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Travis Laney DBA TJ Laney Trucking CC1703195 - AL Policy (TN)
Travis Laney DBA TJ Laney Trucking CC1703195 - AL Policy (TN)
13. The Insured understands and acknowledges that the Insurer conducts its business activities, including underwriting, risk management and
claims services within the State of Utah. The Insured represents and acknowledges that the Insured has purposefully directed its actions
to procure the insurance services of the Insurer within the State of Utah and, for that purpose, will make continuous and systematic
requests for the Insurer’s services in the State of Utah. The Insured acknowledges that, by entering into this policy of insurance, the
Insured is deemed to be transacting business within the State of Utah such that the courts of Utah may exercise jurisdiction over it regarding
any issues arising out of this Policy. In addition, the Insured hereby understands and consents to the jurisdiction of the courts in the State
of Utah and agrees that those courts shall be the exclusive forum for the resolution of any claims or disputes arising between the parties related
to any insurance coverage issues and any payments due the Insured under the Policy, unless both the Insurer and Insured agree
otherwise in writing.
14. By signing below the Applicant acknowledges that municipal, state, federal or other law may require higher or otherwise different limits of
liability coverage than have been offered. The Applicant further accepts responsibility for obtaining additional insurance or self-insuring to
fulfill the requirements of the law.
Dated: /d1
Travis Laney
T J Laney Trucking
248 Dean Archer Rd
Jonesborough, TN 37659
We are enclosing your Insurance Policy, as well as a Policy Receipt which must be signed and retured to us
within the next 10 days in order to keep your policy in effect.
As you may already be aware, Prime is a specialty insurance market providing customized coverages to meet
the needs of our clients for their HOME, WORK and PLAY activities. In many cases, our clients are unable to
obtain the coverage they require from other markets and we are pleased to be able to provide a range of insurance
solutions and options. In order to do this effectively, we look for long-term partnerships with our Insured as we have
for over 30 years. This means that when we extend coverage, possibly when no other carrier is willing or able to
do so, we, in return, require our Insureds to be good partners to us. We require, for example, our Insured partners
to follow all the terms and conditions, including all reporting requirements, of the policy during its entire term and
during the pendency of any claims or lawsuits. We also require that our insured disclose and report to us any and
all changes in operations, operators, and equipment (including any and all vehicles and drivers, if applicable), during
the entire coverage period. Unlike other insurers, Prime takes this Partnership Approach very seriously and seek
and expects full cooperation from its partners in all respects.
In addition to reading your policy and signing and returning the Policy Receipt Form to us within the next 10
days, our in-house Risk Management Department, (“RMD”), will be telephoning you to conduct a mandatory Risk
Management discussion which takes approximately 30 minutes. This is a key aspect of the insuring process at
Prime. If this required RMD call is something you would like to be proactive about, you are also welcome to initiate
the call at your convenience by calling us TOLL FREE at 1-877-585-2851. In this way, you can complete this
particular requirement of ongoing coverage sooner and at your convenience.
We appreciate the opportunity to be your partner and look forward to your completion of these necessary additional
next steps. Please use the enclosed contact information to reach out to us at any time to discuss any changes in
your operations or insurance needs, to report or discuss incidents or claims, to discuss risk management issues, or
for any other reason.
We also work with thousands of insurance agents and brokers across the country and would be happy to include an
agent or broker of your choice in any conversation if you wish.
Thank you!
Carmen Anderson
Prime Insurance Company
Contract & Policy Services
Phone: (800) 257-5590 Ext. 5010
Fax: (877) 452-6910
Email: policyservices@primeis.com
THIS INSURANCE POLICY (the “Policy”) is being issued by an Insurer that may not be licensed by the state insurance department in
this state and may not be subject to this state's supervision and may not be protected in the event of the insolvency of the insurer
by this state's guaranty or security fund. This Policy issued may not be subject to any or all of the regulations of this state's
insurance department pertaining to Policy form.
Policy Period: From Effective Date: 3/1/2017 To Expiration Date: 3/1/2018 Retroactive Date: 3/1/2017
(All dates (12:01 a.m.) of the physical address of the Insured.)
