons; 2. Claims made;
3. Vehicles or premiums shown in the Certificate; or
4. Vehicles involved in the auto accident.
C. A vehicle and attached trailer are considered one vehicle. Therefore, the Limits of Liability will not be increased for accidents involving a vehicle with an attached trailer.
OTHER LIBILITY INSURANCE
If there is other applicable liability insurance we will pay only our share of the loss. Our share is the proportion that our limit of liability bears to the total of all applicable limits.
We do not provide liability insurance to you or a family member for the operation, maintenance or use of a vehicle owned by “you.” Liability coverage is only afforded for your use of a Rental Vehicle while in the U.S.A.
PART
2
-
PERSONAL
INJURY
PROTECTION (“PIP”) COVERAGE
INSURING AGREEMENT
A. We will pay Personal Injury Protection (“PIP”) benefits because of bodily injury:
1. Which results from or are caused by an auto accident.
2. That are sustained by an insured.
Our payments will only be for losses or expenses incurred within two (2) years from the date of the accident. For this policy’s PIP coverage to apply, the auto accident must occur while this policy is in force. B. “Insured” or “Insured Person” as used in this Part of the policy means:
1. You or any family member:
a. while occupying a Rental Vehicle; or b. as a pedestrian when struck by a vehicle
provided you are leasing a Rental Vehicle at the time such accident occurs.
2. Any other person while occupying a Rental Vehicle with you or a family member’s permission. C. PIP benefits consist of the following:
1. Medical/Funeral:
Reasonable expenses incurred for necessary medical, surgical, dental or funeral services;
2. Lost Income from Employment/Earnings: a. Eighty (80%) percent of an insured’s loss of
income from his or her employment. For these benefits to apply, the insured must have been employed or earning income in a trade or business at the time of the auto accident. Loss of income benefits cease when an insured dies.
b. “Loss of income” means income the insured would have earned but for the injuries received in the auto accident, less any income actually earned from employment during the period the insured is recovering from bodily injuries caused by an auto accident.
c. If the insured’s income is a salary or fixed amount, such figure shall be used in determining the amount of income lost while the insured is unable to work full-time due
to injuries received in the auto accident. Otherwise, if monthly earnings vary, the average monthly income for the period (not more than twelve months) preceding the accident shall be used.
3. Substitute Services:
Reasonable expenses incurred for obtaining needed services that an insured would have typically performed:
a. On his/her own without pay;
b. During a period when injuries from an auto
accident prevented the insured from doing such services; and
c. Were for the care and maintenance of the family or household.
These benefits only apply if, at the time of the accident, the insured was not an income producer or gainfully employed. This benefit does not apply to any loss after the insured person dies.
EXCLUSIONS
We will not pay PIP benefits for any person for bodily injury sustained:
1. In an auto accident caused intentionally by that person claiming benefits under this policy.
2. While either the driver and/or passengers are in the process of committing a felony.
3. While the driver is attempting to elude lawful apprehension or arrest by a law enforcement official. 4. While occupying or struck by any motor vehicle which is owned by you.
5. While occupying any vehicle other than your Rental Vehicle.
LIMIT OF LIABILITY
The limit of liability shown in the Certificate for “Personal Injury Protection (“PIP”) is the most we will pay in PIP benefits to or on behalf of any insured person for any one accident. Each occupant and the driver are limited to the amount “per person” set forth in the Certificate.
OTHER PIP OR RELATED INSURANCE
If there is other PIP or related insurance, we will pay only our share. Our share is the proportion that our limit of liability (as stated in the Certificate) bears to the total of all applicable limits available per person. Any PIP benefits we provide with respect to an accident other than in a Rental Vehicle shall be excess over any other PIP benefits you collect and/or are eligible for.
OTHER PROVISIONS
A. Original Proof of Loss:
To be eligible for PIP benefits, you must submit an original Proof of Loss to us within six months from the date of accident.
B. Our Right for Reasonable Proof:
We are entitled to reasonable proof of your income and reasonable medical proof of your injury that causes any loss of income or services.
C. Benefit Payments: PIP Benefits are payable:
1. Within thirty (30) days after reasonable proof of the claim is received; and
2. Not more frequently than every two (2) weeks.
ASSIGNMENT OF BENEFITS
Payments for medical expenses will be paid directly to a health care provider if we receive a written assignment signed by the insured to whom such benefits are payable.
