Creator:
Date Created:
Place Created:
Keywords:AMICA INSURANCE,November 29, 1972,December 2, 1972
Context:
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AMICA INSURANCE
November 29, 1972
December 2, 1972
H. Tracy Hall, Inc. 1711 North Lambert Lane Provo, Utah, 84601
1
CONDITIONS (Continued)
19.	Subrogation — Coverages A, B, D, E and F	temporary custody of the automobile, as an insured, and under division 1 In the event of any payment under this policy, the company shall be of coverage C while the automobile is used by such person, until the
subrogated to all the insured's rights of recovery therefor against any	appointment and qualification of such legal representative; provided that
person or organization and the insured shall execute and deliver instru-	notice of cancellation addressed to the insured named in Item 1 of the
ments and papers and do whatever else is necessary to secure such rights.	declarations and mailed to the address shown in this policy shall be
The insured shall do nothing after loss to prejudice such rights.	sufficient notice to effect cancellation of this policy.
20.	Other Insurance — Coverages A, B, D, E and F	24. Cancellation
If the insured has other insurance against a loss covered by this policy	This policy may be cancelled by the named insured by surrender
the company shall not be liable under this policy for a greater proportion	thereof to the company or any of its authorized agents or by mailing to
of such loss than the applicable limit of liability stated in the declarations	the company written notice stating when thereafter the cancellation shall
bears to the total applicable limit of liability of all valid and collectible	be effective. This policy may be cancelled by the company by mailing to
insurance against such loss; provided, however, under coverages A and B	the named insured at the address shown in this policy written notice
the insurance with respect to temporary substitute automobiles under	stating when not less than ten days thereafter such cancellation shall be
Insuring Agreement IV or other automobiles under Insuring Agree-	effective. The mailing of notice as aforesaid shall be sufficient proof of
ment VI shall be excess insurance over any other valid and collectible	notice. The time of the surrender or the effective date and hour of
insurance.	cancellation stated in the notice shall become the end of the policy period.
21.	Other Insurance — Coverage C	Delivery of such written notice either by the named insured or by the Under division 1 of coverage C, the insurance with respect to tempo-	company shall be equivalent to mailing.
rary substitute automobiles under Insuring Agreement IV or other auto-	If the named insured cancels, earned premium shall be computed in
mobiles under Insuring Agreement VI shall be excess insurance over any	accordance with the customary short rate table and procedure. If the
other valid and collectible automobile medical payments insurance.	company cancels, earned premium shall be computed pro rata. Premium
Under division 2 of coverage C, the insurance shall be excess over	adjustment may be made either at the time cancellation is effected or as
any other valid and collectible automobile medical payments insurance	soon as practicable after cancellation becomes effective, but payment or
available to an insured under any other policy.	tender of unearned premium is not a condition of cancellation.
22.	Changes	25. Terms of Policy Conformed to Statute
Notice to any agent or knowledge possessed by any agent or by any	Terms of this policy which are in conflict with the statutes of the
other person shall not effect a waiver or a change in any part of this policy	State wherein this policy is issued are hereby amended to conform to
or estop the company from asserting any right under the terms of this	6UCh statutes,
policy; nor shall the terms of this policy be waived or changed, except by	26. Mutual Provisions
endorsement issued to form a part of this policy, signed by a duly	This policy is non-assessable; but it is understood and agreed that
authorized representative of the company.	the holder hereof shall be entitled to such dividends as may be declared
23.	Assignment	by the board of directors. Assignment of interest under this policy shall not bind the company	27. Declarations
until its consent is endorsed hereon; if, however, the named insured shall	By acceptance of this policy the named insured agrees that the state-
die, this policy shall cover (1) the named insured's spouse, if a resident	ments in the declarations are his agreements and representations, that this
of the same household at the time of such death, and legal representative	policy is issued in reliance upon the truth of such representations and that
as named insureds, and (2) under coverages A and B, subject otherwise	this policy embodies all agreements existing between himself and the
to the provisions of Insuring Agreement III, any person having proper	company or any of its agents relating to this insurance.
In witness whereof, the Automobile Mutual Insurance Company of America, with respect to Coverages E and F and such other parts of the policy as are applicable thereto, and the Factory Mutual Liability Insurance Company of America, with respect to Coverages A, B, C and D and such other parts of the policy as are applicable thereto, has caused this policy to be signed by its President and Secretary at Providence, Rhode Island, and countersigned on the declarations page by an authorized representative of the company.
AUTOMOBILE MUTUAL INSURANCE COMPANY	FACTORY MUTUAL LIABILITY INSURANCE
OF AMERICA	COMPANY OF AMERICA
P4423 (/ Secretary. V	President. '	(/ Secretary. (/	President. "
STATE EXCEPTIONS
KANSAS — If this policy is issued in the State of Kansas:
Condition 12, Named Insured's Duties When Loss Occurs
Paragraph (a) is amended to read:
(a) use every reasonable means to protect the automobile (whether or not the loss is covered by this policy) from further loss; reasonable expenses incurred in affording such protection shall be deemed incurred at the company's request; Condition 13, Appraisal
The term "thirty days" is substituted for "sixty days".
NEW YORK — If this policy is issued in the State of New York: Exclusion (e)
This exclusion is deleted.
NORTH CAROLINA — If this policy is issued in the State of North Carolina: Condition 12, Named Insured's Duties When Loss Occurs
The following is added to paragraph (c) : The failure of the named insured to furnish proofs of loss as required by the terms of this policy shall not debar him from recovery hereunder unless within fifteen (15) days after receipt of notice of loss the company or its representatives shall provide the named insured with a blank or blanks in duplicate, to be used for the purpose of making such proofs of loss.