Policy Premium:
Premium: $14,563.00
Insurer Inspection/Policy Fee: $350.00
Surplus Lines Broker Fee $0.00
State Tax: $745.65
SLSC: $26.10
Total: $15,684.75
Endorsements and forms afforded to this policy: PAP-99-06, PCA-99-07, PCA-99-03, PCA-00-02, PAP-99-07 PAP-99-37, CA 21
02 11 06, CA 21 07 12 93, CA 21 20 10 13, MCS-90
"This insurance policy is being issued by an insurer that may not be licensed by the state insurance department in this state and may not be
subject to this state's supervision and may not be protected in the event of the insolvency of the insurer by this state's guaranty or security fund.
This policy issued may not be subject to any or all of the regulations of this state's insurance department pertaining to policy form."
PAP-99-06
This Endorsement changes the terms and conditions of the Policy issued. Please read it carefully!
Pursuant to a statute of any state of the United States which makes provision therefore, Prime Insurance
Company hereby designates the Superintendent, Commissioner or Director of Insurance, or other officer specified
for the purpose in the statute, as its true and lawful attorney for the purpose of accepting service of process of any
suit instituted by or on behalf of the Insured.
This Endorsement applies solely to service of process and does not modify any forum selection or choice of law
provisions contained in the Policy.
This Policy provides coverage only for Scheduled Autos while operating within the Radius indicated above. No Scheduled Auto is covered beyond its scheduled
Radius.
For this Endorsement:
“Radius” means the distance measured from the garaged location indicated on the Automobile Schedule for each covered Auto.
Any non-owned trailers scheduled on this Endorsement must be attached to a scheduled power unit for coverage to apply.
(1) If the “box” in this “Liability” section is filled with a checkmark, liability coverage has been requested and the associated additional premium paid.
(2) If a value is indicated in this “Physical Damage/Stated Value” section, Physical Damage coverage for the Scheduled Auto has been requested and the
associated additional premium paid.If there is no value indicated, there is no Physical Damage coverage for the Scheduled Auto.
(3) Cargo/On Hook coverage applies only to Scheduled Autos for the limit indicated in this “On Hook” section.
PCA–99–03
This Endorsement changes the terms and conditions of the Policy issued. Please read it carefully!
No Coverage shall be provided under this Policy for any covered Auto which is being used or operated by anyone other
than the driver(s) or operator(s) scheduled on this Policy. The Insured hereby warrants that each and every person
scheduled on this Policy below is over the age of 23 and under the age of 65, unless otherwise authorized by an
underwriter and scheduled on the Policy.
New drivers and operators will not be added to this Policy until provided the Insured provides in writing the driver’s
name, date of birth, and driver’s license number to the Insurer. Acceptance by Insurer is subject to underwriting
approval and may require additional premium.
PCA–00–02
THIS COMMERCIAL BUSINESS AUTO INSURANCE POLICY (“Policy”) differs significantly from policies of
other insurers. It is a manuscript policy with very strict reporting requirements. Please read the Policy to
determine what is and what is not covered. The “application” and “warranty-prior claims” forms
constitute warranties.
(1) Which are first made against you during the Policy Period or made within 12 months of the date of
Loss, but in no event more than 365 days after the expiration of the Policy Period; and
(2) Which result from an Accident occurring during the Policy Period; and
(3) For which written notice is given to the Insurer during the Policy Period. An otherwise covered
Claim shall not be impaired by virtue of the Insured’s failure to report a Claim timely. However,
nothing contained herein shall alter the Insured’s obligation to report the Claim under the terms of
this Policy.
In addition, coverage is strictly limited to those Autos and drivers and at those locations listed and
described as set forth in this Policy and any endorsements thereto. Various other provisions of this
Policy restrict and limit the coverage provided.
Claim Expenses reduce the available Limits of Liability stated in the Definitions Section below.
Throughout the Policy and any Endorsements the words “you,” “your,” “Insured,” and “Named Insured”
refer to the Insured named on the Declarations Page and any person or organization qualifying as an
Insured under Section II of the Policy. The words “we,” “us,” “our,” “Insurer,” and “Company” refer to
the insurance company providing this Policy.
The terms of this Policy are contractual and not merely recitals, and the Policy shall be construed as a
whole, including all paragraphs, sections, conditions, provisions, exclusions, and Endorsements.
