MA 10-07-CS140711 (4)CA 71 09 01 06
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL Y.
BUSINESS AUTO ULTRA ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
COVERAGE INDEX
Descriptio n Page
TEMPORARY SUBSTITUTE AUTO PHYSICAL DAMAGE
BROAD FORM INSURED
EMPLOYEES AS INSUREDS
ADDITIONAL INSURED STATUS BY CONTRACT, AGREEMENT OR PERMIT
AMENDED FELLOW EMPLOYEE EXCLUSION
TOWING AND LABOR
PHYSICAL DAMAGE ADDITIONAL TRANSPORTATION EXPENSE COVERAGE
EXTRA EXPENSE - THEFT
RENTAL REIMBURSEMENT AND ADDITIONAL TRANSPORTATION EXPENSE
PERSONAL EFFECTS COVERAGE
AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE
AIRBAG ACCIDENTAL DISCHARGE
AUTO LOAN/LEASE TOTAL LOSS PROTECTION ENDORSEMENT
GLASS REPAIR – DEDUCTIBLE AMENDMENT
AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS
WAIVER OF SUBROGATION REQUIRED BY CONTRACT
UNINTENTIONAL FAILURE TO DISCLOSE
HIRED, LEASED, RENTED OR BORROWED AUTO PHYSICAL DAMAGE
EXTENDED CANCELLATION CONDITION
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The COVERAGE INDEX set forth above is informational only and grants no coverage.
Terms set forth in are likewise for information only and by themselves shall be deemed to grant no
coverage.
B. BROADENED LIABILITY COVERAGESA. TEMPORARY SUBSTITUTE AUTO PHYSICAL
DAMAGE
SECTION II – LIABILITY COVERAGE in Paragraph A.
Coverage at 1. Who Is An Insured is amended to
include the following:
SECTION I – COVERED AUTOS , paragraph C. Certain
Trailers, Mobile Equipment and Temporary
Substitute Autos is amended by adding the following at
the end of the existing language:
d.Any legally incorporated subsidiary in which you
own more than 50% of the voting stock on the
effective date of the Coverage Form. However, the
Named Insured does not include any subsidiary that
is an “insured” under any other automobile policy or
would be an “insured” under such a policy but
for its termination or the exhaustion of its Limit
of Insurance.
If Physical Damage Coverage is provided under this
Coverage form for an “auto” you own, the Physical
Damage coverages provided for that owned “auto” are
extended to any “auto” you do not own while used with
the permission of its owner as a temporary substitute for
the covered “auto” you own that is out of service
because of its breakdown, repair, servicing, “loss”, or
destruction.
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e.Any organization that is acquired or formed by you,
during the term of this policy and over which you
maintain majority ownership. However, the Named
Insured does not include any newly formed or
acquired organization:
C. AMENDED FELLOW EMPLOYEE EXCLUSION
Only with respect to your “employees” who occupy
positions which are supervisory in nature,SECTION II.
LIABILITY B. Exclusion 5. Fellow Employee is
replaced by:(1)That is a joint venture or partnership,
5. Fellow Employee(2)That is an “insured” under any other policy,
“Bodily Injury”:(3)That has exhausted its Limit of Insurance under
any other policy, or (a)To you, or your partners or members (if you
are a partnership or joint venture), or to your
members (if you are a limited liability
company);
(4)180 days or more after its acquisition or
formation by you, unless you have given us
notice of the acquisition or formation.
(b)To your “executive officers” and directors (if
you are an organization other than a
partnership, joint venture, or limited liability
company) but only with respect to
performance of their duties as your officers
or directors;
Coverage does not apply to “bodily injury” or
“property damage” that results from an accident that
occurred before you formed or acquired the
organization.
(c)For which there is an obligation to share
damages with or repay someone else who
must pay damages because of the injury
described in paragraph a and b above; or
f.Any employee of yours while acting in the course of
your business or your personal affairs while using a
covered “auto” you do not own, hire or borrow.
