Root Insurance Co.
80 E Rich Street
Suite 500
Columbus, OH 43215
[email protected]
(866) 980-9431
Policy number MN3D4T
Auto insurance policy initial declarations
Your coverage begins on January 06, 2025 at 12:01am MST. It expires on July 06, 2025 at 12:01am MDT.
Named insured Vehicles
Heather Wood 2020 Mercedes-Benz A220 (W1K3G4EBXLW046808)
1699 E Sunset Rd
Lake Point, UT 84074
[email protected]Coverage premiums, limits and deductibles
The following coverages apply to all listed vehicles unless otherwise noted.
Bodily injury liability $50,000 each person
Premium: $341 $100,000 each accident
Property damage liability $50,000 each accident
Premium: $71
Rental DECLINED
Premium: $0
Personal injury protection $5,000 each person
Premium: $52
Uninsured motorist bodily injury $50,000 each person
Premium: $28 $100,000 each accident
Underinsured motorist bodily injury $50,000 each person
Premium: $56 $100,000 each accident
Uninsured motorist property damage DECLINED
Premium: $0
Comprehensive $1,000 deductible. Limit of actual cash value.
Premium: $64
Form 1923 UT (08-2022)
Collision $1,000 deductible. Limit of actual cash value.
Premium: $268
Roadside assistance $100 each incident (up to 3 incidents)
Rideshare & Delivery Endorsement DECLINED - No vehicles used for rideshare or delivery
activity
Fees
New Business Policy Fee $50.00
Installment Fee $8.00
Policy documents
Your insurance policy and any policy endorsements contain a full explanation of your coverage. These are available for
review in your Root App or you may contact us for a copy. The policy contract is Form 1918 UT (08-2021). You’ll see the
form number at the bottom of the pages in your contract. The contract is modified by Form 1931, which you’ll find
included in your contract.
Form 1923 UT (08-2022)
ROOT INSURANCE
Underwritten by
Root Insurance Company
(domiciled in Ohio)
80 E Rich Street
Suite 500
Columbus, OH 43215
www.joinroot.com
UTAH
PERSONAL AUTO
INSURANCE POLICY
Form 1918 UT (08-2021)
PLEASE NOTE
PAY PREMIUMS ON TIME FOR COVERAGE TO APPLY.
READ YOUR WHOLE POLICY:
• Your Policy and its related papers create a legal contract with us.
• The Declarations Page shows you what coverage(s) you have purchased. A coverage limit on the
Declarations Page is for reference only. The limits may be subject to further reduction as set forth in this
Policy.
• This Policy and the Declarations Page, and any Endorsements to your policy, set forth and describe the
coverage provided. These documents include definitions, as well as the conditions, exclusions,
limitations, and duties for coverage to apply.
• Read ALL terms of your coverage(s), to understand when coverage applies, what is and is not covered,
and what amount of coverage applies after any and all reductions and limitations are applied.
GIVE US NOTICE OF ANY VEHICLE ACCIDENT OR LOSS (and as further described in this policy as to
your DUTIES).
Form 1918 UT (08-2021)
TABLE OF CONTENTS
Page Page
AGREEMENT x Other Insurance or Coverage x
DEFINITIONS x Appraisal x
PART A - LIABILITY COVERAGE x No Benefit to Bailee x
Insuring Agreement x Loss Payee - Lienholder x
Supplemental Payments x INSUREDS’ DUTIES AFTER ANY ACCIDENT OR
Additional Definitions x LOSS x
Exclusions x Important Warning x
Limits of Liability x Give Prompt Notice x
Out-of-State Coverage x Cooperate Fully x
Financial Responsibility x CLAIMS SETTLEMENT x
Other Insurance or Coverage x POLICY EXCLUSIONS x
Bankruptcy x TNC x
PART B – PERSONAL INJURY PROTECTION Personal Vehicle Sharing x
COVERAGE x POLICY LIMITS x
Insuring Agreement x Two or More Policies or Insureds x
Additional Definitions x Non-Duplication x
Exclusions x POLICY TERMINATION X
Limits of Liability x Cancellation x
Other Insurance or Coverage x Non-Renewal x
Medical Expense Review x Automatic Termination x
Assignment of Benefits x Other Termination Terms x
Arbitration x POLICY CHANGES x
Premium Adjustment x Joint & Individual Interests x
PART C –UNINSURED and/or UNDERINSURED Change of Policy Terms x
MOTORIST COVERAGE x Change of Policy Interests x
Insuring Agreements x Consent of Beneficiary x
Additional Definitions x POLICY TERMS & CONDITIONS x
Exclusions x Policy Period & Territory x
Limits of Liability x Premium Payment x
Other Insurance or Coverage x Proof of Notice x
Settlement / Suit / Arbitration x Electronic Transaction of Insurance x
PART D - PHYSICAL DAMAGE COVERAGE x Compliance with State Law x
Insuring Agreements x Our Rights to Recover Payment x
Additional Definitions x Legal Action Against Us x
Rental Reimbursement x MISREPRESENTATION / CONCEALMENT /
Exclusions x FRAUD x
Limits of Liability x Our Right to Rescind x
Settlement x Our Right to Deny Coverage x
ROADSIDE ASSISTANCE COVERAGE x
NAMED EXCLUDED DRIVER x
Form 1918 UT (08-2021)
PERSONAL AUTO INSURANCE POLICY
AGREEMENT
In return for payment to us of all premiums when due, we agree to insure you subject to the terms, conditions
and limitations of this policy. You and we agree:
1. The Policy is issued:
a. in reliance upon the statements, information and representations in your application, all of which you
agree are true, accurate and complete.
b. on the condition that the initial payment to start this Policy is made to us or our agent. If that initial
payment is made by any non-cash method of payment accepted by us, this Policy is conditioned on that
payment being honored by the financial institution when presented by us.
2. We will provide the coverage shown in the declarations with a premium charge:
a. if that premium, and any fees or charges that may apply, are paid when required for that coverage to
apply; and
b. as described in this Policy, and subject to all terms, conditions, exclusions and limitations of this Policy.
3. This Policy contract:
a. is made up of all the forms that follow:
(1) the application;
(2) the most recently dated declarations;
(3) this Policy;
(4) any endorsements from us; and
(5) any reinstatement application.
no matter how issued by us or our agent, and as if all are physically attached here; and
b. contains all terms and agreements between you and us.
DEFINITIONS
This Definitions section defines many words and phrases used in the Policy. Defined words and phrases are
shown in bold face type.
The words, phrases and meanings set forth below apply:
1. When that word or phrase is used anywhere in the Policy; and
2. Even if the word or phrase is being used in the singular, plural, possessive or active or passive tense.
However, if a coverage Part of the Policy defines the same word or phrase, only the definition of the word or
phrase used in that coverage Part will apply in that Part.
Throughout this Policy:
You and your mean:
1. The named insured(s) shown on the declarations; and
2. If a resident of the same household as the named insured, the named insured's:
a. spouse; or
b. registered domestic or civil union partner.
But, if the named insured is not a person, then you and your do not include any spouse or registered
domestic or civil union partner.
Form 1918 UT (08-2021)
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We, us and our mean the insurance company shown on the declarations as being your personal auto insurer.
Also, as used throughout this Policy:
Accident means a sudden, unexpected, and unintended event.
Actual cash value means the fair market value of stolen or damaged property immediately prior to the
accident or loss, adjusted by:
1. The age, mileage and physical condition of the property;
2. Prior damage;
3. Depreciation; and
4. The type of title that applies to the property if it is a motor vehicle.
Application means the process and form(s):
1. We or our agent use to gather data about you and your autos; and
2. Upon which we rely when we issue this Policy and set the premium to be charged.
The application includes, though is not limited to, any process used by us or our agent for you to:
1. Select or reject coverage(s), limits, deductibles and other Policy options;
2. Give us any information we require to issue, rate or service your Policy; or
3. Make representations to us that we rely on to issue the policy and set your premium.
Auto means a private passenger type land motor vehicle that is a four-wheeled automobile, van, pick-up truck
or sport utility vehicle, or dual rear wheel six-wheeled pick-up truck, with a manufacturer’s gross vehicle weight
rating that does not exceed 12,000 pounds.
An auto does not include any:
1. Vehicle designed and primarily used for commercial purposes;
2. Step-van, parcel delivery van, cargo cutaway van, or van with cab separate from the cargo area;
3. Motor vehicle with capacity for twelve (12) or more persons;
4. Box truck with a separate, box-like cargo area;
5. Vehicle while located for use as a dwelling, residence or other premises;
6. All-terrain or quad vehicle, dune buggy, go-cart or golf cart; or
7. Tractors or farm type machines.
Bodily injury means physical bodily harm to a person and sickness, disease or death that results from that
bodily harm.
Business means any job, profession, occupation, employment, trade, commercial or for-profit activity, no matter
whether or not any of these listed activities is full-time or part-time.
Cost to repair or replace means the amount, as determined by us, needed to:
1. Repair physical damage to return property to its pre-loss physical condition; or
2. Replace stolen or damaged property.
We will determine this amount based on one of the following methods (at our option):
Form 1918 UT (08-2021)
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1. The cost of repair or replacement as agreed upon by you and us;
2. A competitive bid approved by us; or
3. Our written estimate based upon the reasonable prevailing competitive price.
To determine the cost to repair or replace, you agree that parts and equipment, as allowed by law, may be
new, reconditioned, remanufactured, or used, including, but not limited to:
1. Original equipment manufactured parts or equipment (OEM); and/or
2. Non-original equipment manufactured parts or equipment (after-market or non-OEM).
We may specify the use of parts and equipment that are not OEM (unless prohibited by law). Warranties
applicable to parts and equipment that are not OEM may be provided by the manufacturer or distributor of such
parts rather than the manufacturer of the auto.
Crime means any act or omission that is a statutory criminal offense or violation of any state or federal penal
code (in the U.S.A) no matter whether or not the person is arrested, charged and/or convicted. Crime includes,
but is not limited to any state or federal felony (in the U.S.A), and fleeing, eluding or evading law enforcement.
Crime does not include misdemeanor violations of the motor vehicle or traffic code.
Declarations means the most recently dated document from us, sent to the last address shown in our records
for this Policy, and that includes but it not limited to the following Policy information:
1. Insured autos;
2. Coverage(s), limits, deductibles and other Policy options selected;
3. Premium(s) to be paid;
4. Policy period and other Policy data; and
5. Our company and agent information.
Depreciation means the decline in value of:
1. Property due to overall wear and tear; and
2. An object’s parts and components over the course of its useful life.
Diminution in value means the perceived or real decrease in market or resale value of property due to an
accident, loss or repair. This includes, but is not limited to, the perceived or real decrease in market or resale
value of property because of alleged tangible or intangible taint or stigma related or due to an accident, loss or
repair.
Insured auto means the auto(s) we have agreed to insure, as listed and described on the declarations, but
not if:
1. That auto is sold, assigned, gifted, title transferred or possession permanently transferred to a person or
party other than you; or
2. You have asked us to remove that auto from this Policy.
Minimum limits means the minimum amounts of liability insurance required to apply to an auto, or its owner or
operator, by the motor vehicle compulsory insurance or financial responsibility laws of the state in which you
reside, as shown in our records as the garaging address for an insured auto. The minimum limit amount is the
per person/per accident limits (also called “split limits”) required by such laws.
If our records show the garaging address for the insured auto(s) is in the State of Utah, then the minimum
limits for this Policy (as the term is used throughout this Policy) are as follows:
1. $25,000 for all compensatory damages due to all bodily injury to one person arising out of the covered
use of an auto or motor vehicle in any one accident;
Form 1918 UT (08-2021)
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2. $65,000 for all compensatory damages due to all bodily injury to two or more persons arising out of the
covered use of an auto or motor vehicle in any one accident (still subject to the liability limit directly above
for one person); and
3. $15,000 for the total of all property damages arising out of the covered use of an auto or motor vehicle in
any one accident;
unless amended by law to a different limit which would then apply instead as required by law.
These minimum per person/per accident limits (also called “split limits”) will apply when the term minimum
limits is used in this Policy, even if the declarations shows a combined single limit (“CSL”).
Mold or fungus means, no matter the cause, any form or type of:
1. Mold, mildew or yeast;
2. Fungus or fungi; or
3. Any of the following produced or released by such:
a. mycotoxins, toxins or spores;
b. scents or odors;
c. bacteria or viruses; or
d. any other by-products or organism(s) that result.
Motor vehicle means a motorized self-propelled land vehicle that is:
1. Subject to motor vehicle registration law in a state of the U.S.A. or the U.S. District of Columbia; and
2. Designed and permitted by those laws for use on public roads.
Motor vehicle business means any business related to or involving motor vehicles or trailers including, but
not limited to:
1. Selling, leasing or renting;
2. Repairing, servicing or delivering;
3. Loading or unloading;
4. Testing, road testing or test-driving;
5. Storing, parking or valet parking;
6. Towing; or
7. Washing, cleaning or detailing of;
any motor vehicle or trailer.
Named insured means the person(s) or entity set forth on the declarations as the policyholder or designated
as “Named Insured”. If the named insured is not a person, then there is no coverage under this Policy for any
relative, spouse or registered domestic or civil union partner.
Newly acquired auto means an auto newly owned by you during the Policy period, if it:
1. Replaces an insured auto; or
2. Is an added auto and we (or an insurance company that has common ownership with us) insure all other autos
owned by you on the date of that auto’s delivery to you;
but only if you:
1. Tell us about it within thirty (30) calendar days after you own or possess the auto;
Form 1918 UT (08-2021)
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2. Tell us which auto policy is to apply if you have more than one auto policy with us (or an insurance company that
has common ownership with us);
3. Pay us any extra premium when due; and
4. Give us information we require to determine:
a. if the auto is an acceptable insurable risk under our Rules and Guidelines; and
b. the correct extra premium due.
The coverage that applies to a newly acquired auto is as follows:
1. If a newly acquired auto replaces an insured auto, it will have the same coverage as the auto replaced as of the
date you acquire the auto, except no coverage will apply under Physical Damage if:
a. You do not give us notice within thirty (30) calendar days from the date you own or possess the auto;
b. The auto is an unacceptable risk under our Rules and Guidelines; or
c. You do not pay the extra premium when due.
2. If a newly acquired auto replaces an insured auto which does not have Physical Damage Coverage
under this Policy, any of the coverages under Physical Damage Coverage that you elect to add will apply at
the time you ask us to add that coverage and we determine it is an acceptable risk under our Rules and
Guidelines. No Physical Damage Coverage will apply if we determine the auto is not an acceptable risk
under our Rules and Guidelines, or if you do not pay the extra premium when due.
3. If a newly acquired auto is an added auto, as of the date acquired by you, it will have the broadest coverage that
applies to any insured auto, except Physical Damage Coverage, if you:
a. give us notice and ask for that coverage within thirty (30) calendar days after you own or possess the auto;
and
b. pay the extra premium for this coverage during this thirty (30) day period when due.
If Physical Damage Coverage applies to any insured auto, the added auto will have that broadest Physical
Damage Coverage that applies to any insured auto as of the date you own or possess the auto, but with the
highest deductible that applies to any insured auto as of that date, if:
a. you give us notice within thirty (30) calendar days from the date you own or possess the auto; and
b. that added auto is an acceptable insurable risk under our Rules and Guidelines.
4. If no insured auto has Physical Damage Coverage, any coverage added will not apply until after:
a. you ask us for that coverage;
b. we have determined that it is an acceptable insurable risk under our Rules and Guidelines; and
c. you have paid any extra premium when due for this coverage.
5. If you want to add any coverage or increase any limits, this will not apply until after:
a. you ask us for that coverage;
b. we have determined that it is an acceptable insurable risk under our Rules and Guidelines; and
c. you have paid any extra premium when due.
6. If a newly acquired auto is an added auto, but you do not give us notice within thirty (30) days from the date you
own or possess the auto, or you give us notice but do not pay the extra premium when due, no insurance will
apply under this Policy with respect to the ownership, maintenance or use of that auto unless and until after:
a. you ask us to insure the auto;
b. you provide us all information we require to determine:
(1) if the auto is an acceptable insurable risk under our Rules and Guidelines; and
(2) the correct premium to insure it; and
c. you pay the extra premium when due.
If a newly acquired auto is entitled to coverage under this Policy and any other policy issued by us (or an
insurance company that has common ownership with us), it will be covered only under the one policy that
provides you with the broadest coverage, subject to the terms set forth above in this definition.
Form 1918 UT (08-2021)
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Non-owned auto means an auto that:
1. Is not:
a. owned by;
b. registered in the name of; or
c. furnished or available for the regular or frequent use of;
you, a relative or a rated driver; and
2. Is being used with permission from the owner or a person in lawful possession of that auto.
A non-owned auto does not include any rented auto or temporary substitute auto.
Nuclear event means and includes any nuclear exposure, reaction, radiation or radioactive contamination, no
matter how caused and/or as a consequence of any of these.
Occupying means in, on or getting in or out.
Original equipment manufactured and OEM mean parts, equipment or items produced and/or installed by:
1. The manufacturer of the vehicle; or
2. A vendor of the manufacturer of the vehicle that the manufacturer intends as part of the vehicle or a
manufacturer’s option when new.
Original equipment means equipment, devices or accessories that are permanently installed:
1. By the original factory manufacturer of the vehicle at the time of its original assembly or fabrication;
2. By the vehicle dealer as an original manufacturer new car option at the time of the vehicle’s original retail
sale and purchase; or
3. To replace an item in paragraph 1 or 2 above in this definition with equipment, devices or accessories with
similar function and value if such item is common to the use of an insured auto as a vehicle, and is not an
item of custom equipment (as that term is defined in Part D).
Own or owner means to have or hold (or the person or entity who has or holds):
1. Legal title to the motor vehicle, auto or trailer; or
2. Primary legal possession of the motor vehicle, auto or trailer:
a. that is leased or rented to that person or entity under the terms of a written contract for a continuous
period of six (6) months or more; or
b. subject to a lien or security agreement.