A. Schedule of Covered Autos identifies the Autos that are covered Autos for each of your coverages. Autos
must be listed with an associated premium shown for each Auto on the Endorsement for coverage to be
afforded.
An Auto you acquire after the coverage Effective Date will be a covered Auto under this Policy, only if:
1. It replaces an Auto you previously owned that was a covered Auto under this Policy or is an additional
Auto; and
2. You inform us within two days after you acquire the Auto that you want us to cover it under the Policy.
The following types of vehicles are covered Autos for liability coverage:
1. Trailers primarily for travel on public roads while being towed by a covered Auto; and
2. Any other person who has permission to operate a scheduled and covered Auto.
A. Insuring Agreement
1. Subject to the Deductible for which the Insured is responsible, and all other terms and conditions of this
Policy, we will pay all sums the Insured becomes legally obligated to pay as Damages because of Bodily
Injury or Property Damage to which this Policy applies, caused by an Accident and resulting from the
ownership, maintenance, or use of a covered Auto, if:
a. The Accident occurs during the Policy Period stated on the Declarations Page; and
b. The Accident occurs within the United States of America and Canada; and
c. If the Claim arising out of the Accident is first made against you and reported to us in writing during
the Policy Period or within the extended reporting period authorized herein.
2. We have both the right and the duty to provide for your defense with respect to a Claim covered by this
Policy. We have the exclusive right to designate and appoint legal counsel to represent you and to
otherwise control such defense. Notwithstanding anything to the contrary, our duty to provide for such
defense will immediately terminate:
a. When the applicable Limit of Liability of the Policy is exhausted by payment of Damages and/ or
Claim Expenses;
3. We shall have the sole right, but not the duty, under this Policy to settle those covered Claims for which
the proposed amount to be paid as Damages does not exceed the applicable limit of liability. Any such
settlement will be binding upon the Insured and will not require the Insured’s prior consent or ratification.
Such a settlement will not affect your duty to make timely payment of any applicable Deductible.
B. Exclusions
1. Any obligation for which the Insured or the Insured’s Insurer may be held liable under any workers
compensation, disability benefits, or unemployment compensation law or any similar law.
2. Bodily Injury to any fellow employee of the Insured arising out of and in the course of such employee’s
employment or while performing duties related to the conduct of your business.
b. The spouse, child, parent, brother, or sister of such any Insuredas a consequence of Bodily Injury to
any insured.
a. Whether or not the Insured may be liable as an employer or in any other capacity; and
b. To any obligation to share Damages with, or repay someone else who must pay Damages because
of the injury, including Damages awarded for contribution or indemnity.
a. Employment policies or practices of an Insured including, but not limited to, discrimination,
termination, discharge, or harassment; or
5. Property Damage to property owned or transported by or in the care, custody, or control of the Insured, or
property loaned to you.
a. Before it is moved from the place where it is accepted by the Insured for movement into or onto the
covered Auto; or
b. After it is moved from the covered Auto to the place where it is finally delivered by the Insured.
7. Bodily Injury or Property Damage resulting from the movement of property by a mechanical device (other
than a hand truck) unless the device is attached to the covered Auto.
8. Claims for Bodily Injury or Property Damage caused directly or indirectly by war, whether or not declared,
and including but not limited to civil war, insurrection, rebellion, revolution, warlike act by a military force
or military personnel, destruction or seizure or use for a military purpose, and any consequence, whether
direct or indirect of any of these, or from any act of terrorism.
10. Bodily Injury or Property Damage arising out of the acts of an Insured’s employee or agent outside the
scope of his or her employment or duties.
11. Bodily Injury or Property Damage arising out of the willful violation of a penal statute or ordinance.
12. Bodily Injury or Property Damage expected or intended from the standpoint of any Insured.
a. Bodily Injury or Property Damage arising out of the actual, alleged, or threatened discharge,
dispersal, seepage, migration, release, or escape of pollutants at anytime.
(1) Request, demand, or order (including consent decrees, consent orders, or administrative
procedures) that any Insured or others test for, monitor, clean up, remove, contain, treat, detoxify
or neutralize, or in any way respond to, or assess the effects of Pollutants; or
(2) Any Claim or Suit by or on behalf of any person for Damages because of testing for, monitoring,
cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding
to, or assessing the effects of Pollutants.
