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SA-1852/MOEP 11/12 MISSOURI PERSONAL AUTO POLICY SAFECO INSURANCE COMPANY OF ILLINOIS Home Office: 2800 W. Higgins Rd., Suite 1100, Hoffman Estates, Illinois 60195 (A stock insurance company.) READY REFERENCE TO YOUR AUTO POLICY Beginning On Page AGREEMENT 1 DEFINITIONS 1 PART A — LIABILITY COVERAGE 3 Insuring Agreement Supplementary Payments Exclusions Limit of Liability Out of State Coverage Financial Responsibility Other Insurance PART B — MEDICAL PAYMENTS COVERAGE 6 Insuring Agreement Exclusions Limit of Liability Other Insurance PART C — UNINSURED MOTORISTS COVERAGE 8 Insuring Agreement Exclusions Limit of Liability Other Insurance PART D — COVERAGE FOR DAMAGE TO YOUR AUTO 11 Insuring Agreement Transportation Expenses Exclusions Limit of Liability Payment of Loss No Benefit to Bailee Other Sources of Recovery Appraisal PART E — DUTIES AFTER AN ACCIDENT OR LOSS 16 PART F — GENERAL PROVISIONS 16 Policy Period and Territory Changes Termination Two or More Autos Insured; Two or More Auto Policies **** REPRINTED FROM THE FORMS LIBRARY ****

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Page 1: MISSOURI PERSONAL AUTO POLICY READY ......SA-1852/MOEP 11/12 MISSOURI PERSONAL AUTO POLICY SAFECO INSURANCE COMPANY OF ILLINOIS Home Office: 2800 W. Higgins Rd., Suite 1100, Hoffman

SA-1852/MOEP 11/12

MISSOURI PERSONAL AUTO POLICY

SAFECO INSURANCE COMPANY OF ILLINOISHome Office: 2800 W. Higgins Rd., Suite 1100, Hoffman Estates, Illinois 60195

(A stock insurance company.)

READY REFERENCE TO YOUR AUTO POLICY

BeginningOn Page

AGREEMENT 1DEFINITIONS 1PART A — LIABILITY COVERAGE 3

Insuring AgreementSupplementary PaymentsExclusionsLimit of LiabilityOut of State CoverageFinancial ResponsibilityOther Insurance

PART B — MEDICAL PAYMENTS COVERAGE 6Insuring AgreementExclusionsLimit of LiabilityOther Insurance

PART C — UNINSURED MOTORISTS COVERAGE 8Insuring AgreementExclusionsLimit of LiabilityOther Insurance

PART D — COVERAGE FOR DAMAGE TO YOUR AUTO 11Insuring AgreementTransportation ExpensesExclusionsLimit of LiabilityPayment of LossNo Benefit to BaileeOther Sources of RecoveryAppraisal

PART E — DUTIES AFTER AN ACCIDENT OR LOSS 16PART F — GENERAL PROVISIONS 16

Policy Period and TerritoryChangesTerminationTwo or More Autos Insured; Two or More Auto Policies

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SA-1852/MOEP 11/12

ADDITIONAL COVERAGES 19Underinsured Motorists CoverageRoadside Assistance CoverageLoss of Use CoverageFull Safety Glass Coverage

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AGREEMENT

In return for your payment of all premiums, and in reliance upon the statements in the application weagree to insure you subject to the terms, conditions and limitations of this policy. We will insure you forthe coverages and limits shown on the Declarations. Your policy consists of the policy contract, Declara-tions and endorsements applicable to the policy.

DEFINITIONS

A. Throughout this policy, “you” and “your” referto:

1. The “named insured” shown in the Dec-larations;

2. The spouse if a resident of the samehousehold;

3. The civil partner, if a resident of thesame household, by civil union licensedand certified by the state; or

4. The domestic partner, if a resident ofthe same household;

“Domestic partner” means a personliving as a continuing partner with youand:

(a) is at least 18 years of age andcompetent to contract;

(b) is not a relative; and

(c) shares with you the responsibilityfor each other’s welfare, evidenceof which includes:

(1) the sharing in domestic respon-sibilities for the maintenance ofthe household; or

(2) having joint financial obligations,resources, or assets; or

(3) one with whom you have madea declaration of domestic part-nership or similar declarationwith an employer or governmententity.

Domestic partner does not includemore than one person, a roommatewhether sharing expenses equally ornot, or one who pays rent to the namedinsured.

B. “We,” “us” and “our” refer to the Company asshown on the Declarations providing this in-surance.

C. For purposes of this policy, a private passen-ger auto shall be deemed to be owned by aperson if leased:

1. Under a written agreement to that per-son; and

2. For a continuous period of at least sixmonths.

D. Throughout the policy, “minimum limits”refers to the following limits of liabilityrequired by Missouri law to be providedunder a policy of automobile liabilityinsurance:

1. $25,000 for each person, subject to$50,000 for each accident, with respectto bodily injury;

2. $10,000 for each accident with respectto property damage.

Other words and phrases are defined. They are inbold type when used.

E. “Bodily injury” means bodily harm, sick-ness or disease, including death that results.

F. “Business” includes trade, profession oroccupation.

G. “Family member” means a person relatedto you by blood, marriage, civil union, domes-tic partnership or adoption who is a residentof your household. This includes a ward orfoster child who is a resident of your house-hold.

H. “Fungi” means any type or form of fungus,including yeast, mold or mildew, blight ormushroom and any mycotoxins, spore,scents or other substances, products or by-products produced, released by or arising outof fungi, including growth, proliferation orspread of fungi or the current or past pres-ence of fungi. However, this definition doesnot include any fungi intended by the in-sured for consumption.

I. “Occupying” means in; upon; or getting in,on, out or off.

J. “Property damage” means physical injuryor destruction of tangible property includingloss of use.

K. “Punitive or exemplary damages” includedamages which are awarded to punish or de-ter wrongful conduct, to set an example, tofine, penalize or impose a statutory penalty,and damages which are awarded for anypurpose other than as compensatory dam-ages for bodily injury or property damage.

L. “Trailer” means a vehicle designed to bepulled by a:

1. Private passenger auto; or

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2. Pickup, van or motorhome.

It also means a recreational camping vehicle,a farm wagon or farm implement while towedby a vehicle listed in L.1. or L.2. above.

M. “Your covered auto” means:

1. Any vehicle shown in the Declarations.

2. a. Any newly acquired vehicle, wheth-er operational or not, on the dateyou become the owner, subject toconditions for Newly AcquiredReplacement Vehicle and NewlyAcquired Additional Vehicle un-der M.2.b. below. Any newlyacquired vehicle must be of the fol-lowing types:

(1) a private passenger auto;

(2) a pickup or van that:

(a) has a Gross VehicleWeight Rating of 12,000lbs or less; and

(b) is not used for the deliv-ery or transportation ofgoods and materials un-less such use is:

i. incidental to yourbusiness of in-stalling, maintainingor repairing furnish-ings or equipment; or

ii. for farming or ranch-ing; or

(3) a motorhome or trailer.

b. A newly acquired vehicle is subjectto the following conditions:

(1) Newly Acquired Replace-ment Vehicle. If the vehicleyou acquire replaces oneshown in the Declarations, thereplacement vehicle will havethe same coverage as the ve-hicle it replaced, other thanPart D — Coverage for Dam-age to Your Auto. Thisprovision applies only if thereis no other insurance policythat provides coverage for thatreplacement vehicle.

Part D — Coverage for Damageto Your Auto shall apply for thefirst thirty (30) days after youacquire the vehicle, includingthe date of acquisition, only tothe extent Part D — Coveragefor Damage to Your Auto ap-plied to the vehicle beingreplaced. You must notify uswithin thirty (30) days after youacquire the replacement vehicle

for Part D — Coverage forDamage to Your Auto to contin-ue.

(2) Newly Acquired AdditionalVehicle. For any newly ac-quired vehicle that is inaddition to any shown in theDeclarations coverage shallapply for the first thirty (30)days after you acquire the ve-hicle, including the date ofacquisition. Coverage shall bethe broadest coverage weprovide for any vehicle shownin the Declarations. This cov-erage applies only if:

(a) you acquire the additionalvehicle during the policyperiod shown on the Dec-larations; and

(b) there is no other insur-ance policy that providescoverage for the addi-tional vehicle.

If you wish to add or continuecoverage you must ask us toinsure the additional vehiclewithin thirty (30) days after youacquire the additional vehicle.This thirty (30) days of cover-age includes the day youacquire the vehicle.

(3) Collision Coverage for a newlyacquired vehicle begins on thedate that you acquire the vehi-cle. However, if the Decla-rations does not indicate thatCollision Coverage applies toat least one vehicle, you mustask us to insure the newly ac-quired vehicle within four (4)days after you acquire it. If aloss occurs during the four (4)days after you acquire the ve-hicle but before you asked usto insure the newly acquiredvehicle, a $500 collision de-ductible will apply.

(4) Comprehensive Coverage fora newly acquired vehicle be-gins on the date that youacquire the vehicle. However,if the Declarations does notindicate that ComprehensiveCoverage applies to at leastone vehicle, you must ask usto insure the newly acquiredvehicle within four (4) daysafter you acquire it. If a lossoccurs during the four (4)days after you acquire the ve-hicle but before you asked us

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to insure the newly acquiredvehicle, a $500 comprehen-sive deductible will apply.