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EXCLUSIONS (Continued)
(m) under coverages D, E and F, if the automobile is or at any time be-	(q) under coverage E, to loss due to conversion, embezzlement or secre-
comes subject to any bailment lease, conditional sale, purchase agree-	tion by any person in possession of the automobile under a bailment
ment, mortgage or other encumbrance not specifically declared and	lease, conditional sale, purchase agreement, mortgage or other
described in this policy;	encumbrance;
(n) under coverages DE and F, to any damage to the automobile which	(f) under cove e D to breakage of glass if insurance with respect to
is due and confined to wear and tear freezing, mechanical or elec-	such breakage is otherwise afforded; tncal breakdown or failure, unless such damage is the result ot other
loss covered by this policy;	(s) under coverages D, E and F, to loss due to confiscation by duly con-
(o) under coverages D, E and F, to robes, wearing apparel or personal	stituted governmental or civil authority; clfccts *
' „ „ , r, , , ,, r .	(t) under coverages D, E and F, while the automobile is used in any illicit
(p) under coverages D, E and F, to tires unless damaged by fire or stolen	trade Qr transportation
or unless such loss be coincident with and from the same cause as
other loss covered by this policy;	(u) under coverages D, E and F, to loss due to radioactive contamination.
CONDITIONS
1.	Notice of Accident — Coverages A, B and C	12. Named Insured's Duties When Loss Occurs—Coverages D, E and F
When an accident occurs written notice shall be given by or on	When loss occurs, the named insured shall:
behalf of the insured to the company or any of its authorized agents as	(a) protect the automobile, whether or not the loss is covered by this
soon as practicable Such notice shall contain particulars sufficient to	policy, and any further loss due to the named insured's failure to
identify the insured and also reasonably obtainable information respect-	protect shall not be recoverable under this policy; reasonable expense
ing the time, place and circumstances of the accident, the names and	incurred in affording such protection shall be deemed incurred at
addresses of the injured and of available witnesses.	the company's request;
2.	Notice of Claim or Suit— Coverages A and B	(b) giy£ notice thereof as SQOn as practicable to the company or any 0f If claim is made or suit is brought against the insured, the insured	its authorized agents and also, in the event of theft, larceny, robbery
shall immediately forward to the company every demand, notice, sum-	or pilferage, to the police but shall not, except at his own cost, offer
mons or other process received by him or his representative.	or pay any reward for recovery of the automobile;
3.	Limits of Liability - Coverage A , .	(c) file proof of loss with the company within sixty days after the The limit of bodily injury liability stated in the declarations as	occurrence of loss, unless such time is extended in writing by the
applicable to each person is the limit of the company s liability for all	company, in the form of a sworn statement of the named insured
damages, including damages for care and loss of services, arising out ot	setting forth the interest of the named insured and of all others in
bodily injury, sickness or disease, including death at any time resulting	the property affected, any encumbrances thereon, the actual cash
therefrom, sustained by one person as the result of any one accident;	vaIue thereof at time of lo5Sj the amount> plac£; tirae and cause of
the limit of such liability stated in the declarations as applicable to	such loss> the amount of rental or other expense for which reimburse-
each accident is, subject to the above provision respecting each per-	ment is provided under this policy> together with original receipts
son, the total limit of the company s liability for all damages, including	therefor, and the description and amounts of all other insurance
damages for care and loss of services, arising out ot bodily injury, sick-	covering such property.
ness or disease, including death at any time resulting therefrom, sus-	, ' ,,„,.,.,,
tained by two or more persons as the result of any one accident.	Upon the company s request, the named insured shall exhibit the dam-
. r _	aged property to the company and submit to examinations under oath by
4- I^mit of Liability Coverage is	anyone designated by the company, subscribe the same and produce for
The limit j)t property damage liability stated in the declarations as	the company-s examination all pertinent records and sales invoices, or
applicable to each accident is the total limit of the company s liability	certified copies if originals be lost, permitting copies thereof to be made,
for all damages arising out of injury to or destruction of all property of	all at such reasonable times and places as the company shall designate, one or more persons or organizations, including the loss ot use thereof,
as the result of any one accident.	13. Appraisal — Coverages D, E and F
5 Limit of Liability_Coverage C	^ the named insured and the company fail to agree as to the amount
The limit of liability for medical payments stated in the declarations	°f loss> each shaI1> on the written demand of either, made within sixty
as applicable to "each person" is the limit of the company's liability for	days after receipt of proof of loss by the company, select a competent
all expenses incurred by or on behalf of each person, including each	a"d disinterested appraiser, and the appraisal shall be made at a reason-
insured, who sustains bodily injury, sickness, disease or death as the	a,ble time and PIace- Th,e appraisers shall first select a competent and
result of any one accident.	disinterested umpire, and failing for fifteen days to agree upon such
„ „ , _	umpire, then, on the request of the named insured or the company, such
6.	Severability ^ of Interests — Coverages A and B	umpire shall be selccted by a judge 0f a court of record in the county and
The term the insured is used severally and not collectively, but	stat£ in which such appraisal is pending. The appraisers shall then
the inclusion herein of more than one insured shall not operate to increase	appraise the loss, stating separately the actual cash value at the time of
the limits of the company s liability.	loss and the araount 0f iOSSi and fai]ing to agree shaU submjt their differ,
7.	Action Against Company — Coverages A and B	ences to the umpire. An award in writing of any two shall determine the
No action shall lie against the company unless, as a condition pre-	amount of loss. The named insured and the company shall each pay his
cedent thereto, the insured shall have fully complied with all the terms	or its chosen appraiser and shall bear equally the other expenses of the
of this policy, nor until the amount of the insured's obligation to pay	appraisal and umpire.
shall have been finally determined either by judgment against the insured	The company shall not be held t0 have waived any of its rights b
after actual trial or by written agreement ot the insured, the claimant	any act relating to appraisal and the company.
Any person or organization or the legal representative thereof who	14. Limit of Liability; Settlement Options; No Abandonment — Cov-
has secured such judgment or written agreement shall thereafter be en-	erages D and E
titled to recover under this policy to the extent of the insurance afforded	The limit of the company's liability for loss shall not exceed either
by this policy. Nothing contained in this policy shall give any person or	(1) the actual cash value of the automobile, or if the loss is of a part
organization any right to join the company as a co-defendant in any	thereof the actual cash value of such part, at time of loss or (2) what it
action against the insured to determine the insured's liability.	would then cost to repair or replace the automobile or such part thereof
Bankruptcy or insolvency of the insured or of the insured's estate	with other of like kind and quality, with deduction for depreciation,
shall not relieve the company of any of its obligations hereunder.	or (3) the applicable limit of liability stated in the declarations.