Pedestrian means a person who is not occupying a:
1. Self-propelled or motorized vehicle (other than a wheelchair or a similar low-powered motorized or
mechanically propelled vehicle that is designed for use to assist a person with a physical disability); or
2. Vehicle of any type or a trailer designed to be pulled by a self-propelled or motorized vehicle.
Permanently installed means a part or item is attached by bolts, brackets, screws, paint, adhesive, welding or
other means so that it cannot be unattached without the use of tools or chemicals.
Person means a human being.
Form 1918 UT (08-2021)
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Personal vehicle sharing program, and also referred to as a peer-to-peer car sharing program, means a legal
entity engaged in the business of, or any other for-profit activity related to, facilitating the sharing of motor
vehicles for use by individuals by connecting vehicle owners with drivers through the use prearranged vehicle
sharing services by using an online-enabled or digital application, software, website, system or platform.
Pollutants or hazardous materials means any solid, liquid, gaseous or thermal substance, irritant or
contaminant. This includes but is not limited to:
1. Smoke, vapor, soot, fumes, acids, alkalis, toxic chemicals, asbestos, lead;
2. Explosive or flammable substances;
3. Any waste material or product (this includes, but is not limited to, materials that may be recycled,
reconditioned, or reclaimed, whether or not known to result in environmental damage);
4. Any harmful biological, pathogenic, poisonous or toxic chemical, liquid, gas or substance; and
5. Pollutants as defined by any law of the United States of America.
Pollutants or hazardous materials does not include:
1. Cleaning products, but only when in amounts for ordinary household use and transported in the original
product container.
2. Products and fluids intended for, and normal to, the use of a motor vehicle, but only when used in the
proper and intended scope of the vehicle’s normal use.
3. Fuel for a motorized vehicle or lawn and yard equipment, but only when being safely transported in a
federally approved container.
Punitive or exemplary damages means all damages (other than compensatory damages) awarded to:
1. Punish or deter conduct; and/or
2. Fine, penalize or impose a statutory penalty due to conduct;
or due to conduct that is malicious, grossly negligent, wanton, willful, fraudulent or unlawful.
This includes, but is not limited to, any:
1. Damages that have been defined by law as punitive damages or exemplary damages (for example, double,
treble or statutory multiple damages); and
2. Costs, attorney fees, other fees or interest awarded because of such damages.
Racing or performance driving means when using, whether as a driver or passenger, an auto, motor vehicle
or any other vehicle to:
1. Participate in or practice or prepare for any speed contest, race, stunt, demolition, competition,
demonstration, sport rally, exhibition or activity, or timed contest; or
2. Operate or occupy an auto, motor vehicle or any other vehicle on an indoor or outdoor track, course or
trail designed or used for:
a. speed or racing contests;
b. demonstration or high performance driving; or
c. driver training or competition.
Racing or performance driving includes any activity listed in this definition above, whether or not that activity
is spontaneous, planned or organized.
Rated driver means a person, other than you or a relative, who:
1. Is a regular user of an insured auto; or
Form 1918 UT (08-2021)
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2. Resides in the same household as you;
and who has been disclosed to us and is shown as a driver on the declarations, but who is not any of the
following:
1. Designated as “Excluded”;
2. Listed on a named driver exclusion for this Policy; or
3. A driver designated as “List Only” on the declarations.
Registered domestic or civil union partner means a person who resides primarily with the named insured
and is legally recognized as a domestic partner or civil union partner of that named insured as registered under
a domestic partner or civil union law. If the named insured is not a person, then no one is a registered
domestic or civil union partner for any coverage under this Policy.
Relative means a person related to you by blood, marriage, adoption or guardianship, including your ward or
foster child, and who:
1. Primarily resides in your household; or
2. Usually makes his or her home in the same household as you but temporarily lives elsewhere.
A relative includes your unmarried and dependent child who has resided in your household but is temporarily
away from your household attending school or in military service who intends to continue to primarily reside in
your household except while attending school or in military service. If the named insured is not a person,
then no one is a relative for any coverage under this Policy.
Spouse means the person lawfully married to and who resides with the named insured. If the named insured
is not a person, then no one is a spouse for any coverage under this Policy.
Trailer means a non-motorized device registered and designed to be towed by an auto on public roads. This
does not include any trailer:
1. Being used as a residence or premises;
2. Used for office, store, commercial or business purposes; or
3. Used to carry or transport persons.
Transportation network company (“TNC”) means an organization or entity, that includes, but is not limited to,
a corporation, limited liability company, partnership, sole proprietor, or any other entity, that provides
prearranged transportation services for compensation using an online-enabled or digital application, software,
website, system or platform. The transportation type services this definition applies to, without limitation,
includes any transport or delivery of persons, property, food, goods, packages, parcels and/or other property.
Uncollectible instrument and not honored upon presentment, means a bank or other financial institution
does not honor, or does not recognize, a form of payment. This includes, though is not limited to, a payment
where:
1. A check is dishonored or refused due to insufficient funds;
2. A check or transfer is drawn from empty or closed accounts;
3. There is an invalid credit or debit card;
4. Credit card charges are dishonored or refused by the issuing financial institution; or
5. Funds transferred via any electronic means or method are refused, dishonored or rejected;
all of which are deemed nonpayment of premium.
Form 1918 UT (08-2021)
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Undisclosed driver is any relative or regular operator of an insured auto, or any other driver who resides in
the household of the named insured, who is not shown as a driver on the declarations. “Regular operator”, as
used in this definition, includes any person not shown on the declarations who has regular custody or control
of an insured auto. This does not include a relative who:
1. Has a driver permit but not a driver license;
2. Is newly licensed and has not been licensed for more than thirty (30) days; or
3. Is younger than the legal age to have a driver permit or license.
War means and includes war (declared or not), civil war, insurrection, rebellion, revolution or any act by a
government force to respond to or defend against war or threat of attack.
PART A - LIABILITY COVERAGE
(BODILY INJURY / PROPERTY DAMAGE)
INSURING AGREEMENT
If the premium for Bodily Injury Liability Coverage and/or Property Damage Liability Coverage has been paid
when due, that coverage(s) shown on the declarations will apply under this Policy and is subject to all Policy
terms.
We will pay for:
1. Compensatory damages, subject to the Limits of Liability, that an insured is legally liable for because of:
a. bodily injury to others; and/or
b. property damage;
caused by or resulting from an accident that arises out of the ownership, maintenance or use of an auto for
which that insured is covered by the terms of this Liability Coverage; and
2. Costs incurred to settle and defend a claim or suit brought against an insured. We will investigate,
negotiate and settle or defend with counsel selected, hired and paid by us. Any payment(s) for settlement
and defense costs does not to reduce the limit of liability for the applicable coverage shown on the
declarations.
Our duty to settle or defend ends when our limit of liability has been:
a. exhausted by payment of judgments or settlements; or
b. deposited into a court with jurisdiction.
We have no duty to defend, settle, pay or investigate any claim, lawsuit or judgment not covered under the
terms this Policy.
SUPPLEMENTAL PAYMENTS
If Bodily Injury Liability Coverage and/or Property Damage Liability Coverage apply to cover damages that arise
from an accident, we also will pay to or on behalf of an insured:
1. Court costs of any suit for damages.
2. Post- judgment interest on all compensatory damages owed by an insured as the result of a judgment until
we pay, offer or deposit in court the amount due under this coverage. We have no duty to make any
interest payment if we have not been given both:
a. notice of suit; and
b. the chance to defend an insured.
3. Premiums or costs for the purchase of bonds:
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a. to secure the release of an insured's property attached under a court order in any lawsuit we defend,
up to our limit of liability for the face amount of the bond.
b. required to appeal a decision in a suit for damages that we are defending.
We have no duty to:
a. apply for, furnish, or secure any bonds; or
b. pay premiums for or the cost of any bond in an amount that is greater than our limit of liability.
4. Expenses incurred by an insured at our request. We must be given written proof (that can be verified) of
the expenses incurred.
5. If requested by the insured, loss of actual wages or salary (but not other income) incurred by the insured,
up to $200 per day, as a result of attending at our request:
a. the trial of a civil suit; or
b. any related mediation, arbitration, deposition or hearing.
Any supplemental payment by us, as set forth directly above, is separate from and does not reduce the limit of
liability that applies to the covered accident.
ADDITIONAL DEFINITIONS
This Part A Definitions section defines some words and phrases used in Part A. Defined words and phrases are
shown in bold face type. The words, phrases and meanings set forth directly below apply:
1. When that word or phrase is used in Part A; and
2. Even if the word or phrase is being used in the singular, plural, possessive or active or passive tense.
Additional named insured means a trust that holds legal title to an insured auto and has been designated by
you as an additional named insured as shown on the declarations.
Insured means:
1. You, relatives, and other rated drivers for the:
a. ownership, maintenance or use of an insured auto or a newly acquired auto.
b. use or operation of a non-owned auto with permission from its owner.
c. use of a trailer while it is being towed by any of these autos.
2. Any other person for the use or operation of an insured auto or a newly acquired auto, with express or
implied permission from you, if that use is within the scope of that permission.
3. For the use of an insured auto, any person, organization or additional named insured that has no other
applicable insurance, but only as to legal liability for acts or omissions of a person who is an insured in
clause 1 or 2 above for whom coverage is afforded under this Liability Coverage. This does not increase
our limit of liability, and ends when liability of a person who is an insured in clause 1 or 2 above has been
exhausted.
However, insured does not include:
1. An undisclosed driver.
2. You, relatives, other rated drivers or any other person while any such person is using a motor vehicle
other than an insured auto if that motor vehicle is:
a. owned by;
b. registered to; or
c. furnished or available for the regular or frequent use of;
you, a relative or a rated driver.
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Property damage means:
1. Physical harm to, or destruction of, tangible real or personal property; and
2. Loss of use that results from that physical harm or destruction.
EXCLUSIONS
THERE IS NO COVERAGE UNDER PART A FOR, AND WE HAVE NO DUTY TO DEFEND, ANY INSURED:
1. For bodily injury, property damage or any other damages:
a. caused by an intentional act of an insured or at the direction of an insured; or
b. that is or should be reasonably expected to result from an intentional act of an insured;
even if that resulting bodily injury or property damage is:
a. of a different kind or degree than expected or intended; or
b. sustained by a different person(s) than expected or intended.
This does not apply to the amount of otherwise covered compensatory damages that is less than or equal to
the minimum limits for bodily injury or property damage sustained by an innocent injured third person.
2. For property damage to property owned or being transported by that insured.
3. For property damage to property:
a. rented or leased to; or
b. in the charge or care of;
that insured. This does not apply to damage to a rented residence or rented private garage.
4. While any type of auto, motor vehicle or trailer is parked and being used as a living space, residence or
premises.
5. For bodily injury to:
a. any employee of an insured during the course of employment. This does not apply to your household
employee who is not covered or not required to be covered under any worker's compensation
insurance.
b. a fellow employee while on the job and that arises out of the maintenance or use of any vehicle by
another employee in the employer’s business. This does not apply to you as to bodily injury to a
fellow employee.
6. For any obligation of an insured, or that insured’s insurer, under any type of workers compensation or
disability or similar law.
7. For liability assumed by the insured under a bailment, contract or agreement.
8. While an insured auto is:
a. rented, leased, sub-leased, or given by you, a relative or a rated driver to anyone in exchange for
payment or any form of compensation or value or reimbursement;
b. is entrusted to another person or party for the purpose of subleasing, leasing, renting, selling,
consignment for sale, or promoting sale, and is no longer in the possession of you, a relative or a rated
driver; or
c. subject to any conditional sale or purchase agreement not declared in this Policy.
This exclusion does not apply to:
a. you, a relative or a rated driver using or operating an insured auto; or
b. an insured who satisfy all of the following:
(1) qualifies as an insured under this Part A by being a permissive user of an insured auto using the
insured auto within the scope of that permission;
(2) is employed or engaged in one of the following types of motor vehicle business: sales agency,
repair shop, service station, storage garage or public parking place; and
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(3) has no other valid and collectible liability coverage, bond or self-insurance that applies to the
accident with at least the minimum limits of any priority (whether or not that other coverage, bond
or self-insurance is primary, excess, or contingent);
but if there is no other valid and collectible liability coverage, bond or self-insurance, any coverage
provided under this Part A is only for the amount of compensatory damages that is less than or equal to
minimum limits for bodily injury and property damage.
9. For bodily injury, property damage or any other damages for which the United States government may be
found liable under the Federal Tort Claims Act or otherwise.
10. For bodily injury, property damage or any other damages that result from pollutants or hazardous
materials, including any order, demand, claim or suit for testing for, monitoring, cleaning up, removing,
treating, neutralizing or remediating pollutants or hazardous materials or environmental damage.
11. For bodily injury, property damage or any other damages that result from war or any nuclear event.
12. For any type or sort of punitive or exemplary damages.
13. For any emergency response service charges, fees or assessments billed from a fire department,
emergency services or law enforcement agency responding to an accident. This does not apply to
emergency ambulance services.
14. With respect to the ownership, operation, or use of any type of auto, motor vehicle or trailer:
a. as a public or livery conveyance.
b. for any transport or delivery of persons, property, food or goods for compensation or a fee, or in the
course of any similar for-profit activity. For example, this exclusion applies but it not limited to:
(1) the pickup, carrying and drop off of persons, property, food or goods;
(2) any transport or delivery of food, packages, parcels or other property.
This does not apply to:
(1) a share-the-expense car pool; or
(2) use for a charitable or volunteer purpose.
c. by any person employed or engaged in any way in a motor vehicle business. This exclusion does not
apply to:
(1) you, a relative or a rated driver using or operating an insured auto; or
(2) an insured who satisfy all of the following:
(a) qualifies as an insured under this Part A by being a permissive user of an insured auto using
the insured auto within the scope of that permission;
(b) is employed or engaged in one of the following types of motor vehicle business: sales agency,
repair shop, service station, storage garage or public parking place; and
(c) has no other valid and collectible liability coverage, bond or self-insurance that applies to the
accident with at least the minimum limits of any priority (whether or not that other coverage,
bond or self-insurance is primary, excess, or contingent);
but if there is no other valid and collectible liability coverage, bond or self-insurance, any coverage
provided under this Part A is only for the amount of compensatory damages that is less than or
equal to minimum limits for bodily injury and property damage.
d. in the course of any business of the insured (that is not a business described in the exclusions
directly above) unless related to a business use that is acceptable and approved by us and for which
you have paid a business use surcharge on this Policy.
15. For bodily injury, property damage or any other damages incurred while using any motorized vehicle or
device, other than an insured auto that is insured for this coverage or a newly acquired auto, that is
owned by, or furnished or available for the regular use of, you, a relative or a rated driver.
16. With respect to the ownership, operation, or use of any type of auto, motor vehicle or trailer that is being
used for racing or performance driving.
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17. Who is operating or using any type of auto or other motor vehicle while committing, aiding or abetting a
crime. This does not apply if and when the only crime committed by that insured at the time of the
accident is the crime of operating an auto while having consumed alcohol or an illegal drug or substance,
in which case the most we will pay for an otherwise covered liability claim is the amount of compensatory
damages that is less than or equal to the minimum limits for bodily injury or property damage sustained
by an innocent injured third person.
18. For any bodily injury, property damage, claim or liability asserted against you, any relative, or any rated
driver that arises out of the operation of any insured auto or non-owned auto by an undisclosed driver,
including but not limited to claims arising out of vicarious liability, negligent entrustment, agency, ownership
or otherwise.
LIMITS OF LIABILITY
If purchased, the limit(s) of liability for Bodily Injury Liability Coverage and/or Property Damage Liability
Coverage are shown on the declarations and are subject to the following:
1. For any one covered accident, the limit that applies is the most we will pay no matter the number of:
a. insureds, heirs, survivors or wrongful death beneficiaries;
b. vehicles and/or trailers involved in the accident;
c. claims made;
d. lawsuits filed;
e. autos, trailers, or vehicles covered or shown on the declarations;
f. premiums paid;
g. policies issued by us; or
h. policies or bonds that apply.
There will be no adding, stacking or combining of coverage.
2. Split Limit Liability Coverage
If you bought Liability Coverage with a split limit that sets forth separate limits for Bodily Injury Liability
Coverage and Property Damage Liability Coverage, then for your Liability Coverage:
a. The Bodily Injury limit of liability shown on the declarations that applies “Per Person” is the most we will
pay for all covered damages due to bodily injury sustained by any one person in any one accident.
b. Subject to the limit of liability that applies “Per Person”, the Bodily Injury limit of liability shown on the
declarations that applies "Per Accident" is the most we will pay for all covered damages due to bodily
injury sustained by two or more persons in any one accident. Without changing this "Per Accident"
limit, we will apply that limit to provide any separate “per person” limit required by law for bodily injury
liability.
c. The Property Damage limit of liability shown on the declarations is the most we will pay for all covered
damages due to property damage sustained in any one accident.
d. The limit that applies “Per Person” includes all claims, causes of action and lawsuits of others that relate
to or derive from the bodily injury of the injured person. When allowed by law, this limit includes, but
is not limited to, all claims and lawsuits for:
(1) Emotional distress or mental anguish as a result of seeing the accident.
(2) Loss of: society, companionship, services, support and/or consortium.
(3) Wrongful death.
3. The limit is not increased in any way if there is a covered accident that involves a trailer attached to and
being towed by an auto.
4. If any exclusion, limit of liability or other limitation in this policy is deemed by a court of law with proper
jurisdiction to be in violation of the compulsory insurance or financial responsibility laws of the state where
you reside, that exclusion or limitation shall remain in effect and apply to all damages in excess of the
minimum limits required under that compulsory insurance or financial responsibility law.
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OUT-OF-STATE COVERAGE
If an accident covered under this Policy occurs in any state, territory or province within the Policy Territory but
other than the one in which an insured auto is principally garaged (as shown in our records), and that other
state, territory or province has a financial responsibility, compulsory or mandatory insurance or other similar law
that requires all owners or operators of an auto to have:
1. Liability insurance with limits of liability for bodily injury or property damage higher than the limits shown
on the declarations, we will provide that required higher limit for Liability Coverage under this Policy.
