OKLAHOMA
Issued to:
PDU41
Page 1
TABLE OF CONTENTS
GENERAL PROVISIONS
Insuring Agreement ........... ................................. 2
When And Where The Policy Applies ...................... 2
Conformity To State Statutes ................................ 2
Insurance Coverage In Mexico .............................. 2
Definitions Used Throughout The Policy ................. 3
Premium Changes ................................................ 3
Coverage Changes ............................................... 4
Duty To Report Policy Changes ............................. 4
Notice.................................................................. 4 4
What To Do If There Is A Loss .............................. 4
Medical Reports ................................................... 5
Assistance And Cooperation Of The Insured ........... 5
Subrogation Rights ....... .............................. ......... 5
Combining Limits Of Two Or More Autos
Prohibited .............. ....................................... 5
Transfer ...................... ....................................... 5
Payment ..................... ....................................... 5
Conditional Reinstatement .................................... 5
Fraud Or Misrepresentation ................................... 5
Cancellation .... .....................................................6 6
Non-Renewal ........... .. .... ..................................... 6
Loss Reduction Items ........................................... 6
Action Against Allstate .......................................... 6
Bankruptcy Or Insolvency ......................................6
Part 1―Automobile Liability Insurance
(Coverage AA and BB)
General Statement of Coverage .. .......................... 7
Our Right to Appeal .................. .......................... 7
Additional Payments Allstate Will Make .................. 7
Additional Definition For Part 1 .............................. 7
Exclusions ― What Is Not Covered ........................ 8
Financial Responsibility ......................................... 9
Limit Of Liability ................................................... 9
If There Is Other Insurance .................................. 9
Additional Interested Parties . ............................... 9
Part 2―Automobile Medical Payments
(Coverage CC)
General Statement of Coverage ...........................9
Additional Definitions For Part 2 ..........................10
Exclusions ― What Is Not Covered ...................... 10
Limit Of Liability .... ............................................ 11
Unreasonable Or Unnecessary
Medical Expenses . ………………………………………11
If There Is Other Insurance ................................ 12
Part 3―Uninsured Motorists Insurance
(Coverage SS)
General Statement of Coverage .......................... 12
An Uninsured Auto Is ………………………………………..12
An Uninsured Auto Is Not ................................... 12
Additional Definitional For Part 3 ………………………..12
Exclusions ― What Is Not Covered ...................... 13
Limits Of Liability ............. ............ .................... 13
Non-Duplication of Benefits ................................ 14
If There Is Other Insurance ................................ 14
Notice of Settlement Agreement ………………………..14
Trust Agreement ............................................... 14
Payment Of Loss By Allstate ............................... 14
Legal Actions ..................................................... 14
If We Cannot Agree ........................................... 14
Part 4―Protection Against Loss To The Auto
(Coverages DD, HH, JJ, LG, RC,
UU, ZA, ZZ)
Insuring Agreements For Each Coverage ............ 15
Additional Payments Allstate
Will Make Under Part 4 ................................ 16
Additional Definitions For Part 4 ......................... 16
Losses We Do Not Cover ................................... 17
Payment Of Loss By Allstate .............................. 18
Appraisal ......................................................... 18
Limit Of Liability ............................................... 18
If There Is Other Insurance ............................... 19
No Benefit To Bailee ......................................... 19
Loss Payable Clause .......................................... 19
Page 2
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
A Stock Company
Home Office: Northbrook, Illinois 60062
GENERAL PROVISIONS
The following provisions apply to all parts of the
policy except where otherwise noted.
Insuring Agreement
This policy is a legal contract between you and us.
A coverage applies only when a premium for it is
shown on the Policy Declarations. If more than one
auto is insured, premiums will be shown for each
auto. We may find it necessary to issue you two or
more different policy numbers for this one policy.
Even if we issue two or more policy numbers, this
shall still constitute one policy. Your Policy
Declarations lists the policy numbers applicable. If
you pay the premiums when due and comply with
the policy terms, Allstate, relying on the
information you have given us, makes the following
agreements with you.
You agree to review your Policy Declarations to
confirm which of the available coverages and limits
described in this policy have been issued to you.
You agree to also review those sections of this
policy which relate to those coverages issued to
you so that you fully understand the insurance
protection you are receiving. Failure to review this
policy, including your Policy Declarations, will not
relieve you of this obligation. You should contact
Allstate, or the agent listed on your Policy
Declarations, immediately if you have any
questions about the coverages or limits, if you
believe there is any mistake about the coverages or
limits issued to you, or if you have any questions
or do not understand anything in this policy.
While your agent can help answer many specific
questions about the coverages, only you can
determine if you have selected the insurance
coverages you need and that those coverages have
actually been issued to you.
The terms of this policy impose joint obligations on
persons defined in applicable sections of this policy
as insured persons. This means that the
responsibilities, acts and omissions of a person
defined as an insured person will be binding upon
other person(s) defined as insured person(s).
When And Where The Policy Applies
Your policy applies only during the policy period.
During this time, it applies to covered losses to the
insured auto, accidents, and occurrences within
the United States, its territories or possessions,
Canada, and between their ports. The policy period
is shown on the Policy Declarations.
Conformity To State Statutes
When any policy provision is in conflict with the law
of the state in which the insured auto is principally
garaged, the minimum requirements of the law of
the state apply.
Insurance Coverage In Mexico
Prior to entering and driving in Mexico, you must
check with the appropriate Mexican authorities
regarding automobile insurance requirements.
Automobile accidents in Mexico are subject to the
laws of Mexico, NOT the United States. In Mexico,
an automobile accident can be considered a
CRIMINAL OFFENSE as well as a civil matter.
In some cases, part or all of this policy may NOT be
recognized by Mexican authorities and we may not
be allowed to provide any insurance coverage at all
in Mexico. For your protection, you should
consider purchasing automobile insurance
coverage from a licensed Mexican insurance
company before driving into Mexico.
However, when permitted, protection will be
afforded under those coverages for which a
premium is shown on the Policy Declarations for
an insured auto while that insured auto is
within 75 miles of the United States border and
only for a period not to exceed ten days after each
separate entry into Mexico.
If loss or damage occurs which may require repair
of the insured auto or replacement of any Part(s)
while the insured auto is in Mexico, the basis for
adjustment of the claim will be as follows: Any
amount payable resulting from any covered loss or
damage occurring in Mexico shall be payable in the
United States. We will not be liable for more than
the cost of having the repairs made or parts
replaced at the nearest point in the United States
where repairs or replacements can be performed.
The costs for towing, transportation, and salvage
operations of the insured auto while within Mexico
are not covered under this policy.
Page 3
Definitions Used Throughout The Policy
The following definitions apply throughout the
policy unless otherwise indicated. Defined words
are printed in bold face type.
1. "Additional Auto" means an auto or utility
auto of which you become the owner during
the policy period. This auto will be covered by
Allstate or one of its affiliates as of the date
you acquired the auto if:
a. Allstate or one of its affiliates insures all
other private passenger autos and utility
autos you own;
b. the newly acquired auto or utility auto
is not covered under any other automobile
insurance policy;
c. you tell us within 30 days of acquiring the
auto or utility auto;
d. Allstate or one of its affiliates agrees to
continue coverage for this additional
auto or utility auto; and
e. you pay any additional premium.
2. "Allstate," "We," "Us," or "Our" means the
company shown on the Policy Declarations.
3. "Auto" means a private passenger land motor
vehicle, with at least four wheels designed for
use on public roads.