3. Any auto or trailer you do not own whileused as a temporary substitute for anyother vehicle described in this definitionwhich is out of normal use because ofits:

a. breakdown;

b. repair;

c. servicing;

d. loss; or

e. destruction.

This provision (M.3.) does not apply toCoverage for Damage to Your Auto.

PART A — LIABILITY COVERAGE

INSURING AGREEMENT

A. We will pay damages for bodily injury orproperty damage for which any insured be-comes legally responsible because of anauto accident. We will settle or defend, as weconsider appropriate, any claim or suit askingfor these damages. In addition to our limit ofliability, we will pay all defense costs we in-cur. Our duty to settle or defend ends whenour limit of liability for this coverage has beenexhausted. We have no duty to defend anysuit or settle any claim for bodily injury orproperty damage not covered under thispolicy.

B. “Insured” as used in this Part A — LiabilityCoverage means:

1. You for the ownership, maintenance oruse of any auto or trailer.

2. Any family member:

a. who does not own an auto, for themaintenance or use of any auto ortrailer.

b. who owns an auto, but only for theuse of your covered auto.

3. Any person using your covered autowith your express or implied permission.The actual use must be within the scopeof that permission.

4. For your covered auto, any person ororganization but only with respect to le-gal responsibility for acts or omissions ofa person for whom coverage is affordedunder this Part A — Liability coverage.

5. For any auto or trailer, other than yourcovered auto, any other person or or-ganization but only with respect to legalresponsibility for acts or omissions ofyou or any family member for whomcoverage is afforded under this Part A— Liability Coverage. This provision(B.4.) applies only if the person or or-ganization does not own or hire the autoor trailer.

INTEREST ON JUDGMENTS

We will pay interest on judgments subject to all ofthe following:

1. Any notice, demand, summons, judg-ment, or any process has been promptlyforwarded to us as required by the policyconditions.

2. We accept the defense or agree to thejudgment.

3. We will pay the interest on that part ofthe judgment that is covered and thatdoes not exceed our applicable limit ofliability.

4. We will pay interest that accrues afterentry of judgment and before we pay,tender, or deposit in court.

5. If we appeal the judgment, we will payinterest on the entire judgment.

6. Post-judgment interest is in addition tothe applicable limit of liability.

7. Where we are required to cover pre-judgment interest, it shall be included inthe limit of liability and is not an addi-tional amount of insurance.

8. If we make an offer to pay our limit ofliability, we will not pay any prejudgmentinterest based on that period of timeafter the offer.

SUPPLEMENTARY PAYMENTS

We will pay on behalf of an insured:

1. Up to $1,000 for the cost of bail bondsrequired because of an accident, includ-ing related traffic law violations. Theaccident must result in bodily injury orproperty damage covered under thispolicy. We are not obligated to apply foror furnish such bonds.

2. Premiums on appeal bonds and bondsto release attachments in any suit wedefend.

3. Up to $250 a day for loss of earnings,but not other income, because of

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attendance at hearings or trials at ourrequest.

4. Other reasonable expenses incurred atour request.

5. All expenses incurred by an insured forfirst aid to others at the time of the acci-dent, not to exceed $10,000.

EXCLUSIONS

A. We do not provide Liability Coverage for:

1. Any insured who intentionally causesbodily injury or property damage evenif such bodily injury or property dam-age is of a different kind or degree thanexpected or intended, or such bodily in-jury or property damage is sustainedby a different person or persons thanexpected or intended.

2. Property damage to property owned orbeing transported by any insured.

3. Property damage to property:

a. rented to;

b. used by; or

c. in the care of;

any insured.

This exclusion (A.3.) does not apply toproperty damage to:

a. a residence or private garage.

b. any motor vehicle loaned to you bya person, firm or corporationengaged in the business of selling,repairing, or servicing motorvehicles while such vehicle is beingused by any insured:

(1) for demonstration purposes; or

(2) as a temporary substitute forany vehicle you own which isout of normal use because ofits breakdown, repair, or ser-vicing.

4. Bodily injury to an employee of any in-sured during the course of employment.This exclusion (A.4.) does not apply tobodily injury to a domestic employeeunless workers compensation benefitsare required or available for that domes-tic employee.

5. Any insured’s liability arising out of theownership or operation of a vehiclewhile it is being used as a public or liv-ery conveyance. This exclusion (A.5.)does not apply to a share-the-expensecar pool.

6. Any insured using any vehicle whileemployed in the pickup or delivery ofnewspapers or magazines, food or any

products for the purpose of compensa-tion. This exclusion does not apply todelivery that is incidental to an in-sured’s business.

7. a. Any insured while employed orotherwise engaged in the businessof:

(1) selling;

(2) repairing;

(3) servicing;

(4) storing; or

(5) parking;

vehicles designed for use mainly onpublic highways. This includes roadtesting and delivery.

b. This exclusion (A.7.) does not ap-ply to the ownership, maintenanceor use of your covered auto by:

(1) you;

(2) any family member; or

(3) any partner, agent or employ-ee of you or any familymember.

8. Any insured maintaining or using anyvehicle while that insured is employedor otherwise engaged in any business(other than farming or ranching) not de-scribed in Exclusions A.6. or A.7. Thisexclusion (A.8.) does not apply to themaintenance or use of a:

a. private passenger auto;

b. pickup, motorhome or van that:

(1) you own; or

(2) you do not own while used asa temporary substitute foryour covered auto which isout of normal use because ofits:

(a) breakdown;

(b) repair;

(c) servicing;

(d) loss; or

(e) destruction; or

c. trailer used with a vehicledescribed in A.8.a. or A.8.b. above.

9. Any insured using a vehicle without theexpress or implied permission of theowner or other person having lawfulpossession, or using a vehicle beyondthe scope of the permission granted.However, this exclusion does not applyto a family member using your cov-ered auto.

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10. a. Bodily injury or property damagefor which any insured:

(1) is an insured under a nuclearenergy liability policy; or

(2) would be an insured under anuclear energy liability policy butfor its termination upon exhaus-tion of its limit of liability.

b. A nuclear energy liability policy is apolicy issued by any of the follow-ing or their successors:

(1) Nuclear Energy Liability Insur-ance Association;

(2) Mutual Atomic Energy LiabilityUnderwriters; or

(3) Nuclear Insurance Associationof Canada.

11. Punitive or exemplary damagesawarded against any insured.

12. Bodily injury to you or any familymember to the extent that the limits ofliability for this coverage exceed theminimum limits required by the Mis-souri Financial Responsibility Law.

13. Bodily injury or property damage aris-ing out of the use of your covered autowhile leased or rented to others. How-ever, this exclusion does not apply tothe operation of your covered auto byyou or a family member.

14. Bodily injury or property damage aris-ing out of a criminal act or omission ofthe insured. This exclusion applies re-gardless of whether that insured isactually charged with, or convicted of, acrime. However, this exclusion (14.)does not apply to traffic violations.

B. We do not provide Liability Coverage for theownership, maintenance or use of:

1. a. Any vehicle which:

(1) has fewer than four wheels;

(2) is designed mainly for use offpublic roads; or

(3) is a vehicle not licensed foruse on public roads.

b. This exclusion does not apply:

(1) while such vehicle is beingused by an insured in a medi-cal emergency; or

(2) to any trailer.

2. Any vehicle, other than your coveredauto, which is:

a. owned by you; or

b. furnished or available for yourregular use.

3. a. Any vehicle, other than your cov-ered auto, which is:

(1) owned by any family memberor other person who resideswith you; or

(2) furnished or available for theregular use of any familymember or other person whoresides with you.

b. However, this exclusion (B.3.) doesnot apply to you while you aremaintaining or occupying any ve-hicle which is:

(1) owned by a family member orother person who resides withyou; or

(2) furnished or available for theregular use of a family mem-ber or other person whoresides with you.

4. Any vehicle while it is:

a. operating on a surface designed orused for racing, except for anorganized and controlled event thatis not a speed, performance, stuntor demolition event;

b. participating in a high performancedriving or racing instruction courseor school; or

c. preparing for, practicing for, usedin, or competing in any prearrangedor organized:

(1) race activity; or

(2) speed, performance, stunt, ordemolition contest or exhibition.

LIMIT OF LIABILITY

A. If the Declarations indicates “per person”/”peraccident” coverage applies:

The limit of liability as shown in the Declara-tions for “each person” for Bodily InjuryLiability is our maximum limit of liability for alldamages, including damages for care andloss of services (including loss of consortiumand wrongful death), arising out of bodily in-jury sustained by any one person in any oneauto accident.

Subject to this limit for “each person,” the limitof liability shown in the Declarations for “eachaccident” for Bodily Injury Liability is our maxi-mum limit of liability for all damages for bodilyinjury resulting from any one auto accident.

The limit of liability shown in the Declarationsfor each accident for Property Damage Liabilityis our maximum limit of liability for all propertydamage resulting from any one accident.