8.	Action Against Company — Coverage C	The company may pay for the loss in money or may repair or replace No action shall lie against the company unless, as a condition pre-	the automobile or such part thereof, as aforesaid, or may return any
cedent thereto, there shall have been full compliance with all the terms	stolen property with payment for any resultant damage thereto at any
of this policy, nor until thirty days after the required proofs of claim have	time before the loss is paid or the property is so replaced, or may take
been filed with the company.	or such part of the automobile at the agreed or appraised value but
„ . , „ „ . , _	there shall be no abandonment to the company.
9.	Financial Responsibility Laws — Coverages A and o
When this policy is certified as proof of financial responsibility for	15. Automatic Reinstatement — Coverages D and E
the future under the provisions of the motor vehicle financial respon-	When the automobile is damaged, whether or not such damage is
sibility law of any state or province, such insurance as is afforded by this	covered under this policy, the liability of the company shall be reduced
policy for bodily injury liability or for property damage liability shall	by the amount of such damage until repairs have been completed, but
comply with the provisions of such law which shall be applicable with	shall then attach as originally written without additional premium, respect to any such liability arising out of the ownership, maintenance or
use of the automobile during the policy period, to the extent of the	16- Payment for Loss; Action Against Company — Coverages D, E
coverage and limits of liability required by such law, but in no event in	and . , . .
excess of the limits of liability stated in this policy. The insured agrees	Payment for loss may not be required nor shall action lie against the
to reimburse the company for any payment made by the company which	company un ess, as a condition precedent thereto, the named insured
it would not have been obligated to make under the terms of this policy	s.ha11 have fully complied with all the terms of this policy nor until thirty
except for the agreement contained in this paragraph.	days after proof of loss is filed and the amount of loss is determined as
~ . it)	provided in this policy.
10.	Assault and Battery — Coverages A and B
Assault and battery shall be deemed an accident unless committed by	17. No Benefit to Bailee — Coverages D, E and F
or at the direction of the insured.	The insurance afforded by this policy shall not enure directly or in-
11.	Medical Reports; Proof and Payment of Claim — Coverage C	d"TC]tly t0 the benefit of any carrier or bailee liable for loss t0 the aut0' As soon as practicable the injured person or someone on his behalf	mobile.
shall give to the company written proof of claim, under oath if required,	18. Assistance and Cooperation of the Insured — Coverages A, B, D,
and shall, after each request from the company, execute authorization to	E and F
enable the company to obtain medical reports and copies of records. The	The insured shall cooperate with the company and, upon the company's
injured person shall submit to physical examination by physicians selected	request, shall attend hearings and trials and shall assist in effecting set-
by the company when and as often as the company may reasonably require.	tlements, securing and giving evidence, obtaining the attendance of
The company may pay the injured person or any person or organization	witnesses and in the conduct of suits. The insured shall not, except at his
rendering the services and such payment shall reduce the amount payable	own cost, voluntarily make any payment, assume any obligation or incur
hereunder for such injury. Payment hereunder shall not constitute an	any expense other than for such immediate medical and surgical relief
admission of liability of any person or, except hereunder, of the company.	to others as shall be imperative at the time of accident.
P4317
H. Tracy Hall, Inc. 1711 North Lambert Lane Provo, Utah 84601
Automobile Mutual Insurance Company of America
Factory Mutual Liability Insurance Company of America
October......!»..,......19.72
May......1,......1973
Ford 8 LTD Brougham
Hardtop
FAMILY PROTECTION COVERAGE
(Automobile Bodily Injury Liability)
In consideration of the payment of the premium for this endorsement and subject to all of the terms of this endorsement, the company agrees with the named insured as follows:
INSURING AGREEMENTS
1.	Damages for Bodily Injury Caused by Uninsured Automobiles
The company will pay all sums which the insured or his legal representative shall be legally entitled to recover as damages from the owner or operator of an uninsured automobile because of bodily injury, sickness or disease, including death resulting therefrom, hereinafter called "bodily injury", sustained by the insured, caused by accident and arising out of the ownership, maintenance or use of such uninsured automobile; provided, for the purposes of this endorsement, determination as to whether the insured or such representative is legally entitled to recover such damages, and if so the amount thereof, shall be made by agreement between the insured or such representative and the company or, if they fail to agree, by arbitration.
No judgment against any person or organization alleged to be legally responsible for the bodily injury shall be conclusive, as between the insured and the company, of the issues of liability of such person or organization or of the amount of damages to which the insured is legally entitled unless such judgment is entered pursuant to an action prosecuted by the insured with the written consent of the company.
2.	Definitions
(a)	"insured" means: (1) the named insured as stated in the policy (herein also referred to as the "principal named insured") and any person designated as named insured in the schedule and, while residents of the same household, the spouse of any such named insured and relatives of either; (2) any other person while occupying an insured automobile; and (3) any person, with respect to damages he is entitled to recover because of bodily injury to which this endorsement applies sustained by an insured under (1) or (2) above.
The insurance applies separately with respect to each insured, but the application of the insurance to more than one insured shall not operate to increase the limits of the company's liability.
(b)	"insured automobile" means an automobile: (1) described in the schedule as an insured automobile to which the bodily injury liability coverage of the policy applies; (2) while temporarily used as a substitute for an insured automobile as described in subparagraph (1) above, when withdrawn from normal use because of its breakdown, repair, servicing, loss or destruction; (3) while being operated by a named insured or by his spouse if a resident of the same household; but the term "insured automobile" shall not include: (i) an automobile while used as a public or livery conveyance; (ii) an automobile while being used without the permission of the owner; (iii)under subparagraphs (2) and (3) above, an automobile owned by the principal named insured or by any named insured designated in the schedule or by any resident of the same household as such insured; or (iv) under subparagraphs (2) and (3) above, an automobile furnished for the regular use of the principal named insured or any resident of the same household.