4. "Bodily Injury" means physical harm to
the body, sickness, disease, or death, but
does not include:
a. Any venereal disease
b. Herpes;
c. Acquired Immune Deficiency Syndrome
(AIDS);
d. AIDS Related Complex (ARC);
e. Human Immunodeficiency Virus (HIV);
or any resulting symptom, effect,
condition, disease or illness related to a.
through e. listed above.
5. "Insured Auto" means any auto or utility auto
you own which is described on the Policy
Declarations. This also includes:
a. A replacement auto;
b. An additional auto;
c. A substitute auto;
d. A non-owned auto; or,
e. A trailer while attached to an insured
auto. The trailer must be designed for
use with an auto or utility auto. This
trailer can't be used for business
purposes with other than an auto or
utility auto.
This definition (e.) does not apply to
Uninsured Motorists Insurance.
6. "Non-owned Auto" means an auto used by
you or a resident relative with the owner's
permission but which is not:
a. owned by you or a resident relative, or
b. available or furnished for the regular use
of you or a resident relative.
7. "Replacement Auto" means a newly acquired
auto or utility auto you own which is a
permanent replacement for the auto described
on the Policy Declarations. You must notify us
within 30 days of acquisition and pay any
additional premium.
8. "Resident" means a person who physically
resides in your household with the intention to
continue residence there. We must be notified
whenever an operator becomes a resident of
your household. Your unmarried dependent
children while temporarily away from home
will be considered residents if they intend to
resume residing in your household.
9. "Substitute Auto" means a non-owned auto
being temporarily used by you or a resident
relative with the permission of the owner while
your insured auto is being serviced or
repaired, or if your insured auto is stolen or
destroyed.
10. "Utility Auto" means an auto of the pick-up
body, sedan delivery or panel truck type. This
auto must have a gross vehicle weight of
10,000 pounds or less, according to
manufacturer's specifications.
11. "You" or "Your" means the policyholder
named on the Policy Declarations and that
policyholder's resident spouse.
Premium Changes
The premium for each auto is based on information
Allstate has received from you or other sources.
You agree to cooperate with us in determining if
this information is correct, if it is complete, and if it
changes during the policy period. You agree that if
Page 4
this information changes or is incorrect or
incomplete, we may adjust your premium
accordingly during the policy period.
Changes which result in a premium adjustment are
described in our rules. These changes include, but
are not limited to:
1. autos insured by the policy, including
changes in use;
2. drivers residing in your household, their ages
or marital status;
3. coverages or coverage limits;
4. rating territory; and
5. discount or surcharge applicability.
Any calculation or adjustment of your premium will
be made using the rules, rates and forms in effect,
and on file if required, for our use in your state.
Coverage Changes
When Allstate broadens a coverage during the
policy period without additional charge, you have
the new feature if you have the coverage to which
it applies. The new feature applies on the date the
coverage change is effective in your state.
Otherwise, the policy can be changed only by
endorsement. Any change in your coverage will be
made using the rules, rates and forms in effect, and
on file if required, for our use in your state.
Duty To Report Policy Changes
Your policy was issued in reliance on the
information you provided concerning autos,
persons insured by the policy and your place of
residence. To properly insure your auto, you must
promptly notify us when you change your address
or whenever any resident operators insured by
your policy are added or deleted.
You must notify us within 30 days when you
acquire an additional auto. If you don't, the
coverages under this policy will not apply to the
additional auto.
When you acquire an additional auto or utility
auto it will be covered by Allstate or one of its
affiliates for 30 days immediately after you acquire
ownership. However, Allstate or one of its affiliates
will provide this coverage only if Allstate or one of
its affiliates insures all other autos and utility autos
you own, no other insurance policy provides
coverage for this auto, and you pay the additional
premium.
Coverage will be continued beyond this 30 day
period only if:
a. you ask us to continue coverage within 30
days after you acquire the auto or utility auto;
b. Allstate or one of its affiliates agrees to
continue coverage for this additional auto or
utility auto; and
c. you pay the additional premium.
If you don't notify us within 30 days of acquiring a
replacement auto, the coverage under Part 4,
Protection Against Loss To The Auto, of this policy
will not apply to the replacement auto.
Notice
Your notice to an authorized Allstate agent shall be
deemed to be notice to us.
What To Do If There Is A Loss
1. If an insured person has an accident involving
a motor vehicle, Allstate or any authorized
agent of Allstate must be informed as soon
as possible of all details. As soon as possible,
any person making a claim must give us
written proof of loss, including all details we
may need to determine the amounts payable.
2. We may require any person making a claim to
file with us a sworn proof of loss. We may also
require that person to submit to examinations
under oath, separately and apart from others,
and to sign the transcript.
3. If an insured person is sued as the result of a
motor vehicle accident, we must be informed
immediately.
4. You must allow us to inspect the damaged
property.
5. You must protect the auto from further loss.
We will pay reasonable expenses to guard
against further loss. If you don't protect the
auto, further loss is not covered.
6. You must report all theft losses promptly to
the police.
Page 5
Medical Reports
The injured person may be required to take medical
examinations by physicians we choose, as often as
we reasonably require. We must be given
authorization to obtain medical reports and other
records pertinent to the claim.
Assistance And Cooperation Of The
Insured
An insured person must cooperate with us in the
investigation, settlement and defense of any claim
or lawsuit. If we ask, that person must also help us
obtain payment from anyone who may be jointly
responsible.
We are not obligated to provide reimbursement if
an insured person voluntarily takes any action or
makes any payments other than for covered
expenses for bail bonds or first aid to others. Under
Uninsured Motorists Insurance, we may require an
insured person to take proper action to preserve all
rights to recover damages from anyone
responsible for the bodily injury.
Subrogation Rights
When we pay, an insured person's rights of
recovery from anyone else become ours up to the
amount we have paid. An insured person must
protect these rights and, at our request, help us
enforce them. With respect to Automobile Medical
Payments only, this provision does not apply to
you or a resident relative.
Combining Limits 0f Two Or More Autos
Prohibited
The coverage limits applicable to any one auto or
utility auto shown on the Policy Declarations will
not be combined with or added to the coverage
limits applicable to any other auto or utility auto
shown on the Policy Declarations or covered by the
policy. This means that no stacking or aggregation
of coverages will be allowed by this policy. This is
true even though a separate premium is charged
for each of those autos or utility autos. This is true
regardless of the number of:
1. vehicles or persons shown on the Policy
Declarations;
2. vehicles involved in the accident;
3. persons seeking damages as a result of the
accident; or
4. insured persons from whom damages are
sought.
If two or more autos or utility autos are shown on
the Policy Declarations and one of these autos or
utility autos is involved in an accident to which
coverage applies, the coverage limits shown on the
Policy Declarations for the involved auto will apply.
If a covered accident involves an auto other than
one shown on the Policy Declarations, or if an
insured person is struck as a pedestrian in a
covered accident, the highest coverage limits
shown on the Policy Declarations for the applicable
coverage for any one auto will apply.
Transfer
This policy can't be transferred to another person
without our written consent. However, if you die,
this policy will provide coverage until the end of the
policy period for your legal representative while
acting as such and for persons covered on the date
of your death.
Payment
If your initial premium payment for your first policy
period is by check, draft, or any remittance other
than cash, such payment is conditional upon the
check, draft, or remittance being honored upon
presentation. If such check, draft, or remittance is
not honored upon presentation, this policy shall be
deemed void from its inception. This means that
Allstate will not be liable under this policy for any
claims or damages which would otherwise be
covered had the check, draft, or remittance been
honored upon presentation.