(d)Arising out of his or her providing or failing
to provide professional health care services.
g.Any person or organization whom you are required
to add as an additional insured on this policy under
a written contract or agreement; but the written
contract or agreement must be:
For purposes of this endorsement, a position is deemed
to be supervisory in nature if that person performs
principle work which is substantially different from that
of his or her subordinates and has authority to hire,
transfer, direct, discipline or discharge.(1)Currently in effect or becoming effective during
the term of this policy; and D. BROADENED PHYSICAL DAMAGE COVERAGES
(2)Executed prior to the “bodily injury” or “property
damage”.SECTION III – PHYSICAL DAMAGE COVERAGE
Coverage is amended as follows:The additional insured status will apply only with respect
to your liability for “bodily injury” or “property damage”
which may be imputed to that person(s) or
organization(s) directly arising out of the ownership,
maintenance or use of the covered “autos” at the
location(s) designated, if any.
2. Towing and Labor
We will pay towing and labor costs incurred, up to the
limits shown below, each time a covered “auto”
classified and rated as a private passenger type, “light
truck” or “medium truck” is disabled:Coverage provided by this endorsement will not exceed
the limits of liability required by the written contract or
written agreement even if the limits of liability stated in
the policy exceed those limits. This endorsement shall
not increase the limits stated in Section II. C. Limits of
Insurance.
(a)For private passenger type vehicles or “light
trucks” we will pay up to $75 per
disablement. “Light trucks” have a gross
vehicle weight (GVW) of 10,000 pounds or
less.For any covered “auto” you own this Coverage Form
provides primary coverage.
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(b)For “medium trucks” we will pay up to $150
per disablement. “Medium trucks” have a
gross vehicle weight (GVW) of 10,001 lbs.
to 20,000 pounds.
(2)We will pay only for expenses incurred
during the policy period and beginning 24
hours after the “loss” and ending, regardless
of the policy's expiration, with the lesser of
the following number of days:
However, the labor must be performed at the place of
disablement.(a)The number of days reasonably
required to repair or replace the covered
“auto.” If “loss” is caused by theft, this
number of days is added to the number
of days it takes to locate the covered
“auto” and return it to you, or4. Coverage Extensions
(b)30 days.a. Transportation Expense is amended to
provide the following limits:(3)Our payment is limited to the lesser of the
following amounts:We will pay up to $50 per day to a maximum of
$1,000. All other terms and provisions of this
section remain applicable.(a)Necessary and actual expenses
incurred; or
(b)$35 per day.
The following language is added to 4. Coverage
Extensions:(c)This coverage does not apply while
there are spare or reserve “autos”
available to you for your operations.c. Theft Recovery Expense
(d)If “loss” results from the total theft of a
covered “auto” of the private passenger
or light truck type, we will pay under this
coverage only that amount of your
rental reimbursement expense which
is not already provided for under the
SECTION III – PHYSICAL DAMAGE
COVERAGE, A. Coverage, 4.
Coverage Extensions, a.
Transportation Expenses.
If you have purchased Comprehensive
Coverage on an “auto” that is stolen, we will pay
the expense of returning that stolen auto to you.
The limit for this coverage extension is $5,000.
d. Rental Reimbursement
We will provide Rental Reimbursement and
Additional Expense coverage only for those
Physical Damage coverages for which a
premium is shown in the Declarations or
schedule pages. Coverage applies only to a
covered “auto” of the private passenger or light
truck (10,000 lbs. or less gross vehicle weight)
type for which Physical Damage coverages
apply.
(
e. Personal Effects
If you have purchased Comprehensive
Coverage on this policy for an “auto” you own
and that “auto” is stolen, we will pay, without
application of a deductible, up to $500 for
Personal Effects stolen with the “auto”. The
insurance provided under this provision is
excess over any other collectible insurance. For
this coverage extension, Personal Effects
means tangible property that is worn or carried
by an “insured”. Personal Effects does not
include tools, jewelry, guns, musical
instruments, money, or securities.