(c)	"uninsured automobile" means: (1) an automobile with respect to the ownership, maintenance or use of which there is, in at least the amounts specified by the financial responsibility law of the state in which the insured automobile is principally garaged, no bodily injury liability bond or insurance policy applicable at the time of the accident with respect to any person or organization legally responsible for the use of such automobile, or with respect to which there is a bodily injury liability bond or insurance policy applicable at the time of the accident but the company writing the same denies coverage thereunder, or is or becomes insolvent; or (2) a hit-and-run automobile as defined; but the term "uninsured automobile" shall not include: (i) an insured automobile, (ii) an automobile which is owned or operated by a self-insurer within the meaning of any motor vehicle financial responsibility law, motor carrier law or any similar law, (iii) an automobile which is owned by the United States of America, Canada, a state, a political subdivision of any such government or an agency of any of the foregoing, (iv) a land motor vehicle or trailer if operated on rails or crawler-treads or while located for use as a residence or premises and not as a vehicle, or (v) a farm type tractor or equipment designed for use principally off public roads, except while actually upon public roads.
(d)	"hit-and-run automobile" means an automobile which causes bodily injury to an insured arising out of physical contact of such automobile with the insured or with an automobile which the insured is occupying at the time of the accident, provided: (1) there cannot be ascertained the identity of either the operator or owner of such "hit-and-run automobile"; (2) the insured or someone on his behalf shall have reported the accident within 24 hours to a police, peace or judicial officer or to the Commissioner of Motor Vehicles, and shall have filed with the company within 30 days thereafter a statement under oath that the insured or his legal representative has a cause or causes of action arising out of such accident for damages against a person or persons whose identity is unascertainable, and setting forth the facts in support thereof; and (3) at the company's request, the insured or his legal representative makes available for inspection the automobile which the insured was occupying at the time of the accident.
(e)	Occupying. The word "occupying" means in or upon or entering into or alighting from.
(f)	State. The word "state" includes the District of Columbia, a territory or possession of the United States, and a province of Canada.
3.	Policy Period, Territory
This endorsement applies only to accidents which occur on and after the effective date hereof, during the policy period and within the United States of America, its territories or possessions, or Canada.
EXCLUSIONS
This endorsement does not apply:
(a)	to bodily injury to an insured with respect to which such insured, his legal representative or any person entitled to payment under this endorsement shall, without written consent of the company, make any settlement with any person or organization who may be legally liable therefor;
(b)	to bodily injury to an insured while occupying an automobile (other than an insured automobile) owned by a named insured or any relative resident in the same household, or through being struck by such an automobile, but this exclusion does not apply to the principal named insured or his relatives while occupying or if struck by an automobile owned by an insured named in the schedule or his relatives;
(c)	so as to inure directly or indirectly to the benefit of any workmen's compensation or disability benefits carrier or any person or organization qualifying as a seif-insurer under any workmen's compensation or disability benefits law or any similar law.
CONDITIONS
1.	Policy Provisions
None of the Insuring Agreements, Exclusions or Conditions of the policy shall apply to the insurance afforded by this endorsement except the Conditions "Notice" or "Notice of Accident," "Changes," "Assignment," "Cancellation," "Mutual Provisions" and "Declarations".
2.	Premium
If during the policy period the number of insured automobiles owned by the principal named insured or spouse or the number of dealer's license plates issued to the principal named insured changes, such named insured shall notify the company during the policy period of any change and the premium shall be adjusted in accordance with the manuals in use by the company. If the earned premium thus computed exceeds the advance premium paid, such named insured shall pay the excess to the company; if less, the company shall return to such named insured the unearned portion paid by such insured.
3.	Proof of Claim; Medical Reports
As soon as practicable, the insured or other person making claim shall give to the company written proof of claim, under oath if required, including full particulars of the nature and extent of the injuries, treatment, and other details entering into the determination of the amount payable hereunder. The insured and every other person making claim hereunder shall submit to examinations under oath by any person named by the company and subscribe the same, as often as may reasonably be required. Proof of claim shall be made upon forms furnished by the company unless the company shall have failed to furnish such forms within 15 days after receiving notice of claim.
The injured person shall submit to physical examinations by physicians selected by the company when and as often as the company may reasonably require and he, or in the event of his incapacity his legal representative, or in the event of his death his legal representative or the person or persons entitled to sue therefor, shall upon each request from the company execute authorization to enable the company to obtain medical reports and copies of records.
(continued on reverse side)
CONDITIONS (Continued)
4.	Assistance and Cooperation of the Insured
After notice of claim under this endorsement, the company may require the insured to take such action as may be necessary or appropriate to preserve his right to recover damages from any person or organization alleged to be legally responsible for the bodily injury; and in any action against the company, the company may require the insured to join such person or organization as a party defendant.
5.	Notice of Legal Action
If, before the company makes payment of loss hereunder, the insured or his legal representative shall institute any legal action for bodily injury against any person or organization legally responsible for the use of an automobile involved in the accident, a copy of the summons and complaint or other process served in connection with such legal action shall be forwarded immediately to the company by the insured or his legal representative.
6.	Limits of Liability
(a)	The limit of liability stated in the schedule as applicable to "each person" is the limit of the company's liability for all damages, including damages for care or loss of services, because of bodily injury sustained by one person as the result of any one accident and, subject to the above provision respecting each person, the limit of liability stated in the schedule as applicable to "each accident" is the total limit of the company's liability for all damages, including damages for care or loss of services, because of bodily injury sustained by two or more persons as the result of any one accident.
(b)	any amount payable under the terms of this endorsement because of bodily injury sustained in an accident by a person who is an insured under this coverage shall be reduced by
(1)	all sums paid on account of such bodily injury by or on behalf of (i) the owner or operator of the uninsured automobile and (ii) any other person or organization jointly or severally liable together with such owner or operator for such bodily injury including all sums paid under the Bodily Injury Liability Coverage of the policy, and
(2)	the amount paid and the present value of all amounts payable on account of such bodily injury under any workmen's compensation law, disability benefits law or any similar law.
(c)	any payment made under this endorsement to or for any insured shall be applied in reduction of the amount of damages which he may be entitled to recover from any person insured under the Bodily Injury Liability Coverage of the policy.