Conditional Reinstatement
If we mail a cancellation notice because you didn't
pay the required premium when due and you then
tender payment by check, draft, or other remittance
which is not honored upon presentation, your
policy will terminate on the date and time shown on
the cancellation notice and any notice we issue
which waives the cancellation or reinstates
coverage is void. This means that Allstate will not
be liable under this policy for claims or damages
after the date and time indicated on the cancellation
notice.
Fraud Or Misrepresentation
Your policy was issued in reliance on the
information you provided on your auto insurance
application concerning autos and persons insured
by the policy. If it is determined that your policy
was obtained through material misrepresentation,
fraud or concealment of material facts, or if any
Page 6
material misrepresentation was made on your auto
insurance application, your policy may be deemed
void from its inception. This means that we will not
be liable for any claims or damages which would
otherwise be covered.
WARNING: Any person who knowingly, and with
intent to injure, defraud or deceive any insurer,
makes any claim for the proceeds of an insurance
policy containing any false, incomplete or
misleading information is guilty of a felony.
Cancellation
Your Right to Cancel:
You may cancel this policy by notifying us of the
future date you wish to stop coverage. Any
unearned premium amounts under $2.00 will be
refunded only upon your request.
Our Right to Cancel:
During the policy period, Allstate may cancel part
or all of this policy by mailing notice to you at your
last known address. If we cancel because you
didn't pay the premium, the date of cancellation will
be at least 10 days after the date of mailing. If we
cancel for any reason other than non-payment of
premium, notice will be as follows:
1. During the first 45 business days the original
policy is in effect, we will give you at least 10
days notice of cancellation.
2. After the first 45 business days, we will give
you at least 30 days notice.
After your policy has been in effect 45 business
days, Allstate won't cancel or reduce your
coverage during the policy period unless:
1. the premium isn't paid when due;
2. a. the policy was obtained or renewed
through material misrepresentation;
b. there is intentional material
misrepresentation in the submission of
any claim;
3. you, or any member of your household, has
had a drivers license or motor vehicle
registration suspended or revoked during the
last 12 months; or
4. Allstate has mailed notice within the first 45
business days that we don't intend to
continue the policy.
Our mailing the notice of cancellation to you at your
last mailing address known to us shall be sufficient
proof of receipt of notice. Coverage under this
policy will terminate on the effective date and hour
stated on the cancellation notice. Your return
premium, if any, will be calculated on a pro rata
basis and refunded at the time of cancellation or as
soon as possible. We will refund amounts under
$2.00 only upon your request. However, refund of
unearned premium is not a condition of
cancellation.
Non-Renewal
If we don't intend to renew your policy beyond the
current policy period, we will mail you notice at
least 30 days before the end of the policy period.
Proof of mailing the notice of non-renewal to you
shall be deemed proof of notice.
Loss Reduction Items
From time to time, we may provide you with certain
items designed to help you manage the risks you
face, loss reduction related items, discounts or
incentives not otherwise specified herein.
Action Against Allstate
No suit or action may be brought against us unless
there has been full compliance with all policy terms
and conditions.
If liability has been determined by judgment after
trial, or by written agreement among the insured,
the other person, and us, then whoever obtains this
judgment or agreement against an insured person,
may sue us up to the limits of this policy. However,
no one has the right to join us in a suit to determine
legal responsibility.
Bankruptcy Or Insolvency
The bankruptcy or insolvency of an insured person
or that person's estate will not relieve us of any
obligation under the policy.
Page 7
Part 1
Automobile Liability Insurance
Bodily Injury Liability ―
Coverage AA
Property Damage Liability
Coverage BB
Liability Insurance is provided in this policy in
accordance with coverage required by the
Compulsory Insurance Law of Oklahoma.
General Statement of Coverage
If a premium is shown on the Policy Declarations
for Bodily Injury Liability Coverage and Property
Damage Liability Coverage, Allstate will pay
damages which an insured person is legally
obligated to pay because of:
1. bodily injury sustained by any person, and
2. damage to, or destruction of, property,
including loss of use.
Under these coverages, your policy protects an
insured person from liability for damages arising
out of the ownership, maintenance or use, loading
or unloading of an insured auto.
We will not pay any punitive or exemplary
damages, fines or penalties under Bodily Injury
Liability or Property Damage Liability coverage.
We will defend an insured person sued as a result
of a covered accident involving an insured auto.
We will choose the counsel. We may settle any
claim or suit if we believe it is proper. We will not
defend an insured person sued for damages
arising out of bodily injury or property damage
which are not covered by this policy.
Our Right to Appeal
If an insured person or any other insurer elects not
to appeal a judgment, we may do so. We will pay
reasonable costs and interest incidental to the
appeal. We will not be liable for more than the limit
shown on your Policy Declarations plus the
reasonable costs and interest incidental to the
appeal.
Additional Payments Allstate Will Make
When we defend an insured person under Part 1,
we will pay:
1. up to $50 a day for the loss of wages or salary
if we ask that person to attend hearings or
trials. We won't pay for loss of other income.
We will pay other reasonable expenses
incurred at our request.
2. court costs for defense.
3. interest accruing on a judgment entered
against you, but only on that part of a
judgment entered against you which does not
exceed our limits of liability, until such time as
we have paid, formally offered, or
conditionally or unconditionally deposited in
court, the amount for which we are liable
under this policy. Interest will be paid only on
that part of a judgment entered against you
which does not exceed our limits of liability.
This means that under no circumstances will
we pay interest on that part of a judgment
entered against you which exceeds our stated
limits of liability.
4. premiums on appeal bonds and on bonds to
release attachments, but not in excess of our
limit of liability. We have no obligation,
however, to apply for or furnish these bonds.
We will repay an insured person for:
1. the cost of any bail bonds required because
of an accident or traffic law violation involving
the use of the insured auto. Payment won't
exceed $300 per bond. We have no obligation
to apply for or furnish a bond.
2. reasonable expenses incurred by an insured
person for first aid to other persons at the
time of an auto accident involving the insured
auto.
Additional Definition For Part 1
"Insured Person(s)" means:
1. While using your insured auto:
a. you,
b. any resident,
c. and any other person using it with your
permission.
2. While using a non-owned auto:
a. you, and
b. any resident relative.
Page 8
Exclusions―What Is Not Covered
Allstate will not pay for any damages an insured
person is legally obligated to pay because of:
1. bodily injury or property damage resulting
from the ownership, maintenance or use,
loading or unloading of the insured auto by
any person as an employee of the United
States government, while acting within the
scope of such employment. This exclusion
applies only if the provisions of the Federal
Tort Claims Act, as amended, require the
Attorney General of the United States to
defend that person in any civil action or
proceeding which may be brought for the
bodily injury or property damage.
2. bodily injury or property damage arising out
of the use of an insured auto while used to
carry persons or property for a charge, or the
use of any auto an insured person is driving
while available for hire by the public. This
exclusion does not apply to shared-expense
car pools.
3. bodily injury or property damage arising out
of auto or motor vehicle business operations
such as repairing, servicing, testing, washing,
parking, storing or selling of autos or motor
vehicles. However, this exclusion does not
apply to you, resident relatives, partners or
employees of the partnership of which you or
a resident relative are a partner, when using
your insured auto.