Unless required by law to do so, we will not provide any Liability Coverage for an accident if the
declarations shows you did not buy Liability Coverage from us on this Policy.
2. Specific types of insurance coverage whenever an auto is driven in that state, territory or province, we will
provide the required minimum amounts and types of coverage so required.
FINANCIAL RESPONSIBILITY
When certified by us under any law as proof of future financial responsibility, and while required during the
policy period, this Policy shall comply with such law to the extent required. If we make a payment we would not
have made if this Policy had not been certified as proof of future financial responsibility, we must be reimbursed
by you or an insured for that payment and related costs.
OTHER INSURANCE OR COVERAGE
If there is other similar coverage or source of recovery, the following apply subject to all other terms in this
Policy:
1. If any other auto or vehicle liability coverage, bond or self-insurance applies to the same accident:
a. we will not pay more than our share of the damages; and
b. our share is the proportion that the limit of liability of this Policy bears to the total of all auto or vehicle liability
coverage, bond or self-insurance that apply, with the same level of priority, to the accident.
2. However:
a. if a non-owned auto or a trailer has other vehicle liability coverage, bond or self-insurance that applies
to the accident, then this Policy’s coverage is excess.
Except that, and only if and when otherwise required by Utah law (as amended), we will provide primary
liability insurance for otherwise covered use of a non-owned auto by you, a relative or rated driver,
but only if that non-owned auto is owned by one of the following types of motor vehicle businesses: a
sales agency, a repair shop, a service station, a storage garage, a public parking place or a business
engaged in renting motor vehicles; and then any such required coverage:
(1) will only be for the minimum limits or minimum amounts required by those laws; and
(2) will only be primary as compared to any liability coverage, bond or self-insurance maintained by the
owner of that non-owned auto.
We have no duty to defend the owner of that non-owned auto.
b. this Policy’s coverage does not apply to a newly acquired auto if there is any other liability coverage, bond or
self-insurance that applies to that newly acquired auto (except under a policy issued by us or an insurance
company that has common ownership with us).
c. if there is other applicable insurance, we shall be entitled to reimbursement of an equal share of the
defense cost and attorney fees in any lawsuit we defend.
This “Other Insurance or Coverage” clause does not create, expand or imply any coverage that does not already
exist under the terms of this Policy.
BANKRUPTCY
The bankruptcy or insolvency of an insured, or that person or party’s estate, shall not relieve us of any
obligations under this Policy. If execution against that insured, or that person or party’s estate, is returned
unsatisfied, an action may be maintained against us to the extent that the liability is covered by the Policy, but
subject to all Policy terms and limits.
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PART B – PERSONAL INJURY PROTECTION COVERAGE (PIP)
INSURING AGREEMENT
If the premium for Personal Injury Protection Coverage (PIP) has been paid when due, PIP coverage as shown
on the declarations and PIP benefits described here will apply under this Policy and are subject to all Policy
terms and the Utah insurance laws (as amended).
We will pay, without regard to fault and subject to the Limits of Liability and all Policy terms, for the following PIP
benefits:
1. Reasonable and necessary medical expenses;
2. Work loss;
3. Essential services loss;
4. Funeral expenses;
5. Survivor loss;
to or on behalf of an insured due to losses and expenses incurred because of bodily injury sustained by that insured
as a result of an accident arising out of the operation or use of a motor vehicle as a motor vehicle.
PIP work loss waiver option: If you have waived the work loss benefit with a PIP work loss rejection or waiver, no
work loss benefit will apply for you.
PIP increased limits option (commonly also called Added PIP): While PIP coverage is required to be
provided in basic minimum amounts for the described benefits, and as set forth under the PIP Definitions, PIP
Limits of Liability and on the declarations, named insured may elect to buy optional higher limits of PIP
coverage, and when you buy optional higher limits they will be shown on the declarations. If you buy higher
limits for PIP benefits, those higher PIP benefit limits will:
1. Replace the statutory minimum limits set forth in the PIP Definitions and PIP Limits of Liability; and
2. Only apply for you, relatives and rated drivers who are insureds under this PIP.
ADDITIONAL DEFINITIONS
This Part B Definitions section defines some words and phrases used in Part B. Defined words and phrases are
shown in bold face type. The words, phrases and meanings set forth directly below apply:
1. When that word or phrase is used in Part B; and
2. Even if the word or phrase is being used in the singular, plural, possessive or active or passive tense.
Essential services loss means:
1. A special damage allowance for services actually rendered or expenses reasonably incurred for services
that, but for the bodily injury, an insured would have performed for that insured’s household; and
2. In an amount not to exceed:
a. $20 per day for a maximum of 365 days per insured; or
b. any higher limit shown for this benefit on the declarations, though that higher limit will apply only for
you, relatives and rated drivers who are insureds under this PIP.
The essential services loss benefit will not be paid for the first three (3) days after the date of the bodily injury
unless that insured’s inability to perform these services continues for more than two (2) consecutive weeks.
Funeral expenses means:
1. Fees, costs or charges incurred or required to be paid for services directly related to the funeral, burial,
Form 1918 UT (08-2021)
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cremation and/or interment of a deceased insured; and
2. In an amount not to exceed:
a. $1,500 per insured; or
b. any higher limit shown for this benefit on the declarations, though that higher limit will apply only for an
you, relatives and rated drivers who are insureds under this PIP.
Insured means:
1. You, relatives and rated drivers, who sustain bodily injury in an accident involving any motor vehicle;
and
2. Any other person whose bodily injury arises out of an auto accident occurring while:
a. occupying an insured auto, or a newly acquired auto, with the express or implied consent of the
named insured; or
b. a pedestrian if injured in an accident occurring in Utah and involving an insured auto or a newly acquired
auto.
An insured does not include you, relatives, rated drivers or any other person, when the bodily injury results from
the use of any motor vehicle, other than an insured auto or a newly acquired auto, owned by you, a relative, or
any rated driver.
Medical expenses means:
1. Reasonable fees, costs or charges incurred or required to be paid for necessary medical treatment,
services, procedures and products provided or prescribed by a United States (“U.S.”) state licensed health
care provider, and within the proper scope of that provider’s practice, including:
a. ambulance, hospital, surgical, medical, dental, x-ray, professional nursing, chiropractic, and
pharmaceutical services;
b. physical, occupational, and vocational therapy and rehabilitation;
c. speech and hearing therapy and rehabilitation; and
d. medications, prosthetic and orthopedic devices, eyeglasses, hearing aids, and other medical products
and supplies; and
2. In an amount not to exceed:
a. $3,000 per insured; or
b. any higher limit shown for this benefit on the declarations, though that higher limit will apply only for
you, relatives and rated drivers who are insureds under this PIP.
Medical expenses also includes costs for nonmedical remedial care and treatment rendered in accord with a
recognized religious method of healing.
Medical expenses will not apply for expenses greater than those necessary for a semiprivate room, unless
more intensive care is medically required.
Reasonable means the lowest cost amount for medical expenses to be determined by one of the following
methods:
1. The “reasonable value” for a medical expense found as follows:
a. in accord with the Utah Insurance Commissioner's most recent and applicable relative value study of
services and accommodations for the diagnosis, care, recovery, or rehabilitation of injured persons; or
b. if a service or accommodation is not assigned a value or the 75th percentile charge under the relative
value study or a relative value study is not available, the value of the service or accommodation shall
equal the reasonable cost of the same or similar service or accommodation in the most populous county
of Utah; or
2. The fee, cost or charge set forth in any medical fee schedule:
Form 1918 UT (08-2021)
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a. that applies to medical payments, no-fault or personal injury protection coverage in a motor vehicle
liability policy issued in the state where medical services are provided; and
b. as required or allowed by the law of the state where medical services are provided; or
3. If not otherwise determined as set forth above in this definition, then the fee, cost or charge agreed to by
both the insured’s health care provider and us (or a third party we have contracted with to determine that
amount).
Survivor loss means:
1. Compensation due to the death of an insured due to a motor vehicle accident covered under this Part B;
and
2. In an amount not to exceed:
a. $3,000; or
b. any higher limit shown for this benefit on the declarations, though that higher limit will apply only for
you, relatives and rated drivers who are insureds under this PIP.
Survivor loss will be paid only to a person(s) who is the heir of the deceased insured.
Work loss means:
1. Compensation due to the insured’s inability to work resulting from the bodily injury due to a motor
vehicle accident covered under this Part B; and
2. In an amount not to exceed:
a. per insured, the lesser of $250 per week or 85% of any loss of gross income and loss of earning
capacity by an insured, not to exceed the total of the amount shown on the declarations for work
loss; or
b. any higher limit shown for this benefit on the declarations, though that higher limit will apply only for
you, relatives and rated drivers who are insureds under this PIP.
No work loss benefit will:
1. Apply after the maximum of 52 consecutive weeks after the date of loss.
2. Be paid for the first three (3) days of disability, unless the disability continues for longer than two (2)
consecutive weeks after the date of the accident causing the bodily injury.
3. Apply for you, if you waive this work loss benefit as shown on the declarations as PIP coverage with a
work loss rejection or waiver.
EXCLUSIONS
THERE IS NO COVERAGE UNDER PART B FOR BODILY INJURY:
1. While occupying any motor vehicle (other than an insured auto insured for this coverage or a newly acquired
auto) owned by, or furnished or available for the regular use of, you or a relative.
2. Sustained by any person while operating an insured auto or a newly acquired auto, without your express or
implied consent or while not in lawful possession of your insured auto or a newly acquired auto.
3. To any injured person, if the person's conduct contributed to his or her injury:
a. by intentionally causing injury to himself or herself; or
b. while committing a felony.
4. Arising out of the use of any motor vehicle while located for use as a residence or premises.
5. Caused by or as a consequence of war.
6. Resulting from or as a consequence of any nuclear event.
7. Sustained while operating a motorcycle, off-highway vehicle, street-legal all-terrain vehicle, trailer, or semitrailer.
LIMITS OF LIABILITY
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The limit of liability for an injured insured in any one accident under the Personal Injury Protection Coverage
(PIP) purchased, or any benefit covered under PIP, is shown on the declarations, and is subject to the
following as well as also subject to all definitions and terms under this Part B:
1. We will pay no more than the following limits for covered PIP benefits:
a. $3,000 for medical expenses;
b. $1,500 for funeral expenses;
c. $3,000 for survivor loss;
d. the lesser of $250 per week or 85 percent of any loss of gross income and earning capacity for a
maximum of 52 consecutive weeks from the date of disability for work loss; and
e. up to $20 per day for a maximum of 365 days for essential services.
Except that, any higher limit purchased and shown for a PIP benefit on the declarations will apply for that
benefit and replace the statutory minimum limit set forth above and in the PIP definitions, though the higher
limit shown on the declarations will apply only for you, relatives and rated drivers who are insureds
under this PIP.
2. The limit described above and/or shown on the declarations or set forth in the PIP definitions is the most
we will pay for any one insured injured in any one covered accident, without any regard to the number of:
a. insureds, heirs, survivors or wrongful death beneficiaries;
b. vehicles and/or trailers involved in the accident;
c. claims made;
d. lawsuits filed;
e. autos, trailers, or vehicles covered or shown on the declarations;
f. premiums paid; or
g. policies or bonds that apply.
There will be no adding, stacking or combining of coverage.
3. The limit is not increased in any way if there is a covered accident that involves a trailer attached to and being
towed by an auto or motor vehicle.
4. Any amount payable under this Part B to or for an insured will be reduced by any amounts that insured
receives, or is entitled to receive, from:
a. any workers' compensation plan or similar statutory plan; or
b. the United States or any of its agencies because the insured is on active duty in the military service.
OTHER INSURANCE OR COVERAGE
If there is other similar motor vehicle personal injury protection coverage or source of recovery, the following
apply subject to all other terms in this Policy:
1. If any other auto or vehicle coverage, bond or self-insurance applies to the same accident:
a. we will not pay more than our share of the damages, expenses or loss; and
b. our share is the proportion that the limit of liability of this Policy bears to the total of all auto or vehicle
coverage, bond or self-insurance that apply, with the same level of priority, to the accident.
2. However, when an insured is:
a. also an insured party under any other policy, primary coverage is to be given by the policy insuring the
motor vehicle in use during the accident.
b. entitled to personal injury protection under more than one policy, the most the insured may recover
under all applicable coverage is the highest limit of liability under any one policy.
This “Other Insurance or Coverage” clause does not create, expand or imply any coverage that does not already
exist under the terms of this Policy.
MEDICAL EXPENSE REVIEW
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To determine if medical expenses are reasonable and necessary for both the diagnosis and treatment of the
insured’s bodily injury, we have the right to:
1. Review each medical expense and other expenses; and
2. Pay only those expenses that are found by us to be covered, reasonable and necessary.
Our review may include the use independent sources of information and services of our choice. This includes,
but is not limited to:
1. Physical exams performed by state licensed health care providers we select and pay for, as often as we
reasonably request;
2. Review of medical files, including but not limited to records, reports, notes, clinical observations, and test
results, all of which the insured must make available to us;
3. Published sources of medical expense information and fee schedules;
4. Computer databases and software; and/or
5. Use of third-party cost containment and utilization review providers to identify excessive or inappropriate
treatments and expenses.
We have no obligation to pay for any medical expense, or portion thereof, that:
1. Is not reasonable or not necessary for the diagnosis or treatment of the insured’s bodily injury;
2. Is for treatment of bodily injury that is not the result of the covered accident;
3. Results from a service, treatment, procedure and/or product that is not provided and prescribed by a U.S.
state licensed health care provider acting within the proper scope of that license;
4. The insured would not be obligated to pay if no insurance applied; or
5. Is provided by any provider who is not licensed by the state in the U.S. where the treatment, service or care
was rendered, where such provider is required by law to be licensed to render, provide or perform the
treatment, service or care.
ASSIGNMENT OF BENEFITS
If the insured gives us a written and signed assignment of benefits for medical expenses that are payable
under this coverage:
1. We will pay for those medical expenses directly to the health care provider; and
2. If we do this, we have no further obligation to pay those same benefits to an insured or to any other person
or party.
ARBITRATION
Arbitration may be available as follows:
1. Between us and an insured: If we and an insured are unable to agree as the amount to be recovered for
a PIP benefit, then upon mutual consent between us and that insured, arbitration may be used to resolve
that dispute about the amount of the benefit only.
2. Between insurers: Where an insured under a policy is or would be held legally liable for the personal
injuries sustained by any person to whom benefits required under personal injury protection have been paid
by another insurer, including the the Utah Workers’ Compensation Fund, the insurer of the person who
would be held legally liable shall reimburse the other insurer for the payment, but not in excess of the
amount of damages recoverable; and that the issue of liability for that reimbursement and its amount, if not
agreed on by the insurers, shall be decided by mandatory, binding arbitration between the insurers.
If arbitration is agreed upon, the arbitration shall be governed by and be in accord with the Utah Arbitration Act
(Title 78B, Chapter 11, as amended) unless both parties agree otherwise or to an alternate form of arbitration.
The arbitrator(s) has no authority to decide any coverage or policy interpretation issue.
PREMIUM ADJUSTMENT
When determining the premium for this Policy, we rely on the State of Utah laws governing mandatory motor
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vehicle liability insurance and personal injury protection coverage, as amended. If either a:
1. Court with proper jurisdiction declares or enters a judgment; or
2. Law is passed, revised or repealed;
the effect of which is to render any of those laws repealed, invalid or unenforceable, in whole or in part, we may
then, at our option, void or amend the terms of coverage under this Part B in response and/or readjust the
premium that must be paid for the Policy. These amendments and readjustments will be effective retroactively
to the date that such law or any amendment is deemed to be invalid or unenforceable in whole or in part.
PART C – UNINSURED (UM) and/or UNDERINSURED MOTORIST (UIM)
COVERAGE
INSURING AGREEMENTS
Uninsured Motorist Bodily Injury Coverage (“UM BI”)
If the premium for Uninsured Motorist Bodily Injury Coverage (“UM BI”) has been paid when due, that coverage
shown on the declarations will apply under this Policy and is subject to all Policy terms.
We will pay for compensatory damages, subject to the Limits of Liability, that an insured is legally entitled to
collect from the owner or driver of an uninsured motor vehicle because of bodily injury:
1. Sustained by that insured;
2. Due to a motor vehicle accident; and
3. That is causally connected to and arises out of the ownership, maintenance, or use of that uninsured
motor vehicle.
Underinsured Motorist Bodily Injury Coverage (“UIM BI”)
If the premium for Underinsured Motorist Bodily Injury Coverage (“UIM BI”) has been paid when due, that
coverage shown on the declarations will apply under this Policy and is subject to all Policy terms.
We will pay for compensatory damages, subject to the Limits of Liability, that an insured is legally entitled to
collect from the owner or driver of an underinsured motor vehicle because of bodily injury:
1. Sustained by that insured;
2. Due to a motor vehicle accident; and
3. That is causally connected to and arises out of the ownership, maintenance, or use of that underinsured
motor vehicle.
Uninsured Motorist Property Damage Coverage (“UM PD”)
If the premium for Uninsured Motorist Property Damage Coverage (“UM PD”) has been paid when due, that
coverage shown on the declarations will apply under this Policy and is subject to all Policy terms.
We will pay for compensatory damages, subject to the Limits of Liability, for property damage that an insured
is legally entitled to collect from the owner or driver of an uninsured motor vehicle due to a motor vehicle
accident. This UM PD coverage shall be payable only if all the following conditions are met:
1. The property damage must be caused by an accident that:
a. arises out of the ownership, maintenance, or use of that uninsured motor vehicle; and
b. involves actual physical contact between the insured auto (or a newly acquired auto) and the
uninsured motor vehicle;
2. The owner, driver, or license plate number of the uninsured motor vehicle is identified by:
a. name and address; or
Form 1918 UT (08-2021)
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b. any other information as proof to establish that the owner or at-fault driver of the uninsured motor
vehicle has no liability bond or policy that applies at the time of the accident; and
3. The insured, or someone on behalf of the insured, reports that accident within ten (10) days of the
accident to us or our agent.