(d)	the company shall not be obligated to pay under this Coverage that part of the damages which the insured may be entitled to recover from the owner or operator of an uninsured automobile which represents expenses for medical services paid or payable under the Medical Payments Coverage of the policy.
7.	Other Insurance
With respect to bodily injury to an insured while occupying an automobile not owned by the principal named insured, the insurance under this endorsement shall apply only as excess insurance over any other similar insurance available to such insured and applicable to such automobile as primary insurance, and this insurance shall then apply only in the amount by which the limit of liability for this coverage exceeds the applicable limit of liability of such other insurance.
Except as provided in the foregoing paragraph, if the insured has other similar insurance available to him and applicable to the accident, the damages shall be deemed not to exceed the higher of the applicable limits of liability of this insurance and such other insurance, and the company shall not be liable for a greater proportion of any loss to which this Coverage applies than the limit of liability hereunder bears to the sum of the applicable limits of liability of this insurance and such other insurance.
8.	Arbitration
If any person making claim hereunder and the company do not agree that such person is legally entitled to recover damages from the owner or operator of an uninsured automobile because of bodily injury to the insured, or do not agree as to the amount of payment which may be owing under this endorsement, then, upon written demand of either, the matter or matters upon which such person and the company do not agree shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Such person and the company each agree to consider itself bound and to be bound by any award made by the arbitrators pursuant to this endorsement.
9.	Trust Agreement
In the event of payment to any person under this endorsement:
(a)	the company shall be entitled to the extent of such payment to the proceeds of any settlement or judgment that may result from the exercise of any rights of recovery of such person against any person or organization legally responsible for the bodily injury because of which such payment is made;
(b)	such person shall hold in trust for the benefit of the company all rights of recovery which he shall have against such other person or organization because of the damages which are the subject of claim made under this endorsement;
(c)	such person shall do whatever is proper to secure and shall do nothing after loss to prejudice such rights;
(d)	if requested in writing by the company, such person shall take, through any representative designated by the company, such action as may be necessary or appropriate to recover such payment as damages from such other person or organization, such action to be taken in the name of such person; in the event of a recovery, the company shall be reimbursed out of such recovery for expenses, costs and attorneys' fees incurred by it in connection therewith;
(e)	such person shall execute and deliver to the company such instruments and papers as may be appropriate to secure the rights and obligations of such person and the company established by this provision.
10.	Payment of Loss by the Company
Any amount due hereunder is payable (a) to the insured, or (b) if the insured be a minor to his parent or guardian, or (c) if the insured be deceased to his surviving spouse, otherwise (d) to a person authorized by law to receive such payment or to a person legally entitled to recover the damages which the payment represents; provided, the company may at its option pay any amount due hereunder in accordance with division (d) hereof.
11.	Action Against Company
No action shall lie against the company unless, as a condition precedent thereto, the insured or his legal representative has fully complied with all the terms of this endorsement.
SCHEDULE
Designation of named insured for purposes of this endorsement (see Insuring Agreement 2 (a))......................................................................................................
Limits of Liability; $ 10 ,000 each person; $ 20 ,000 each accident
The advance premium for this endorsement is $ .....1.00......................
Description of Insured Automobiles Check appropriate box
□	Any automobile owned by the principal named insured
□	Any private passenger type automobile owned by the principal named insured
□	Any automobile to which are attached Dealer's Automobile Registration Plates issued in the name of the principal named insured
tx Any automobile designated in the declarations of the policy and an automobile ownership of which is acquired during the policy period by the principal named insured as a replacement therefor
This endorsement is executed by the Automobile Mutual Insurance Company of America as respects insurance afforded by that Company only; it is executed by the Factory Mutual Liability Insurance Company of America as respects insurance afforded by that Company only.	Q 0 F d ? - nDDQ
Attached to and forming part of Policy No............................UUU3......, issued
to........H. Tracy Hall, Inc..............................................................................................................................................................................................andtakingeffect
on........October 4, 1972......................(at 12=01 a.m.) andexpiringon..........May 1, 1973.........................................(at 12=01 a.m.)
( standard time J ( standard time J Providence, R. I.........November 17, 1972..........................................................'^lO^SL^-..................Assistant Vice President
r 1 r n r
A935
AMENDMENT OF UNINSURED MOTORISTS COVERAGE
It is agreed that the term "uninsured automobile" is changed to "uninsured motor vehicle".
AUTOMOBILE MUTUAL INSURANCE COMPANY OF AMERICA FACTORY MUTUAL LIABILITY INSURANCE COMPANY OF AMERICA
^ Assistant Vice President
F472-1 30M 4-72	\J	NJ
SOUND-REPRODUCING OR RECORDING EQUIPMENT EXCLUDED
It is agreed that such insurance as is afforded by the policy under coverages D, E, and F is subject to the following additional exclusions:
The insurance does not apply:
(1)	to loss of or damage to any device or instrument designed for the recording, reproduction, or recording and reproduction of sound unless such device or instrument is permanently installed in the automobile:
(2)	to loss of or damage to any tape, wire, record disc or other medium for use with any device or instrument designed for the recording, reproduction, or recording and reproduction of sound.
AUTOMOBILE MUTUAL INSURANCE COMPANY OF AMERICA FACTORY MUTUAL LIABILITY INSURANCE COMPANY OF AMERICA
t \f.	Assistant Vice President
F513-1 10M 3-72	\J	\A
A913
AMENDMENT OF BODILY INJURY AND PROPERTY DAMAGE LIABILITY COVERAGES
OCCURRENCE BASIS
It is agreed that with respect to the Bodily Injury Liability and Property Damage Liability Coverages:
1.	The words "caused by accident" in Insuring Agreement I are amended to read "caused by an occurrence".
2.	When used in reference to such coverage (including this and other endorsements forming a part of the policy) :
(a)	"occurrence" means an accident, including injurious exposure to conditions, which results, during the policy period, in bodily injury or property damage neither expected nor intended from the standpoint of the insured; and
(b)	the word "accident" (except as used in the "Defense, Settlement, Supplementary Payments" Insuring Agreement and in the "Assistance and Cooperation of the Insured" Condition, and except as specifically provided otherwise in this endorsement) is amended to read "occurrence".