4. bodily injury or property damage arising out
of the use of a non-owned auto in any
business or occupation of an insured person.
However, this exclusion does not apply while
you, your chauffeur, or domestic servant are
using an auto or trailer.
5. bodily injury or property damage arising out
of the ownership, maintenance, or use of a
motor vehicle with less than four wheels.
6. bodily injury to an employee of any insured
person arising out of or in the course of
employment. This exclusion does not apply to
your domestic employee who is not required
to be covered by a worker's compensation law
or similar law.
7. bodily injury to a co-worker injured in the
course of employment. This exclusion does
not apply to you.
8. bodily injury to any person related to an
insured person by blood, marriage, or
adoption and residing in that person's
household, to the extent that the limits of
liability for this coverage exceed the limits of
liability required by the Oklahoma Financial
Responsibility Law.
9. damage to or destruction of property an
insured person owns, transports, is in charge
of, or rents. An auto operated by an insured
person is considered to be property in charge
of an insured person. However, a private
residence or a garage rented by that person is
covered.
10. bodily injury or property damage intended by,
or reasonably expected to result from, the
intentional or criminal acts or omissions of an
insured person. This exclusion applies even
if:
a. an insured person lacks the mental
capacity to control or govern his or her
conduct;
b. an insured person is temporarily insane
or temporarily lacks the mental capacity
to control or govern his or her conduct
or is temporarily unable to form any
intent to cause bodily injury or property
damage;
c. such bodily injury or property damage is
of a different kind or degree than
intended or reasonably expected; or
d. such bodily injury or property damage is
sustained by a different person than
intended or reasonably expected.
This exclusion applies regardless of whether
or not an insured person is actually charged
with, or convicted of, a crime.
This exclusion precludes coverage for any
insured persons under the policy regardless
of whether the person seeking coverage
participated in any way in the intentional or
criminal acts or omissions.
11. bodily injury or property damage which
would also be covered under nuclear energy
Page 9
liability insurance. This applies even if the
limits of that insurance are exhausted.
12. bodily injury or property damage arising out
of the participation in any prearranged or
organized racing or speed contest, or in
practice or preparation for any contest of this
type.
Financial Responsibility
When this policy is certified as proof under any
motor vehicle financial responsibility law, the
insurance under this part of the policy will comply
with the provisions of that law.
Limits Of Liability
The limits shown on the Policy Declarations are the
maximum we will pay for any single accident
involving an insured auto. The limit stated for each
person for bodily injury is our total limit of liability
for all damages because of bodily injury sustained
by one person, including all damages sustained by
anyone else as a result of that bodily injury.
Subject to the limit for each person, the limit stated
for each accident is our total limit of liability for all
damages for bodily injury. For property damage,
the limit stated for each accident is our total limit of
liability for property damage sustained in any single
accident involving an insured auto.
The liability limits shown on the Policy Declarations
may not be added to the limits for similar coverage
applying to other motor vehicles to determine the
limit of insurance coverage available. This applies
regardless of the number of:
1. policies involved;
2. vehicles involved;
3. persons covered;
4. claims made;
5. vehicles or premiums shown on the Policy
Declarations; or
6. premiums paid.
THIS MEANS THAT NO STACKING OR
AGGREGATION OF AUTOMOBILE LIABILITY
INSURANCE ― BODILY INJURY AND PROPERTY
DAMAGE WHATSOEVER WILL BE ALLOWED BY
THIS POLICY.
If none of the autos shown on the Policy
Declarations is involved in the accident, the highest
limit of liability shown on the Policy Declarations for
any one auto will apply.
An auto and attached trailer are considered one
auto. Also, an auto and a mounted camper unit,
topper, cap, or canopy are considered one auto.
If There Is Other Insurance
If more than one policy applies on a primary basis
to an accident involving your insured auto, we will
bear our proportionate share with other collectible
liability insurance.
If an insured person is using a substitute auto or
non-owned auto, our liability insurance will be
excess over other collectible insurance. However, if
an insured person is operating an insured auto
which is owned by a person, firm, or corporation in
the business of selling, leasing, repairing,
servicing, delivering, testing, road testing, parking,
or storing motor vehicles, our liability insurance will
apply on a primary basis.
Additional Interested Parties
If one or more additional interested parties are
listed on the Policy Declarations, the Automobile
Liability Insurance coverages of this policy will
apply to those parties as insureds.
We will mail or deliver at least 10 days notice to an
additional interested party if we cancel or make any
changes to this policy which adversely affect that
party's interest. Our notice will be considered
properly given if mailed to the last known address
of the additional interested party.
The naming of an additional interested party does
not increase that party's right to recovery under
this policy, nor does it impose an obligation for the
payment of premiums under this policy.
Part 2
Automobile Medical Payments
Coverage CC
General Statement of Coverage
If a premium is shown on the Policy Declarations
for Automobile Medical Payments, Allstate will pay
to or on behalf of an insured person all reasonable
Page 10
expenses actually incurred by the insured person
for necessary medical treatment, medical services
or medical products actually provided to the
insured person by a state licensed health care
provider. Ambulance, hospital, medical, surgical,
X-ray, dental, orthopedic and prosthetic devices,
professional nursing services, pharmaceuticals,
eyeglasses, hearing aids, and funeral expenses are
covered. Payment will be made only when bodily
injury is caused by a motor vehicle accident.
The treatment, services, or products must be
rendered within one year after the date of the
accident. This will be extended to five years if the
amount of insurance shown on the Policy
Declarations for this coverage is more than $5,000.
This coverage does not apply to any person to the
extent that the treatment is covered under any
workers' compensation law.
Additional Definitions For Part 2
1. "Insured Person(s)" means:
a. You and any resident relative who
sustains bodily injury while in, on,
getting into or out of, or getting on or off,
or when struck as a pedestrian by a
motor vehicle or trailer. The use of
non-owned autos must be with the
owner's permission.
b. Any other person who sustains bodily
injury while in, on, getting into or out of,
or getting on or off:
i. Your insured auto while being used
as a vehicle by you, a resident
relative, or any other person with
your permission.
ii. A non-owned auto or trailer if the
injury results from the operation or
occupancy by:
a. you,
b. your private chauffeur or
domestic servant on your
behalf, or
c. a resident relative.
2. "Motor Vehicle" means a land motor vehicle
designed for use on public roads.
Exclusions―What is not covered
This coverage does not apply to bodily injury:
1. intended by, or reasonably expected to result
from, the intentional or criminal acts or
omissions of an insured person. This
exclusion applies even if:
a. an insured person lacks the mental
capacity to control or govern his or her
own conduct;
b. an insured person is temporarily insane
or temporarily lacks the mental capacity
to control or govern his or her conduct
or is temporarily unable to form any
intent to cause bodily injury;
c. such bodily injury is of a different kind
or degree than intended or reasonably
expected; or
d. such bodily injury is sustained by a
different person than intended or
reasonably expected.
This exclusion applies regardless of whether
or not an insured person is actually charged
with, or convicted of, a crime.
This exclusion precludes coverage for any
insured persons under the policy regardless
of whether the person seeking coverage
participated in any way in the intentional or
criminal acts or omissions.
2. to you or a resident relative while in, on,
getting into or out of, or getting on or off, an
auto owned by you or a resident relative
which is not insured for this coverage.
3. to you or a resident relative while in, on,
getting into or out of, getting on or off, or
struck as a pedestrian by:
a. a vehicle operated on rails or
crawler-treads; or
b. a vehicle or other equipment designed
for use oft public roads, while not on
public roads.