If there is a covered loss under this UM PD coverage, and a child safety seat or restraint system was damaged,
or its integrity compromised, due to that loss, then subject to the limit of liability shown on the declarations for
UM PD, we will pay to replace it with a car seat of like kind and quality, but not to exceed a sublimit of $250.
That seat or system must have been attached in the auto at the time of the covered accident and loss. No
deductible applies to that damaged seat or system.
However, no coverage applies under Section C to or for any type of property damage or related loss caused by
the owner or driver of an underinsured motor vehicle.
ADDITIONAL DEFINITIONS
This Part C Definitions section defines some words and phrases used in Part C. Defined words and phrases
are shown in bold face type. The words, phrases and meanings set forth directly below apply:
1. When that word or phrase is used in Part C; and
2. Even if the word or phrase is being used in the singular, plural, possessive or active or passive tense.
Insured means:
1. You, relatives (including the named insured’s dependent minor children whether or not a resident of the
named insured’s household) and rated drivers.
2. Any other person who, at the time of the accident, is occupying or using an insured auto or a newly
acquired auto, if the operation and use of that auto is with permission from you.
3. Any person who is entitled to recover damages covered by this Part C because of bodily injury sustained
by a person described in this definition directly above.
However, insured does not include:
1. An undisclosed driver.
2. You, relatives, other rated drivers or any other person while any such person is occupying or using a
motorized vehicle or device (other than an insured auto or a newly acquired auto for which Part C applies
as shown on the declarations) if that vehicle or device is:
a. owned by;
b. registered in the name of; or
c. furnished or available for the regular or frequent use of;
you, a relative or a rated driver.
Property damage means, for UM PD Coverage only, physical injury to or destruction of an insured auto for
which UM PD Coverage has been purchased on this Policy (or a newly acquired auto), as a result of actual
physical contact with an uninsured motor vehicle.
Property damage does not include:
1. Loss of use.
2. Damage to, or destruction or loss of, any other personal property whether or not in or out of the insured auto.
Underinsured motor vehicle means a motor vehicle to which one or more liability bond or policies applies at
the time of the accident, but the sum of the limits of liability for bodily injury liability coverage is insufficient to
compensate fully the injured insured for all special and general compensatory damages that insured is legally
entitled to recover for bodily injury from the owner and/or driver of that motor vehicle.
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This definition only applies for the purposes of providing coverage for bodily injury under this Part C.
An underinsured motor vehicle does not include any vehicle or equipment:
1. Shown on the declarations or covered under the Liability Coverage on this Policy;
2. Owned by you or any dependent of a named insured ;
3. Designed for use mainly off public roads except while on public roads;
4. Operated on rails or crawler treads;
5. While located for or being used as a residence or premises; or
6. Which is an uninsured motor vehicle.
Uninsured motor vehicle means a motor vehicle that is:
1. Not insured or bonded for liability at the time of the accident;
2. Insured or bonded for liability at the time of the accident, but the insuring or bonding company:
a. denies coverage;
b. disputes coverage for the accident for more than sixty (60) days, or coverage continues to be disputed
for more than sixty (60) days, after it receives notice of a claim by or on behalf of the insured; or
c. is or becomes insolvent and the claim, or a portion of it, is not paid by a guaranty association or fund;
3. Insured or bonded for liability at the time of the accident, but the limits of liability are less than the required
minimum limits and no other bond or policy covers that deficiency;
4. For bodily injury only, an unidentified motor vehicle:
a. for which the owner or driver cannot be identified; and
b. that causes an accident resulting in bodily injury to an insured.
If there is no physical contact with that unidentified motor vehicle, then the insured shall show the
existence of that motor vehicle causing the accident by clear and convincing evidence consisting of more
than just that insured's testimony alone. . The testimony of an insured seeking any benefits under this
Policy is not independent corroborative evidence, unless supported by additional evidence; or
5. For property damage only, a hit-and-run motor vehicle that strikes, with actual physical contact, an
insured auto for which UM PD has been purchased on this Policy (or a newly acquired auto), but only if
the:
a. owner, driver, or license plate number of that motor vehicle causing the accident is identified by:
(1) name and address; or
(2) any other information as proof to establish that the owner or at-fault driver of the uninsured motor
vehicle has no liability bond or policy that applies at the time of the accident; and
b. insured, or someone on the insured’s behalf, reports that accident within ten (10) days of the accident
to us or our agent.
An uninsured motor vehicle does not include any vehicle or equipment:
1. Shown on the declarations or covered under the Liability Coverage on this Policy;
2. Owned by, furnished to or available for the regular use of you or a relative;
3. Designed for use mainly off public roads except while on public roads;
4. Operated on rails or crawler treads;
5. While located for or being used as a residence or premises;
6. Owned by any governmental unit or agency;
7. Owned or operated by a self-insurer under any financial responsibility, motor vehicle or similar law, except a
self-insurer that is or becomes insolvent; or
8. Which is an underinsured motor vehicle.
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EXCLUSIONS
THERE IS NO COVERAGE UNDER PART C:
1. For bodily injury sustained by an insured, or any property damage, as the result of an act of that insured
that is intended or reasonably likely to cause that bodily injury or property damage.
2. To the extent worker’s compensation benefits are required to be paid or are payable.
3. If the insured, or the insured’s legal representative, settles the claim and harms our rights or interests by
so acting.
4. For bodily injury sustained by an insured or property damage that occurs while using or occupying a
motorized vehicle or device (other than an insured auto or a newly acquired auto) if the vehicle or device
is owned by, or furnished or available for the regular use of, you, a relative or a rated driver.
5. For bodily injury sustained by an insured or property damage that occurs:
a. while occupying or using a vehicle without permission to do so from the owner or lawful custodian of
the vehicle, and with the intent to temporarily deprive that owner or lawful custodian of possession of
that vehicle. This does not apply to you, relatives or rated drivers when occupying an insured auto
insured for this coverage or a newly acquired auto.
b. when that insured, as a passenger in a vehicle, has knowledge that the vehicle is being operated
without the consent of its owner or lawful custodian, and with the intent to temporarily deprive that
owner or lawful custodian of possession of that vehicle.
For bodily injury, this does not apply as to:
a. medical and/or funeral expenses incurred by an insured who is under eighteen (18) years of age; or
b. an insured who is a law enforcement officer, as defined by Utah law, who is injured in the course and
scope of that officer’s duties.
6. To the extent it benefits, directly or indirectly, any:
a. worker’s compensation or disability benefits insurer or self-insurer under any such or similar law;
b. governmental unit or agency; or
c. insurer or self-insurer of property.
7. While an insured auto is:
a. rented, leased, sub-leased, or given by you, a relative or a rated driver to anyone in exchange for
payment or any form of compensation or value or reimbursement;
b. is entrusted to another person or party for the purpose of subleasing, leasing, renting or selling and is
no longer in the possession of you, a relative or a rated driver; or
c. subject to any conditional sale or purchase agreement not declared in this Policy.
This does not apply to you, a relative or a rated driver using or operating an insured auto.
8. For bodily injury, property damage or any other damages that result from war or any nuclear event.
9. For any type or sort of punitive or exemplary damages.
10. For bodily injury or property damage sustained while using any type of auto, motor vehicle or trailer:
a. as a public or livery conveyance; or
b. for any transport or delivery of persons, property, food or goods for compensation or a fee, or in the
course of any similar for-profit activity. For example, this exclusion applies but it not limited to:
(1) the pickup, carrying and drop off of persons, property, food or goods;
(2) any transport or delivery of food, packages, parcels or other property.
This does not apply to:
a. a share-the-expense car pool;
b. use for a charitable or volunteer purpose; or
c. for bodily injury to an insured when a passenger who is not operating a motor vehicle.
Form 1918 UT (08-2021)
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11. For bodily injury or property damage sustained by any person employed or engaged in any way in a
motor vehicle business.
12. For bodily injury or property damage sustained while in the course of any business of the insured unless
related to a business use that is acceptable and approved by us and for which you have paid a business
use surcharge on this Policy.
13. For bodily injury or property damage sustained by an insured who is operating or using any type of auto
or other motor vehicle for racing or performance driving.
14. For bodily injury or property damage sustained by an insured while committing, aiding or abetting a crime
that is a felony at the time of the accident. For bodily injury, this does not apply as to:
a. medical and/or funeral expenses incurred by an insured who is under eighteen (18) years of age; or
b. an insured who is a law enforcement officer, as defined by Utah law, who is injured in the course and
scope of that officer’s duties.
LIMITS OF LIABILITY
If purchased, the limit(s) of liability for UM BI, UIM BI and/or UM PD coverage(s) are shown on the
declarations and are subject to the following:
1. For any one covered accident, the limit that applies is the most we will pay no matter the number of:
a. insureds, heirs, survivors or wrongful death beneficiaries;
b. vehicles and/or trailers involved in the accident;
c. claims made;
d. lawsuits filed;
e. autos, trailers, or vehicles covered or shown on the declarations;
f. premiums paid; or
g. policies or bonds that apply.
There will be no adding, stacking or combining of coverage, except if and as otherwise set forth and
described in the Other Insurance or Coverage clause of this Part C.
2. Split Limit UM and/or UIM Coverage
If you bought coverage with a split limit that sets forth separate limits for bodily injury, then for your UM
and/or UIM Coverage:
a. The limit of liability shown on the declarations that applies “Per Person” is the most we will pay for all
covered damages due to bodily injury sustained by any one person in any one accident.
b. Subject to the limit of liability that applies “Per Person”, the limit of liability shown on the declarations
"Per Accident" is the most we will pay for all covered damages due to bodily injury sustained by two or
more persons in any one accident. Without changing this "Per Accident" limit, we will apply that limit
to provide any separate “per person” limit required by law for bodily injury liability.
c. The limit that applies “Per Person” includes all claims, causes of action and lawsuits of others that relate
to or derive from the bodily injury of the injured person. When allowed by law, this limit includes, but
is not limited to, all claims and lawsuits for:
(1) Emotional distress or mental anguish as a result of seeing the accident.
(2) Loss of: society, companionship, services, support and/or consortium.
(3) Wrongful death.
d. If you have purchased UM PD Coverage, the limit of liability shown on the declarations for “property
damage” or “UM PD” is the most we will pay for all covered damages due to property damage
sustained in any one accident, and also subject to the following:
(1) for the property damage, we shall not pay more than the lowest of the:
(a) actual cash value of the damaged property at the time of the accident; or
(b) cost to repair or replace.
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(2) our payment will not include, and you are responsible for (when applicable), the amount of:
(a) any deductible that applies as shown on the declarations. If no UM PD deductible is shown on
the declarations, then the Utah statutory UM PD deductible of $250 will apply.
(b) betterment to any property, including any costs for labor, parts, and materials to repair prior
damage, deterioration, and/or defects to the property that had not been repaired prior to the
accident.
(c) the salvage value if you or the owner retains salvage.
(3) PERMISSION TO RELEASE VEHICLE: This Policy allows us to act as your agent to move the
insured auto (or a newly acquired auto) to a secure, storage free inspection facility in the event
an insured auto is non-drivable and incurring storage and/or any additional accident expenses. We
will notify you before the auto is to be moved.
3. The limit is not increased in any way if there is a covered accident that involves a trailer attached to and
being towed by any vehicle.
4. The total damages an insured is legally entitled to recover because of the accident with the uninsured
motor vehicle or underinsured motor vehicle shall be reduced by any amount paid or to be paid because
of bodily injury or property damage:
a. by or on behalf of any persons or parties that may be legally responsible, including, but not limited to all
sums paid under Part A of this Policy;
b. under Part B of this Policy or under any medical payments, personal injury protection, no-fault and/or
first party benefits coverage of this or any other policy; and
c. under any workers’ compensation law, disability benefits law, or similar laws; and
d. from any other source of recovery, including this or any other insurance policy.
OTHER INSURANCE OR COVERAGE
If there is other similar coverage or source of recovery, the following apply subject to all other terms in this
Policy:
1. If the insured sustains bodily injury:
a. While occupying an insured auto, and that insured auto is shown on the declarations page of another
policy issued by us or any other insurer providing UM and/or UIM coverage:
(1) The total limits of liability under all such coverages shall not exceed that of the coverage with the
highest limit of liability; and
(2) We are liable only for our share. Our share is that proportion of the damages that the limit of
liability of this coverage bears to the total of all such UM and/or UIM coverage that applies to the
accident.
b. While occupying a vehicle not shown on the declarations of this Policy, coverage under this Policy
applies:
(1) As excess to any other UM and/or UIM that applies to the vehicle as primary coverage; but
(2) Only in the amount by which it exceeds the primary coverage.
Except, for UM BI coverage only, this excess clause does not apply when there is coverage under this
Part C for UM BI for the use a motor vehicle by you, relatives or the named insured’s dependent
minor children (if such motor vehicle is not owned by any such persons), and that motor vehicle is
owned either by:
(1) a person, business or governmental entity engaged in the business of, or that accepts payment for,
transporting persons by motor vehicle; or
(2) a school district that provides transportation services for its students;
in which case, we will provide primary UM BI coverage for that covered use of such a motor vehicle by you,
relatives or the named insured’s dependent minor children, but only:
(1) as compared to any insurance or self-insurance maintained by that motor vehicle’s owner; and
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(2) for the amount of damages that is less than or equal to the minimum limits for bodily injury.
2. If UM BI and/or UIM BI coverage under more than one policy issued by us or any other insurer applies as
excess:
a. The total limits of liability shall not exceed the difference between the limit of liability of the coverage that
applies as primary and the highest limit of liability of any one of the coverages that apply as excess
UM/UIM coverage; and
b. We are liable only for our share. Our share is that proportion of the damages that the highest limit of
liability of any policy issued by us bears to the total of all UM and/or UIM coverage applicable as excess
to the accident.
3. Notwithstanding the terms stated above in this “Other Insurance or Coverage” clause, if there is other similar
UM BI and/or UIM BI coverage for bodily injury under any other policy, the following terms also apply if,
when and as required by, and in accord with, Utah insurance laws governing UM BI and UIM BI (Utah
Insurance Code Title 31A, as amended):
a. For UM BI, election of 1 additional policy for certain insureds as set forth here:
Each of the following persons may also recover UM BI benefits under any one (1) other available policy
covering the accident under which that person is described as an “insured” or “covered person” for
purposes of UM BI coverage:
(1) an insured who sustains bodily injury as a pedestrian in an accident with an uninsured motor
vehicle.
(2) an insured who sustains bodily injury while occupying or using a motor vehicle that is not owned,
leased, or furnished to that insured, that insured's spouse or that insured's resident parent or
resident sibling.
b. For UIM BI, election of 1 additional policy for certain insureds as set forth here:
Each of the following persons may also recover UIM BI benefits under any one (1) other available
policy covering the accident under which that person is described as an “insured” or “covered person”
for purposes of UIM BI coverage:
(1) an insured who sustains bodily injury as a pedestrian in an accident with an underinsured
motor vehicle.
(2) an insured who sustains bodily injury while occupying, using, or maintaining a motor vehicle
that is not owned, leased, or furnished to that insured, that insured's spouse, or that insured's
resident parent or resident sibling, may also recover benefits under any one (1) other available
policy covering the accident and under which that insured is also a covered person as a named
insured, spouse, or relative. Such an insured is entitled to the highest limits of UIM BI coverage
under only one (1) additional policy per household applicable to that covered person as a named
insured, spouse, or relative.
c. Certain minor children with parents living apart, those children are entitled to 2 additional
policies as set forth here:
For purposes of UM BI and UIM BI, an insured may recover benefits from no more than two (2)
additional policies, one (1) additional policy from each parent's household if that insured:
(1) is a dependent minor of parents who reside in separate households; and
(2) sustains bodily injury while occupying or using a motor vehicle that is not owned, leased, or
furnished to that insured, that insured's resident parent, or that insured's resident sibling.
Each parent's policy is liable only for the percentage of that insured bodily injury damages that the
limit of liability of each parent's policy of UM BI coverage or UIM BI coverage, as applicable, bears to the
total of both parents' coverage applicable to the accident.
d. Coverage on the motor vehicle being occupied at the time of an accident shall be primary coverage,
and any additional coverage election shall be secondary coverage. Neither the primary nor the
secondary coverage may be set off against the other.
e. A person entitled to make an election of additional UM BI or UIM BI coverage is not barred against
making subsequent elections if recovery is unavailable under previous elections.
Form 1918 UT (08-2021)
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f. In no event may recovery under any available policies exceed the full amount of damages for bodily
injury.
4. As to property damage, if there is other similar coverage or source of recovery for property damage
and/or any damages arising from that property damage, then:
a. any insurance we provide for property damage shall be excess over any other property damage
insurance or coverage, including any coverage under Part D;
b. the total limits under all such coverages shall not exceed that of the coverage with the highest limit of
liability, but in no event shall the maximum recovery under all UM PD type policies combined exceed
$3,500 for any one auto; and
c. we are liable only for our share. Our share is that proportion of the property damage that the limit of
liability of this coverage bears to the total of all such UM coverage that applies to the property damage
with the same level of priority.
This “Other Insurance or Coverage” clause does not create, expand or imply any coverage that does not already
exist under the terms of this Policy.
SETTLEMENT / SUIT / ARBITRATION
1. We will not make a payment under Part C to or for an insured if it is determined that the owner or driver of
an uninsured motor vehicle or underinsured motor vehicle has liability insurance, self-insurance or bond
that applies until at least one of the following events occurs:
a. we and the insured reach a written settlement agreement;
b. after the limits of liability under all liability insurance, self-insurance and/or bonds that apply have been
exhausted by payment of judgments or settlements; or
c. if and as allowed by law, as amended, we have been given:
(1) at least thirty (30) days prior written notice of a settlement offer between the insured and insurer,
owner or driver of an uninsured motor vehicle or underinsured motor vehicle; and
(2) a reasonable chance to advance payment to the insured in an amount equal to that settlement offer
to protect our rights.