PART 3 - UNINSURED/UNDERINSURED
MOTORIST COVERAGE
INSURING AGREEMENT
A. We will pay damages which an insured is legally entitled to recover from the operator or owner of an uninsured motor vehicle for bodily injury sustained by the insured, including property damage caused by an auto accident.
For this coverage to apply, the operator or owners liability to an insured for damages incurred must arise out of the ownership, maintenance or use of an uninsured motor vehicle.
Any judgment for damages arising out of a suit brought without our consent is not binding on us. If there is a dispute on whether a vehicle is uninsured, we have the burden of proof on that issue.
Any accident with an uninsured motor vehicle is covered only if such accident occurred while this policy is in force and you have leased a Rental Vehicle at the time of such accident.
B. Insured or Insured Person as the terms are used in this part of the policy means:
1. You or any family member while occupying or being struck by an uninsured motor vehicle; and/or 2. Any other person occupying your Rental Vehicle if it is involved in an auto accident with an uninsured vehicle.
C. Property damage as used in this Part of the policy means injury to or loss of use of the Rental Vehicle.
D. Uninsured Motor Vehicle
I. Uninsured motor vehicle means a motor vehicle or trailer:
1. Which has no insurance policy or liability bond in force at the time of the accident.
2. Which operator or owner cannot be identified and which strikes:
a. You or a family member while you are a pedestrian and have a current lease on a Rental Vehicle; or
b. The Rental Vehicle you or a family member are occupying.
3. To recover under this Part, if any vehicle causes bodily injury or property damage to an insured, and the owner or operator of such vehicle cannot be identified, actual physical contact must have occurred between the unidentified vehicle and the person or property of the insured.
4. Which has a liability policy or bond, but the insurance carrier or bonding company has become insolvent or denied coverage for the accident.
5. Which is an underinsured motor vehicle. This means a motor vehicle which does have a bond or liability policy in force and provides coverage at the time of the accident, but its’ limits of liability is:
a. Inadequate to pay the full amount of damages an insured is legally entitled to recover; or
b. Has been reduced by payment of claims so that an insured cannot fully recover the damages that such insured is legally entitled to recover.
II. “Uninsured Motor Vehicle” does not include the following type of equipment or motor vehicles:
1. A vehicle owned by you or a family member. 2. Owned or operated by a self-insurer under any valid motor vehicle law.
3. Owned by any government or subdivision thereof unless:
a. The driver of the vehicle is uninsured; and b. There is no statute imposing liability for
damage because of bodily injury or property damage on the government body for an amount not less than the limit of liability for this coverage.
4. Operated on crawler treads or rails.
your vehicle strikes equipment used for off road purposes.
6. While located for use as a residence or premises. 7. The “Rental Vehicle” itself.
EXCLUSIONS
A. This policy does not provide
Uninsured/Underinsured Motorist Coverage:
1. If an insured settles with an uninsured or underinsured motorist without our written consent. 2. If the Rental Vehicle is being used to carry persons or property for a fee.
3. For bodily injury or property damage while operating, occupying or using any vehicle owned by you or a family member.
4. For bodily injury or property damage resulting from intentional acts. The exclusion only applies to that person whose intentional acts caused him or her bodily injury, and/or property damage.
5. Directly or indirectly to benefit any insurer or self-insurer under any workers’ compensation or similar law.
6. For the first $250 of the amount of damage to the property of any one insured as a result of any one accident.
7. To any person operating or occupying the Rental Vehicle without your permission. (This exclusion does not apply to family members as to the Rental Vehicle).
8. For any person operating your Rental Vehicle without a reasonable belief that that such person is entitled to do so. (This exclusion does not apply to you or a family member while using your Rental Vehicle).
9. For bodily injuries or property damage while occupying or using any vehicle other than a Rental Vehicle which you leased/rented.
B. Uninsured/Underinsured Motorist Coverage shall not apply either directly or indirectly to benefit: 1. Any insurer or self-insurer under any workers compensation, disability benefits or similar law. 2. A carrier which insures property.
LIMIT OF LIABILITY
A. Limited to Amounts Set Forth on the Certificate. Our limit of liability shown on the Certificate “per person” is the most we will pay for all bodily injuries incurred by any one person for any one auto accident. Similarly, the limit of liability, on the Certificate for “per accident” for Uninsured/Underinsured Motorist Benefits is the most we will pay for all bodily injuries
for any one auto accident, regardless of the number of persons injured. The limit of liability shown in the Certificate for Property Damage is the most we will pay for all damages to all property caused to any one auto accident.