4. to any person while in, on, getting into or out
of, or getting on or off:
a. an auto owned by you or a resident
relative while available for hire by the
public. This exclusion does not apply to
shared-expense car pools; or
b. an auto or trailer while used as a
residence or premises.
5. to any person, other than you or a resident
relative, while using a non-owned auto:
a. which is available for hire by the public;
Page 11
b. in auto or motor vehicle business
operations such as repairing, servicing,
testing, washing, parking, storing or
selling of autos or motor vehicles; or
c. in any other business or occupation.
Coverage is provided for you or your private
chauffeur or domestic servant while using an
insured auto or trailer in any other business
or occupation.
6. caused by war or warlike acts, including, but
not limited to, insurrection, rebellion, or
revolution.
7. to any person when bodily injury arises out
of participation in any prearranged or
organized racing or speed contest or in
practice or preparation for any contest of this
type.
8. to any person or dependent of a person to the
extent that such person or dependent is
eligible to receive benefits provided by the
U.S. government under a contract of
employment including past or present military
duty.
We will reimburse the U.S. government, as
required in Chapter 55 of Title 10 of the U.S.
Code, for expenses covered under this part of
the policy when it incurs such expenses on
behalf of an insured person through a facility
of the uniformed services.
Limit Of Liability
The limit shown on the Policy Declarations is the
maximum we will pay for all expenses incurred by
or for each person as the result of any one motor
vehicle accident.
The Coverage CC limit of liability shown on the
Policy Declarations may not be added to the limit(s)
for similar coverage applying to other autos or
motor vehicles to determine the limit of insurance
coverage available. This applies regardless of the
number of:
1. policies involved;
2. vehicles involved;
3. persons covered;
4. claims made;
5. vehicles or premiums shown on the Policy
Declarations; or
6. premiums paid.
THIS MEANS THAT NO STACKING OR
AGGREGATION OF AUTOMOBILE MEDICAL
PAYMENTS WHATSOEVER WILL BE ALLOWED BY
THIS POLICY.
If none of the autos shown on the Policy
Declarations is involved in the accident, the highest
limit of liability shown on the Policy Declarations for
any one auto will apply.
If an insured person dies as the result of a covered
motor vehicle accident, we will pay the least of the
following as a funeral expenses benefit:
1. $2,000; or
2. the Coverage CC limit of liability stated on the
Policy Declarations; or
3. the remaining portion of the Coverage CC limit
of liability not expended for other covered
medical expenses.
This funeral service expenses benefit does not
increase, and will not be paid in addition to, the limit
of liability shown on the Policy Declarations for
Automobile Medical Payments, Coverage CC. This
benefit is payable to the deceased insured person's
spouse if a resident of the same household at the
time of the accident. However, if the deceased is a
minor, the benefit is payable to either parent who is
a resident of the same household at the time of the
accident. In all other cases, the benefit is payable to
the deceased insured person's estate.
There will be no duplication of payments made
under the Bodily Injury Liability Coverage,
Uninsured Motorists Insurance, and Automobile
Medical Payments Coverage of this policy. All
payments made to or on behalf of any person
under this coverage will be considered as advance
payments to that person. Any damages payable
under the Bodily Injury Liability Coverage or
Uninsured Motorists Insurance Coverage of this
policy will be reduced by that amount.
Unreasonable Or Unnecessary Medical
Expenses
If the insured person incurs medical expenses
which we deem to be unreasonable or
unnecessary, we may refuse to pay for those
medical expenses and contest them.
If the insured person is sued by a medical services
provider because we refuse to pay medical
expenses which we deem to be unreasonable or
unnecessary, we will pay resulting defense costs,
Page 12
and pay any resulting judgment against the insured
person, up to the Automobile Medical Payments
policy limit. We will choose the counsel. The
insured person must cooperate with us in the
defense of any claim or lawsuit. If we ask the
insured person to attend hearings or trials, we will
pay up to $50 per day for loss of wages or salary.
We will also pay other reasonable expenses
incurred at our request.
No insured person may sue Allstate for medical
expenses Allstate deems unreasonable or
unnecessary unless:
1. the insured person has paid the entire
disputed amount to the medical services
provider; or
2. the medical services provider has expressly
threatened or initiated collection activity
toward the insured person.
If There Is Other Insurance
When this coverage applies to a substitute auto or
non-owned auto, Allstate will pay only after all
other collectible auto medical insurance has been
exhausted. When this coverage applies to a
replacement auto or additional auto, this policy
will not apply if you have other collectible auto
medical insurance.
Part 3
Uninsured Motorists Insurance
Coverage SS
General Statement of Coverage
If a premium is shown on the Policy Declarations
for Uninsured Motorists Insurance, we will pay
damages which an insured person is legally
entitled to recover from the owner or operator of an
uninsured auto because of: bodily injury sustained
by an insured person.
The bodily injury must be caused by accident and
arise out of the ownership, maintenance, or use of
an uninsured auto. We will not pay any punitive or
exemplary damages, fines or penalties under
Uninsured Motorists Insurance.
Coverage SS applies regardless of the number of
vehicles you own, operate or insure under this
policy.
An Uninsured Auto Is:
1. a motor vehicle which has no bodily injury
liability bond or insurance policy in effect at
the time of the accident.
2. a motor vehicle covered by a bond or
insurance policy which doesn't provide at
least the minimum financial security
requirements of the state in which your
insured auto is principally garaged.
3. a motor vehicle for which the insurer, other
than Allstate under this policy, denies
coverage or becomes insolvent.
4. a hit-and-run motor vehicle which causes
bodily injury to an insured person whether
or not physical contact was made with the
insured person or with a vehicle occupied by
that person. The identity of the operator and
the owner of the vehicle must be unknown.
The accident must be reported within 24
hours to the proper authorities. We must be
notified within 30 days. If the insured person
was occupying a vehicle at the time of the
accident, we have a right to inspect it.
5. an underinsured motor vehicle which has
bodily injury liability protection in effect and
applicable at the time of the accident, in an
amount equal to or greater than the amounts
specified for bodily injury liability by the
financial responsibility laws of Oklahoma, but
less than the applicable damages the insured
person is legally entitled to recover.
An uninsured auto is not:
1. a motor vehicle that is lawfully self-insured.
2. a motor vehicle which is insured under the
Automobile Liability Insurance of this policy.
Additional Definitions For Part 3
1. Insured Auto Means A Motor Vehicle:
a. you own. This includes any auto you
purchase:
i. as a replacement for the owned
motor vehicle.
ii. as an additional motor vehicle if
you tell us within 30 days after you
acquire the additional motor vehicle
and pay the additional premium, if
any.
b. you or a resident relative do not own but:
i. you are using.
ii. is being temporarily used:
Page 13
(a) when your owned auto is being
serviced or repaired; or
(b) because your owned auto was
stolen or destroyed.
This non-owned auto must be used only
with its owner's permission. It also must
not be furnished or available for your or
a resident relative's regular use.
A motor vehicle made available for public hire
by any insured person is not and cannot be an
insured auto under this policy.
2. "Insured Person(s)" means:
a. you and any resident relative.
b. any person while in, on, getting into or
out of, or getting on or off an insured
auto with your permission.
c. any other person who is legally entitled
to recover because of bodily injury to
you, a resident relative, or an occupant
of your insured auto with your
permission.