Pollutants mean any solid, liquid, gaseous, or thermal irritant or contaminant including smoke, vapor,
soot, fumes, acid, alkalis, chemicals, and waste. Waste includes material to be recycled,
reconditioned, or reclaimed.
14. Liability assumed under any contract or agreement, but this exclusion does not apply to liability for
Damages that the Insured would have in the absence of the contract or agreement.
15. Covered Autos while used in any professional or organized racing or demolition contest or stunting
activity, while practicing for such contest or activity, or while being prepared for such a contest or activity.
a. Any sums which any Insured becomes legally obligated to pay as Damages because of Bodily Injury,
Property Damage, Personal Injury, Advertising Injury, or medical payments directly or indirectly
relating to the actual, potential, alleged, or threatened presence of mold, mildew, or fungi of any kind
whatsoever, or any materials containing them at anytime.
(1) Any Insured or any other person or organization may incur in testing for, monitoring, removing,
treating, or in any way responding to the actual, potential, alleged, or threatened presence of
mold, mildew, or fungi of any kind whatsoever, or any materials containing them, whether as a
result of a request, demand, statutory, or regulatory requirement or otherwise; or
(2) Any Insured or any other person or organization may incur in connection with any Claim or Suit
on behalf of any governmental authority or any person or organization relating to the actual,
potential, alleged, or threatened presence of mold, mildew, or fungi of any kind whatsoever, or
any materials containing them.
17. No coverage shall be provided under this Policy for any covered Auto that is being used by anyone under
the influence of alcohol, other intoxicants, controlled substances, or narcotics, unless administered by the
advice of a physician. If for any reason a court of competent jurisdiction determines this Policy provides
liability for a covered Auto that is being used by anyone under the influence of alcohol, other intoxicants,
controlled substances, or narcotics, then the Insurer has the right to amend and reduce the liability limits
identified on the Insured’s Declarations Page to the amount of $50,000. The Insurer has the right to
recompute the premium charged for such coverage.
A. The Limits of Liability shown on the Declarations Page and the conditions set forth below fix the most we will
pay regardless of the number of:
1. Insureds;
B. The Each Accident Limit of Liability listed on the Declarations Page is the most we will pay for Damages
and/or Claim Expenses because of all Bodily Injury and Property Damage arising out of any one Accident.
Claim Expenses reduce the available limit of liability, but, in no event, shall claims expenses reduce the
available limit of liability below the statutory minimum coverage required by law.
C. The Per Person Limit of Liability listed on the Declarations Page is the most we will pay for Damages and/or
Claim Expenses because of all Bodily Injury and Property Damage sustained by any one person arising out of
any one Accident. Claim Expenses reduce the available limit of liability, but, in no event, shall claims
expenses reduce the available limit of liability below the statutory minimum coverage required by law.
D. Notwithstanding anything contained in this Policy to the contrary, the Insurer’s financial obligation imposed
by the coverage with respect to all Claims hereunder shall not exceed the amount specified on the
Declarations Page as the Aggregate Limit of Liability.
E. Such amounts payable under B and C above shall directly diminish the respective Limits of Liability as stated
on the Declarations Page.
If premium is paid and shown on the Declarations Page for physical damage coverage:
a. Comprehensive Coverage
Caused by:
(2) Theft;
(4) Flood;
(6) The sinking, burning, collision, or derailment of any conveyance transporting the covered Auto.
c. Collision Coverage
Caused by:
2. If you carry Comprehensive Coverage for the damaged covered Auto, we will pay for glass breakage
under Comprehensive Coverage. However, you have the option of having glass breakage caused by a
covered Auto’s collision or overturn considered a Loss under Collision Coverage.
We will not pay a greater share of any Loss than the proportion that the Stated Value of each insured
Auto, described in the Schedule, bears to the actual cash value of the respective Auto at the time of Loss.
Coverage of the Loss will be reduced, as a coinsurance penalty, by the same proportion that the Stated
Value of the Auto involved in the Loss has to the full actual cash value of such Auto. Each item or Auto
on the Schedule is deemed to be separately insured. In order to avoid a coinsurance penalty in the event
of a Claim, this clause requires that each Auto be 100 percent insured to its respective actual cash value.