B. Our Limit of Liability Subject to Payments By Persons Legally Responsible. Subject to the maximum or limits set forth in the Certificate, our limit of liability is the lesser of:
1. The difference between the amount of an insured’s damages for bodily injury or property damage and the amount paid to the insured for damages, by or on behalf of persons who may be legally responsible; and
2. The available limits of liability for this coverage under this policy.
3. Any payment under this coverage to an insured will reduce any amount that the insured is entitled to recover for the same damages under the Liability Coverage or PIP section of this policy.
OTHER UM/UIM INSURANCE
If there is other applicable Uninsured/Underinsured Motorist coverage on the Rental Vehicle, we will only pay our share of any damages. Our share is the proportion that our limit of liability bears to the total limits available.
PART 4 - PROPERTY COVERAGE FOR
YOUR RENTAL VEHICLE
INSURING AGREEMENT
We will pay for loss or damage to a Rental Vehicle caused by either a “collision” or an “Insured Peril” less any applicable deductible shown in the Certificate.
A. “Collision” either means the striking or collision between your Rental Vehicle and any other object or motor vehicle. An overturning or upset of your vehicle is also considered a “collision.”
B. The following perils are covered to the extent of
one or more of these perils cause physical damage to a Rental Vehicle:
1. Hail, water or flood;
2. Malicious mischief or vandalism;
3. Explosion or earthquake;
4. Windstorm;
5. Theft or larceny; 6. Fire; or
EXCLUSIONS
We will not pay for:
1. Loss to a Rental Vehicle while used in a
commercial application to haul persons, property or freight or a fee or charge.
2. Loss or damage to a Rental Vehicle due to:
a. Freezing of parts including the engine and/or transmission;
b. Normal wear and tear;
c. Damage to tires regardless of the reason or cause; and/or
d. Any mechanical or electrical breakdown or failure of your Rental Vehicle unless caused by a collision.
3. Loss due to or as a consequence of:
a. Rebellion, revolution or riot;
b. Civil war or insurrection; and/or
c. War (declared or undeclared).
4. Loss to stereos, radios and other sound
reproducing equipment. This exclusion (4.) does not apply if the equipment is factory installed at the time of the manufacture of your Rental Vehicle.
5. Loss or damage to any of the following:
a. Personal telephones of any type;
b. Citizens band radio; and/or
c. Any device used for detection of radar
or other speed measuring equipment. 6. Loss to any custom furnishings or equipment in or upon any rental pickup or van. Custom furnishings or equipment include but are not limited to:
a. Special carpeting and insulation,
furniture, bars or television receivers;
b. Facilities for cooking and sleeping;
c. Height-extending roofs; or
d. Custom murals, paintings or other
decals or graphics.
This exclusion (6.) does not apply if the value of the custom furnishings or equipment has been reported to us prior to a loss and included in the premium for this coverage.
7. Loss due to or as a consequence of seizure of your Rental Vehicle by federal or state law enforcement officers as evidence in a case against you by any Control-led Substances Act or the Federal Control-led Substances Act if you are convicted in such case.
LIMIT OF LIABILITY
Our Limit of Liability for loss will be the lesser of the:
1. Actual case value of the stolen or damaged
property including the Rental Vehicle itself.
2. Amount necessary to repair or replace the
property or Rental Vehicle with other of like kind and quality; or
3. Amount stated in the Certificate of this policy, if applicable.
Our payment of loss will be reduced by any applicable Deductible shown in the Certificate.
PAYMENT OF LOSS
We may pay for loss in money to repair or replace the damaged Rental Vehicle and/or parts thereof. We may, at our expense, return any stolen property to the owner of the Rental Vehicle.
If we return stolen property we will pay for any damage resulting from the theft. We may keep all or part of the damaged property at an agreed or appraised value.
NO BENEFIT TO BAILEE
Any other insurance carrier or other bailee for hire shall not directly or indirectly benefit by virtue of you having this insurance.
OTHER INSURANCE
A. If other insurance also covers the loss we will pay only our share of the loss. Our share is the proportion that our limit of liability bears to the total of all applicable limits.
B. For any loss to which Uninsured Underinsured Motorist Coverage (from this or any other policy) and this coverage both apply, you may choose the coverage from which damages will be paid.
You may recover under both coverages, provided:
1. No one coverage will cover your loss.
2. You do not have to pay both deductibles, but you
pay the higher of any applicable deductible.
3. You do not recover more than the actual
damages you incurred and/or your legal liability to the Rental Vehicle owner.