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This is the most we will pay regardless of thenumber of:

1. Insureds;

2. Claims made;

3. Vehicles or premiums shown in the Dec-larations; or

4. Vehicles involved in the auto accident.

B. If the Declarations indicate Combined Sin-gle Limit applies, Paragraph A. above isreplaced by the following:

The limit of liability shown in the Declarationsfor This coverage is our maximum limit of lia-bility for all damages resulting from any oneauto accident. This is the most we will payregardless of the number of:

1. Insureds;

2. Claims made;

3. Vehicles or premiums shown in the Dec-larations; or

4. Vehicles involved in the auto accident.

We will apply the limit of liability to provideany separate minimum limits required bylaw for bodily injury and property damageliability. However, this provision will notchange our total limit of liability.

C. No one will be entitled to receive duplicatepayments for the same elements of loss un-der this coverage and Part B — MedicalPayments Coverage or Part C — UninsuredMotorists Coverage or any Underinsured Mo-torists Coverage provided by this policy.

D. A vehicle and attached trailer are consideredone vehicle. Therefore the limits of liabilitywill not be increased for an accident involvinga vehicle which has an attached trailer.

OUT OF STATE COVERAGE

If an auto accident to which this policy appliesoccurs in any state or province other than the onein which your covered auto is principally garaged,we will interpret your policy for that accident asfollows:

A. If the state or province has:

1. A financial responsibility or similar lawspecifying limits of liability for bodily in-jury or property damage higher thanthe limit shown in the Declarations, yourpolicy will provide the higher specifiedlimit.

2. A compulsory insurance or similar lawrequiring a nonresident to maintain in-surance whenever the nonresident usesa vehicle in that state or province, yourpolicy will provide at least the requiredminimum limits and types of coverage.

B. No one will be entitled to duplicate paymentsfor the same elements of loss.

FINANCIAL RESPONSIBILITY

When this policy is certified as future proof offinancial responsibility, this policy shall complywith the law to the extent required. The insuredmust reimburse us if we make a payment that wewould not have made if this policy was not certi-fied as proof of financial responsibility.

OTHER INSURANCE

If there is other applicable liability insurance avail-able any insurance we provide shall be excessover any other applicable liability insurance. Ifmore than one policy applies on an excess basis,we will bear our proportionate share with othercollectible liability insurance. However, any insur-ance we provide for a vehicle you do not ownshall be excess over any other collectible insur-ance providing coverage on a primary basis. Avehicle you do not own includes any vehicleloaned to you by a person, firm or corporationengaged in the business of selling, repairing orservicing motor vehicles and such vehicle is usedby any insured:

1. For demonstration purposes; or

2. As a temporary substitute for a vehicleyou own which is out of normal usebecause of its breakdown, repair, orservicing.

PART B — MEDICAL PAYMENTS COVERAGE

INSURING AGREEMENT

A. We will pay usual and customary chargesincurred for reasonable and necessary medi-cal and funeral expenses because of bodilyinjury:

1. Caused by accident; and

2. Sustained by an insured.

We will pay only those expenses incurred forservices rendered within three (3) years fromthe date of the accident.

We have aright to review medical expensesand services to determine if they are reason-able and necessary for the bodily injurysustained.

B. “Insured” as used in this Part B — MedicalPayments Coverage means:

1. You or any family member:

a. while occupying; or

b. as a pedestrian or bicyclist whenstruck by;

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a motor vehicle designed for use mainlyon public roads or a trailer of any type.

2. Any other person while occupying yourcovered auto with your express or im-plied permission. The actual use mustbe within the scope of that permission.

3. Any other person while occupying, as aguest, an automobile not owned by youor a family member, while being oper-ated by you or a family member.

C. “Usual and customary charges” as used inthis Part B — Medical Payments Coveragemean:

Any amount which we determine representsa customary charge for services in the geo-graphic area in which the service is rendered.To determine whether a charge is customary,we may consider outside sources of infor-mation of our choice, including, but notlimited to:

1. Licensed, certified or registeredhealthcare professionals;

2. Medical examinations;

3. Medical file reviews;

4. Medical bill review services; or

5. Computerized data bases.

The insured shall not be responsible forpayment of any reduction applied by us. If amedical provider disputes an amount paid byus, we will be responsible for resolving suchdisputes.

EXCLUSIONS

We do not provide Medical Payments Coveragefor any insured for bodily injury:

1. Sustained while occupying any motor-ized vehicle having fewer than fourwheels.

2. Sustained while occupying your cov-ered auto when it is being used as apublic or livery conveyance. This exclu-sion (2.) does not apply to a share-the-expense car pool.

3. Sustained while occupying any vehiclewhile employed in the pickup or deliveryof newspapers or magazines, food orany products for the purpose of com-pensation. This exclusion does not applyto delivery that is incidental to an in-sured’s business.

4. Sustained while occupying any vehiclelocated for use as a residence or prem-ises.

5. Occurring during the course of employ-ment if workers compensation benefitsare required or available for the bodilyinjury.

6. Sustained while occupying, or whenstruck by, any vehicle (other than yourcovered auto) which is:

a. owned by you; or

b. furnished or available for yourregular use.

7. Sustained while occupying, or whenstruck by, any vehicle (other than yourcovered auto) which is:

a. owned by any family member orother person who resides with you;or

b. furnished or available for theregular use of any family memberor other person who resides withyou.

However, this exclusion (7.) does notapply to you.

8. Sustained while occupying a vehiclewithout the express or implied permis-sion of the owner or other person havinglawful possession, or using a vehiclebeyond the scope of the permissiongranted. However this exclusion doesnot apply to a family member usingyour covered auto.

9. Sustained while occupying a vehiclewhen it is being used in the business ofan insured. This exclusion (9.) does notapply to bodily injury sustained whileoccupying a:

a. private passenger auto;

b. pickup, van or motorhome that youown; or

c. trailer used with a vehicledescribed in a. or b. above.

10. Caused by or as a consequence of:

a. discharge of a nuclear weapon(even if accidental);

b. war (declared or undeclared);

c. civil war;

d. insurrection; or

e. rebellion or revolution.

11. From or as a consequence of the follow-ing, whether controlled or uncontrolledor however caused:

a. nuclear reaction;

b. radiation; or

c. radioactive contamination.

12. Sustained while occupying any vehiclewhile it is:

a. operating on a surface designed orused for racing except for anorganized and controlled event that

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is not a speed, performance, stuntor demolition event;

b. participating in a high performancedriving or racing instruction courseor school; or

c. preparing for, practicing for, usedin, or competing in any prearrangedor organized:

(1) race activity; or

(2) speed, performance, stunt, ordemolition contest or exhibition.

13. Caused by the actual, alleged or threat-ened presence, growth, proliferation orspread of fungi or bacteria.

LIMIT OF LIABILITY

A. The limit of liability shown in the Declarationsfor this coverage is our maximum limit of lia-bility for each person injured in any oneaccident. This is the most we will pay regard-less of the number of:

1. Insureds;

2. Claims made;

3. Vehicles or premiums shown in the Dec-larations; or

4. Vehicles involved in the accident.

B. No one will be entitled to receive duplicatepayments for the same elements of loss un-der this coverage and Part A — LiabilityCoverage or Part C — Uninsured MotoristsCoverage or any Underinsured MotoristsCoverage provided by this policy.

OTHER INSURANCE

If there is other applicable auto medical paymentsinsurance available any insurance we provideshall be excess over any other applicable automedical payments insurance. If more than onepolicy applies on an excess basis, we will bear ourproportionate share with other collectible automedical payments insurance.

PART C — UNINSURED MOTORISTS COVERAGE

INSURING AGREEMENT

A. We will pay damages which an insured islegally entitled to recover from the owner oroperator of an uninsured motor vehicle be-cause of bodily injury sustained by thatinsured.

The owner’s or operator’s liability for thesedamages must arise out of the ownership,maintenance or use of the uninsured motorvehicle.

No judgment for damages arising out of thesuit brought against the owner or operator ofan “uninsured motor vehicle” is binding on usunless we:

1. Received reasonable notice of the pen-dency of the suit resulting in thejudgment; and

2. Had a reasonable opportunity to protectour interests in the suit.

B. “Accident” as used in this coverage meansa sudden impact of one or more motor vehi-cles while being used as motor vehiclesresulting in bodily injury neither expected norintended by the insured.

C. “Insured” as used in this Part C — Unin-sured Motorists Coverage means:

1. You.

2. Any family member who does not ownan auto.

3. Any family member who owns an auto,but only while occupying your coveredauto.

4. Any other person occupying your cov-ered auto with your express or impliedpermission. The actual use must bewithin the scope of that permission.

5. Any person entitled to recover damagesbecause of bodily injury to which thiscoverage applies sustained by a persondescribed in C.1., C.2., C.3. or C.4.above.

D. “Uninsured motor vehicle” means a landmotor vehicle or trailer of any type:

1. To which no bodily injury liability bond orpolicy applies at the time of the acci-dent.

2. To which a bodily injury liability bond orpolicy applies at the time of the acci-dent if its limit for bodily injury liability isless than the minimum limits for bodilyinjury liability specified by the Missourifinancial responsibility law.

3. Which is a hit-and-run vehicle whoseoperator or owner cannot be identifiedand which hits or which causes an acci-dent resulting in bodily injury withouthitting:

a. you or any family member;

b. a vehicle which you or any familymember is occupying; or

c. your covered auto.