1. We will not pay for Loss caused by or resulting from any of the following. (Such Loss is excluded
regardless of any other cause or event that contributes concurrently or in any sequence to the Loss):
a. Nuclear hazard
It is agreed that this insurance excludes Loss, Damage, cost, or expense of whatsoever nature
directly or indirectly caused by, resulting from, or in connection with any of the following regardless of
any other cause or event contributing concurrently or in any other sequence to the Loss;
(1) War, invasion, acts of foreign enemies, hostilities, or warlike operations (whether war be declared
or not), civil war, rebellion revolution, insurrection, civil commotion assuming the proportions of or
amounting to an uprising, military, or usurped power; or
For the purpose of this exclusion an act of terrorism means an act, including but not limited to the use
of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting
alone or on behalf of or in connection with any organization(s) or government(s), committed for
political, religious, ideological, or similar purposes including the intention to influence any government
and/or to put the public, or any section of the public, in fear.
This exclusion also excludes Loss, Damage, cost, or expense of whatsoever nature directly or
indirectly caused by, resulting from or in connection with any action taken in controlling, preventing,
suppressing, or in any way relating to subparagraphs (1) and/or (2) above.
If the Company alleges that by reason of this exclusion, any Loss, Damage, cost, or expense is not
covered by this insurance the burden of proving the contrary shall be upon the Insured.
In the event any portion of this exclusion is found to be invalid or unenforceable, the remainder shall
remain in full force and effect.
a. Tapes, records, discs, or other similar audio, visual, or data electronic devices designed for use with
audio, visual, or data electronic devices;
b. Any device designed or used to detect speed-measuring equipment such as radar or laser detectors
and any jamming apparatus intended to elude or disrupt speed measurement equipment;
c. Any electronic equipment, without regard to whether this equipment is permanently installed, that
receives or transmits audio, visual, or data signals that is not designed solely for the reproduction of
sound; or
d. Any accessories used with the electronic equipment described in paragraph c. above.
(1) Equipment designed solely for the reproduction of sound and accessories used with such
equipment, provided such equipment is permanently installed in the covered Auto at the time of
the Loss, or such equipment is removable from a housing unit which is permanently installed in
the covered Auto at the time of 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; or
(a) Necessary for the normal operation of the covered Auto or the monitoring of the covered
Auto’s operating system; or
(b) An integral part of the same unit housing any sound reproducing equipment described in a.
above and permanently installed in the opening of the dash or console of the covered Auto
normally used by the manufacturer for installation of a radio.
We will not pay for any Loss or Damage involving in any way the actual or potential presence of mold,
mildew, or fungi of any kind whatsoever, whether or not directly or indirectly caused by or resulting from
any peril insured under this Policy.
C. Limit of Insurance
The most we will pay for Loss in any one Accident is the lesser of:
1. The actual cash value of the damaged or stolen property as of the time of the Loss; or
2. The cost of repairing or replacing the damaged or stolen property with other property of like kind and
quality.
D. Deductible
For each covered Auto, our obligation to pay for, repair, return, or replace damaged or stolen property will be
reduced by the applicable Deductible shown on the Declarations Page.
We have no duty to provide coverage under this Policy unless there has been full compliance with the
following duties:
1. In the event of an Accident or any occurrence, event, or incident likely to give rise to a Claim under this
Policy, or a Claim, or Suit, you must give us written notice within 14 days. Notice within 14 days is a
condition precedent to coverage under this Policy. Notice must be sent to Claims Direct Access (“CDA”),
P.O. Box 4439, Sandy, UT 84091-4439, U.S.A.; Toll-free telephone (877) 585-2849, Fax (877) 452-6909.
Notice to the broker and/or agent does not comply with this requirement of the Policy.
b. The names and addresses of any injured persons and witnesses; and
c. The nature and location of any injury or Damage arising out of the Accident.
a. Immediately send us copies of any request, demand, order, notice, summons, or legal paper received
concerning the Claim or Suit;
b. Cooperate with us in the investigation or settlement of the Claim or defense against the Suit;
3. If there is a covered Loss to a covered Auto or its equipment, you must also do the following:
a. Promptly notify the police if the covered Auto or any of its equipment is stolen;
b. Take all reasonable steps to protect the covered Auto from further damage and keep a record of
expenses for consideration in the settlement of the Claim;
c. Permit us to inspect the covered Auto and records proving the Loss before its repair or disposition;
and
d. Agree to examinations under oath at our request and provide us a signed statement of your answers.