3. "Motor Vehicle" means a land motor vehicle
or trailer other than:
a. a vehicle or other equipment designed
for use off public roads, while not on
public roads,
b. a vehicle operated on rails or
crawler-treads, or
c. a vehicle when used as a residence or
premises.
Exclusions―What Is Not Covered
Allstate will not pay any damages an insured
person is legally entitled to recover because of:
1. bodily injury to any person, if that person or
that person's legal representative makes a
settlement without our written consent. This
will include any payment made by any person
on behalf of the uninsured motorist.
2. bodily injury arising out of the use of an
insured auto while used to carry persons or
properly for a charge, or the use of any auto
an insured person is driving while available
for hire by the public. This exclusion does not
apply to shared-expense car pools.
3. bodily injury if the payment would directly or
indirectly benefit any workers' compensation
or disability benefits insurer. This includes a
self-insurer.
Limits 0f Liability
The uninsured motorists limit stated on the
declarations page is the maximum amount payable
for this coverage by this policy for any one
accident. This means the insuring of more than one
auto for other coverages afforded by this policy will
not increase our limit of liability beyond the amount
shown on the declarations page.
The coverage limit shown on the Policy
Declarations for:
1. "each person" is the maximum that we will pay
for damages arising out of bodily injury to
one person in any one motor vehicle
accident, including all damages sustained by
anyone else as a result of that bodily injury.
2. "each accident" is the maximum we will pay for
damages arising out of all bodily injury in any
one motor vehicle accident. This limit is
subject to the limit for "each person."
Subject to the above limits of liability, damages
payable under Uninsured Motorists Insurance shall
be reduced by:
1. all amounts paid or payable by or on behalf of
the owner or operator of the uninsured auto,
or anyone else responsible. This includes all
sums paid under the bodily injury liability
coverage of this or any other auto insurance
policy.
2. all amounts paid or payable under any
disability benefits law, or similar law,
Automobile Medical Payments, or any similar
automobile medical payments coverage under
this or any other auto insurance policy.
We are not obligated to make any payment for
bodily injury, under this coverage which arises out
of the use of an underinsured motor vehicle until
after the limits of liability for all liability protection in
effect and applicable at the time of the accident
have been exhausted by payment of judgments or
settlements.
Page 14
Non-Duplication of Benefits
No injured person will recover duplicate benefits for
the same elements of loss under this or any other
uninsured motorists insurance, including approved
plans of self-insurance.
If There Is Other Insurance
If the insured person was in, on, getting into or out
of a vehicle which is insured for uninsured
motorists coverage under another policy, this
coverage will be excess. This means that when the
insured person is legally entitled to recover
damages in excess of the other policy limit, we will
pay up to your policy limit, but only after all other
collectible insurance has been exhausted.
Notice Of Settlement Agreement
If, before we make payment for loss for bodily
injury under this coverage, a tentative agreement
to settle for liability limits is reached by the insured
person or his legal representative with the person
or organization legally responsible for the use of an
uninsured motor vehicle, we must receive written
notification of this agreement by certified mail. This
written notice shall also include:
1. full particulars of the nature and extent of the
injuries, treatment, and other details entering
into the determination of the amount payable,
including copies of all medical bills, and
2. authorization or a court order to obtain reports
from all employers and medical providers.
Within 60 days of receipt of written notice, we may
substitute our payment to the insured person for
the tentative settlement amount. If payment is
substituted, the insured person's rights of recovery
become ours to the extent of such payment plus
any settlement under the uninsured motorists
coverage.
If we fail to pay the tentative settlement amount
within 60 days, we will have no right to the
proceeds of any settlement or judgment for any
amount paid under the uninsured motorists
coverage.
Trust Agreement
When we pay any person under this coverage:
1. we are entitled to repayment of amounts paid
by us and related collection expenses out of
the proceeds of any settlement or judgment
that person recovers from any responsible
party or insurer.
2. all rights of recovery against any responsible
party or insurer must be maintained and
preserved for our benefit.
3. insured persons, if we ask, must take proper
action in their own name to recover damages
from any responsible party or insurer. We will
select the attorney, and pay all related costs
and fees.
We will not ask the insured person to sue the
insured of an insolvent insurer.
Payment Of Loss By Allstate
Any amount due is payable to the insured person,
to the parent or guardian of an insured person who
is an injured minor, or to the spouse of any insured
person who dies. However, we may pay any person
lawfully entitled to recover the damages.
Legal Actions
No one may sue us under this coverage unless
there is full compliance with all the policy terms and
conditions.
If, at any time before we pay for the loss, an
insured person institutes a suit against anyone
believed responsible for the accident, we must be
given a copy of the summons and complaint or
other process. If a suit is brought without our
written consent, we aren't bound by any resulting
judgment.
If We Cannot Agree
If the insured person and we don't agree on that
person's right to receive damages or on the
amount, then upon mutual consent, the
disagreement will be settled by arbitration. If the
insured person and we do not agree to arbitrate,
then the disagreement will be resolved in a court of
competent jurisdiction. The arbitrators will not have
the power to decide any dispute regarding the
nature or the amount of the coverage provided by
the policy or claims for damages outside the terms
of the policy, including, but not limited to, claims
for bad faith, fraud, misrepresentation, punitive or
exemplary damages, attorney fees and/or interest.
Arbitration will take place under the rules of the
American Arbitration Association or as agreed to
by the parties.
Page 15
Part 4
Protection Against Loss To The
Auto
Other information applicable to all these coverages
appears after all the coverage descriptions.
Auto Collision Insurance
Coverage DD
If a premium is shown on the Policy Declarations
for Auto Collision Insurance, Allstate will pay for
direct and accidental loss to an insured auto from
a collision with another object or by upset of that
auto or trailer.
Auto Comprehensive Insurance
Coverage HH
If a premium is shown on the Policy Declarations
for Auto Comprehensive Insurance, Allstate will
pay for direct and accidental loss to an insured
auto not caused by collision. Loss caused by
missiles, falling objects, fire, theft or larceny,
explosion, earthquake, windstorm, hail, water,
flood, malicious mischief or vandalism, and riot or
civil commotion is covered. Glass breakage,
whether or not caused by collision, and collision
with a bird or animal is covered. Plastic or other
materials used by the manufacturer as substitutes
for glass will also be considered glass.
If by agreement between you and Allstate, glass is
repaired rather than replaced, the deductible
amount will not be subtracted from a glass
breakage loss.
Towing And Labor Costs
Coverage JJ
If a premium is shown on the Policy Declarations
for Towing and Labor Costs, Allstate will pay costs
for labor performed at the initial place of
disablement and for towing made necessary by the
disablement of your insured auto or a non-owned
auto. The total limit of our liability for towing and
labor caused by a single loss is stated on the Policy
Declarations.
Lease Or Loan Gap Coverage
Coverage LG
If a premium is shown on the Policy Declarations
for Lease Or Loan Gap Coverage, and if the amount
you owe under the terms of the auto lease or loan
agreement on your auto exceeds the actual cash
value of the auto, then Allstate will pay the
difference between these amounts in the event of a
total loss due to physical damage or theft of that
auto. We may pay you and the lessor or lienholder
named on the Policy Declarations.
Lease Or Loan Gap Coverage applies only if you
have both Auto Collision and Comprehensive
Insurance in effect under this policy and the loss is
covered under either coverage. This coverage
applies only to the original lease or loan written on
your auto and applies only if your auto was not
previously titled. If, according to the information
you have given us, the lease or loan ends during
the policy period, we will stop this coverage at the
end of that policy period. However, you must tell us
if you want this coverage to end at an earlier date.