2. If we and an insured cannot agree as to either:
a. Fault: Is the insured legally entitled to collect damages from the owner or driver of an uninsured
motor vehicle or underinsured motor vehicle; or
b. Amount of damages: The amount of compensatory damages the insured is legally entitled to recover;
then upon mutual agreement in writing between us and the insured, arbitration may be used to resolve that
disagreement.
If arbitration is agreed to between the parties, then the arbitration shall be governed by the rules and
procedures set forth in the:
a. Utah insurance laws governing and relating to arbitration of uninsured and underinsured motor vehicle
claims (Utah Insurance Code Title 31A, Chapter 22, as amended); and
b. Utah Arbitration Act (Title 78B, Chapter 11, as amended);
unless all parties agree otherwise in writing and/or to an alternate form of arbitration.
If we and an insured cannot agree to resolve the dispute by arbitration, the insured has the right to file a
lawsuit within the statute of limitations that applies to a bodily injury occurring from a motor vehicle
accident.
3. If there is mutual agreement to arbitrate, then the following terms also apply:
a. The arbitrator(s) has no authority to:
(1) award any amount:
(a) in excess of the limit of liability;
(b) as punitive or exemplary damages; or
(c) for interest, costs or fees; or
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(2) decide any:
(a) coverage or policy issue; or
(b) issues or resolve any dispute as to anything other than the legal liability and damages as set
forth above; or
(3) consolidate claims or disputes in arbitration without the mutual consent of the parties.
b. No party shall be entitled to arbitrate any claims or disputes in a representative capacity or as a member
of a class.
4. If we and the insured have not reached a written settlement agreement or settlement by arbitration, or if
there is an agreement to arbitrate but the parties cannot agree on the neutral arbitrator(s), then the insured
shall, within the time period under the applicable statute of limitations for commencing a legal action for the
bodily injury or property damage:
a. file a lawsuit in a court with proper jurisdiction against the owner or driver of the uninsured motor
vehicle or underinsured motor vehicle if such owner or driver is known or reasonable ascertainable;
and
b. upon filing, immediately give us copies of the summons and complaints filed by the insured in that
action; and
c. secure a judgment in that action. The judgment must be the final result of an actual trial and an appeal,
if an appeal is taken.
If the insured files suit against the owner or driver of the uninsured motor vehicle or underinsured
motor vehicle, we have the right to defend on the issues of the legal liability of and the damages owed by
such owner or driver.
5. Any lawsuit against us must be filed within three (3) years following the date of the accident occurred, the
inception of the loss or when the cause of action accrues if, when and as required by law.
6. If the insured and the person or party legally liable for the insured's bodily injury or property damage
reach a settlement agreement to pay the insured such person's limits of liability, the insured must submit
the agreement to us in writing for our approval prior to final execution of such settlement agreement if:
a. the settlement would not fully satisfy the insured’s claim for bodily injury; and
b. an uninsured motor vehicle or underinsured motor vehicle claim has been or will be made against
us.
7. The insured may file suit against us and the legally liable person if, within thirty (30) days after our receipt
of the settlement agreement, we do not:
a. approve the settlement;
b. waive our rights of recovery against the person or party legally liable;
c. authorize the signing of a full release; or
d. agree to arbitrate the uninsured motor vehicle or underinsured motor vehicle claim.
The suit shall decide if the insured is legally entitled to collect damages and if so, how much.
8. Except as provided above:
a. we are not bound by any judgment against any person or party obtained without our written consent;
and
b. the insured shall not enter into any settlement with any person or party legally liable for the insured's
bodily injury or property damage without our written consent if the settlement agreement precludes
our right of recovery against such person or party.
PART D – PHYSICAL DAMAGE COVERAGES
COMPREHENSIVE COVERAGE INSURING AGREEMENT
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If the premium for Comprehensive Coverage is paid when due, that coverage shown on the declarations will
apply under this Policy and is subject to all Policy terms.
We will pay for a comprehensive loss to the following autos, including original equipment:
1. An insured auto.
2. A newly acquired auto.
3. A non-owned auto being used as a temporary substitute auto rented from an auto rental agency or repair
garage while an insured auto or a newly acquired auto is being repaired due to a covered
comprehensive loss or collision loss, while that temporary substitute auto is:
a. driven by, or in the custody of, you, a relative or a rated driver; and
b. used within the scope of consent of the owner of that temporary substitute auto.
If Comprehensive Coverage applies to a loss, we will also:
1. Pay the reasonable charges for necessary towing for which you become legally liable because of an
insured auto or a newly acquired auto being transported after a loss. We will not pay more than the
average towing charge in the geographic area where the loss occurred.
2. Repay you for temporary transportation costs incurred if an insured auto is stolen in its entirety, subject to
the following limitations. We will pay up to $20 per day, subject to a maximum of $600 per loss, for the period
that:
a. begins forty-eight (48) hours after you tell us and the police of the theft; and
b. ends when an insured auto is returned to use or seventy-two (72) hours after we offer to pay for the
comprehensive loss.
Transportation costs will not be paid under this clause if a higher limit for Rental Reimbursement Coverage
applies.
We must be given written proof (that can be verified) of the costs you incurred.
COLLISION COVERAGE INSURING AGREEMENT
If the premium for Collision Coverage is paid when due, that coverage shown on the declarations will apply
under this Policy and is subject to all Policy terms.
We will pay for loss caused by impact with any object or person, or overturning or upset, to:
1. An insured auto.
2. A newly acquired auto.
3. A non-owned auto being used as a temporary substitute auto rented from an auto rental agency or repair
garage while an insured auto or a newly acquired auto is being repaired due to a covered
comprehensive loss or collision loss, while that temporary substitute auto is:
a. driven by, or in the custody of, you, a relative or a rated driver; and
b. used within the scope of consent of the owner of that temporary substitute auto.
If Collision Coverage applies to a loss, we will also pay the reasonable charges for necessary towing for which
you become legally liable because of an insured auto or a newly acquired auto being transported after a
loss. We will not pay more than the average towing charge in the geographic area where the loss occurred.
We must be given written proof (that can be verified) of the costs you incurred.
CHILD SAFETY SEAT COVERAGE
If there is a covered loss under either Collision Coverage or Comprehensive Coverage, and a child safety seat
or restraint system was damaged, or its integrity compromised, due to that loss, then subject to the limit of
liability shown on the declarations, we will pay to replace it with a car seat of like kind and quality. That seat or
system must have been attached in the auto at the time of the covered loss. No deductible applies to this
coverage.
ADDITIONAL DEFINITIONS
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This Part D Definitions section defines some words and phrases used in Part D. Defined words and phrases
are shown in bold face type. The words, phrases and meanings set forth directly below apply:
1. When that word or phrase is used in Part D; and
2. Even if the word or phrase is being used in the singular, plural, possessive or active or passive tense
Comprehensive means all perils other than loss caused by collision, impact with any object or person, or
overturning or upset. A comprehensive type loss is caused by but not limited to:
1. Missiles;
2. Falling or thrown objects;
3. Fire or explosion (unless caused by a collision);
4. Theft or larceny;
5. Earthquake;
6. Windstorm or hail;
7. Water or flood;
8. Vandalism or malicious mischief;
9. Riot or civil commotion;
10. Contact with bird or animal; or
11. Breakage of glass (unless caused by a collision).
Custom equipment means equipment, parts, devices, accessories, enhancements and/or changes to an auto
or vehicle that:
1. Are not original equipment;
2. Add to, or alter, performance, function or appearance; and
3. Are permanently installed.
Custom equipment includes, but is not limited to:
1. Additional or customized furnishings or equipment such as:
a. custom wheels, seats, paint, decals, graphics, striping, chrome and/or murals;
b. tires that are not the size specified by the manufacturer;
c. ground effects, after-market lights, custom grilles, louvers, side pipes, hood scoops, spoilers and front
end protectors;
d. modified suspension, engines, carburetor or exhaust systems;
e. campers (bodies, slide-ons, shells, conversions) and height-extending roofs;
f. special carpeting, furniture, or bars;
g. facilities or equipment for refrigerating and sleeping;
h. winches, roll bars and running boards;
i. equipment to make a vehicle handicap accessible;
j. pickup truck caps, covers, bed liners; and
k. tool bench/boxes;
but not including equipment for cooking.
2. Electronic equipment designed for use in a vehicle and that reproduces, receives or transmits audio, visual,
digital or data signals such as:
a. radios, stereos, tape deck players, compact disc systems and satellite radio systems;
b. video entertainment systems, DVD or video players and televisions;
Form 1918 UT (08-2021)
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c. GPS and navigation systems;
d. emergency and roadside assistance detection and/or communication devices;
e. internet access systems;
f. personal computers;
g. mobile cellular and other telephones; and
h. two-way mobile radios, citizen band radios, and scanners.
Loss means sudden, direct, and accidental physical damage. Loss does not mean or include any diminution
in value.
Windshield is the front window glass panel of an auto. A windshield does not include side, roof or back
windows.
RENTAL REIMBURSEMENT
If Rental Reimbursement coverage is shown for an insured auto on the declarations, we will pay the rental
charges, up to the daily (per day) limit shown for this coverage on the declarations, for up to thirty (30) days,
for a temporary substitute auto rented from an auto rental agency or auto repair shop while that insured auto
or a newly acquired auto is inoperable or being repaired due to a covered comprehensive loss or collision
loss.
“Rental charges” as used in this Rental Reimbursement option are limited to:
1. The daily rental rate;
2. Mileage charges; and
3. Related taxes; and
does not include any insurance, tolls, fuel, GPS, car seats or other optional equipment or accessories offered or
available with the temporary substitute auto.
The Rental Reimbursement coverage:
1. Begins:
a. when an insured auto or a newly acquired auto is inoperable due to a loss covered under
Comprehensive Coverage or Collision Coverage; or
b. if an insured auto or a newly acquired auto can run, when you leave an insured auto at the shop for
agreed repairs; and
2. Ends:
a. when an insured auto or a newly acquired auto has been repaired, returned to you, or replaced ; or
b. seventy-two (72) hours after we offer a cash settlement for a total loss.
We must be given written proof (that can be verified) of the rental costs you have incurred if we are not paying
the rental agency or garage directly.
Rental Reimbursement does not apply to a recreational rental or business rental, and is limited to a temporary
substitute auto used as described above in connection with a covered comprehensive loss or collision loss.
EXCLUSIONS
THERE IS NO COVERAGE UNDER PART D OF ANY KIND, FOR OR RELATED TO:
1. Loss or damage to any type or sort of auto or trailer when that loss or damage:
a. is caused intentionally by or at the direction of you, a relative or a rated driver, or the owner of the
property; or
b. should be reasonably expected to result from an intentional act by you, a relative or a rated driver,
even if the loss that results is not of the same kind or degree that was intended to be caused.
This exclusion does not apply to an innocent co-insured’s legal interest in property if the:
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a. innocent co-insured did not cooperate in or contribute to the cause of the loss;
b. loss arose out of an act of domestic violence or abuse; and
c. person who caused the loss is criminally prosecuted for the act causing the loss.
2. Loss or damage to any type or sort of auto:
a. due and related only to:
(1) rust or corrosion;
(2) wear and tear;
(3) deterioration,
(4) freezing;
(5) wet or dry rot;
(6) mechanical or electrical breakdown; or
(7) road damage to tires. This exclusion does not apply:
(a) if the damage results from a total theft to which Comprehensive Coverage under this Policy
applies.
(b) to damage to tires covered by Emergency Road Service Coverage (if purchased).
b. due and related only to:
(1) prior loss or damage;
(2) the lack of routine and/or proper maintenance; or
(3) manufacturer's defects or faulty materials or parts.
3. Loss or damage while the auto is being used:
a. as a public or livery conveyance.
b. for any transport or delivery of persons, property, food or goods for compensation or a fee, or in the
course of any similar for-profit activity. For example, this exclusion applies but it not limited to:
(1) the pickup, carrying and drop off of persons, property, food or goods;
(2) any transport or delivery of food, packages, parcels or other property.
This does not apply to:
(1) a share-the-expense car pool; or
(2) use for a charitable or volunteer purpose.
c. in the course of any business of the insured unless related to a business use that is acceptable and
approved by us and for which you have paid a business use surcharge on this Policy.
4. Loss or damage to an insured auto or any newly acquired auto if it is:
a. rented, leased, sub-leased, or given by you, a relative or a rated driver to anyone in exchange for
payment or any form of compensation or value or reimbursement;
b. is entrusted to another person or party for the purpose of subleasing, leasing, renting or selling and is
no longer in the possession of you, a relative or a rated driver; or
c. subject to any lien, lease or sales agreement not shown on the declarations or on file with us.
5. Loss or damage to any non-owned auto used by you, a relative or a rated driver without permission to
do so from its owner, including any temporary substitute auto.
6. Loss or damage caused by, or arising out of the actual, alleged or threatened presence, growth,
proliferation or spread of, mold or fungus, without regard to the factors causing or contributing to its
growth, or for any testing or remediation of mold or fungus. This exclusion does not apply if the mold or
fungus are the direct result of a covered loss that is payable under Comprehensive Coverage or Collision
Coverage.
7. Loss or damage that results from pollutants or hazardous materials.
8. Loss or damage that results from war or any nuclear event.
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9. Loss or damage to any:
a. items of personal property (including, but not limited to, video devices, streaming devices, internet
devices, compact discs, tapes, citizens band radio, ham radio, mobile phones, iPads, tablets, power or
charging cords for electronic devices, devices wholly or partially designed to prevent radar detection or
circumvent any other law enforcement detection measures, clothing and tools). This does not apply to
permanently installed OEM electronic devices.
b. item that is not permanently installed unless expressly covered under the terms set forth under this
Part D.
c. portion of any custom equipment in excess of the limit that applies to custom equipment.
d. child safety seat to which Child Safety Seat Coverage applies.
10. Loss or damage to parts solely used for the purpose of racing or performance driving.
11. Loss or damage that occurs to an insured auto while it is being used for racing or performance driving.
This does not apply if the insured auto is being operated by a thief.
12. Loss or damage that occurs while you, a relative or a rated driver is committing, aiding or abetting a
crime in or with that auto.
13. Conversion, embezzlement or secretion of any auto.
14. Any taking, confiscation or destruction by any government or civil authority.
15. Repossession by any party acting on behalf of the owner of an insured auto or newly acquired auto.
16. Diminution in value.
17. Loss of use damages.
18. Loss or damage to any auto rented by you, a relative or a rated driver if the company renting that auto is
not entitled to recover for the loss under the terms of the rental agreement or under law.
19. For any loss, towing, transportation or salvage of any insured auto that occurs within the Republic of
Mexico.
20. For loss arising out of the operation of an insured auto or newly acquired auto by an undisclosed driver
with permission from you, a relative, or a rated driver.
LIMITS OF LIABILITY
The limit of our liability for any covered loss shall not be more than the lowest of the:
1. Actual cash value of the damaged or stolen property at the time of the loss, and including applicable tax
for the damaged or stolen property, license fees and other fees incident to transfer of evidence of
ownership; or
2. Cost to repair or replace.
The limit of our liability for a covered loss to custom equipment will not be more than $1,000. Coverage for
custom equipment will not cause our limit of liability for the loss to be increased to an amount greater than the
actual cash value of the auto, including all its custom equipment.
Our payment for any loss will not include, and you are responsible for, the amount of:
1. Any deductible that applies as shown on the declarations. However, if the loss:
a. is to more than one auto or trailer covered by this Part D resulting from the same collision, only the
highest applicable deductible will apply.
b. is the result of more than one accident or loss, a separate deductible shall apply to each accident or
loss.
2. Depreciation and betterment if the repair or replacement results in better property or in a better part with
regard to:
a. its market value;
b. the useful life of the part; or
c. improves the condition of the auto considering wear and tear and damage that existed prior to the loss
that had not been repaired.
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Our adjustment to the amount payable by us due to betterment or depreciation on parts replaced includes,
but is not limited to:
a. batteries;
b. tires;
c. engines;
d. transmissions; and
e. any other parts that wear out over time or have a finite useful life or duration typically shorter than the
life of the auto as a whole. This does not include external crash parts, wheels, windshields, or other
glass.
3. The salvage value if you or the owner retains salvage.
If coverage under this Part D applies to a non-owned auto, then the:
1. Broadest Comprehensive Coverage or Collision Coverage that applies to any one insured auto shown on
the declarations will apply; and
2. Highest deductible that applies to any one insured auto shown on the declarations will apply.
If you agree to have a windshield repaired at our expense after a loss, no deductible will be applied and we
then have no duty to also:
1. Pay the actual cash value of that windshield; or
2. Replace that windshield.
Under this Part D, we have no duty to cover or pay for any:
1. Diminution in value.
2. Storage costs in excess of the storage we reasonably determine is the average or customary charge for
such storage in the geographic area.
SETTLEMENT
To settle a covered comprehensive loss and/or collision loss:
1. We may pay (as limited by the Limits of Liability section above):
a. the actual cash value of the damaged or stolen property at the time of the loss, and including
applicable tax for the damaged or stolen property, license fees and other fees incident to transfer of
evidence of ownership; or
b. the cost to repair or replace the damaged or stolen property.
2. We may make any such payment directly to:
a. you, the owner of the property, or the loss payee/lienholder (if any is designated); or
b. a repair facility with your prior consent.
3. You or the owner must transfer the title of property to us at or before the time of payment if we make a
payment for theft or total loss of that property. This does not apply if you or the owner are keeping the
salvage.
4. We may:
a. at our expense, return any stolen property to you, to the address shown on the declarations, or to any
other owner. If we return stolen property, we will pay for covered damage resulting from the theft.
b. keep all or part of the property at an agreed or appraised value, but there shall be no abandonment of
property to us.
5. We have no duty to keep or preserve salvage.
OTHER INSURANCE OR COVERAGE
If any other insurance or source(s) of recovery covers the loss, we will pay only our share of the loss. Our
share is determined by adding the limits of this insurance to the limits of all other insurance or source(s) of
recovery that apply on the same level of priority and calculating the percentage of the total that our limits
represent, and apply that percentage to the amount of the covered loss.