4. No insured will make any payment or incur any expense, except at its own cost, without our prior written
consent.
No person or entity may bring a legal action against us under this Policy until:
1. The Insured has fully complied with all of the terms of this Policy; and
If the Insured and the Insurer disagree on the value of the Auto or the amount of Loss, either may make
written demand for an appraisal of the value of the Auto or the amount of Loss. In this event, each party has
the option to either:
2. Use as their appraiser, the adjuster or other party they initially retained to adjust the Loss.
The two appraisers will select an umpire. If they cannot agree on the selection of the umpire, either may
request that a judge of a court having jurisdiction make the selection. The appraisers will determine
separately the value of the Auto or the amount of Loss. If the appraisers submit a written report of an
agreement to us, the amount agreed upon will be the amount of Loss. If they fail to agree, they will submit
their differences to the umpire. The decision of the umpire may be reviewed in accordance with law by a
court of competent jurisdiction.
2. Return the stolen property, at our expense, and pay for any Damage that results to the Auto from theft; or
3. Take all or any part of the damaged or stolen property at an agreed or appraised value.
If any person or organization to or for whom we make payment under this Policy has rights to recover
Damages from another, those rights are transferred to us. That person or organization must do everything
necessary to secure our rights and must do nothing after Accident or Loss to impair them.
All claim settlement costs, defense costs, and related costs (“Claim Expenses”) are included expenses within
the maximum Limit of Liability shown on the Insured’s Declarations Page, and not in addition to such
maximum Limit of Liability. However, in no event shall Claim Expenses reduce the Limit of Liability shown on
the Insured’s Declarations Page to a sum less than the statutory minimum limits provided by law. The
maximum Limit of Liability applies to a total sum which the Insured, or the Insurer, become legally obligated to
pay by reason of any injury or damage for which coverage is provided by the Policy, including any
supplementary payment either through adjudication or compromise, and shall also include any hospital,
medical, or funeral charges, and sums paid or payable as salaries, wages, compensation, fee charges,
interest, or expenses for doctors, nurses, investigators, attorneys, and other persons, relating to any
settlement, adjustment, investigation, or defenses of any Claim. Claim Expenses shall not include any
charges for the Insurer’s personnel salary or any part of the normal operating overhead of the Insurer.
A. Other Insurance
1. If other valid and collectible insurance is available to an insured for a Loss covered under this Policy then:
a. This Coverage is excess over any other insurance, whether primary, excess, or contingent on the
existence, collectibility, or recoverability of any other insurance, or on any other basis.
b. We will have no duty to defend any Claim or Suit. If other Insurers provide any concurrent coverage
but decline to provide indemnity or defense, we may undertake at our discretion to do so. However,
we will in that case be entitled to assignment of the Insured’s legal rights against the other carriers.
2. When both this insurance and other insurance, whether primary, excess or contingent, or on any other
basis, apply to the Loss on the same basis, we shall not be liable under this Policy for a greater
proportion of the Loss than that stated in the applicable contribution provision below:
a. Contribution by Equal Shares – If all such other insurance provides for contribution by equal shares,
we shall not be liable for a greater proportion of such Loss than that which would be payable if each
Insurer or self-insured entity contributes an equal share until the share of each Insurer or self-insured
entity equals the lowest applicable limit of liability under any one Policy, or the full amount of the Loss
is paid. With respect to any amount of the Loss not so paid, the remaining insurers will then contribute
an equal share of the remaining amount of the Loss until each such insurer has paid its limit in full or
the full amount of the Loss is paid.
b. Contribution by Limits – If all such other insurance does not provide for contribution by equal shares,
the Insurer shall not be liable for a greater proportion of such Loss than the applicable limit of liability
under this Policy bears to the total applicable limit of liability of all other valid and collectible insurance
applicable to such Loss.