If there is no physical contact with thehit-and-run vehicle the facts of the acci-dent must be proved. We may request

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supporting evidence other than the tes-timony of a person making a claim underthis or any similar coverage to supportthe validity of such claim.

4. To which a bodily injury liability bond orpolicy applies at the time of the acci-dent, but the bonding or insuringcompany:

a. denies coverage; or

b. is or becomes insolvent.

However, “uninsured motor vehicle” doesnot include any vehicle or equipment:

1. Owned by or furnished or available forthe regular use of you or any familymember to the extent that the limits ofliability for this coverage exceed theminimum limits of liability required by thefinancial responsibility law of Missouri.

2. Owned or operated by a self-insurer un-der any applicable motor vehicle law,except a self-insurer which is or be-comes insolvent.

3. Operated on rails or crawler treads.

4. Designed mainly for use off public roadswhile not on public roads.

5. While located for use as a residence orpremises.

EXCLUSIONS

A. We do not provide Uninsured Motorists Cov-erage for bodily injury sustained by a familymember who does not own an auto, whileoccupying, or when struck by, any motorvehicle you own which is insured for thiscoverage on a primary basis under any otherpolicy.

B. We do not provide Uninsured Motorists Cov-erage for bodily injury sustained by anyinsured:

1. If that insured or the legal representativesettles the bodily injury claim without ourconsent. However, this exclusion (B.1.)does not apply if such settlement does noprejudice our right to recover payment tothe extent that the limits of liability for thiscoverage exceed the minimum limits ofliability required by the financialresponsibility law of Missouri.

2. While occupying your covered autowhen it is being used as a public or liv-ery conveyance to the extent that thelimits of liability for this coverage exceedthe minimum limits specified by theMissouri Motor Vehicle Financial Re-sponsibility Law. This exclusion (B.2.)does not apply to a share-the-expensecar pool.

3. While using any vehicle while employedin the pickup or delivery of newspapersor magazines, food or any products forthe purpose of compensation to theextent that the limits of liability for thiscoverage exceed the minimum limitsspecified by the Missouri Motor VehicleFinancial Responsibility Law. Thisexclusion does not apply to delivery thatis incidental to an insured’s business.

4. While using a vehicle without the ex-press or implied permission of the owneror other person having lawful posses-sion, or using a vehicle beyond thescope of the permission granted. How-ever, this exclusion does not apply toyou or any family member using yourcovered auto.

5. While occupying or operating an ownedmotorcycle or moped.

6. While using any vehicle while it is:

a. operating on a surface designed orused for racing except for anorganized and controlled event thatis not a speed, performance, stuntor demolition event;

b. participating in a high performancedriving or racing instruction courseor school; or

c. preparing for, practicing for, usedin, or competing in any prearrangedor organized:

(1) race activity; or

(2) speed, performance, stunt, ordemolition contest or exhibition.

C. This coverage shall not apply directly orindirectly to benefit any insurer or self-insurerunder any of the following or similar law:

1. Workers compensation law; or

2. Disability benefits law.

D. We do not provide Uninsured Motorists Cov-erage for punitive or exemplary damages.

LIMIT OF LIABILITY

A. If bodily injury is sustained in an accidentby you or any family member:

1. Our maximum limit of liability for alldamages, including damages for careand loss of services (including loss ofconsortium and wrongful death), arisingout of bodily injury sustained by anyone person in any such accident is thesum of the limits of liability shown in theDeclarations for “each person” for Unin-sured Motorists Coverage;

2. Subject to the maximum limit for “eachperson,” our maximum limit of liability forall damages arising out of bodily injury

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resulting from any one accident is thesum of the limits of liability shown in theDeclarations for each accident for Un-insured Motorists Coverage;

3. Subject to the maximum limits of liabilityset forth in 1. and 2. above:

a. the most we will pay for bodilyinjury sustained in such accidentby an insured other than you orany family member is thatinsured’s pro rata share of the“each person” or “each accident”limit of liability for this coverageshown in the Declarationsapplicable to the vehicle thatinsured was occupying at thetime of the accident; and

b. you or any family member whosustains bodily injury in suchaccident will also be entitled to apro rata share of the “each person”or “each accident” limit describedin paragraph 3.a. above.

A person’ s pro rata share shall be the pro-portion that that person’s damages bears tothe total damages sustained by all insureds.

The maximum limit of liability is the most wewill pay regardless of the number of:

1. Insureds;

2. Claims made; or

3. Vehicles involved in the accident.

B. If bodily injury is sustained by any insuredother than you or any family member in anaccident in which neither you nor any familymember sustained bodily injury the limit of li-ability shown in the Declarations for “eachperson” for Uninsured Motorists Coverage isour maximum limit of liability for all damages,including damages for care and loss of services(including loss of consortium and wrongfuldeath), arising out of bodily injury sustainedby any one person in any such accident.

Subject to this limit for “each person”, the lim-it of liability shown in the Declarations for“each accident” for Uninsured MotoristsCoverage is our maximum limit of liability forall damages for bodily injury resulting fromany such accident. This is the most we willpay regardless of the number of:

1. Insureds;

2. Claims made;

3. Vehicles or premiums shown in the Dec-larations; or

4. Vehicles involved in the accident.

C. If the Declarations indicates that CombinedSingle Limit applies to Uninsured MotoristsCoverage, then Paragraphs A. and B. of the

Limit Of Liability Provision for Uninsured Mo-torists Coverage are replaced by C.1. andC.2. as follows:

1. If bodily injury is sustained in an acci-dent by you or any family member, ourmaximum limit of liability for all damagesin any such accident is the sum of thelimits of liability for Uninsured MotoristsCoverage shown in the Declarations ap-plicable to each vehicle. Subject to thismaximum limit of liability for all damages:

a. The most we will pay for bodilyinjury sustained in such accidentby an insured other than you orany family member is thatinsured’s pro rata share of the limitshown in the Declarationsapplicable to the vehicle thatinsured was occupying at thesame time of the accident; and

b. You or any family member whosustains bodily injury in suchaccident will also be entitled to apro rata share of the limit describedin Paragraph a. above.

A person’s pro rata share shall be theproportion that that person’ s damagesbears to the total damages sustained byall insureds.

The maximum limit of liability is the mostwe will pay regardless of the number of:

a. Insureds;

b. Claims made; or

c. Vehicles involved in the accident.

2. If bodily injury is sustained by any in-sured other than you or any familymember in an accident in which neitheryou nor any family member sustainedbodily injury, the limit of liability shownin the Declarations for Uninsured Motor-ists Coverage applicable to the yourcovered auto the insured was occupy-ing at the time of the accident is ourmaximum limit of liability for all damagesresulting from any such accident.

This is the most we will pay regardlessof the number of:

a. Insureds;

b. Claims made;

c. Vehicles or premiums shown in theDeclarations; or

d. Vehicles involved in the accident.

D. No one will be entitled to receive duplicatepayments for the same elements of loss un-der this coverage and:

1. Part A — Liability Coverage of this poli-cy; or

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2. Any Underinsured Motorists Coverageprovided by this policy.

E. We will not make a duplicate payment underthis coverage for any element of loss forwhich payment has been made by or on be-half of persons or organizations who may belegally responsible. This includes all sumspaid under Part A — Liability Coverage butdoes not include any amounts paid or paya-ble under:

1. Part B — Medical Payments Coverage;or

2. Any workers compensation law, disabil-ity benefits law or similar law.

F. A vehicle and attached trailer are consideredone vehicle. Therefore the limits of liabilitywill not be increased for an accident involv-ing a vehicle which has an attached trailer.

OTHER INSURANCE

If there is other applicable insurance availableunder one or more policies or provisions of cover-age that is similar to the insurance provided underthis Part C — Uninsured Motorists Coverage ofthe policy:

1. Any recovery for damages under allsuch policies or provisions of coveragemay equal but not exceed the highest

applicable limit for any one vehicle un-der any insurance providing coverageon either a primary or excess basis.

2. Any insurance we provide with respect toa vehicle you do not own, including anyvehicle while used as a temporary substi-tute for your covered auto, shall beexcess over any collectible insuranceproviding coverage on a primary basis.

3. If the coverage under this policy is pro-vided:

a. on a primary basis, we will pay onlyour share of the loss that must bepaid under insurance providingcoverage on a primary basis. Ourshare is the proportion that our limitof liability bears to the total of allapplicable limits of liability forcoverage provided on a primarybasis.

b. on an excess basis, we will payonly our share of the loss that mustbe paid under insurance providingcoverage on an excess basis. Ourshare is the proportion that our limitof liability bears to the total of allapplicable limits of liability forcoverage provided on an excessbasis.

PART D — COVERAGE FOR DAMAGE TO YOUR AUTO

INSURING AGREEMENT

A. We will pay for direct and accidental loss toyour covered auto or any non-owned auto,including its equipment, any child safety seatin use in your covered auto or non-ownedauto, minus any applicable deductible shownin the Declarations. We will pay for loss toyour covered auto caused by:

1. Other than collision only if the Declara-tions indicate that ComprehensiveCoverage is provided for that auto.

2. Collision only if the Declarations indi-cate that Collision Coverage is providedfor that auto.

If there is a loss to a non-owned auto, wewill provide the broadest coverage applicableto any vehicle shown in the Declarations.