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However:
1 This Policy’s coverage does not apply to a newly acquired auto if there is any other collectible insurance or
source(s) of recovery on or applicable to that newly acquired auto (except under a policy issued by us or
an insurance company that has common ownership with us).
2. Any coverage we provide on or with respect to a temporary substitute auto is excess to all other insurance
and self-insurance except where we are required by statute to provide this coverage to such vehicle on a
primary basis.
This “Other Insurance or Coverage” clause does not create, expand or imply any coverage that does not already
exist under the terms of this Policy.
APPRAISAL
Appraisal is an option to determine the amount of a loss as follows:
1. Either we or you may request an appraisal of the loss if we and you do not agree on the amount of that
loss.
2. In the event of a request for appraisal, each party will select a competent and impartial appraiser. The two
appraisers will select an umpire.
3. The appraisers will state separately the actual cash value and the amount of loss. If the appraisers fail to
agree, they will submit their differences to the umpire. A decision agreed to by any two of these persons
will be binding.
4. The appraisers and umpire have authority only to decide the amount of the loss. They have no authority to:
a. decide any coverage or policy issues under the Policy; or
b. award any fees, interest or costs.
5. Each party will:
a. pay its chosen appraiser; and
b. bear equally the expenses of the umpire and the costs of appraisal.
6. No rights are waived under this Policy by agreeing to an appraisal.
NO BENEFIT TO BAILEE
This Policy, and the coverages under it, shall not directly or indirectly benefit any carrier or other bailee for hire.
LOSS PAYEE - LIENHOLDER
If a “loss payee” or lienholder is designated and shown on the declarations, then a covered loss to an insured
auto or a newly acquired auto under this Policy will be paid according to your interest and that of any such
loss payee or lienholder. At our option, we may make separate payments according to those interests.
If the loss payee or lienholder makes a claim under this Policy, the loss payee or lienholder:
1. Must abide by all terms and conditions of this Policy; and
2. Has no greater rights than you to receive any payment.
If we pay the loss payee, to the extent of the payment, we shall be subrogated to the loss payee’s rights of
recovery.
We may rescind, cancel or terminate this Policy according to its terms and any such act shall also rescind,
cancel orterminate this agreement as to any loss payee’s interest. We will give notice as required by law.
If we pay a repair shop directly for repair of a loss with your consent, we have no duty to the loss payee or
lienholder with respect to that loss.
INSUREDS’ DUTIES AFTER ANY ACCIDENT OR LOSS
IMPORTANT WARNING:
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A partial or total denial of some or all coverage under this Policy may result if there is any failure to:
1. Give us and/or law enforcement notice; and/or
2. Cooperate and/or perform any duty listed below or elsewhere in the Policy.
However, if a person seeking coverage or benefits under this Policy fails to promptly give notice and/or file a proof
of loss, within any time period set forth by this Policy, that failure will not invalidate a claim made by that person
if that person both:
1. Shows it was not reasonably possible to give notice or proof of loss when required by this Policy; and
2. Gives that notice or proof of loss as soon as reasonably possible.
GIVE PROMPT NOTICE TO US OF ANY AND ALL:
1. Accident or loss. We, or our authorized agent, must be given notice immediately or as soon as
practicable after any accident or loss as to the fact it took place, and the time, place and date of its
happening. As soon as known or as soon as practicable after known, also give us these details:
a. all names and other relevant information of who was involved in the accident or loss. This also
includes, but is not limited to, witness, injury and loss information such as names, addresses and
telephone numbers of any witnesses and/or injured persons;
b. license plate information of vehicles involved or vehicle descriptions;
c. all known driver license information of persons involved;
d. any law enforcement action taken;
e. driving conditions; and
f. any other relevant information.
2. Claim or lawsuit. We must be given prompt and timely notice of any:
a. claim being brought; or
b. lawsuit that has been or is being filed;
that may affect this Policy and the benefits and rights under it. Copies of all notices, summons and/or other
legal papers and process, either sent or received, in connection with any accident or loss also must be
given to us.
GIVE PROMPT NOTICE TO LAW ENFORCEMENT WITHIN 24 HOURS OF ANY
ACCIDENTS OR LOSSES THAT INVOLVE:
1. Vandalism or theft;
2. Hit-and-run vehicles; or
3. Unidentified at-fault drivers.
Complete an official report to a law enforcement agency with jurisdiction within twenty-four (24) hours or as soon
as practicable.
COOPERATE FULLY:
You, relatives, rated drivers, insureds under this Policy and any other person or party seeking coverage from
this Policy (or any such person’s or party’s legal representative) must:
1. Fully cooperate in all matters with us, provide information to us and do whatever other duties are needed to
settle any and all claims.
2. Not prejudice our rights in any way, not admit fault, not assume any obligation to other persons or parties,
nor incur any expenses (other than first aid to others).
3. Give us proof of loss or claim, and under oath, if required by us.
4. Make a statement under oath or take an examination under oath (“EUO”). Such statement or EUO will be:
a. at a reasonable location of our choice;
b. conducted by us, or our representative, as often as reasonably required;
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c. outside the presence of any witness, person or party making a claim due to the same accident or loss,
or any other person except for:
(1) that person’s legal counsel; and/or
(2) a parent or guardian if the person making the statement is a minor or deemed incompetent by law;
and
d. recorded, by video and/or audio and/or court reporter, as we choose.
We may also require a statement under oath or an exam under oath (EUO) from:
a. any relative or any person who is an insured under any Part of this Policy and who may be able to help
us to get relevant information, even if that person is not claiming benefits under this Policy; or
b. any health care provider rendering services for which benefits are sought under this Policy.
5. Cooperate with us to investigate, settle and/or defend any claim, arbitration, mediation, appraisal or lawsuit,
and help us as needed to:
a. make settlements;
b. get, or authorize us to get or secure evidence;
c. give evidence;
d. obtain the attendance of witnesses at hearings, depositions and trial; and
e. conduct arbitration, mediation, appraisal or lawsuits.
6. Give us as often as we reasonably request:
a. current and prior accident, loss, bodily injury and treatment information; and
b. written authorization to obtain any such information we find is relevant or may lead to relevant
information.
7. Take physical and/or mental exams, to be done at our expense by licensed health care providers we
choose, as often as we may reasonably require.
8. Give us, and allow us to get, written, recorded and video statements, including statements under oath, as
often as we reasonably required, outside of the presence of any witness, person or entity making a claim
due to the same accident or loss, or any other person other than that person’s legal counsel.
9. Give us, and allow us to get with written authorization to be given to us, any and all relevant records and/or
documents (or copies thereof) including, but not limited to:
a. medical records and reports, including current reports, notes and tests results, records of prior medical
history and treatment, therapy records, and counseling records;
b. credit and financial records;
c. photographs;
d. telephone, including cellular, text messaging and all other telephonic communication records, including
billing records;
e. employment, income and/or wage information;
f. current and prior insurance claim and medical records; and
g. other records, receipts and/or invoices deemed by us to be relevant to investigate or settle a claim.
10. Take reasonable steps after damage to or loss of property to:
a. protect all property insured from further damage or loss. We will repay reasonable expenses incurred to
protect that property;
b. preserve, to the extent feasible, any and all damaged property (including but not limited to parts
removed from an insured auto) for inspection and testing; and
c. prevent costs when not necessary including, but not limited to, storage fees, impound fees, and parking
fees.
11. Allow us to inspect and/or take pictures or video of:
a. any auto or vehicle being used at the time of, or that was involved in, an accident or loss.
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b. all damage to or loss to property so it can be appraised before repair, replacement or disposal.
12. Allow or authorize us to get any information on any data, video device, maintenance or event recorder
device installed or used in an auto, as we deem relevant to the facts of the accident or loss. This may
include information on, but is not limited to, any on-board computer, global positioning system (“GPS”) or
data recorder.
CLAIMS SETTLEMENT
1. When making a claim, any person or party seeking coverage from this Policy (or any such person’s or
party’s legal representative) must:
a. cooperate and comply with all applicable notice requirements, duties and terms set forth in this Policy;
and
b. assist us to settle any and all claims.
2. To adjust claims and determine amounts to be paid under this Policy, we may use:
a. estimating, appraisal or injury evaluation records, systems or tools;
b. records, systems or tools that may be developed by us or by third parties; and/or
c. information that may include and come from, but is not limited to, published resources, medical fee
schedules, and/or computer software, databases, and specialized technology.
POLICY EXCLUSIONS FOR ALL RIDESHARE ACTIVITY,
TRANSPORTATION NETWORK COMPANY (“TNC”) USE &
PERSONAL VEHICLE SHARING
THERE IS NO COVERAGE OR BENEFIT OF ANY KIND UNDER THIS PERSONAL AUTO POLICY FOR ANY
ACCIDENT, LOSS OR DAMAGE RESULTING FROM ANY:
1. Use of any motor vehicle, or other activity, associated with or connected to a transportation network
company. There is no coverage under the policy for any activity with any motor vehicle during the period
of time from the moment a driver participating in any activity with a transportation network company logs
on to the transportation network company’s digital or online-enabled application or platform until the driver
logs off the digital or online-enabled application or platform.
2. Transport of passengers or transport or delivery of property, food and other goods, from the moment a
driver participating in any activity with a transportation network company logs on to the transportation
network company’s digital or online-enabled application or platform until the driver logs off the digital or
online-enabled application or platform.
3. Use of any motor vehicle, or other activity, associated with or connected to a personal vehicle sharing
program or other similar program that engages in the business of facilitating the sharing of private
passenger motor vehicles.
This Exclusion does not apply to coverage under Personal Injury Protection Coverage, Uninsured Motorists
Coverage or Underinsured Motorists Coverage with respect to bodily injury to you, a relative or a rated driver
who sustains bodily injury while riding as a passenger in, and who is not operating, a motor vehicle other than
an insured auto.
If we are required by law to disregard any of the exclusions listed above and as a result provide insurance under
this Policy, any insurance provided by us shall be limited to the minimum types and limits required by that law,
and shall be excess to:
1. All other insurance, contingent insurance, self-insurance, liability bonds, certification of financial
responsibility, and protection pursuant to a financial responsibility filing; and
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2. The financial responsibility or insurance limits required by law to be maintained by the transportation
network company or the personal vehicle sharing program.
POLICY LIMITS
TWO OR MORE POLICIES OR INSUREDS
If this Policy and any other auto or motor vehicle insurance policy issued to you by us (or any insurers that
have common ownership or affiliation with us) apply to the same accident, damage or loss:
1. Our limit of liability under all those policies shall not exceed the highest limit of liability for the coverage that
applies under any one of those policies.
2. The limit of liability may not be added, combined or stacked with similar coverage under any other auto or
motor vehicle policy issued by us (or any insurers that have common ownership or affiliation with us).
However, this limitation does not apply to Uninsured Motorist Coverage or Underinsured Motorist Coverage under
Part C, but only if and to the extent described by the terms under the “Other Insurance or Coverage” clause of
that Part C.
Our limit of liability under this Policy is not increased in any way if more than one person or party is shown as
the named insured on the declarations
NON-DUPLICATION
No person or party is entitled to receive duplicate payments from us for the same elements of damages,
expense or loss already paid or to be payable:
1. Under any coverage or Part of this Policy; or
2. By any other insurance (whether or not issued by us, any insurers that have common ownership or
affiliation with us or any other insurer) or any other source of recovery.
POLICY TERMINATION
CANCELLATION
Cancellation or cancel means the Policy will end or be terminated during the current Policy period and before
the end of the Policy period as follows:
1. CANCELLATION BY NAMED INSURED
A named insured shown on the declarations may decide to cancel this Policy during the Policy period. To
be effective, this shall be done by:
a. giving us, or our authorized agent, advance written notice stating a future date and time when the
named insured is requesting the Policy to be cancelled;
b. returning this Policy to us; or
c. by any other means agreed to by both the named insured and us.
Cancellation by any one named insured shall be binding as to all named insureds and all others who
would be insured under this policy.
2. CANCELLATION BY US
We may decide to cancel this Policy during the Policy period, as allowed by law, as follows:
a. When this Policy has been in effect for less than sixty (60) days, we may cancel this Policy for any
reason allowed by law.
b. When this Policy has been in effect for sixty (60) days or more, or if this is a renewal or continuation
policy, we may cancel only for one or more of the following reasons:
(1) nonpayment of premium when due;
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(2) the Policy was obtained or continued through fraud or material misrepresentation;
(3) a substantial breach of contractual duties, conditions, or warranties including, but not limited to, if
you, a relative or a rated driver engaged in material misrepresentation, concealment or omission
when presenting or settling a claim under this Policy;
(4) your driver license or that of any driver who:
(a) lives with you; or
(b) customarily uses an insured auto;
has been suspended or revoked during the 36 months preceding the effective date of this Policy or
any renewal date thereof, unless that person is a named excluded driver; or
(5) a substantial change in the risk assumed, unless we should reasonably have foreseen the change
or contemplated the risk when entering into the contract.
c. If we decide to cancel this Policy, we will send cancel notice to the first named insured shown on the
declarations at the last address shown in our records. This notice will be sent at least:
(1) ten (10) days before the effective date of cancellation if:
(a) cancellation is for nonpayment of premium when due; or
(b) the cancel notice is sent during the first fifty-nine (59) days of the first Policy period;
(2) thirty (30) days before the effective date of cancellation in all other cases.
This policy will end at the earliest effective date and time shown in any cancel notice.
3. RETURN OF PREMIUM UPON CANCELLATION
If this Policy is cancelled, any unearned premium will be:
a. refunded and calculated on a pro rata daily basis; and
b. returned to the named insured within a reasonable period of time.
The making of, or offering to make, a refund is not a condition of cancellation and does not change the
effective cancel date.
4. Nothing in this “Cancellation” clause shall supersede or waive any of our rights to rescind this Policy(as
allowed by law).
NON-RENEWAL
Non-renewal means the Policy will not be continued or renewed at and after the end of the current Policy period
as follows:
1. NON-RENEWAL BY NAMED INSURED
If we offer to renew the Policy and we do not receive that premium payment to renew when due:
a. that nonpayment is deemed the named insured’s rejection of our offer to renew the policy; and
b. named insured agrees that the Policy will expire and lapse under its own terms by automatically ending
at the end of the current Policy period.
2. NON-RENEWAL BY US
We may decide not to renew or continue this Policy at the end of the Policy period shown on the
declarations for any reason allowed by law. If we decide not to renew or continue this Policy at the end of
a Policy period:
a. we will send notice to the first named insured shown on the declarations at the last address shown in
our records; and
b. notice will be sent at least thirty (30) days before the end of the Policy period.
AUTOMATIC TERMINATION
The Cancellation and Nonrenewal terms of this Policy do not apply if:
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1. You reject our offer to renew or continue this Policy by not paying the required renewal or continuation
premium when due. In this case, you have allowed the Policy to expire and lapse under its own terms so
that it automatically ends at the end of the current Policy period.
2. An insurable interest no longer exists in the property insured. This occurs when a person or party, other than
you, a relative or a rated driver, becomes the owner of an insured auto. In this case, coverage for that
auto will end at the earlier of the time the:
a. new owner obtains possession; or
b. ownership is conveyed to the new owner.
3. You get other motor vehicle insurance on an insured auto or a newly acquired auto. In this case, any
similar insurance provided by this Policy will end, but only as to that auto, on the effective date of the other
motor vehicle insurance.
OTHER TERMINATION TERMS
This Policy is neither severable nor divisible. Any cancellation or nonrenewal of the Policy, whatever the
reason, will be effective for all:
1. Autos, trailers and/or any other vehicles to which this Policy may apply; and
2. Persons and parties.
Nothing in this “Policy Termination” clause, or any other part of the Policy, obligates us to renew or continue
this Policy, or waives our rights to rescind this Policy (as allowed by law).
POLICY CHANGES
JOINT & INDIVIDUAL INTERESTS
When there are two or more named insureds shown on the declarations, one (1) named insured acts for all
named insureds to change or end the Policy. The action of one (1) named insured is binding on all persons
and parties under this Policy.
CHANGE OF POLICY TERMS
1. POLICY CHANGES BY YOU
You must promptly, and no later than thirty (30) days after the date of the change, give us or our agent
notice of changes that affect your Policy. These include, but are not limited to, changes to:
a. the number, type, and/or use of autos, motor vehicles or trailers insured under your Policy;
b. the number of relatives or other drivers using the autos, motor vehicles or trailers insured under your
Policy;
c. driver license status, driving history or marital status of any person who resides in your household or
who regularly operates an insured auto; and
d. your address and/or the principal place where you garage any of the autos, motor vehicles or trailers
insured under your Policy.
2. POLICY CHANGES BY US
The terms of this Policy contract may be changed or waived only if agreed to, and done in writing, by us.
This can be done by our issuance of a revised declarations, an endorsement or a revised policy. If we
make a change to this Policy during the Policy period that:
a. expands any coverage without an extra premium charge, you will have the expanded coverage if that
coverage is in effect on this Policy when the change occurs. The effective date of a change will be the
date we implement that change in your state.
b. both expands and limits coverage, and is to be implemented with a general program revision, it will be
given to you and effective by way of a new version of your Policy, or an amendatory endorsement,
upon renewal.
Form 1918 UT (08-2021)
Page 44 of 51
3. If any change to your Policy requires a premium adjustment or other action, we will:
a. give you notice of the premium or other change; and
b. adjust the premium or take required action, to be effective the date of the change, in accord with our
Rules and Guidelines.
CHANGE OF POLICY INTERESTS - TRANSFER OR ASSIGNMENT OF YOUR
INTEREST
You may not transfer or assign any of your interests, rights and/or duties under this Policy except as allowed by
the express terms of this Policy for assignment of benefits under Part B – PIP.