Repair Or Replacement Cost Coverage
Coverage RC
If a premium is shown on the Policy Declarations
for Repair Or Replacement Cost Coverage
(Coverage RC), it will be Allstate's option to pay to
repair or replace the auto to which Coverage RC
applies as shown on the Policy Declarations for a
covered loss if you have purchased both Auto
Collision Insurance and Auto Comprehensive
Insurance and either coverage is applicable to the
loss.
This coverage will continue until the first policy
renewal after the coverage has been in effect for
three years. Repair Or Replacement Cost Coverage
does not automatically transfer to any replacement
auto or additional auto acquired during the policy
period. This coverage does not apply to any other
vehicle, including, but not limited to, additional
autos, replacement autos, or substitute autos.
Rental Reimbursement Coverage
Coverage UU
If a premium is shown on the Policy Declarations
for Rental Reimbursement Coverage, and if you
have an auto accident, or the entire insured auto is
stolen, Allstate will reimburse you for your cost of
renting an auto from a rental agency or garage. We
will not pay more than the dollar amount per day
shown on the Policy Declarations.
If an insured auto is disabled by a collision or
comprehensive loss, coverage starts the day of the
loss. If the entire insured auto is stolen, coverage
Page 16
begins the day you report the theft to us. If an
insured auto is driveable, coverage starts the day
the auto is taken to the garage for repairs.
Coverage ends when whichever of the following
occurs first:
1. if an insured auto is disabled by a collision or
comprehensive loss, completion of the repairs
or replacement of the auto;
2. if an insured auto is stolen, when we offer
settlement or your auto is returned to use; or
3. thirty full days of coverage.
Sound System Coverage
Coverage ZA
If a premium is shown on the Policy Declarations
for Sound System Coverage, Allstate will pay for
loss to a sound system.
Sound System Coverage applies only if Auto
Comprehensive Insurance is in effect under this
policy. This coverage makes sound systems, and
antennas or other apparatus used specifically with
them, insured property under the terms of both
collision and comprehensive insurance. The limit
of our liability is shown on the Policy Declarations.
Tape Coverage
Coverage ZZ
If a premium is shown on the Policy Declarations
for Tape Coverage, Allstate will pay for loss to any
tapes, compact discs or similar items used with
auto sound systems. Coverage applies to property
owned by you or a resident relative that is in or
upon your insured auto at the time of the loss. The
total limit of our liability for each loss is shown on
the Policy Declarations.
This coverage applies only if you have Auto
Comprehensive Insurance under the policy. Tape
Coverage makes tapes, compact discs, or similar
items insured property under your Auto
Comprehensive Insurance.
Additional Payments Allstate Will Make
Under Part 4
1. Allstate will pay up to $200 for loss of
clothing and personal luggage, including its
contents, belonging to you or a resident
relative while it is in or upon your insured
auto. This provision does not apply if the
insured auto is a travel-trailer.
This coverage applies only when:
a. the loss is caused by collision and you
have purchased Auto Collision
Insurance;
b. the entire auto is stolen, and you have
purchased Auto Comprehensive
Insurance; or
c. physical damage is done to the auto and
to the clothing and luggage caused by
earthquake, explosion, falling objects,
fire, lightning or flood and you have
purchased Auto Comprehensive
Insurance.
The amount stated under paragraph 1 above
is the maximum we will pay, regardless of the
number of vehicles insured.
2. If you have purchased Auto Collision or Auto
Comprehensive Insurance under this policy,
Allstate will pay general average and salvage
charges imposed when your insured auto is
being transported.
Additional Definitions For Part 4
1. "Camper Unit" means a demountable unit
designed to be used as temporary living
quarters, including all equipment and
accessories built into and forming a
permanent part of the unit. A camper unit
does not include:
a. caps, tops, or canopies designed for use
as protection of the cargo area of a utility
auto; or
b. radio or television antennas, awnings,
cabanas, or equipment designed to
create additional off- highway living
facilities.
2. "Insured Person(s)" means:
a. While using your insured auto:
i. you,
ii. any resident,
iii. and any other person using it with
your permission.
b. While using a non-owned auto:
i. you, and
ii. any resident relative.
Page 17
3. "Motor Home" means a self-propelled vehicle
equipped, designed or used as a living
quarters.
4. "Sound System" means any device
permanently installed inside your insured
auto by bolts, brackets, or other similar
means designed for:
a. voice or video transmission, or for voice
or video reception; or
b. recording or playing back recorded
material; or
c. supplying power to cellular or similar
telephone equipment,
and which is installed in a location other than
the one designed by the auto's manufacturer
for that device.
A sound system also includes antennas or
other apparatus in or on your insured auto
used specifically with that system, if
permanently installed. Apparatus does not
include sound reproducing media such as
compact discs or cassette tapes. A sound
system does not include any equipment that
is externally exposed except for antennas.
5. “Travel-trailer" means a trailer of the house,
cabin or camping type equipped or used as a
living quarters.
Losses We Do Not Cover Under
Coverages DD, HH, JJ, LID, RC, UU, ZA,
and ZZ
We do not cover loss to the property described in
Coverage DD ― Auto Collision Insurance,
Coverage HH ― Auto Comprehensive Insurance,
Coverage JJ ― Towing and Labor Costs, Coverage
LG―- Lease Or Loan Gap Coverage, Coverage RC
― Repair Or Replacement Cost Coverage,
Coverage UU ― Rental Reimbursement Coverage,
Coverage ZA ― Sound System Coverage, and
Coverage ZZ ― Tape Coverage, consisting of or
caused by:
1. property damage intended by, or reasonably
expected to result from the intentional or
criminal acts or omissions of, an insured
person. This exclusion applies even if:
a. an insured person lacks the mental
capacity to control or govern his or her
own conduct;
b. an insured person is temporarily insane
or temporarily lacks the mental capacity
to control or govern his or her conduct
or is temporarily unable to form any
intent to cause property damage;
c. such property damage is of a different
kind or degree than intended or
reasonably expected; or
d. such property damage is sustained by a
different person than intended or
reasonably expected.
This exclusion applies regardless of whether
an insured person is actually charged with, or
convicted of, a crime.
This exclusion precludes coverage for all
insured persons under the policy regardless
of whether the person seeking coverage
participated in any way in the intentional or
criminal acts or omissions.
2. property damage arising out of the use of any
auto used to carry persons or property for a
charge, or the use of any auto an insured
person is driving while available for hire by the
public. This exclusion does not apply to
shared-expense car pools.
3. any damage or loss to any non-owned auto
arising out of auto or motor vehicle business
operations such as repairing, servicing,
testing, washing, parking, storing, or selling
of autos or motor vehicles.
4. any damage or loss to any non-owned auto
with more than four wheels.
5. any damage or loss resulting from any act of
war, insurrection, rebellion or revolution.
6. any damage or loss due to radioactive
contamination.
7. any damage or loss resulting from:
a. wear and tear;
b. freezing; or
c. mechanical or electrical breakdown
unless the damage is the burning of wiring
used to connect electrical components, or the
result of other loss covered by this policy.
Page 18
8. loss to tires unless stolen or damaged by fire,
malicious mischief or vandalism. Coverage is
provided if the damage to tires occurs at the
same time and from the same cause as other
loss covered by this policy.