3.	As used in this endorsement,
(a)	"bodily injury" means bodily injury, sickness or disease, including death at any time resulting therefrom;
(b)	"property damage" means injury to or destruction of tangible property.
4.	For the purpose of determining the limit of the company's liability, all bodily injury and property damage arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one occurrence.
5.	In the "Policy Period, Territory, Purposes of Use" Insuring Agreement, the words "This policy applies only to accidents which occur" are amended to read "This policy applies only to bodily injury or property damage which occurs".
AUTOMOBILE MUTUAL INSURANCE COMPANY OF AMERICA FACTORY MUTUAL LIABILITY INSURANCE COMPANY OF AMERICA
. nT-	--- Assistant Vice President
F672-1 30M 7 72	V\	\\
P4106	AUTOMOBILE COMBINATION POLICY
Automobile Mutual Insurance Company of America
and
Factory Mutual Liability Insurance Company of America
Providence, Rhode Island
(Each a mutual insurance company, herein called the company)
SEVERALLY AGREE with the insured, named in the declarations made a part hereof, in consideration of the payment of the premium and in reliance upon the statements in the declarations and subject to the limits of liability, exclusions, conditions and other terms of this policy, provided the Automobile Mutual Insurance Company of America shall be the insurer with respect to coverages E and F and no other and the Factory Mutual Liability Insurance Company of America shall be the insurer with respect to coverages A, B, C and D and no other:
L	INSURING AGREEMENTS
Coverage A—Bodily Injury Liability	but this provision does not apply to a resident of the same
To pay on behalf of the insured all sums which the insured shall be-	household as the named insured, to a partnership in which
come legally obligated to pay as damages because of bodily injury, sick-	such resident or the named insured is a partner, or to any
ness or disease, including death at any time resulting therefrom, sustained	partner, agent or employee of such resident or partnership;
by any person, caused by accident and arising out of the ownership,	(2) to any employee with respect to injury to or sickness, disease
maintenance or use of the automobile.	or death of another employee of the same employer injured in
Coverage B —Property Damage Liability	the course of such employment in an accident arising out of
To pay on behalf of the insured all sums which the insured shall be-	the maintenance or use of the automobile in the business of
come legally obligated to pay as damages because of injury to or destruc-	such emp yer'
tion of property, including the loss of use thereof, caused by accident and	(b) With respect to the insurance under division 2 of coverage C the
arising out of the ownership, maintenance or use of the automobile.	unqualified word "insured" means:
Coverage C—Automobile Medical Payments	O) the named insured, if an individual or husband and wife who
To pay all reasonable expenses incurred within one year from the	are ^s.dents of the same household, otherwise the person desig-
date of accident for necessary medical, surgical and dental services,	nated ln Item 2 of the declarations, and
including prosthetic devices, and necessary ambulance, hospital, pro-	(2) while residents of the same household as the named insured or
fessional nursing and funeral services:	such designated person, his spouse and the relatives of either;
Division 1. To or for each person who sustains bodily injury, sick-	provided, if such named insured or designated person shall die, this
ness or disease, caused by accident, while in or upon or while entering	insurance shall cover any person who was an insured at the time
into or alighting from the automobile, provided the automobile is be-	ol suc" death,
ing used by the named insured or his spouse if a resident of the same	.
household, or with the permission of either; or	IV.
Division 2. To or for each insured who sustains bodily injury, sick-	Automobile Defined, Trailers, Private Passenger Automobile, Two or
ness or disease, caused by accident, while in or upon, or while entering	More Automobiles, Including Automatic Insurance
into or alighting from, or through being struck by, an automobile.	(a) Automobile. Except with respect to division 2 of coverage C and
Coverage D_Collision or Upset	except where stated to the contrary, the word "automobile" means:
To pay for direct and accidental loss of or damage to the automobile,	(1) Described Automobile—the motor vehicle or trailer described
hereinafter called loss, caused by collision of the automobile with another	in this policy;
object or by upset of the automobile, but only for the amount of each such	(2) Trailer—under coverages A, B and division 1 of coverage C,
loss in excess of the deductible amount, if any, stated in the declarations	a trailer not described in this policy, if designed for use with
as applicable hereto.	a private passenger automobile, if not being used for business
Coverage E—Comprehensive Loss of or Damage to the Automobile,	purposes with another type automobile, and under division 1
Except by Collision or Upset	coverage C if not a home, office, store, display or passenger
To pay for direct and accidental loss of or damage to the automobile,	trailer,
hereinafter called loss, except loss caused by collision of the automobile	(3) Temporary Substitute Automobile—under coverages A, B
with another object or by upset of the automobile or by collision of the	and division 1 of coverage C, an automobile not owned by the
automobile with a vehicle to which it is attached. Breakage of glass and	"amcd insured or his spouse if a resident of the same house-
loss caused by missiles, falling objects, fire, theft, explosion, earthquake,	n°ld> while temporarily used as a substitute for the described
windstorm, hail, water, flood, malicious mischief or vandalism, riot or	automobile when withdrawn from normal use because of its
civil commotion shall not be deemed loss caused by collision or upset.	breakdown, repair, servicing, loss or destruction;
~ ct • Jit-r..	(4) Newly Acquired Automobile—an automobile, ownership of
Coverage F-Towing and Labor Costs	which is acquired by the named insured or his spouse if a
To pay for towing and labor costs necessitated by the disablement	resident of the same household, if (i) it replaces an automobile
of the automobile, provided the labor is performed at the place of	owned by either and cover£(J by thls polfcy> Qr the company
disablement.	insures all automobiles owned by the named insured and such
tt	spouse on the date of its delivery, and (ii) the named insured
'	or such spouse notifies the company within thirty days following
Defense, Settlement, Supplementary Payments	such deljvery date; but such notice is not required under cover-
With respect to such insurance as is afforded by this policy for bodily	ages A, B and division 1 of coverage C if the newly acquired
injury liability and for property damage liability, the company shall:	automobile replaces an owned automobile covered by this policy.