However, if a named insured shown on the declarations dies during the Policy period, coverage will be
provided for:
1. That named insured’s surviving spouse, or registered domestic or civil union partner if that person
was residing in the same household as the named insured at the time of death. Coverage applies to that
spouse or registered domestic or civil union partner as if a named insured shown on the declarations;
and
2. Any person with proper custody of an insured auto or a newly acquired auto, until a legal representative is
qualified; and then
3. The legal representative of the deceased named insured, but only with respect to and within the scope of,
such representative’s legal duty to maintain or use an auto or a newly acquired auto.
Coverage shall not apply under this Policy to any auto not owned by the named insured, or the named
insured’s spouse or registered domestic or civil union partner on the date of the death of the named
insured.
Any person or party who obtains any interest in the Policy, or its benefits, is subject to all the terms and
conditions of the Policy. Policy notice requirements are met by mailing the notice to the deceased named
insured's last known address in our records.
POLICY TERMS & CONDITIONS
POLICY PERIOD & TERRITORY
The Policy period and territory is as follows:
1. This Policy applies only during the Policy period which is:
a. is shown on the declarations, as amended, and ends at 12:01 A.M. in the time zone that applies to the
address shown on the declarations; and
b. runs for successive periods shown on the declarations, as amended, if the required renewal premium
is paid when due.
2. This Policy does not apply:
a. outside the Policy period shown on the declarations;
b. during any lapse in coverage under this Policy; or
c. after this Policy has been cancelled or otherwise terminated.
3. If you apply for coverage on the same day the Policy is to start, no coverage shall apply on that first day of
the initial Policy period before the time you apply for coverage and we accept the risk.
4. The Policy territory is:
a. in the United States of America, and its territories and possessions;
b. Canada;
c. Puerto Rico; and
d. While an insured auto is shipped between the ports of the territory described above in 4.a. and 4.b.
Form 1918 UT (08-2021)
Page 45 of 51
This Policy only applies to accidents and loss that take place within this Policy territory, except as otherwise
further limited under Part B - Personal Injury Protection Coverage for certain insureds as defined under that
Part B.
5. The Policy territory does not include the Republic of Mexico (“Mexico”). It is a crime for a person to operate
a motor vehicle in Mexico without a liability policy issued by an insurer licensed to sell insurance in Mexico.
We are not licensed to sell insurance in Mexico. This insurance will not satisfy the minimum insurance
requirements in Mexico. This Policy does not provide any coverage to any accident, property damage,
bodily injury, loss, expense or claim, wherever defined or referred to in this Policy, that occurs within
Mexico or between its ports and the Policy territory.
PREMIUM PAYMENT
As to payment of premium for this Policy:
1. All premium, and any fees or charges that apply, must be paid when due for coverage to apply.
2. Coverage and benefits under this Policy are conditioned on our receipt of the full and valid payment of the
initial down-payment of premium. We have the right to rescind the policy from its inception if the initial
down-payment is unpaid or dishonored for any reason.
3. If an initial premium payment is unpaid or dishonored for any reason, such as being made with an
uncollectible instrument or it is not honored upon presentment, this Policy will be deemed rescinded
from itsinception. When the policy is rescinded from its inception, it means:
a. it is as if the Policy never existed; and
b. we will not be liable under this Policy for any coverage, claims, bodily injury, property damage, loss,
expenses or damages which would otherwise be covered if the check, draft, or remittance had been
honored upon presentment.
4. If we are required by law to make any payment after we rescind this Policy, you must pay us for all
expenses incurred and payments made.
5. We reserve the right to restrict the form of payment we will accept.
PROOF OF NOTICE
Proof that we have sent notice is done as follows:
1. Any proof of:
a. mailing notice; or
b. sending or delivering notice;
whether shown by post, electronically or otherwise, shall be sufficient proof of notice, except when state law
requires otherwise.
2. If and when allowed by law:
a. we may send or deliver, by way of electronic devices or other methods, any notice instead of mailing it.
b. sufficient proof of notice includes, but is not limited to, proof of:
(1) mailing, which means evidence that a notice or paper has been presented to the United States
Postal Service for mailing, which may be shown by use of:
(a) any form of certificate of mailing or certificate of bulk mailing issued by the United States Postal
Service;
(b) intelligent mail barcode or another similar tracking method used and approved by the United
States Postal Service; or
(c) other credible proof of mailing or sending of actual notice.
(2) delivery directly to you, including delivery via e-mail, phone text, fax or any type of electronic
device.
ELECTRONIC TRANSACTION OF INSURANCE
Form 1918 UT (08-2021)
Page 46 of 51
When allowed by law and agreed to by you and us, you and we agree that electronic signatures, notices and
forms:
1. May be used to transact this insurance;
2. Will satisfy any legal or other requirement for written signatures, notices or forms; and
3. Shall include, but are not limited to, any assent, acceptance, agreement, election, selection, rejection, notice
or form done as a recorded telephonic signature or assent or sent via e-mail, internet, text message or fax.
When a law requires a signature on any form or document, or letter or document to be notarized, verified or
acknowledged or made under oath, the electronic signatures will satisfy this requirement if the signature of the
person authorized to perform the service of notarizing, verification, or acknowledgment is attached or logically
associated with the signature or electronic signatures of record.
COMPLIANCE WITH STATE LAW
This Policy and all terms within it will be applied in accord with applicable state law.
If any of the terms of this Policy:
1. Do not comply with the laws of the state where this Policy is issued to, that Policy term(s) is amended to
comply with the state law that applies.
2. Are found invalid by a court with proper jurisdiction, then that Policy term(s) is amended so that it:
a. does not apply to the portion of the otherwise covered damages or loss that is less than or equal to
minimum limits or minimum amounts of coverage required by law; and
b. continues to apply to the portion of the damages or loss that is greater than minimum limits or
minimum amounts of coverage required by law.
All other Policy terms remain unchanged and in full effect.
OUR RIGHTS TO RECOVER PAYMENTS - SUBROGATION & REIMBURSEMENT
As to subrogation and reimbursement, the following terms apply:
1. Any person or party, to or for whom a payment is made under this Policy, must:
a. cooperate with us by doing whatever is needed to protect our interests and rights to recover our
payment if there is another responsible or at-fault person or party. This cooperation may include, but is
not limited to, filing legal papers and taking action as requested by us to recover our payment; and
b. not do anything after the accident or loss to harm our interests and rights.
2. If a payment is made under this Policy, then to the extent allowed by law and for the amount of that payment
made by us to any person or party:
a. the right of recovery of any such person or party passes to us, and we will be subrogated to all the
rights of recovery that such person or party has against another.
b. any such person or party who recovers loss or damages from a responsible or at-fault person or party,
or an insurer of that person or party, shall hold the proceeds of that recovery in trust for us and
reimburse us.
c. which is not actually covered by this Policy but is required by law, then (to the extent allowed by law)
you must reimburse us to the full extent of all damages or loss paid by us as well as our claims
adjustment expenses.
3. Our rights to recover or be reimbursed do not apply as to a payment made under:
a. Physical Damage Coverage when a person, with the permission of you, a relative or a rated driver,
uses an insured auto or a newly acquired auto; or
b. Uninsured Motorist Coverage and/or Underinsured Motorist Coverage if we:
(1) have been given prompt written notice of a proposed settlement between an insured and the insurer
of an uninsured motor vehicle or underinsured motor vehicle (as defined in that coverage part);
and
(2) fail to make advance payment to that insured in an amount equal to the proposed settlement within
thirty (30) days after receipt of notice of the proposed settlement.
Form 1918 UT (08-2021)
Page 47 of 51
If we make advance payment to the insured in an amount equal to the proposed settlement within those
thirty (30) days after receipt of notice, our rights are retained and the insured must cooperate with us
and assist us in recovering those sums from any and all responsible or at-fault persons or parties.
c. Personal Injury Protection (PIP), except as against the liability insurer of the person at-fault for the motor
vehicle accident if that insurer has not tendered its full limits of liability, and as allowed by Utah insurance
law governing PIP. Any dispute as to the issue of liability for that reimbursement, and the amount of
reimbursement, shall be decided by mandatory, binding arbitration between the insurers in accord with
Utah insurance law governing PIP.
4. Deductible recovery is subject to the following if we pursue recovery from a responsible or at-fault person or
party:
a. we will seek recovery of any first party claimant’s deductible that may apply, unless expressly instructed
otherwise in writing by that person. We will give notice if we do not intend to collect the deductible
because subrogation proceedings have been discontinued.
b. we have the right to compromise or settle the deductible and property damage claims against the
responsible or at-fault person or party for less than the full amount. For those sums, you agree to be
bound by the:
(1) settlement agreement entered into by us and that person or party; or
(2) outcome of appraisal or arbitration.
c. subrogation recoveries may be shared on a proportionate basis when an agreement is reached for less
than the full amount of the loss, unless the deductible amount has been otherwise recovered. The
recovery shall be applied first to reimburse you for the amount or share of the deductible when the full
amount or share of the deductible has been recovered.
d. any reimbursement to you by us will be reduced by a proportionate share of expenses and attorney
fees incurred due to the recovery, but only if an outside attorney is retained to collect such recovery.
LEGAL ACTION AGAINST US
Legal actions are subject to the following:
1. No right to legal action against us exists until all the terms, duties and conditions of this Policy have been
met.
2. Any legal action against us for coverage under any Part of this Policy, or any legal action filed against us
following an accident or loss, must be commenced within three (3) years following the date of the accident
occurred, the inception of the loss or when the cause of action accrues if, when and as required by law.
3. In addition, as to Liability Coverage:
a. no person or party has any right to bring us into any action to determine the liability of an insured
under the Liability Coverage of this Policy.
b. no legal action may be brought against us until:
(1) we agree in writing that an insured under Liability Coverage has an obligation to pay for damages
due to a covered accident; or
(2) the amount of that obligation has been finally determined by judgment after trial and appeal (if any).
c. if execution against that insured (under the Liability Coverage of this Policy), or that person or party’s
estate, is returned unsatisfied, an action may be maintained against us to the extent that the liability is
covered by the Policy and subject to all Policy terms and limits.
4. We have no duty to retain or preserve salvage and/or property for any purpose, including for use as
evidence in any civil or criminal proceeding.
MISREPRESENTATION / CONCEALMENT / FRAUD
OUR RIGHT TO RESCIND
1. We have the right to rescind this Policy from its inception, and will do so, if in the initial application
Form 1918 UT (08-2021)
Page 48 of 51
you or your representative:
a. made incorrect or untrue statements or representations to us or our authorized agent as to any material
fact;
b. concealed, omitted or misrepresented any material fact; or
c. engaged in fraudulent conduct.
A fact is material if we would not have issued the Policy, would not have agreed to insure the risk or would
not have insured it at the premium initially charged.
2. After the initial application, any changes to this Policy that we make at your request are made in reliance
upon the information you or your representative provide. If we find out that you or your representative:
a. made incorrect or untrue statements or representations to us or our authorized agent as to any material
fact;
b. concealed, omitted or misrepresented any material fact; or
c. engaged in fraudulent conduct;
in connection with a requested change, we have the right to rescind this Policy effective the date ofthat
change or, at our option, reform the Policy as it existed immediately prior to the requested change.
3. If we rescind this Policy:
a. the Policy will be rescinded from its inception as if the contract was never formed and the Policy never issued.
b. there is NO coverage for any claims, damages or loss that would have otherwise been covered.
However, our rescinding of this Policy due to fraud or misrepresentation will not
prevent coverage under Part A as to an otherwise covered claim for payment to be made to an innocent
injured third-party, but such coverage shall be:
(1) only as required by law for an accident that occurs before we notify the named insured that the
policy is rescinded; and
(2) limited to the amount of damages that is less than or equal to the minimum limits for bodily
injury and property damage to an innocent injured third person or party.
c. you are responsible to repay us for all:
(1) amounts we are required by law to pay, and our related expenses, if law requires us to protect any
innocent third parties or requires us to pay any other amount; and
(2) our lawyer fees, costs and expenses if you, or your assignee or representative, dispute our right to
rescind and we prevail in any legal action to resolve that issue.
OUR RIGHT TO DENY COVERAGE
We will not provide coverage or benefits for any person or party who has:
1. Misrepresented, concealed, omitted or misstated a material fact or circumstance;
2. Engaged in fraudulent conduct; or
3. Aided, abetted or directed any behavior of the type listed in clause 1 or 2 directly above;
in connection with this Policy or any accident, loss or claim under it.
We may also cancel, non-renew or otherwise end this Policy, as allowed by law, for any such acts.
If we assert our rights under this Our Right To Deny Coverage clause, you are responsible to repay us for all:
1. Amounts we are required by law to pay, and our related expenses, if law requires us to make payment to
protect any innocent third parties or requires us to pay any other amount; and
2. Our lawyer fees, costs and expenses if you, or your assignee or representative, dispute our right to deny
coverage due to any conduct described above and we prevail in any legal action to resolve that issue.
Form 1918 UT (08-2021)
Page 49 of 51
ROADSIDE ASSISTANCE COVERAGE
If Roadside Assistance Coverage is shown on the declarations, we will pay for our authorized service
representative to provide the following services when necessary due to a covered emergency sustained by an
insured auto:
1. Towing of a covered disabled auto; and
2. Labor on a covered disabled auto at the place of disablement.
Additional Definitions for Roadside Assistance Coverage
When used in Roadside Assistance Coverage:
1. Covered disabled auto means an insured auto for which this coverage has been purchased that sustains
a covered emergency.
2. Covered emergency means a disablement that is a result of:
a. Mechanical or electrical breakdown;
b. Battery failure;
c. Insufficient supply of fuel, oil, water, or other fluid;
d. Flat tire;
e. Lock-out; or
f. Entrapment in snow, mud, water or sand within 10 feet of a road or highway.
Limits, Exclusions, Conditions and Other Terms for Roadside Assistance Coverage
1. If service is provided by an unauthorized service representative, we must approve the towing or other service
before it is performed and the amount we agree to reimburse shall not exceed the amount we pay for similar
services in the geographic area. An itemized receipt must be received by us within 60 days of the date of any
such pre-approved service.
2. Coverage under Roadside Assistance Coverage will not apply to:
a. The cost of purchasing parts, fluid, lubricants, or replacement keys, or the labor to make replacement
keys;
b. Installation of products or material not related to the disablement;
c. Labor not related to the disablement;
d. Labor on a covered disabled auto for any time period in excess of 60 minutes per disablement;
e. Towing or storage related to impoundment, abandonment, illegal parking, or other violations of law;
f. Assistance with jacks, levelers, airbags or awnings;
g. Labor or repair work performed at a service station, garage, or repair shop;
h. Auto storage charges;
i. Disablement that occurs on roads not regularly maintained, sand beaches, open fields, or areas
designated as not passable due to construction, weather, or earth movement;
j. Mounting or removing of snow tires or chains;
k. Tire repair;
l. Disablement that results from an intentional or willful act or action by you, a relative, a rated driver or
any other the operator of a covered disabled auto;
m. Disablement of any vehicle other than an insured auto shown with this coverage on the declarations;
n. Any insured auto while it is being used in a personal vehicle sharing program; or
o. A trailer.
3. Roadside Assistance Coverage is excess over any other collectible insurance or towing protection coverage.
4. We will not provide service under Roadside Assistance Coverage for more than three (3) occurrences to
any insured auto in any six (6) month period.
Form 1918 UT (08-2021)
Page 50 of 51
NAMED EXCLUDED DRIVER
A specifically named driver may be excluded from all coverage under this Policy. This can be done:
1. At the request of the named insured; or
2. By us where allowed or required by law to prevent the Policy from being cancelled, non-renewed or up-
rated to a higher premium under the laws of the state where you reside, as shown on the declarations.
If a specifically named driver is excluded:
1. Subject to clause #3 below, NO coverage is provided under any part of this Policy for any claim arising out
of any accident or loss that occurs while that named excluded driver is operating any motor vehicle.
2. NO coverage will apply to the excluded driver or for any other parties or persons, including, but not limited
to, you, relatives and any rated driver who may be liable vicariously or for negligent entrustment, as to any
accident or loss that arises out of the operation of a motor vehicle by a named excluded driver.
3. If the driver license of a person excluded from coverage has been denied, suspended, revoked, or
disqualified and that person excluded from coverage operates a motor vehicle, this named driver
exclusion shall:
a. exclude ALL liability coverage and ALL physical damage coverage without regard to the comparative
fault of the excluded driver.
b. notwithstanding anything to the contrary above, proportionately reduce any benefits otherwise payable
to the person excluded from coverage and to any named insured for benefits payable under uninsured
motorist coverage, underinsured motorist coverage, personal injury protection coverage, and first party
medical coverage to the extent the person excluded from coverage was comparatively at fault.
c. If the person excluded from coverage is 50% or more at fault in causing the accident, bar both the
excluded driver and any named insured from recovering any benefits under any under uninsured
motorist coverage, underinsured motorist coverage, personal injury protection coverage, and/or first
party medical coverage.
4. A named driver exclusion will continue to apply to this Policy and all renewals, reinstatements and
replacement policies unless and until:
a. we get written notice from the named insured ending that driver exclusion; and
b. the extra premium for coverage of that driver has been paid when due.
PRESIDENT
SECRETARY
Form 1918 UT (08-2021)
Page 51 of 51
WHAT DOES ROOT, INC.
FACTS DO WITH YOUR PERSONAL INFORMATION?
Why? Financial companies choose how they share your personal information. Federal law gives
consumers the right to limit some but not all sharing. Federal law also requires us to tell
you how we collect, share, and protect your personal information. Please read this notice
carefully to understand what we do.
What? The types of personal information we collect and share depend on the product or service
you have with us. This information can include:
◼ Drivers License and income
◼ Credit-based insurance scores and insurance claim history
◼ Transaction or loss history
How? All financial companies need to share customer’s personal information to run their
everyday business. In the section below, we list the reasons financial companies can
share their customer’s personal information; the reasons Root chooses to share; and
whether you can limit this sharing.
Does Root Insurance
Reasons we can share your personal information Can you limit this sharing?
share?