Deductible

Unless stated otherwise, the applicable de-ductible shown in the Declarations shall beapplied to each accidental loss covered un-der this Part of the policy. However,

a. if loss to more than one of yourcovered autos or a non-ownedauto results from the same loss,

only the highest applicabledeductible will apply;

b. in the event of a collision withanother vehicle insured by:

(1) a Safeco insurance company;or

(2) another Liberty Mutual AgencyCorporation company;

no deductible will apply.

This does not include a vehicle de-scribed as your covered auto ornon-owned auto.

c. no deductible will apply to yourcovered auto or a non-ownedauto if the loss to your coveredauto or a non-owned auto resultsfrom the same event as a losscovered under your SafecoHomeowners or Condominium andwe issue a payment under yourHomeowners or Condominiumpolicy for the loss.

B. “Collision” means the upset of your cov-ered auto or a non-owned auto or itsimpact with another vehicle or object.

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“Comprehensive” means loss, other thancollision, to your covered auto or a non-owned auto. Losses caused by the followingare not collision losses but are compre-hensive losses:

Loss caused by missiles or falling objects;fire; theft or larceny; explosion or earthquake;windstorm; hail, water or flood; maliciousmischief or vandalism; riot or civil commotion;contact with a bird or animal; or breakage ofglass.

If breakage of glass is caused by a collision,you may elect to have it considered a losscaused by collision.

C. 1. “Non-owned auto” means:

a. Any private passenger auto,pickup, van (other than a cargovan) or trailer with a Gross VehicleWeight Rating of 12,000 pounds orless or any cargo van or movingvan with a Gross Vehicle WeightRating of 18,000 pounds or less,not owned by or furnished oravailable for the regular use of youor any family member while in thecustody of or being operated byyou or any family member; or

b. Any auto or trailer you do not ownwhile used as a temporarysubstitute for your covered autowhich is out of normal use becauseof its:

(1) breakdown;

(2) repair;

(3) servicing;

(4) loss; or

(5) destruction.

2. However, non-owned auto does not in-clude any vehicle loaned to you, with orwithout consideration, by a person, firmor corporation engaged in the businessof selling, repairing, or servicing motorvehicles while such vehicle is beingused by any insured:

a. for demonstration purposes; or

b. as a temporary substitute for avehicle you own which is out ofnormal use because of its:

(1) breakdown;

(2) repair; or

(3) servicing.

3. “Non-owned auto” does not includeany Vehicle which has been operated orrented by or in the possession of you orany family member for 30 or more con-secutive days. This does not apply to a

temporary substitute vehicle authorizedby us.

D. “Camper body” means a body equipped assleeping or living quarters which is designedto be mounted on a pickup.

E. “Diminution in value” means the actual orperceived loss in market or resale valuewhich results from a direct and accidentalloss.

TRANSPORTATION EXPENSES

A. Subject to the limitations described in para-graphs B. and C, below, we will pay:

1. Temporary transportation expenses in-curred by you in the event of the totaltheft of your covered auto or a non-owned auto. We will pay for such ex-penses only if the Declarations indicatethat Comprehensive Coverage is pro-vided for that auto. We will pay onlyexpenses incurred during the period:

a. beginning 48 hours after the theft;and

b. ending when your covered auto orthe non-owned auto is returned touse or we pay for its loss.

2. Indirect loss expenses for which you be-come legally responsible in the event ofa loss to a non-owned auto. We willpay only expenses beginning when thenon-owned auto is withdrawn from usefor more than 24 hours. We will pay forindirect loss expenses if the loss iscaused by:

a. a comprehensive loss only if theDeclarations indicate that Compre-hensive Coverage is provided forany your covered auto.

b. collision only if the Declarationsindicate that Collision Coverage isprovided for any your covered auto.

B. For the expenses described in paragraphsA.1. and A.2. we will pay the greater of thefollowing, without application of a deductible:

1. Up to $25 per day, to a maximum of$750; or

2. The limit for Loss of Use, if any, shownin the Declarations.

C. Our payment for the expenses described inparagraphs A.1. and A.2. will be limited tothat period of time reasonably required to re-pair or replace the your covered auto or thenon-owned auto.

EXCLUSIONS

We will not pay for:

1. Loss to your covered auto or anynon-owned auto which occurs while it

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is being used as a public or livery con-veyance. This exclusion (1.) does notapply to a share-the-expense car pool.

2. Loss to your covered auto or anynon-owned auto while employed in thepickup or delivery of newspapers ormagazines, food or any products for thepurpose of compensation. This exclu-sion does not apply to delivery that isincidental to an insured’s business.

3. Damage or loss due and confined to:

a. wear and tear;

b. freezing;

c. mechanical or electrical breakdownor failure; or

d. road damage to tires.

This exclusion (3.) does not apply if thedamage results from the total theft ofyour covered auto or any non-ownedauto.

4. Damage or loss arising out of neglect.Neglect means your failure to adequate-ly maintain your covered auto or non-owned auto after the loss.

With respect to water under Compre-hensive Coverage, there is no coveragefor:

a. moisture, condensation, humidity,or vapor;

b. water intrusion around or throughpanels, surfaces and seals; or

c. water that collects in spaces orventilation systems; or

d. fungi, dry rot or bacteria;

resulting from neglect.

5. Loss due to or as a consequence of:

a. discharge of any nuclear weapon(even if accidental);

b. war (declared or undeclared);

c. civil war;

d. insurrection; or

e. rebellion or revolution.

6. Loss from or as a consequence of thefollowing, whether controlled or uncon-trolled or however caused:

a. nuclear reaction;

b. radiation; or

c. radioactive contamination.

7. Loss to:

a. any electronic equipment designedfor the production or reproduction

of sound, pictures, audio, visual ordata or that receives or transmitssound, pictures or data signals.

b. This exclusion (7.) does not applyto:

(1) equipment designed for the re-production of sound ortransmission of sound, pictures,audio, visual or data signals andaccessories used with suchequipment, provided:

(a) the electronic equipmentis permanently installedby the original vehiclemanufacturer or manu-facturer’ s dealership inyour covered auto orany non-owned auto; or

(b) the electronic equipmentis:

i. removable from ahousing unit which ispermanently installedby the original vehi-cle manufacturer ormanufacturer’s deal-ership in the auto;

ii. designed to be solelyoperated by use ofthe power from theauto’ s electrical sys-tem; and

iii. in or upon yourcovered auto or anynon-owned auto;

at the time of loss.

(c) any equipment installedthrough our Teen SafeDriverTM program.

However, we will pay only upto a total of $1,000 or the ac-tual cash value of yourcovered auto or any non-owned auto, whichever isless, for all such equipmentthat is not installed by the orig-inal vehicle manufacturer ormanufacturer’s dealership.

(2) any other electronic equipmentthat is:

(a) necessary for the normaloperation of the auto orthe monitoring of the au-to’ s operating systems;

(b) an integral part of thesame unit housing anyelectronic equipment des-cribed in 7.a. and

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permanently installed bythe original vehicle manu-facturer or manufacturer’sdealership in your cov-ered auto or any non-owned auto.

8. Loss to:

a. tapes, records, discs, or othermedia used with such equipmentdescribed in exclusion (7.); or

b. any other accessories, not perma-nently installed used with suchequipment described in exclusion(7.).

9. Loss to your covered auto or any non-owned auto due to destruction or confis-cation by governmental or civil authoritiesbecause you or any family member:

a. engaged in illegal activities; or

b. failed to comply with EnvironmentalProtection Agency or Departmentof Transportation standards.

This exclusion (9.) does not apply to theinterests of Loss Payees in your cov-ered auto.

10. Loss to a camper body, motorhome ortrailer you own which is not shown inthe Declarations. This exclusion (10.)does not apply to a camper body, mo-torhome or trailer you:

a. acquire during the policy period; and

b. ask us to insure within 30 daysafter you become the owner.

11. Loss to any non-owned auto when usedby you or any family member without theexpress or implied permission of the own-er or other person having lawfulpossession, or using a vehicle beyond thescope of the permission granted.

12. Loss to equipment, whether operationalor not, whose design may be used forthe detection or location of law enforce-ment equipment.

13. Loss to any non-owned auto beingmaintained or used by any person whileemployed or otherwise engaged in thebusiness of:

a. selling;

b. repairing;

c. servicing;

d. storing; or

e. parking;

vehicles designed for use on publichighways. This includes road testing anddelivery.

14. Loss to any non-owned auto beingmaintained or used by any person whileemployed or otherwise engaged in anybusiness not described in exclusion 2.and 13. This exclusion (14.) does notapply to the maintenance or use by youor any family member of a non-ownedauto which is a private passenger autoor trailer.

15. Loss to your covered auto or any non-owned auto while it is:

a. operating on a surface designed orused for racing. This does not applyto an organized and controlledevent that is not a speed,performance, stunt or demolitionevent;

b. participating in a high performancedriving or racing instruction courseor school; or

c. preparing for, practicing for, usedin, or competing in any prearrangedor organized:

(1) race activity; or

(2) speed, performance, stunt, ordemolition contest or exhibition.