(a)	defend any suit against the insured alleging such injury, sickness,	The insurance with respect to the newly acquired automobile disease or destruction and seeking damages on account thereof, even	does not apply to any loss against which the named insured or if such suit is groundless, false or fraudulent; but the company may	such spouse has other valid and collectible insurance. Under make such investigation, negotiation and settlement of any claim or	coverages D and E, when a limit of liability is expressed in the suit as it deems expedient;	declarations as a stated amount, such limit as to the newly
(b)	(1) pay all premiums on bonds to release attachments for an amount	acquired automobile shall be replaced by the actual cash value
not in excess of the applicable limit of liability of this policy, all	The named insured shall pay any additional premium required
premiums on appeal bonds required in any such defended suit,	because of the application of the insurance to such newly
the cost of bail bonds required of the insured in the event of	acquired automobile.
accident or traffic law violation during the policy period, not to	The word "automobile" also includes under coverages D and E its
exceed $100 per bail bond, but without any obligation to apply	equipment and other equipment permanently attached thereto,
for or furnish any such bonds;	Under division 2 of coverage C, the word "automobile" means a
(2)	pay all expenses incurred by the company, all costs taxed against	land motor vehicle or trailer not operated on rails or crawler- treads, the insured in any such suit and all interest accruing after entry	but does not mean: (1) a farm type tractor or other equipment de-of judgment until the company has paid or tendered or de-	signed for use principally off public roads, except while actually posited in court such part of such judgment as does not exceed	upon public roads, or (2) a land motor vehicle or trailer while located the limit of the company's liability thereon;	for use as a residence or premises and not as a vehicle.
(3)	pay expenses incurred by the insured for such immediate medi-	(b) Private Passenger Automobile. The term "private passenger auto-cal and surgical relief to others as shall be imperative at the	mobile" means a private passenger, station wagon or jeep type time of the accident;	automobile, and also includes under coverages A, B and division 1
(4)	reimburse the insured for all reasonable expenses, other than	of coverage C any automobile the purposes of use of which are loss of earnings, incurred at the company's request;	stated in the declarations as "pleasure and business."
and the amounts so incurred, except settlements of claims and suits,	(c) Semitrailer. The word "trailer" includes semitrailer,
are payable by the company in addition to the applicable limit of	(d) Two or More Automobiles. When two or more automobiles are
liability of this policy.	insured hereunder, the terms of this policy shall apply separately
tit	to each, but a motor vehicle and a trailer or trailers attached thereto
. _	shall be held to be one automobile as respects limits of liability under
Definition of Insured	coverages A and B and separate automobiles as respects limits of
(a) With respect to the insurance for bodily injury liability and for	liability, including any deductible provisions, under coverages D, E
property damage liability the unqualified word "insured" includes	and F. the named insured and, if the named insured is an individual, his
spouse if a resident of the same household, and also includes any	y_
person while using the automobile and any person or organization	_ , IT _ £ ,
legally responsible for the use thereof, provided the actual use of	™rp°f18 of Use Pcfined „ .
the automobile is by the named insured or such spouse or with the	(a) The term pleasure and business is defined as personal, pleasure,
permission of either. The insurance with respect to any person or	family and business use.
organization other than the named insured or such spouse does	(b) The term "commercial" is defined as use principally in the business
not apply:	occupation of the named insured as stated in Item 1, including
(1) to any person or organization, or to any agent or employee	occasional use for personal, pleasure, family and other business
thereof, operating an automobile sales agency, repair shop,	purposes.
service station, storage garage or public parking place, with	(c) Use of the automobile for the purposes stated includes the loading
respect to any accident arising out of the operation thereof,	and unloading thereof.
p4208
INSURING AGREEMENTS (Continued)
VI.	(4) under coverage D, to any loss when there is any other insurance
Use of Other Automobiles	which would apply thereto in the absence of this insuring
If the named insured is an individual or husband and wife and if	Z„Z ZTlL^r^lT
during the policy period such named insured, or the spouse of such in-	°f ™ "^ ' r n^l nr^n^H^ automobile
. t i -r ■ j f l l u ■	or any other person or organization, dividual it a resident of the same household, owns a private passenger
automobile covered by this policy, such insurance as is afforded by this	VII.
policy under coverages A, B, division 1 of coverage C and D with respect	Loss of Use by Theft—Rental Reimbursement
to said automobile applies with respect to any other automobile, subject	The company, following a theft covered under this policy of the entire
to the following provisions:	automobile, shall reimburse the named insured for expense not exceeding
(a)	With respect to the insurance for bodily injury liability and for	$5 for any one day nor totaling more than $150 or the actual cash value property damage liability the unqualified word "insured" includes	of the automobile at time of theft, whichever is less, incurred for the (1) such named insured and spouse, and (2) any other person or	rental of a substitute automobile, including taxicabs. Such reimbursement organization legally responsible for the use by such named insured	is payable by the company in addition to the applicable limit of liability or spouse of an automobile not owned or hired by such other person	of this policy.
or organization. Insuring Agreement III does not apply to this	Reimbursement is limited to such expense incurred during the period
insurance.	commencing seventy-two hours after such theft has been reported to the
(b)	Under division 1 of coverage C, this insurance applies only if the	company and the police and terminating, regardless of expiration of the injury results from the operation of such other automobile by such	policy period, on the date the whereabouts of the automobile becomes named insured or spouse or on behalf of either by a private chauffeur	known to the named insured or the company or on such earlier date as or domestic servant of such named insured or spouse, or from the	company makes or tenders settlement for such theft.
occupancy of said automobile by such named insured or spouse.	Such reimbursement shall be made only if the stolen automobile was
(c)	Under coverage D, this insurance applies only with respect to a	a Private passenger automobile not used as a public or livery conveyance private passenger automobile while being operated or used by such	and not owned and held for saIe an automobile dealer.
named insured or spouse. Exclusion (m) does not apply to this	VIII.