(1)We will pay for auto rental expense and the
expense incurred by you because of “loss”
to remove and transfer your materials and
equipment from a covered “auto” to a
covered “auto.” Payment applies in addition
to the otherwise applicable coverage you
have on a covered “auto.” No deductible
applies to this coverage.
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(4)With respect to this coverage, the most we
will pay for all “loss” of audio, visual or data
electronic equipment and any accessories
used with this equipment as a result of any
one “accident” is the lesser of:f. Audio, Visual and Data Electronic
Equipment Coverage.(a)The actual cash value of the damaged
or stolen property as of the time of the
“loss”;We will pay for “loss” to any electronic
equipment that receives or transmits audio,
visual or data signals and that is not designed
solely for the reproduction of sound. This
coverage applies only if the equipment is
permanently installed in a covered “auto” at the
time of the “loss” or the equipment is removable
from a housing unit which is permanently
installed in a covered “auto” at the time of the
“loss”, and such equipment is designed to be
solely operated by use of the power from the
”auto's” electrical system, in or upon the
covered “auto.”
(b)The cost of repairing or replacing the
damaged or stolen property with other
property of like kind and quality; or
$1,000;
minus a deductible of $100.
An adjustment for depreciation and physical
condition will be made in determining actual
cash value at the time of loss. If a repair or
replacement results in better than like kind
or quality, we will not pay for the amount of
the betterment.
(1)We will pay with respect to a covered “auto”
for “loss” to any accessories used with the
electronic equipment described above.
However, this does not include tapes,
records or discs.
If there is other coverage provided for audio,
visual and data electronic equipment, the
coverage provided herein is excess over any
other collectible insurance.
(2)In addition to the exclusions that apply to
Physical Damage Coverage with exception
of the exclusion relating to audio, visual and
data electronic equipment, the following
exclusions also apply:
D. SECTION III – PHYSICAL DAMAGE COVERAGE,
B. Exclusions is amended as follows:
The following language is added to Exclusion 3.:
If you have purchased Comprehensive or Collision
Coverage under this policy, this exclusion does not
apply to mechanical breakdown relating to the
accidental discharge of an air bag. This coverage
applies only to a covered auto you own and is
excess of any other collectible insurance or warranty.
No deductible applies to this coverage.
(3)We will not pay for any electronic
equipment or accessories used with such
electronic equipment that are:
(a)Necessary for the normal operation of
the covered “auto” for the monitoring of
the covered “auto's” operating system;
or
E. AUTO LOAN/LEASE TOTAL LOSS PROTECTION(b)Both:
An integral part of the same unit
housing any sound reproducing
equipment designed solely for the
reproducing of sound if the sound
reproducing equipment is permanently
installed in the covered “auto”; and
SECTION III – PHYSICAL DAMAGE COVERAGE – C.
Limit of Insurance is amended by adding the following
language:
4.In the event of a total “loss” to a covered “auto”
shown in the Schedule pages, subject at the time of
the “loss” to a loan or lease, we will pay any unpaid
amount due on the lease or loan for a covered
“auto” less:
Permanently installed in the opening of
the dash or console normally used by
the manufacturer for the installation of a
radio.
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a.The amount paid under the Physical Damage
Coverage Section of the policy; and
(4)Your members, managers or insurance
manager, if you are a limited liability
company; orb.Any:
(5)Your officials, trustees, board members or
insurance manager, if you are a
not-for-profit organization.