16. Loss to, or loss of use of, a non-ownedauto rented by:

a. you; or

b. any family member;

if a rental vehicle company is precludedfrom recovering such loss or loss of use,from you or that family member, pursu-ant to the provisions of any applicablerental agreement or state law.

17. Loss to your covered auto or any non-owned auto, arising out of the actual,alleged or threatened presence, growth,proliferation or spread of fungi, dry rotor bacteria.

18. Loss to your covered auto, non-owned auto, or trailer, for diminutionin value.

19. Loss in excess of $1,000 per claim orthe actual cash value of your coveredauto or any non-owned auto, which-ever is less, for any furnishings orequipment that were not installed by theoriginal vehicle manufacturer ormanufacturer’s dealership which mech-anically or structurally changes yourvehicle and results in increase inperformance or change in appearance,including but not limited to:

a. custom murals, paintings or otherdecals or graphics;

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b. custom wheels, tachometers,pressure and temperature gauges;

c. modified or custom engines andfuel systems, light bars, racingslicks and/or oversized tires, rollbars and lift kits, winches, utilityboxes, and tool boxes; or

d. non-standard paint.

This exclusion does not apply to equip-ment installed to make a vehiclehandicap accessible.

20. Loss arising out of the use of your cov-ered auto while leased or rented toothers.

21. Loss to your covered auto or a non-owned auto caused by an intentionalact by you or a family member, or atthe direction of you or a family mem-ber. However, this exclusion does notapply to the ownership interest of a do-mestic violence victim.

LIMIT OF LIABILITY

A. At our option, our limit of liability for loss willbe the lowest of:

1. The actual cash value of the stolen ordamaged property;

2. a. The amount necessary to repair orreplace the property;

b. Determination of the cost of repairor replacement will be based uponone of the following:

(1) the cost of repair or replace-ment agreed upon by you andus;

(2) a competitive bid approved byus; or

(3) an estimate written based uponthe prevailing competitive price.You agree with us that we mayinclude in the estimate partsfurnished by the original vehiclemanufacturer or parts fromother sources includingnon-original equipment manu-facturers. The prevailing com-petitive price means pricescharged by a majority of therepair market in the area wherethe vehicle is to be repaired asdetermined by us; or

3. The limit of liability shown in the Decla-rations.

However, the most we will pay for loss to anynon-owned auto, which is a trailer, is$1,500.

B. An adjustment for depreciation and physicalCondition may be made based upon the

physical condition and wear and tear of theproperty or damaged part of the property atthe time of the loss. This adjustment forphysical condition includes but is not limitedto, broken, cracked or missing parts, rust,dents, scrapes, gouges and paint condition.When replacing parts normally subject to re-pair or replacement during the useful life ofthe vehicle, we will not pay for the amount ofany betterment.

PAYMENT OF LOSS

We may pay for loss in money or repair or replacethe damaged or stolen property. We may, at ourexpense, return any stolen property to:

1. You; or

2. The address shown in this policy.

If we return stolen property we will pay for anydamage resulting from the theft. We may keep allor part of the property at an agreed or appraisedvalue.

If we pay for loss in money, our payment willinclude the applicable sales tax for the damagedor stolen property.

NO BENEFIT TO BAILEE

This insurance shall not directly or indirectly bene-fit any carrier or other bailee for hire.

OTHER SOURCES OF RECOVERY

If other sources of recovery also cover the loss,we will pay only our share of the loss. Our share isthe proportion that our limit of liability bears to thetotal of all applicable limits. However, any insur-ance we provide with respect to a non-ownedauto shall be excess over any other collectiblesource of recovery including, but not limited to:

1. Any coverage provided by the owner ofthe non-owned auto;

2. Any other applicable physical damageinsurance;

3. Any other source of recovery applicableto the loss.

APPRAISAL

A. If we and you do not agree on the amount ofloss, either may demand an appraisal of theloss. In this event, each party will select acompetent appraiser. The two appraisers willselect an umpire. The appraisers will stateseparately the actual cash value and theamount of loss. If they fail to agree, they willsubmit their differences to the umpire. A de-cision agreed to by any two will be binding.Each party will:

1. Pay its chosen appraiser; and

2. Bear the expenses of the appraisal andumpire equally.

B. We do not waive any of our rights under thispolicy by agreeing to an appraisal.

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PART E — DUTIES AFTER AN ACCIDENT OR LOSS

We have no duty to provide coverage under thispolicy unless there has been full compliance withthe following duties:

A. We must be notified promptly of how, whenand where the accident or loss happened.Notice should also include the names andaddresses of any injured persons and of anywitnesses.

B. A person seeking any coverage must:

1. Cooperate with us in the investigation,settlement or defense of any claim orsuit.

2. Promptly send us copies of any noticesor legal papers received in connectionwith the accident or loss.

3. Submit, as often as we reasonably re-quire:

a. to physical examinations byphysicians we select. We will payfor these exams.

b. to examination under oath andsubscribe the same. We mayexamine any insured separatelyand apart from the presence of anyother insured.

4. Authorize us to obtain:

a. medical reports; and

b. other pertinent records.

5. Submit a proof of loss when required byus.

C. A person seeking Uninsured Motorists Cov-erage or Underinsured Motorists Coveragemust also:

1. Report the accident to the police or oth-er civil authority within twenty-four (24)hours or as soon as practicable if a hit-and-run driver is involved.

2. Promptly send us copies of the legal pa-pers if a suit is brought.

D. A person seeking Coverage for Damage toYour Auto must also:

1. Take reasonable steps after loss to pro-tect your covered auto or any non-owned auto and its equipment fromfurther loss. We will pay reasonableexpenses incurred to do this.

2. Promptly notify the police if your cov-ered auto or any non-owned auto isstolen.

3. Permit us to inspect and appraise thedamaged property before its repair ordisposal.

PART F — GENERAL PROVISIONS

POLICY PERIOD AND TERRITORY

A. This policy applies only to accidents andlosses which occur:

1. During the policy period as shown in theDeclarations; and

2. Within the policy territory.

B. The policy period is the period stated in theDeclarations. The policy may be renewed forsuccessive policy periods if the requiredpremium is paid and accepted by us on orbefore the expiration of the current policy pe-riod. The premium will be computed at ourthen current rate for coverage then offered.

C. The policy territory is:

1. The United States of America, its territo-ries or possessions;

2. Puerto Rico; or

3. Canada.

This policy also applies to loss to, or acci-dents involving, your covered auto whilebeing transported between their ports.

BANKRUPTCY

Bankruptcy or insolvency of the insured shall notrelieve us of any obligations under this policy.

CHANGES

A. This policy, your Declarations page andendorsements issued by us to this policycontain all the agreements between you andus. Its terms may not be changed or waivedexcept by endorsement issued by us.

B. The premium for the policy is based on in-formation we have received from you or othersources. You agree to cooperate with us indetermining if this information is correct andcomplete and you will notify us if it changes.If this information is incorrect, incomplete, orchanges, we will adjust your premium duringthe policy term or take other appropriate ac-tion based upon the corrected, completed orchanged information. Changes during thepolicy term that will result in a premium in-crease or decrease during the policy terminclude, but are not limited to, changes in:

1. The number, type or use classification ofinsured vehicles.

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2. Operators using insured vehicles includ-ing newly licensed family memberdrivers and any household membersthat have licenses.

3. The location where your vehicle is prin-cipally garaged.

4. Customized equipment or parts.

You also agree to disclose all licensed driv-ers residing in your household.

C. If we make a change which broadens cover-age under this edition of your policy withoutadditional premium charge, that change willautomatically apply to your policy as of thedate we implement the change in your state.This paragraph (C.) does not apply to chang-es implemented with a general programrevision that includes both broadenings andrestrictions in coverage, whether that generalprogram revision is implemented through in-troduction of:

1. A subsequent edition of your policy; or

2. An Amendatory Endorsement.

D. Additional or return premium of $3.00 or lessresulting from policy changes will be waived.

PAYMENT OF PREMIUM

If your initial premium payment is by check, draftor any remittance other than cash, coverageunder this policy is conditioned upon the check,draft or remittance being honored upon present-ment to the bank or other financial institution. Ifthe check, draft or remittance is not honored uponpresentment, this policy may, at our option, bedeemed void from its inception. This means thatwe will not be liable under this policy for anyclaims or damages which would otherwise becovered if the check, draft, or remittance had beenhonored upon presentment.

FRAUD

This policy was issued in reliance upon the infor-mation provided on your application. We may voidthis policy if you or an insured have concealed ormisrepresented any material fact or circumstance,or engaged in fraudulent conduct, at the timeapplication was made or any time during thepolicy period.

We may void this policy or deny coverage for anaccident or loss if you or an insured have con-cealed or misrepresented any material fact orcircumstance, or engaged in fraudulent conduct,in connection with the presentation or settlementof a claim.

This provision applies only in excess of the mini-mum limits required under the Missouri MotorVehicle Financial Responsibility law for third par-ties legally entitled to recover damages under PartA — Liability Coverage of the policy.

LEGAL ACTION AGAINST US

A. No legal action may be brought against usuntil there has been full compliance with allthe terms of this policy. In addition, underPart A — Liability Coverage no legal actionmay be brought against us until:

1. We agree in writing that the insured hasa legal obligation to pay damages; or

2. The amount of that obligation has beenfinally determined by judgment after trial.

B. No person or organization has any rightunder this policy to bring us into any action todetermine the legal liability of an insured.