3. Two or more Policies issued by us - If this Policy and any other Policy or coverage contract issued to you
by us or any company affiliated with us apply to the same Accident, the aggregate maximum limit of
liability under all of the policies and coverage contracts shall not exceed the highest applicable limit of
liability under any one Policy or coverage contract. This condition does not apply to any Policy or
coverage contract issued by us or an affiliated company specifically to apply as excess insurance over
this Policy.
B. Bankruptcy
Bankruptcy or insolvency of the Insured or the Insured’s estate does not relieve us of any obligations under
this Policy.
This Policy is void in the case of fraud by you at anytime as it relates to this Policy. It is also void if you or any
other insured at anytime make a material misrepresentation or warranty with the intent to deceive.
We will not recognize any assignment or grant any coverage for the benefit of any person or organization
holding, storing, or transporting property for a fee regardless of any other provision of this Policy.
E. Insured’s Representation
1. The statements on the Declarations Page, attached Application, and any Supplemental Questionnaire for
coverage are accurate and complete;
3. We have issued this Policy in reliance upon the submitted Application and Supplemental Questionnaire;
and
F. Premium Audit
The estimated premium for this Policy is based on the exposures you told us you would have when this Policy
began. We will compute the final premium due when we determine your actual exposures. The estimated total
premium will be credited against the final premium due and you will be billed for the balance, if any. If the
estimated total premium exceeds the final premium due, you will get a refund.
1. During the Policy Period shown on the Declarations Page for which Claims are first made against you
during the Policy Period or any extended reporting period we may provide; and
A. Non-assignable
The interest of the Insured under this Policy cannot be assigned without the prior written consent of the
Insurer.
B. Cancellation
1. The Insured shown on the Declarations Page may cancel this Policy by mailing its request to cancel to
the Insurer.
2. The Insurer may cancel this Policy by mailing first class or by hand delivery to the Insured written notice
of cancellation at least:
a. 20 days before the effective date of cancellation, if we cancel for nonpayment of the premium or your
failure to pay any sum due to Insurer; or
b. 30 days before the effective date of cancellation, if we cancel for any other reasons.
3. The Insurer will mail or deliver any notice of cancellation to the Insured’s last mailing address known to
us.
4. Notice of cancellation will state the effective date of cancellation and the Policy period will end on the
stated date.
5. If this Policy is canceled, the refund will be short-rate. The premium will be fully earned in the event of a
Loss that exceeds the premium amount shown on the Declarations Page. The cancellation will be
effective even if we have not made or offered a refund.
6. If notice is mailed, a prepaid proof of mailing is sufficient proof of notice to the Insured. Notice deposited
in the mail in the manner described above shall be effective when so deposited.
C. Changes
This Policy contains all of the agreements between you and us concerning the coverage provided by the
Policy, except as may be identified by endorsement to this Policy. The coverage terms can be amended or
waived only by endorsement issued by us and made a part of the Declarations Page. Notice to any agent,
broker, service provider, or any knowledge possessed by any agent, broker, or service provider, or by any
other person, shall not effect, waive, or change any part of the coverage provided the Insured or preclude the
Insurer and/or the Insurance Company from asserting any right under the terms of the Policy.
SECTION IX — DEFINITIONS
A. “Accident” means an incident, event, or circumstance which is unexpected or unintended from the standpoint
of any Insured.
B. “Auto” means a land motorized vehicle, a trailer, or semi-trailer designated for travel on public roads.
C. “Bodily Injury” means physical injury to a person's body, including death, but shall exclude:
2. Mental or emotional distress, mental anguish, humiliation, embarrassment, mental anxiety, or other
emotional, psychological, or mental injury, or any physical manifestation thereof.
D. “Claim” means any written notice to any Insured from any person that asserts that the Insured should pay that
person’s expenses or Losses resulting from Bodily Injury or Property Damage.
E. “Claim Expenses” means fees, costs, and expenses incurred in the investigation, adjustment, and defense of
a Claim.
F. “Claims Reporting Period” means the period of time during which a Claim must be reported to us. Please see
the Claims Reporting Period Endorsement, forming a part of this Policy which specifies the Claims Reporting
Period provided by this Policy.