9. loss to any sound system within your insured
auto. Coverages under this Part also will not
apply to any apparatus in or on your insured
auto designed for use with that system. This
exclusion will not apply if you have purchased
Sound System Coverage.
10. loss to any tapes, compact discs or similar
items. This exclusion will not apply if you have
purchased Tape Coverage under this policy.
11. loss to a camper unit whether or not
mounted. This exclusion will not apply if the
camper unit is described on the Policy
Declarations.
12. loss to appliances, furniture, equipment and
accessories that are not built into or forming
a permanent part of a motor home or
travel-trailer.
13. loss to your motor home or travel-trailer
while rented to anyone else unless a specific
premium is shown on the Policy Declarations
for the rented vehicle.
14. loss arising out of participation in any
prearranged or organized racing or speed
contest or in practice or preparation for any
contest of this type.
15. confiscation or seizure by a government
authority.
16. loss due to conversion or embezzlement by
any person who has the vehicle due to any
rental, lease, lien or sales agreement.
17. home, office, store, display, or passenger
trailers, or travel-trailers. This exclusion will
not apply if the item is described on the Policy
Declarations.
18. any device that is designed for the detection
of radar or laser.
Payment Of Loss By Allstate
Allstate may pay for the loss in money, or may
repair or replace the damaged or stolen property at
our option. We may, at any time before the loss is
paid or the property is replaced, return at our own
expense any stolen property, either to you or at our
option to the address shown on the Policy
Declarations, with payment for any resulting
damage. We may take all or part of the property at
the agreed or appraised value. We may settle any
claim or loss either with you or the owner of the
property.
Appraisal
Both you and Allstate have a right to demand an
appraisal of the loss. Each will appoint and pay a
qualified appraiser. Other appraisal expenses will
be shared equally. The two appraisers, or a judge
of a court of record, will select an umpire. Each
appraiser will state the actual cash value and the
amount of loss. If they disagree, they'll submit their
differences to the umpire. A written agreement by
any two of these three persons will determine the
amount of the loss.
Limits Of Liability
Allstate's limit of liability is the lesser of:
1. the actual cash value of the property or
damaged part of the property at the time of the
loss, which may include a deduction for
depreciation; or
2. the cost to repair or replace the property or
part to its physical condition at the time of loss
using parts produced by or for the vehicle's
manufacturer, or parts from other sources,
including, but not limited to, non-original
equipment manufacturers subject to
applicable state laws and regulations; or
3. $500, if the loss is to a covered trailer not
described on the Policy Declarations.
Any applicable deductible amount is then
subtracted.
If Allstate, at its option, elects to pay for the cost to
repair or replace the property or part, Allstate's
liability does not include any decrease in the
property's value, however measured, resulting
from the loss and/or repair or replacement. If repair
or replacement results in the betterment of the
property or part, you may be responsible, subject
to applicable state laws and regulations, for the
amount of the betterment.
Page 19
An auto and attached trailer are considered
separate autos, and you must pay the deductible, if
any, on each. Only one deductible will apply to an
auto with a mounted camper unit. If unmounted, a
separate deductible will apply to the auto and
camper unit.
When more than one coverage is applicable to the
loss, you may recover under the broadest coverage
but not both. However, any Sound System
Coverage deductible will always apply.
Limits Of Liability Under Lease Or Loan
Gap Coverage
If the Policy Declarations indicates a premium
charge for Lease Or Loan Gap Coverage, our limit
of liability with respect to that coverage is the
amount you owe under the terms of the auto lease
or loan agreement to which the auto described on
the Policy Declarations is subject. The amount
payable will be reduced by:
1. overdue payments and the financial penalties
associated with those payments;
2. the transfer or rollover of a previous
outstanding lease or loan balance from
another vehicle to the original lease or loan for
the auto described on the Policy Declarations;
3. the dollar amount of unrepaired damage which
occurred prior to the total loss of your
auto, and
4. all refunds paid or payable to you as a result
of the early termination of the lease or loan
agreement or, to the extent financed, as a
result of the early termination of any warranty
or extended service agreement on your auto.
Limits Of Liability Under Repair Or
Replacement Cost Coverage
If the Policy Declarations indicates a premium
charge for Repair Or Replacement Cost Coverage
(Coverage RC), it will be our option to pay to repair
or replace the auto to which Coverage RC applies
as shown on the Policy Declarations for a covered
loss, subject to the applicable Auto Collision
Insurance or Auto Comprehensive Insurance
deductible, but without a deduction for
depreciation.
However, the most we will pay for the loss will be
the lesser of the:
a. Cost of repair or replacement of the property
or part using parts manufactured by or for the
vehicle's manufacturer or parts from other
sources, including, but not limited to,
non-original equipment manufacturers as
permitted by state laws and regulations.
b. Cost of a new auto of the same make and
model with the same equipment. If an auto of
the same make and model with the same
equipment is not available, the new auto must
be of similar size, class, body type and
equipment. A new auto is an auto that has not
been previously titled and is of the latest
model year available at the time of the loss.
We reserve the right to repair, or to replace the
damaged property or to pay for the loss in money.
This coverage does not apply to loss caused by
fire, theft, larceny or flood.
In no event, shall an insured person be entitled to
recover under both Repair Or Replacement Cost
Coverage and Auto Collision Insurance or Repair
Or Replacement Cost Coverage and Auto
Comprehensive Insurance.
If There Is Other Insurance
If there is other insurance covering the loss at the
time of the accident, we will pay only our share of
any damages. Our share is determined by adding
the limits of this insurance to the limits of all other
insurance that applies on the same basis and
finding the percentage of the total that our limits
represent.
When this insurance covers a substitute auto or
non-owned auto, we will pay only after all other
collectible insurance has been exhausted.
When this insurance covers a replacement auto
or additional auto, this policy won't apply if you
have other collectible insurance.
Lease Or Loan Gap Coverage is excess over any
other collectible insurance.
No Benefit To Bailee
This insurance will not benefit any person or
organization who may be caring for or handling
your property for a fee.
Loss Payable Clause
If a lienholder is shown on the Policy Declarations,
we may pay loss under this policy to you and to the
lienholder as its interest may appear. The
lienholder's interest will not be voided by:
Page 20
1. any act or neglect of the owner of the auto; or
2. any change in title or ownership of the auto if
the lienholder notifies us within 10 days.
The lienholder must notify us of any known
increase in hazard. The lienholder must pay, at our
request, the premium for any increase in hazard;
otherwise this policy will be void.
We may cancel this policy according to its terms.
Cancellation will also be effective with respect to
the lienholder's interest. We may also cancel this
clause of the policy. In either event, we will mail 10
days notice to the lienholder. Our mailing of notice
will be proof of notice.
If you do not submit proof of loss within the time
specified in this policy, the lienholder must do so
within 60 days. Proof of loss must be submitted in
the form and manner specified in the "What To Do
If There Is A Loss" provision in the "General
Provision" section of this policy. The lienholder will
be subject to provisions relating to appraisal, time
of payment, and bringing suit.
When we make payment to the lienholder for loss
under this policy, we will be subrogated to the
rights of the party we pay, to the extent of our
payment. When we pay a lienholder for a loss for
which you are not covered, we are entitled to the
lienholder's right of recovery against you to the
extent of our payment. We have the option to pay
the lienholder the entire amount due or which will
become due on the mortgage or other security
agreement with interest and receive full assignment
and transfer of the mortgage or security
agreement. Our right to subrogation will not impair
the lienholder's right to recover the full amount of
its claim