(1)Overdue lease / loan payments at the time
of the “loss’’;
(2)Financial penalties imposed under a lease
for excessive use, abnormal wear and tear
or high mileage;
G. WAIVER OF SUBROGATION REQUIRED BY
CONTRACT
Under SECTION IV ,BUSINESS AUTO
CONDITIONS, A. Loss Conditions 5. Transfer
of Rights of Recovery Against Others to Us
the following language is added:
(3)Security deposits not returned by the lessor;
(4)Costs for extended warranties, Credit Life
Insurance, Health, Accident or Disability
Insurance purchased with the loan or lease;
and However, we waive any rights of recovery we may
have against the person or organization with whom
you have agreed in writing in a contract, agreement
or permit, to provide insurance such as is afforded
under the policy to which this endorsement is
attached. This provision does not apply unless the
written contract or written agreement has been
executed, or permit has been issued, prior to the
“bodily injury” or “property damage.”
(5)Carry-over balances from previous loans or
leases.
(GLASS REPAIR – DEDUCTIBLE AMENDMENT)
Under D., Deductible is amended by adding the
following:
Any deductible shown in the Declarations as
applicable to the covered “auto” will not apply to
glass breakage if the damaged glass is repaired,
rather than replaced.
H. UNINTENTIONAL FAILURE TO DISCLOSE
Under SECTION IV – BUSINESS AUTO
CONDITIONS, Subsection B. General Conditions ,
the following is added to 2. Concealment,
Misrepresentation Or Fraud :F. AMENDED DUTIES IN THE EVENT OF
ACCIDENT, CLAIM, SUIT OR LOSS Your unintentional error in disclosing, or failing to
disclose, any material fact existing at the effective
date of this Coverage Form, or during the policy
period in connection with any additional hazards, will
not prejudice your rights under this Coverage Form.
Under SECTION IV – BUSINESS AUTO CONDITIONS,
Subsection A., Loss Conditions , the following is
added to paragraph 2. Duties In The Event of
Accident, Suit or Loss:
I. HIRED, LEASED, RENTED OR BORROWED
AUTO PHYSICAL DAMAGEd.Knowledge of any “accident,” “claim,” “suit” or
“loss” will be deemed knowledge by you when
notice of such “accident,” “claim,” “suit” or “loss”
has been received by:
Under SECTION IV – BUSINESS AUTO CONDITIONS
B. General Conditions 5. Other Insurance
Paragraph 5.b.is replaced by the following:(1 ) You, if you are an individual;
b. (1)For “Comprehensive” and “Collision” Auto
Physical Damage provided by this endorsement,
the following are deemed to be covered “autos”
you own:
(2)Any partner or insurance manager if you are
a partnership;
(3)An executive officer or insurance manager,
if you are a corporation;(a)Any Covered “auto” you lease, hire, rent or
borrow; and
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(b)Any Covered “auto” hired or rented by your
“employee” under a contract in that
individual “employee's” name, with your
permission, while performing duties related
to the conduct of your business.
(3)This Hired Auto Physical Damage coverage is
excess over any other collectible insurance.
(4)Definitions For This Section
(a)Comprehensive Coverage: from any cause
except the covered “auto's” collision with
another object or the covered “auto's”
overturn. We will pay glass breakage, “loss”
caused by hitting a bird or animal and, “loss”
caused by falling objects or missiles.
However, any “auto” that is leased, hired, rented or
borrowed with a driver is not a covered “auto”
(2)Limit of Insurance For This Section
The most we will pay for any one “loss” is the
lesser of the following:(b)Collision Coverage: caused by the covered
“auto's” collision with another object or by
the covered “auto's” overturn.(a)$50,000 per accident, or
(b)actual cash value at the time of loss, or J. EXTENDED CANCELLATI ON CONDITION
(c)cost of repair.A.Under CANCELLATION,of the COMMON POLICY
CONDITIONS form, item 2.b . is replaced by the
following:minus a $500 deductible. An adjustment for
depreciation and physical condition will be made
in determining actual cash value in the event of
a total loss. No deductible applies to “loss”
caused by fire or lightning.
b.60 days before the effective date of cancellation
if we cancel for any other reason
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