APPRAISAL
If we and you (or the Rental Vehicle owner) do not agree on the amount of loss, either may demand an appraisal of the loss. In this event, each party will select a competent appraiser. The two (2) appraisers will select an umpire. The appraisers will state separately the actual cash value and the amount of loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by
any two (2) will be binding. Each Party will:
1. Pay its chosen appraiser; and
2. Bear the expenses of the appraisal and umpire equally.
Neither you (or the Rental Vehicle owner) nor us waive our respective rights under this policy by agreeing to an appraisal.
PART
5
-
POLICY
TERMS
AND
CONDITIONS
(MAY
VARY
PER
APPLICABLE LAWS IN THE STATE
WHERE
THE
AUTO
ACCIDENT
OCCURS)
This policy is intended to cover you for your Rental Vehicle in the U.S.A. Thus we will interpret this policy as follows:
A. If the state where the auto accident occurs has: 1. A financial responsibility or similar law requiring limits of liability for bodily injury or property damage in amounts greater than the limit shown in the Certificate for this policy, this policy will provide the higher limit.
2. A compulsory law requiring a non-resident of the state where the auto accident occurred to maintain certain types of coverages, this policy will provide at least the required minimum amounts and type of coverages.
B. No insured will be entitled to duplicate payments for the same elements of loss.
DUTIES AFTER AN ACCIDENT OR LOSS
A. In the event of an accident, claim, suit or loss, we must be notified promptly of how, when and where the accident or loss happened. Notice should also include the names and addresses of any injured persons and witnesses. If we show that your failure to provide notice prejudices our defense, there is no liability coverage under the policy.
B. A persons seeking any coverage must:
1. Cooperate with us in the investigation, settlement or defense of any claim or suit.
2. Promptly send us copies of all demands, notices, summons, and legal papers received in connection with the accident or loss.
3. Assume no obligation, make no payment and incur no expenses without our consent, except at your own cost.
4. Submit, as often as we reasonably require, to physical exams, at our cost, by physicians we select. 5. Submit, as often as we reasonably require, to an
examination under oath. 6. Authorize us to obtain:
a. Medical reports; and
b. Other pertinent records reasonably related to the accident or injuries being claimed. 7. Submit a proof of loss when required by us. C. Within fifteen (15) business days after we receive your written notice of claim, we must: 1. Acknowledge receipt of the claim. If our acknowledgment is not in writing, we will keep a record of the date, method and content of our acknowledgment.
2. Begin an investigation of the claim.
3. Specify the information you must provide in accordance with paragraph B. above. We may request additional information if while investigating the claim such additional information is necessary. D. After we receive the information we request, we must notify you in writing whether the claim will be paid or denied, or whether more information is needed.
1. Within fifteen (15) business days; or
2. Within thirty (30) business days if we have reason to believe the loss resulted from arson. E. If we do not approve payment of your claim or require more time for processing your claim, we must:
1. Give reasons for denying your claim, or 2. Give reasons we require more time.
We must either approve or deny your claim within forty-five (45) business days after our requesting more time.
F. In the event of a weather-related catastrophe or major natural disaster, the claim-handling deadlines as stated above are extended by an additional thirty (30) days.
G. Loss Payment
1. If we notify you that we will pay all or part of your claim, we must pay within ten (10) business days after we notify you.
2. If payment of all or part of your claim requires the performance of an act by you, we must pay within ten (10) business days after the date you perform the act.
H. Notice of Settlement of Liability Claim.
offer is made to settle a claim against you, we will notify you, in writing, of such offer.
2. We will notify you, in writing, within thirty (30) days of our settlement of any claim being made against you.
POLICY CHANGES
This policy, your application for insurance and endorsements issued by us contains all the agreements between you and us. Subject to the following, its terms and conditions may not be changed or waived except by an endorsement issued by us.
FRAUD OR MISREPRESENTATION
We may deny coverage for any accident or loss if you or an insured person knowingly concealed or misrepresented any material fact or circumstance, or engaged in fraudulent conduct in connection with the presentation or settlement of a claim.
PAYMENT OF PREMIUM
If your initial premium payment is by check, draft or remittance other than cash, coverage under this policy is conditioned upon the check, draft or remittance being honored upon presentment. If the check, draft or remittance is not honored upon presentment, this policy may, at our option, be deemed void from inception. This means that we will not be liable for any claim or damages which would otherwise be covered if the check, draft or remittance had been honored upon presentation. If you tender a check, draft or remittance to us for any full or partial payment of your premium, other than your initial payment, and the check, draft or remittance is returned to us due to insufficient funds, closed account or stop payment, this policy may be cancelled for non-payment of premiums.