OUR RIGHT TO RECOVER PAYMENT

A. If we make a payment under this policy andthe person to or for whom payment wasmade has a right to recover damages fromanother person, entity or organization weshall be subrogated to that right. That personshall:

1. Do whatever is necessary to enable usto exercise our rights; and

2. Do nothing after loss to prejudice them.

However, our rights in this paragraph (A.) donot apply under:

1. Part D — Coverage for Damage to YourAuto against any person using yourcovered auto with your express orimplied permission or other personhaving lawful possession and is notusing a vehicle beyond the scope of thepermission granted.

2. Part B — Medical Payments Coverageof this policy.

B. If we make a payment under this policy andthe Person to or for whom payment is maderecovers damages from another, that personshall:

1. Hold in trust for us the proceeds of therecovery; and

2. Reimburse us to the extent of our pay-ment.

C. 1. Our rights do not apply under paragraphA. with respect to Underinsured Motor-ists Coverage if:

a. We have been given prompt writtennotice of a tentative settlementbetween an insured and theinsurer of an underinsured motorvehicle; and

b. We fail to advance payment to theinsured in an amount equal to thetentative settlement within 30 daysafter receipt of notification.

2. If we advance payment to the insured inan amount equal to the tentative

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settlement within 30 days after receipt ofnotification:

a. That payment will be separate fromany amount the insured is entitledto recover under the provisions ofUnderinsured Motorists Coverage;and

b. We also have a right to recover theadvanced payment.

TERMINATION

A. Cancellation. This policy may be canceledduring the policy period as follows:

1. The named insured shown in the Decla-rations may cancel by:

a. returning this policy to us; or

b. giving us advance written or verbalnotice of the date cancellation is totake effect. We may waive therequirement the notice be in writingby confirming the date and time ofcancellation to you in writing.

2. We may cancel by mailing to the namedinsured shown in the Declarations at theaddress last known to us:

a. at least 10 days notice:

(1) if cancellation is for nonpay-ment of premium; or

(2) if notice is mailed during thefirst 60 days this policy is in ef-fect and this is not a renewalpolicy; or

b. at least 30 days notice by UnitedStates Post Office certificate ofmailing in all other cases.

3. After this policy is in effect for 60 days,or if this is a renewal policy, we will can-cel only:

a. for nonpayment of premium; or

b. if your driver’s license has beensuspended or revoked during thepolicy period.

However, in the event more thanone person is a named insuredshown in the Declarations and onlyone named person’s driver’ s li-cense has been suspended orrevoked we:

(1) may not cancel this policy; but

(2) may issue an exclusion provid-ing that coverage will not beafforded to that named personunder the terms of this policywhile that person is operatingyour covered auto during anyperiod of suspension or revo-cation.

B. Nonrenewal. If we decide not to renew thispolicy, we will mail notice by United StatesPost Office certificate of mailing to the namedinsured shown in the Declarations at the ad-dress last known to us in this policy. Noticewill be mailed at least 30 days before the endof the policy period.

C. Automatic Termination. If we offer to renewand you or your representative do not accept,this policy will automatically terminate at theend of the current policy period. Failure topay the required renewal premium when dueshall mean that you have not accepted ouroffer.

Coverage for your covered auto shall auto-matically terminate on the effective date ofany other motor vehicle insurance policycovering that vehicle.

D. Other Termination Provisions.

1. If the law in effect in your state at thetime this policy is issued or renewed:

a. requires a longer notice period;

b. requires a special form of orprocedure for giving notice; or

c. modifies any of the statedtermination reasons;

we will comply with those requirements.

2. Proof of mailing of any notice shall besufficient proof of notice.

3. If this policy is canceled, you may be en-titled to a premium refund. If so, we willsend you the refund. The premium re-fund, if any, will be computed accordingto our manuals. However, making or of-fering to make the refund is not acondition of cancellation.

4. The effective date of cancellation statedin the notice shall become the end of thepolicy period.

TRANSFER OF YOUR INTEREST IN THISPOLICY

A. Your rights and duties under this policy maynot be assigned without our written consent.However, if a named insured shown in theDeclarations dies, coverage will be providedfor:

1. The surviving spouse, civil partner ordomestic partner if resident in thesame household at the time of death.Coverage applies to the spouse, civilpartner or domestic partner as if anamed insured shown in the Declara-tions; and

2. The legal representative of the de-ceased person as if a named insuredshown in the Declarations. This appliesonly with respect to the representative’slegal responsibility to maintain or useyour covered auto.

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B. Coverage will only be provided until the endof the policy period.

TWO OR MORE AUTOS INSURED; TWO ORMORE AUTO POLICIES

If this policy insures two or more autos or if anyother auto insurance policy issued to you by usapplies to the same accident, the maximum limitof our liability shall not exceed the highest limitapplicable to any one auto. In no event shall thelimit of liability of two or more motor vehicles ortwo or more policies be added together,combined, or stacked to determine the limit ofinsurance coverage available to you or anyinsured.

1. This provision does not apply to Unin-sured Motorists Coverage.

2. No one will be entitled to receiveduplicate payments for the sameelements of loss under UninsuredMotorists Coverage.

LOSS PAYABLE CLAUSE

As to the interest of the loss payee, this policy willremain in effect from the inception date and untilten days after proof of mailing that the cancella-tion notice has been mailed to the loss payee.When we pay the loss payee we shall, to theextent of payment, have the loss payee’ s rights ofrecovery.

Where fraud, misrepresentation, material omis-sion, or intentional damage has been committedby or at the direction of any insured, or where theloss is otherwise not covered under the terms ofthe policy, the loss payee or lienholder’ s interestwill not be protected.

STORAGE COSTS

If you give us your consent, we may move thedamaged property, at our expense, to reduce

storage costs during the claims process. If you donot give us your consent, we will pay only thestorage costs which would have resulted if we hadmoved the damaged property.

NAMED DRIVER EXCLUSION

If there is an excluded driver under this policy,then we will not provide coverage for any claimarising from an accident or loss involving a motorvehicle being operated by that excluded person.This includes any claim for damages madeagainst you or any family member or any otherperson or organization that is vicariously liable foran accident arising out of the operation of a motorvehicle by the excluded driver. Only a member ofyour household may be excluded under thispolicy.

MISSOURI PROPERTY AND CASUALTYINSURANCE GUARANTY ASSOCIATIONCOVERAGE LIMITATIONS

Subject to the provisions of the Missouri Propertyand Casualty Insurance Guaranty Association Act(to be referred to as the Act), if we are a memberof the Missouri Property and Casualty InsuranceGuaranty Association (to be referred to as theAssociation) the Association will pay claims cov-ered under the Act if we become insolvent.

Payments made by the Association for coveredclaims will include only that amount of each claimwhich is less than $300,000. However, the Asso-ciation will not pay an amount in excess of theapplicable limit of liability of the policy from whicha claim arises.

The claims covered by the Association are subjectto the limitations of coverage provided by the Act.These limitations have no effect on the coveragewe will provide under this policy.

ADDITIONAL COVERAGES

AGREEMENT: WE WILL PROVIDE THE INSURANCE DESCRIBED IN EACH OF THE FOLLOWINGADDITIONAL COVERAGES ONLY IF INDICATED IN THE DECLARATIONS.

UNDERINSURED MOTORISTS COVERAGE

INSURING AGREEMENT

A. We will pay compensatory damages whichan insured is legally entitled to recover fromthe owner or operator of an underinsuredmotor vehicle because of bodily injury:

1. Sustained by that insured; and

2. Caused by an accident.

The owner’s or operator’s liability for thesedamages must arise out of the ownership,maintenance or use of the underinsuredmotor vehicle.

Any judgment for damages arising out of asuit brought without our written consent is notbinding on us.

We will pay under this coverage only if 1. or2. below applies:

1. The limits of liability under any applica-ble bodily injury liability bonds or policieshave been exhausted by payment ofjudgments or settlements; or

2. A tentative settlement has been madebetween an insured and the insurer ofthe underinsured motor vehicle andwe:

a. have been given prompt writtennotice of such tentative settlement;and

b. advance payment to the insured inan amount equal to the tentative

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settlement within 30 days afterreceipt of notification.

B. “Insured” as used in this coverage means:

1. You or any family member.

2. Any other person occupying your cov-ered auto with your express or impliedpermission. The actual use must bewithin the scope of that permission.

3. Any person for damages that person isentitled to recover because of bodily in-jury to which this coverage appliessustained by a person described in 1. or2. above.

C. “Underinsured motor vehicle” means aland motor vehicle or trailer of any type towhich a bodily injury liability bond or policyapplies at the time of the accident but theamount paid for bodily injury is not enoughto pay the full amount the insured is legallyentitled to recover as damages.

However, underinsured motor vehicle doesnot include any vehicle or equipment:

1. To which a bodily injury liability bond orpolicy applies at the time of the accidentbut its limit for bodily injury liability isless than the minimum limit for bodily in-jury liability specified by the Missourifinancial responsibility law.