G. “Damages” means any monetary judgment, award, or settlement, but does not include fines or statutory
penalties, sanctions, whether imposed by law or otherwise, punitive, exemplary, or treble Damages, or any
multiplied portion of a compensatory award, or the return or restitution of legal fees, costs, or expenses.
H. “Limit(s) of Liability” means the maximum amount the Insurer will be obligated to pay for an otherwise covered
Claim, including payment for Claim Expenses, Damages, or any other sums due under this Policy, the
amount of which is set forth on the Declarations Page.
J. “Personal Injury” means injury, other than Bodily Injury, arising out of one or more of the following offenses:
3. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room,
dwelling or premises that a person occupies by or on behalf of its owner, landlord, or service personnel;
4. Oral or written publication of material that slanders or libels a person's or organization's goods, products,
or services; or
K. “Policy” means the Policy issued by the Insurer to the Insured including all endorsements thereto.
L. “Property Damage” means physical damage to tangible property, including all resulting Loss of use of that
property. All such Loss of use shall be deemed to occur at the time of the Accident.
M. “Deductible” is the amount the Insured will pay on each and every Claim for Damages and/or Claim Expenses
to which this Policy applies.
N. “Suit” means a civil proceeding in which damage because of Bodily Injury or Property Damage, to which this
Insurance applies, is alleged. Suit includes:
1. An arbitration proceeding in which Damages are claimed and to which you must submit or do submit with
our consent; or
2. Any other alternative dispute resolution proceeding in which Damages are claimed and to which you
submit with our consent.
SECTION X — SEVERABILITY
If any provision of this Policy is void or otherwise determined to be unenforceable, all other provisions shall
nonetheless be deemed valid.
By unqualifiedly accepting this Policy upon receipt, the Insured affirms that all provisions serve to embody and
articulate the entire agreement of the parties.
The provisions of this Policy are to be construed in accordance with the laws of the State of Insured’s domicile for
purposes of the financial responsibility laws and statutory minimum coverage in the State of Louisiana only. For
all other states, the provisions of this Policy are to be construed in accordance with the Laws of the State of
Illinois, as the state in which the Policy has been entered.
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi-
fied by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated
below.
Named Insured:
SCHEDULE
Limit Of Liability
"Bodily Injury": $ Each Person
$ Each "Accident"
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Paragraph 1. of the Limit Of Insurance provision in b. Subject to the limit for each person, the most
the Uninsured Motorists Coverage endorsement ap- we will pay for all damages resulting from "bod-
plicable to "bodily injury" is replaced by the following: ily injury" caused by any one "accident" is the
1. Regardless of the number of covered "autos", limit of "Bodily Injury" shown in the Schedule
"insureds", premiums paid, claims made or vehi- for each "accident".
cles involved in the "accident", the limit of insur-
ance is as follows:
a. The most we will pay for all damages resulting
from "bodily injury" to any one person caused
by any one "accident", including all damages
claimed by any person or organization for care,
loss of services or death resulting from the
"bodily injury", is the limit of "Bodily Injury"
shown in the Schedule for each person.
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indi-
cated below.
Endorsement Effective
(Authorized Representative)
SCHEDULE
"Bodily Injury" $ Each Person
$ Each "Accident"
"Property Damage" $ Each "Accident"
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
Paragraph 1. of LIMIT OF INSURANCE is replaced by the following:
1. Regardless of the number of covered "autos", "insureds", premiums paid, claims made or vehicles in-
volved in the "accident", the limit of insurance is as follows:
a. The most we will pay for all damages resulting from "bodily injury" to any one person caused by any
one "accident", including all damages claimed by any person or organization for care, loss of services
or death resulting from the "bodily injury", is the limit of "Bodily Injury" shown in the Schedule for each
person.
b. Subject to the limit for each person, the most we will pay for all damages resulting from "bodily injury"
caused by any one "accident" is the limit of "Bodily Injury" shown in the Schedule for each "accident".
c. If coverage for "property damage" is provided by this insurance, the most we will pay for all damages
resulting from "property damage" caused by any one "accident" is the limit of "Property Damage"
shown in the Schedule for each "accident".
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
This endorsement changes the policy on the inception date unless another date is indicated below.
Named Insured:
SCHEDULE
SL TN100 09-14