For our everyday business purposes — YES NO
such as to process your transactions, maintain your
account(s), respond to court orders and legal
investigations, or report to credit bureaus
For our marketing purposes — YES NO
to offer our products and services to you
For joint marketing with other financial companies YES NO
For our affiliates’ everyday business purposes— YES NO
information about your transactions and experiences
For our affiliates’ everyday business purposes— YES YES
information about your creditworthiness
For our affiliates to market to you YES NO
For nonaffiliates to market to you NO NO
sharing Please note:
If you are a new customer, we can begin sharing your information 30 days from the date
we sent this notice. When you are no longer our customer, we continue to share your
information as described in this notice.
However, you can contact us at any time to limit our sharing.
Questions Call 1-866-980-9431 or go to www.joinroot.com
Who we are
18 20 CW 02-2022
Who is providing this notice? Root Insurance Company, Root Insurance Agency, LLC, Root
Scout, LLC, Root Property & Casualty Company, Root Lone
Star Insurance Agency, and Redpoint Insurance Group, LLC
which are all either affiliates that operate under the Root, Inc.
umbrella or business partners.
What we do
How does Root Insurance protect my personal To protect your personal information from unauthorized access
information? and use, we use security measures that comply with federal law.
These measures include computer safeguards and secured files
and buildings.
We restrict access only to those employees and personnel who
need to provide you with products or services
How does Root Insurance collect my personal We collect your personal information, for example, when you
information?
◼ Apply for insurance or pay insurance premiums
◼ File an insurance claim or tell us where to send money
◼ Give us your contact information
We also collect your personal information from others such as
credit bureaus, affiliates, or other companies
Why can’t I limit all sharing? Federal law gives you the right to limit only
◼ sharing for affiliates’ everyday business purposes—
information about your creditworthiness
◼ affiliates from using your information to market to you
◼ sharing for nonaffiliates to market to you
State laws and individual companies may give you additional
rights to limit sharing.
What happens when I limit sharing for an Your choices will apply for everyone on your account.
account I hold jointly with someone else?
Definitions
Affiliates Companies related by common ownership or control. They can
be financial and nonfinancial companies.
Nonaffiliates Companies not related by common ownership or control. They
can be financial and nonfinancial companies.
◼ Non-affiliates we can share with include: insurance
companies, direct marketing companies, data analytics
companies, and companies who help deliver our advertising
to you.
18 20 CW 02-2022
Joint marketing A formal agreement between nonaffiliated financial companies
that together market financial products or services to you.
◼ Our joint marketing partners may include insurance
licensees.
Other important information
For CA Customers: We will not share your personal information with companies outside of the Root Insurance family of
companies, except for our everyday business purposes, for marketing our products and services to you, or with your
consent.
For insurance customers in only AZ, CT, GA, IL, MT, NV, NM, ND, OH, OR, and VA: The term “Information” means
information we collect during an insurance transaction. We will not use your medical information for marketing purposes
without your consent. We may share your Information with nonaffiliates without your prior authorization as permitted or
required by law. We may share your Information with insurance regulatory authorities, law enforcement, and consumer
reporting agencies. Information we obtain from a report prepared by an insurance-support organization may be retained
by that insurance-support organization and disclosed to others.
18 20 CW 02-2022
Underwritten by
Root Insurance Company
80 E Rich St Ste 500
Columbus, OH 43215
www.root.com
Amendatory Endorsement – Fees
Utah
This endorsement is attached to and changes the Policy.
The following is added to your Policy:
Fees
We reserve the right to charge the following fees:
● Policy Fee – A fee to initiate and/or renew the Policy;
● Installment Payment Fee – A fee to make a payment plan available to you. The installment payment fee
may also include a fee charged with the policy down payment;
● Late Payment Fee – A fee if your payment is not paid by the due date;
● Reinstatement Fee – A fee if this Policy is terminated but we agree to reinstate it. This fee will be added
to the unpaid, earned premium amount required to reinstate the Policy and will only be charged once per
reinstatement;
● Rewrite Fee – A fee if this Policy is terminated but we agree to rewrite it. This fee will be added to the
down payment amount required to write the Policy and will only be charged once per rewrite; and
● Any other fee(s) that is filed and/or approved where required by the state department of insurance or
other applicable regulator.
The above fees are not refundable, unless required by applicable state law. All fees will be administered in
accordance with the terms and conditions filed and/or approved where required by the state department of
insurance or other applicable regulator. Fees will be deducted first from any payment received from you.
Nothing herein contained shall be held to vary, alter, waive, or extend any of the terms, limits of liability,
conditions, or exclusions in this endorsement or the Policy to which this endorsement is attached other than as
stated above.
Form 1931 UT (08-2022) 1
Root Insurance Company
80 E Rich Street
Suite 500
Columbus, OH 43215
Notice of Adverse Action
Dear Heather Wood,
Thank you for choosing Root Insurance Company for your insurance needs.
We’re writing to let you know that an adverse action has been taken. As part of our standard process,
we secure third-party reports from consumer reporting agencies. State law and the Federal Fair Credit
Reporting Act require that we provide this notice.
At Root, we pride ourselves on fairness and transparency, and we want to help you better understand
the information we use and why the adverse action has been taken.
The following adverse action was taken:
The rate we have assigned to your car insurance policy is not our lowest rate. Root determined your
rate using various consumer reports, which may be different from the models most carriers use.
The adverse action was taken for the following reason:
We provided you a less favorable rating classification due, in part, to information we evaluated from
your Prior Insurance report.
Heather Wood
LexisNexis Risk Solutions Consumer Center - Prior Insurance Report
No information found
What you can do:
The Fair Credit Reporting Act states that you are entitled to a free copy of your consumer report
within sixty (60) days of receiving this letter. You have to make a request to the applicable consumer
reporting agency (listed below). If you want to dispute the accuracy or completeness of any
information included in your report, you will need to contact the consumer reporting agency directly.
It’s important to know that the consumer reporting agency did not make any decisions about
premium, rating or underwriting. They will not be able to explain your policy premium or the reason
for the adverse action.
Please read the next page for more information Page 1 of 2
Form 1930, revised 2021-08
Consumer reporting agencies:
LexisNexis Risk Solutions Consumer Center
P.O. Box 105108
Atlanta, GA 30348-5018
(888) 497-0011
Root Insurance Company - Notice of Adverse Action Page 2 of 2
Form 1930, revised 2021-08
Underwritten by
Root Insurance Company
80 E Rich Street Suite 500
Columbus, OH 43215
www.joinroot.com
E-Delivery Terms and Conditions
Revised: August 11, 2022
Please read these Terms and Conditions carefully. By voluntarily opting-in to
electronic delivery of notices and documents, you are affirmatively consenting to
these terms and conditions. If you disagree with these terms and conditions, do not
continue.
These Terms and Conditions may change from time to time and all updates will be emailed to
you, and it is your responsibility to review this information. When we do change these Terms
and Conditions, we may also revise the “Revised” date and may notify you or post a message
on the Website and/or through the Service.
Hardware Requirements: You will need to be able to access the Internet and have access to an
Android or iOS smartphone.
Software Requirements: You will need to have iOS version 13.0 and above or Android version
5.0 and above.
We will inform you of any changes to these hardware and software requirements. You will need
to review the new requirements and contact us should we make changes to the hardware or
software requirements for the e-delivery option such that you may no longer be capable of
accessing or retaining your electronic insurance documents and wish to opt out of e-delivery. In
this event, opting out of e-delivery will not impose any additional fees, though it may affect your
total premium.
You are responsible to inform us of any changes to your email address, as well as keeping your
You are responsible to inform us of any changes to your email address, as well as keeping your
email address active and capable of receiving new emails. Your email address can be updated
in the Root App, on Root's website, or by contacting us at [email protected] or toll-free at
(866) 980-9431. We are not responsible for issues due to emails sent to inactive or out-of-date
email addresses, unless we are solely negligent for using an incorrect address.
Your consent to these terms and conditions, confirms that you are consenting to receive all
policies, endorsements, notices and/or documents from us electronically, including notice of
nonrenewal and cancellation. However, there may be some documents that we continue to
send via mail due to legal or technological constraints. You do have the right to request any of
these documents in paper by contacting us at:
Email: [email protected]
Toll-free telephone: (866) 980-9431
Web: www.joinroot.com
You will not be charged a fee to receive any of these documents in paper. You can access your
documents to retain any notices sent electronically for your own records by tapping the policy
tab in the app and tapping “Policy Document.”
You may continue to receive delivery of the policy and all notices in hard copy; receive delivery
of the policy electronically, but receive all notices in hard copy; or receive delivery of the policy
and all notices electronically. You can manage these options, including opting-out of e-delivery,
by contacting us at [email protected] or toll-free at 866-980-9431.
State Specific Provisions:
For Kentucky and Tennessee Policyholders:
By consenting to this E-Delivery Terms and Conditions, you, the policyholder, elect to allow for
policies, notices and communications to be sent to the electronic mail address provided by you
and you should be aware that this election operates as consent by you for all notices to be sent
electronically, including notice of nonrenewal and cancellation. Therefore, you, the
policyholder, should be diligent in updating the electronic mail address provided to us in the
event that the address should change.
For Georgia Policyholders:
I AGREE TO RECEIVE ALL MAILINGS AND COMMUNICATIONS ELECTRONICALLY. SUCH
ELECTRONIC MAILING OR COMMUNICATIONS MAY EVEN INCLUDE CANCELLATION OR
NONRENEWAL NOTICES.
Heather Wood
First Named Insured
I verify and confirm that I have read and agree to the document(s) above, that I own
or lease the vehicle(s) on this policy, and that I am the Named Insured on this policy
and authorized to make the selections of coverage.
I understand that this constitutes a legal signature confirming that I acknowledge
and agree to the above Affirmation Statement.
Acknowledged at: 2025-01-04 20:37:59 UTC
Acknowledged by: Heather Wood, f55b7e5d-6b4e-466f-94f1-9f3a5c393b4c
Utah Bodily Injury Uninsured Motorists Coverage
Selection/Rejection
Utah law permits you to make certain decisions regarding Uninsured Motorists Coverage (UM).
This document describes this coverage and the options available with respect to Bodily Injury
Uninsured Motorists Coverage.
You should read this document carefully and contact us or your agent if you have any questions
regarding Uninsured Motorists Coverage and your options with respect to this coverage.
This document includes general descriptions of coverage. However, no coverage is provided
by this document. You should read your policy and review your Declarations page(s) and/or
Schedule(s) for complete information on the coverages you are provided.
Uninsured Motorists Coverage provides insurance protection to an insured for compensatory
damages for which the insured is legally entitled to recover from the owner or operator of an
uninsured motor vehicle because of bodily injury caused by an automobile accident. This
includes damages due to bodily injury resulting from an automobile accident with a hit-and-run
vehicle whose owner or operator cannot be identified or from an automobile accident caused
by the fault of another party where the other party has no liability insurance.
Utah law generally defines an uninsured motor vehicle to include, in part, a motor vehicle, the
operation, maintenance or use of which is not covered under a liability policy at the time of an
injury-causing occurrence, or a motor vehicle covered by a liability policy with liability limits
lower than required by the financial responsibility law of Utah.
In comparison, Utah law generally defines an underinsured motor vehicle to include, in part, a
motor vehicle, the operation, maintenance or use of which is covered under a liability policy at
the time of an injury-causing occurrence, but which has insufficient liability coverage to
compensate the injured party for bodily injury, sickness, disease, or death.
Utah law requires that automobile liability policies include Uninsured Motorists Coverage at
limits equal to the lesser of the limits of the Bodily Injury Liability Coverage, unless you reject or
select lower limits for Uninsured Motorists Coverage.
Selection Of Bodily Injury Uninsured Motorists Coverage Limits Required To Be Offered
HW I select limits for Bodily Injury Uninsured Motorist Coverage equal to my
Bodily Injury Liability Coverage.
Form 09, Utah, June 2019
Includes copyrighted material of Insurance Services Office, Inc., with its permission
I verify and confirm that I have read and agree to the document(s) above, that I own
or lease the vehicle(s) on this policy, and that I am the Named Insured on this policy
and authorized to make the selections of coverage.
I understand that this constitutes a legal signature confirming that I acknowledge
and agree to the above Affirmation Statement.
Acknowledged at: 2025-01-04 20:37:59 UTC
Acknowledged by: Heather Wood, f55b7e5d-6b4e-466f-94f1-9f3a5c393b4c
Form 09, Utah, June 2019
Includes copyrighted material of Insurance Services Office, Inc., with its permission
Utah Bodily Injury Underinsured Motorists Coverage
Selection/Rejection
Utah law permits you to make certain decisions regarding Underinsured Motorists Coverage
(UIM). This document describes this coverage and the options available with respect to Bodily
Injury Underinsured Motorists Coverage.
You should read this document carefully and contact us if you have any questions regarding
Underinsured Motorists Coverage and your options with respect to this coverage.
This document includes general descriptions of coverage. However, no coverage is provided
by this document. You should read your policy and review your Declarations page(s) for
complete information on the coverages you are provided.
Underinsured Motorists Coverage provides insurance protection to an insured for
compensatory damages for which the insured is legally entitled to recover from the owner or
operator of an underinsured motor vehicle because of bodily injury caused by an automobile
accident. This includes damages due to bodily injury resulting from an automobile accident
caused by the fault of another party where the other party has insufficient liability insurance.
Utah law generally defines an underinsured motor vehicle to include, in part, a motor vehicle,
the operation, maintenance or use of which is covered under a liability policy at the time of an
injury-causing occurrence, but which has insufficient liability coverage to compensate fully the
injured party for bodily injury, sickness, disease, or death.
In comparison Utah law defines an uninsured motor vehicle to include, in part, a motor vehicle,
the operation, maintenance or use of which is not covered under a liability policy at the time of
an injury-causing occurrence or a motor vehicle covered with liability limits lower than required
by the financial responsibility law of Utah.
Utah law requires that automobile liability policies include Underinsured Motorists Coverage at
limits equal to the lesser of the limits of the Bodily Injury Liability Coverage or the maximum
Underinsured Motorist Coverage Limits that we have available for your type of policy, unless
you reject or select lower limits for Underinsured Motorists Coverage.
Form 10, Utah, June 2019
Includes copyrighted material of Insurance Services Office, Inc., with its permission
Selection Of Bodily Injury Underinsured Motorists Coverage Limits Required To Be
Offered
HW I select limits for Bodily Injury Underinsured Motorist Coverage equal to
my Bodily Injury Liability Coverage.
I verify and confirm that I have read and agree to the document(s) above, that I own
or lease the vehicle(s) on this policy, and that I am the Named Insured on this policy
and authorized to make the selections of coverage.
I understand that this constitutes a legal signature confirming that I acknowledge
and agree to the above Affirmation Statement.
Acknowledged at: 2025-01-04 20:37:59 UTC
Acknowledged by: Heather Wood, f55b7e5d-6b4e-466f-94f1-9f3a5c393b4c
Form 10, Utah, June 2019
Includes copyrighted material of Insurance Services Office, Inc., with its permission
Important Notice
Root Insurance Company reserves the right to cancel this policy at any time in accordance with
our underwriting guidelines.
In the event this occurs, you will be notified of the cancellation as required by your state laws
and regulations.
If you have any questions, please contact Customer Service at [email protected].
I verify and confirm that I have read and agree to the document(s) above, that I own
or lease the vehicle(s) on this policy, and that I am the Named Insured on this policy
and authorized to make the selections of coverage.
I understand that this constitutes a legal signature confirming that I acknowledge
and agree to the above Affirmation Statement.
Acknowledged at: 2025-01-04 20:37:59 UTC
Acknowledged by: Heather Wood, f55b7e5d-6b4e-466f-94f1-9f3a5c393b4c
Root Insurance Co.
80 E Rich Street
Suite 500
Columbus, OH 43215
[email protected] (866) 980-9431
Application for Insurance
Policy Number: MN3D4T
Driver Information
Name: Heather Wood Mailing Address:
Named Insured? Yes 1699 E Sunset Rd
Date of Birth: **/**/1981 Lake Point, UT 84074
Active Duty Military? No Driver’s License State: UT
Homeowner? No Driver’s License Number: ******356
Homeowner Status: rent Marital Status: Single
Vehicle Information
Year, Make, and Model: 2020 Mercedes-Benz A220 VIN: W1K3G4EBXLW046808
Anti-Theft Equipment? Yes Garaging Address1: 1699 E Sunset Rd
Garaging Address2: Garaging City: Lake Point
Garaging State: UT Garaging Address ZIP Code: 84074
Purchase Date: January 6, 2025
Coverage Information
Coverage limits and deductibles
The following coverages apply to all listed vehicles unless otherwise noted.
Bodily injury liability $50,000 each person
$100,000 each accident
Property damage liability $50,000 each accident
Rental DECLINED
Form 1922 UT (08-2021)
Personal injury protection $5,000 each person
Uninsured motorist bodily injury $50,000 each person
$100,000 each accident
Underinsured motorist bodily injury $50,000 each person
$100,000 each accident
Uninsured motorist property damage DECLINED
Comprehensive $1,000 deductible. Limit of actual cash value.
Collision $1,000 deductible. Limit of actual cash value.
Roadside assistance $100 each incident (up to 3 incidents)
Rideshare & Delivery Endorsement DECLINED - No vehicles used for rideshare or delivery
activity
Any person who with intent to defraud or knowing that he or she is facilitating a fraud against an insurer, submits an
application or files a claim containing a false or deceptive statement is guilty of insurance fraud.
Your insurance policy and any policy endorsements contain a full explanation of your coverage.
I verify and confirm that I have read and agree to the document(s) above,
that I own or lease the vehicle(s) on this policy, and that I am the Named
Insured on this policy and authorized to make the selections of coverage.
I understand that this constitutes a legal signature confirming that I
acknowledge and agree to the above Affirmation Statement.
Acknowledged at: 2025-01-04 20:37:59 UTC
Acknowledged by: Heather Wood, f55b7e5d-6b4e-466f-94f1-
9f3a5c393b4c
Form 1922 UT (08-2021)