LEGAL ACTION AGAINST US
A. No legal action may be brought against us until there has been full compliance with all terms of this policy. In addition, under Liability Coverage, no legal action may be brought against us until we agree in writing that the insured person has an obligation to pay or the amount of that obligation has been finally determined by judgment after trial.
B. No person or organization has any right under this policy to bring us into any action to determine the liability of an insured person.
OUR RIGHT TO RECOVER PAYMENT
A. If we make any payment under this policy and the insured to or from whom payment was made has a right to recover damages from another, we shall be subrogated to that right. That insured shall do whatever is necessary to enable us to exercise our rights and do nothing after loss to prejudice them. B. If we make any payment under this policy and the insured to or from whom payment is made recovers damages from another, that person shall hold in trust for us the proceeds of the recovery and reimburse us to the extent of our payment(s).
POLICY PERIOD AND TERRITORY
A. This policy applies only to accidents and losses which occur during the policy period as shown in the Certificate and within the policy territory.
B. The policy territory is the contiguous forty-eight (48) states of the U.S.A.
TERMINATION
A. Cancellation.
As to Non-Resident Rental policies with a policy term of one (1) year or longer this policy may be canceled during the policy period as follows:
1. You may cancel by:
a. Returning this policy to us; or
b. Giving us advance written notice of the date cancellation is to take effect.
2. We may cancel by mailing notice to you at the address shown in this policy.
3. We may cancel this policy for any of the following reasons:
a. You do not pay any portion of the premium when due; or
b. You submit a fraudulent claim.
Cancellation under this paragraph does not take effect until at least the tenth (10th) day after we mail notice of the cancellation to the insured listed on the Certificate of this policy.
B. Other Termination Provisions.
1. We may deliver any notice instead of mailing it. Proof of mailing of any notice shall be sufficient proof of notice.
2. If this policy is canceled, you may be entitled to a premium refund. If so, we will send you the refund promptly. However, making or offering to make the refund is not a condition of cancellation. Refunds will be made on a pro-rata basis determined by the
number of days the policy was in force.
3. The effective date of cancellation stated in the cancellation notice shall become the end of the policy period.
TRANSFER OF YOUR INTEREST IN THIS POLICY
A. Your rights and duties under this policy may not be assigned without our written consent. However, if the named insured shown in the Certificate of Insurance dies, coverage will be provided to the surviving spouse if resident in the same household at the time of death. Coverage applies to the spouse as if a named insured shown in the Certificate of Insurance.
B. Coverage will be provided until the end of the policy period.
PART 7 - DEFINITIONS
The following definitions apply to the terms used in this policy:
1. “AUTO ACCIDENT,” “VEHICLE
ACCIDENT” or “ACCIDENT” means a sudden,
unexpected, and unintentional event involving one (1) or more land motor vehicles.
2. “Bodily injury” means bodily harm or injury,
including death that result directly from an accident.
3. “Business” includes trade, profession or
occupation.
4. “Business Day” means a day other than a
Saturday, Sunday or holiday recognized by the U.S.A.
5. “Certificate of Insurance” or “Certificate”
means the report from us, listing one or more of the following:
a. The type of coverage you have elected; b. The limit for each coverage;
c. The cost of each coverage;
d. The specified vehicles covered by this policy;
e. The type of coverage for each such vehicle;
f. Other information applicable to this
[Certificate] policy
6. “Family Member” means a person residing in
the same household as you, and related to you by blood, marriage or adoption. “Family member” also includes: (1) a spouse during a period of separation in contemplation of divorce, and (2) a ward, stepchild or foster child. Unmarried dependent children temporarily away from the home will be considered family members if:
a. They are under the age of twenty-five years; b. They intend to continue to reside in your
household; or
c. They are a full time student.
7. “Insured” or “Insured Person” specifically
means, unless otherwise defined in this policy, a permissive user of the Rental Vehicle who is not a family member. Also, for PIP or Uninsured
/Underinsured Motorist benefits, it includes
occupants in a Rental Vehicle.
8. “Loss” means sudden, direct, unexpected and unintentional damage.
9. “Non-Resident” means a citizen of a country
other than the U.S.A.
10. “Occupying” means in, on, entering or exiting a
motor vehicle.
11. “Physical damage” as used in this policy means
damage to the Rental Vehicle itself and includes the cost to repair, fix or replace the Rental Vehicle.