2. Owned by or furnished or available forthe regular use of you or any familymember.

3. Owned by any governmental unit oragency.

4. Operated on rails or crawler treads.

5. Designed mainly for use off public roadswhile not upon public roads.

6. While located for use as a residence orpremises.

7. Owned or operated by a person qualify-ing as a self-insurer under anyapplicable motor vehicle law.

8. To which a bodily injury liability bond orpolicy applies at the time of the accidentbut the bonding or insuring company:

a. Denies coverage; or

b. Is or becomes insolvent.

EXCLUSIONS

A. We do not provide Underinsured MotoristsCoverage for bodily injury sustained:

1. By an insured while occupying, orwhen struck by, any motor vehicleowned by that insured which is not in-sured for this coverage under this policy.This includes a trailer of any type usedwith that vehicle.

2. By any family member while occupy-ing, or when struck by, any motorvehicle you own which is insured for thiscoverage on a primary basis under anyother policy.

B. We do not provide Underinsured MotoristsCoverage for bodily injury sustained by anyinsured:

1. If that insured or the legal representa-tive settles the bodily injury claimwithout our consent.

2. While occupying your covered autowhen it is being used as a public or liv-ery conveyance. This exclusion (B.2.)does not apply to a share-the-expensecar pool.

3. While using any vehicle while employedin the pickup or delivery of newspapersor magazines, food or any products forthe purpose of compensation. This ex-clusion does not apply to delivery that isincidental to an insured’s business.

4. While using a vehicle without the ex-press or implied permission of the owneror other person having lawful posses-sion, or using a vehicle beyond thescope of the permission granted. How-ever, this exclusion does not apply toyou or any family member using yourcovered auto.

5. While using any vehicle while it is:

a. operating on a surface designed orused for racing except for anorganized and controlled event thatis not a speed, performance, stuntor demolition event;

b. participating in a high performancedriving or racing instruction courseor school; or

c. preparing for, practicing for, usedin, or competing in any prearrangedor organized:

(1) race activity; or

(2) speed, performance, stunt, ordemolition contest or exhibition.

C. This coverage shall not apply directly orindirectly to benefit any insurer or self-insurerunder any of the following or similar law:

1. Workers compensation law; or

2. Disability benefits law.

D. We do not provide Underinsured MotoristsCoverage for punitive or exemplary dam-ages.

LIMIT OF LIABILITY

A. The limit of liability shown in the Declarationsfor “each person” for Underinsured Motorists

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Coverage is our maximum limit of liability forall damages, including damages for care,loss of services or death (including loss ofconsortium and wrongful death), arising outof bodily injury sustained by any one personin any one accident.

Subject to this limit for “each person”, the lim-it of liability shown in the Declarations for“each accident” for Underinsured MotoristsCoverage is our maximum limit of liability forall damages for bodily injury resulting fromany one accident.

This is the most we will pay regardless of thenumber of:

1. Insureds;

2. Claims made;

3. Vehicles or premiums shown in the Dec-larations; or

4. Vehicles involved in the accident.

If more than one vehicle is insured under thispolicy, or if more than one policy issued tothe insured applies to the same accident,the limits applicable to Underinsured Motor-ists Coverage may not be stacked.

B. If Combined Single Limit Underinsured Mo-torists Coverage applies Paragraph A. isreplaced by the following:

The limit of liability shown in the Declarationsfor Underinsured Motorists Coverage is ourmaximum limit of liability for all damages be-cause of bodily injury resulting from anyone accident. This is the most we will pay re-gardless of the number of:

1. Insureds;

2. Claims made;

3. Vehicles or premiums shown in the Dec-larations; or

4. Vehicles involved in the accident.

If more than one vehicle is insured under thispolicy, or if more than one policy issued tothe insured applies to the same accident,the limits applicable to Underinsured Motor-ists Coverage may not be stacked.

C. No one will be entitled to receive duplicatepayments for the same elements of loss un-der this coverage and Part A — LiabilityCoverage, Part B — Medical Payments Cov-erage or Part C — Uninsured MotoristsCoverage of this policy.

D. We will not make a duplicate payment underthis coverage for any element of loss forwhich payment has been made by or on be-half of persons or organizations who may belegally responsible.

E. A vehicle and attached trailer are consideredone vehicle. Therefore the limits of liability

will not be increased for an accident involvinga vehicle which has an attached trailer.

F. We will not pay for any element of loss if aperson is entitled to receive payment for thesame element of loss under any of the follow-ing or similar law:

1. Workers compensation law; or

2. Disability benefits law.

OTHER INSURANCE

If there is other applicable underinsured motoristinsurance available under one or more policies orprovisions of coverage:

1. Any recovery for damages under allsuch policies or provisions of underin-sured motorist coverage may equal butnot exceed the highest applicable limitfor any one vehicle under any insuranceproviding underinsured motorist cover-age on either a primary or excess basis.

2. Any underinsured motorist insurance weprovide with respect to a vehicle you donot own shall be excess over any col-lectible underinsured motorist insuranceproviding coverage on a primary basis.However, the maximum limit of our liabil-ity shall not exceed the highest limitapplicable to any one auto.

3. If the underinsured motorist coverageunder this policy is provided:

a. On a primary basis, we will pay onlyour share of the loss that must bepaid under insurance providingunderinsured motorist coverage on aprimary basis. Our share is theproportion that our underinsuredmotorist limit of liability bears to thetotal of all applicable underinsuredmotorist limits of liability for coverageprovided on a primary basis.

b. On an excess basis, we will payonly our share of the loss that mustbe paid under underinsuredmotorists insurance providingcoverage on an excess basis. Ourshare is the proportion that our limitof liability for underinsured motoristscoverage bears to the total of allapplicable limits of liability forunderinsured motorist coverageprovided on an excess basis.

ADDITIONAL DUTIES

A person seeking Underinsured Motorists Cover-age must also promptly:

1. Send us copies of the legal papers if asuit is brought; and

2. Notify us in writing of a tentativesettlement between the insured and theinsurer of the underinsured motor

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vehicle and allow us 30 days toadvance payment to that insured in anamount equal to the tentative settlementto preserve our rights against theinsurer, owner or operator of suchunderinsured motor vehicle.

ROADSIDE ASSISTANCE COVERAGE CALL1-877-ROAD 101 (1-877-762-3101)

“Your covered auto” as used in this endorse-ment means a private passenger vehicle, motorhome or trailer owned by you and for which aspecific premium is shown on the Declarations forthis coverage.

The following coverages apply to each vehicle forwhich this coverage is shown on the Policy Decla-rations:

1. Each time your covered auto or anynon-owned auto is disabled due to me-chanical or electrical breakdown we willpay reasonable and necessary expens-es for the use of an authorized serviceprovider to tow or flatbed your coveredauto or non-owned auto up to 15 milesor to the nearest qualified place wherenecessary repairs can be made duringregular business hours.

2. Each time your covered auto or anynon-owned auto is disabled requiring:

a. Towing to dislodge the vehicle fromits place of disablement within 100feet of a public street or highway; or

b. Labor, including change of tire, atthe place of its breakdown; or

c. Delivery of fuel, oil, water or otherfluids (we do not pay the costs ofthese items); or

d. Key lock-out services;

we will cover up to one (1) hour of laborfor the use of an authorized serviceprovider for service at the place ofdisablement.

3. For policies with a 6 month policy term,coverage is limited to no more than twooccurrences per vehicle plus an addi-tional two occurrences per policy in a 6month policy period for both coverages1. and 2., above.

4. For policies with an annual policy term,coverage is limited to no more than fouroccurrences per vehicle plus an addi-tional four occurrences per policy in a 12month policy period for both coverages1. and 2.

Authorized service provider means a ser-vice provider contracted by us providing, at

no charge to you, roadside assistance as de-scribed and limited above.

When service is provided by other than anauthorized service provider, we will reim-burse you only for reasonable charges asdetermined by us.

No deductible applies to this coverage.

LOSS OF USE COVERAGE

The provisions and exclusions that apply to Part D— Coverage for Damage to Your Auto also applyto this coverage except as changed below:

When there is a loss to any vehicle described inthe Declarations for which a specific premiumcharge indicates that Loss of Use Coverage isafforded, we will reimburse you for expenses youincur to rent a substitute vehicle.

This coverage applies only if:

1. The vehicle is withdrawn from use formore than 24 hours;

2. The loss is caused by collision, or iscovered by the Comprehensive Cover-age of this policy; and

3. The loss exceeds the appropriatecollision or comprehensive deductibleapplying to the vehicle.

However, this coverage does not apply to lossescaused by collision if Collision Coverage doesnot apply to the vehicle.

Our payment will be limited to that period of timereasonably required to repair or replace the vehicle.We will pay up to the amount per day and the maxi-mum shown for Loss of Use in the Declarations.

No deductible applies to this coverage.

FULL SAFETY GLASS COVERAGE

We will pay under Comprehensive Coverage forthe cost of repairing or replacing damaged safetyequipment on your covered auto without adeductible. We will pay only if:

1. The Declarations indicates that Com-prehensive Coverage applies; and

2. A specific premium charge for Full Safe-ty Glass Coverage is shown in theDeclarations for your covered auto.

“Safety equipment”, as used in this coveragemeans the:

1. Glass used in the windshield, doors andwindows of your covered auto; and

2. Glass, plastic or other material used inthe lights of your covered auto.

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