12. “Property damage” means physical damage,
destruction or loss of use of tangible property.
13. “Rental Vehicle” or “Your Rental Vehicle”
means a vehicle which you are not the titled owner of and for which you have entered into a formal written lease/rental agreement. Such rental must only be for your temporary use while you are in the U.S.A. Such rental of any vehicle must not exceed a period of fifteen (15) consecutive days to be considered a “Rental Vehicle” for the purposes of this policy. “Rental Vehicle” is intended to include rental of a vehicle from entities such as Hertz, Avis, National or like rental car companies.
14. “Suit” means a civil proceeding in which
damages because of bodily injury or property damage to which this insurance applies are alleged.
15. “Trailer” means a vehicle designed to be pulled
by a private passenger auto, pickup or van.
It does not include a mobile home, travel trailer or a trailer used as an office, store, restaurant, display or passenger conveyance.
16. “U.S.A.” is an abbreviation for the United States
of America.
17. “USE” means the operation and/or occupying of
a vehicle by you. Its use includes the use of a Rental Vehicle for your transportation needs and purposes.
18. “Vehicle” means a land motor vehicle including
an automobile and which are designed and are required to be registered for travel on public roads. “Vehicle” for purposes of Part 2 (PIP) and Part 3 (UM/UIM Coverage) means a motor vehicle designed for travel on public roads, including trailers and motorcycles.
19. “We,” “Us” and “Our” refer to the company
providing this insurance as shown on the Certificate of Insurance.
20. “You” and “Your” means the person shown as
the named insured on the Certificate along with such person’s spouse, if any.
In Witness whereof, the company has caused this
policy to be executed and attested.
Secretary President
INTENTIONALLY LEFT BLANK
ADDITIONAL COVERAGE
CAIC ASSIST
ROADSIDE ASSISTANCE PROGRAM
Please call 1-888-239-8011 to request service
DECLARATIONS
1. Commercial Alliance Insurance Company’s (“CAIC”) Roadside Assistance Program is included in your Non-Resident Rental Vehicle Policy if the Certificate of Insurance specifies it as INCLUDED and extra premium is paid for it.
2. To request service you must call the toll-free number 1-888-239-8011 while in the U.S.A. This service is available twenty-four (24) hours a day, seven (7) days a week. No coverage is provided in any other country besides the United States.
3. The insured must have a current, valid and paid insurance policy with Commercial Alliance Insurance Company.
4. Only services for the Rental Vehicle(s) listed on the Certificate are eligible for assistance.
SERVICES PROVIDED
1. Commercial Alliance Insurance Company will provide the services listed below during the effective dates of said policy.
2. Policies from one (1) to thirty (30) days of coverage are allowed to only one (1) service per policy period.
3. Policies from thirty-one (31) to three hundred sixty-five (365) days of coverage are allowed two (2) services per policy period.
4. Commercial Alliance Insurance Company will provide service for the following occurrences up to $75 dollars per event:
■ 24-hour dispatch of emergency towing
assistance:
Tow service to the nearest qualified service facility, or to the issuing dealership, or other destination designated by client design.
■ 24-hour dispatch of emergency delivery of
supplies:
Emergency supply of gasoline, oil, fluid and water. The cost of such liquids must be paid by the insured.
■ 24-hour dispatch of flat tire assistance:
Assistance to inflate, repair or replace the flat tire with the Rental Vehicle’s spare tire.
■ 24-hour emergency battery assistance:
Assistance to jump-start the Rental Vehicle.
5. This service is provided in the United States of America to the Rental Vehicle described in the Certificate of CAIC’s Non-Resident Rental Vehicle Policy.
EXCLUSIONS
The following are excluded from coverage: 1. No coverage in Mexico or Canada is provided. 2. All parts, labor and supplies provided while at an auto repair shop or service station, or towing to another location.
3. Replacing damaged tires with new tires.
4. Service is only for the Rental Vehicle described in the Certificate.
5. You must call 1-888-239-8011 to request service, or no coverage is provided.
6. Any taxes or fines.
7. Ambulance services and expenses.
8. Towing at the direction of law enforcement officer relating to traffic obstruction or abandonment, etc.
9. No service will be provided for emergencies caused as a result of the use of alcohol, drugs and other narcotics.
10. No service is will be provided for emergencies caused by persons using a Rental Vehicle without the reasonable belief that person is entitled to do so. 11. No reimbursement applies. We will pay the service providers.