J"™"1^ agreement.	General Average and Salvage Charges
(d)	This insuring agreement does not apply:	The company, with respect to such transportation insurance as is
(1)	to any automobile owned by or furnished for regular use to	afforded by this policy, shall pay any general average and salvage charges either the named insured or a member of the same household	for which the named insured becomes legally liable.
other than a private chauffeur or domestic servant of such
named insured or spouse;	IX.
(2)	to any accident arising out of the operation of an automobile	Policy Period, Territory, Purposes of Use
sales agency, repair shop, service station, storage garage or	This policy applies only to accidents which occur and to direct and
public parking place;	accidental losses to the automobile which are sustained during the policy
(3)	under coverages A, B or division 1 of coverage C, to any auto-	period, while the automobile is within the United States of America, its mobile while used in a business or occupation of such named	territories or possessions, or Canada, or is being transported between insured or spouse except a private passenger automobile oper-	ports thereof and, if a "described automobile" under Insuring Agree-ated or occupied by such named insured, spouse, private	ment IV, is owned, maintained and used for the purposes stated as chauffeur or domestic servant;	applicable thereto in the declarations.
This policy does not apply:	EXCLUSIONS
(a)	except under division 2 of coverage C, while the automobile is used	"source material", "special nuclear material", and "by-as a public or livery conveyance, unless such use is specifically de-	product material" have the meanings given them in the Atomic clared and described in this policy;	Energy Act of 1954 or in any law amendatory thereof;
(b)	under coverages A and B, to liability assumed by the insured under	"spent fuel" means any fuel element or fuel component, solid any contract or agreement;	or liquid, which has been used or exposed to radiation in a
(c)	under coverages A and B, while the automobile is used for the tow-	nuclear reactor;
ing of any trailer owned or hired by the insured and not covered by	"waste" means any waste material (a) containing byproduct
like insurance in the company; or while any trailer covered by this	material and (b) resulting from the operation by any person or
policy is used with any automobile owned or hired by the insured and	organization of any nuclear facility included within the defini-
not covered by like insurance in the company;	tion of nuclear facility under paragraph (i) or (ii) thereof:
(d)	under coverages A and B, to injury, sickness, disease, death or	"nuclear facility" means destruction which arises out of the loading or unloading of an auto-	(i) any nuclear reactor,
mobile, provided that this limitation does not apply with respect to	(ii) any equipment or device designed or used for (a) sepa-
claims made or suits brought against the following insureds:	rating the isotopes of uranium or plutonium, (b) process-
(1)	the named insured or, if the named insured is an individual, his	inS or utilizing spent fuel, or (c) handling, processing spouse, if a resident of the same household;	or packaging waste,
(2)	a lessee or borrower of the automobile or an employee of either	("') ar>y equipment or device used for the processing, fabrica-of them or of the named insured;	ting or alloying of special nuclear material if at any time the
( 3 ) any other person or organization but only with respect to his or	tota' amount of s"ch mate"al in.the custodJ of the >nsured
its liability because of acts or omissions of an insured under (1)	at th.e precmlses where such equipment or device is located
or (2) above-	consists of or contains more than 25 grams of plutonium
'ait, .	or uranium 233 or any combination thereof, or more than
(e)	(1) under coverages A and B, to injury, sickness, disease, death	250 grams of uranium 235,
or destruction	(iv) any structure, basin, excavation, premises or place pre-
(i)	with respect to which an insured under the policy is also an	pared or used for the storage or disposal of waste, insured under a nuclear energy liability policy issued by	and includes the site on which any of the foregoing is located, Nuclear Energy Liability Insurance Association, Mutual	all operations conducted on such site and all premises used for Atomic Energy Liability Underwriters or Nuclear Insur-	such operations-
ance Association of Canada or would be an insured under	"nuclear reactor" means any apparatus designed or used to sus-
any such policy but for its termination upon exhaustion of	tain nudear fissjon ]n a self,SUpp0rting chain reaction or to
its limit of Iiabihty; or	contain a critical mass of fissionable material;
(ii)	resulting from the hazardous properties of nuclear material	„ . . „ , . , . ,
j „, „ . L i / \ • .•	With respect to injury to or destruction ot property, the word
and with respect to which (a) any person or organization	„. . ,, ,., ' '. „ ■ , , ,, , ^ r F .
■ _____• i __■ . ■ r__' .. B . .	injury" or "destruction includes all forms of radioactive con-
is required to maintain financial protection pursuant to the	. ■ '■ ( .
Atomic Energy Act of 19 54, or any law amendatory thereof,	, lamination ot property;
or (b) the insured is, or had this policy not been issued	(f) under coverage A, to bodily injury to or sickness, disease or death of
would be, entitled to indemnity from the United States of	any employee of the insured arising out of and in the course of (1)
America, or any agency thereof, under any agreement	domestic employment by the insured, if benefits therefor are in whole
entered into by the United States of America, or any	or "J Part either payable or required to be provided under any work-
agency thereof, with any person or organization.	men's compensation law, or (2) other employment by the insured;
(2)	under coverage C, or under any Supplementary Payments pro-	(g) under coverage A, to any obligation for which the insured or any vision relating to immediate medical or surgical relief, to ex-	carrier as his insurer may be held liable under any workmen's com-penses incurred with respect to bodily injury, sickness, disease	pensation, unemployment compensation or disability benefits law, or or death resulting from the hazardous properties of nuclear	under any similar law;
material and arising out of the operation of a nuclear facility	(h) under coverage B, to injury to or destruction of property owned or
by any person or organization.	transported by the insured, or property rented to or in charge of the
(3)	under coverages A and B, to injury, sickness, disease, death or	insured other than a residence or private garage injured or destroyed destruction resulting from the hazardous properties of nuclear	by a private passenger automobile covered by this policy; material, if	(i) under division 1 of coverage C, to bodily injury to or sickness, dis-
(i)	the nuclear material (a) is at any nuclear facility owned by,	ease or death of any employee of the named insured or spouse arising or operated by or on behalf of, an insured or (b) has been	out of and in the course of (1) domestic employment by the named discharged or dispersed therefrom;	insured or spouse, if benefits therefor are in whole or in part either
(ii)	the nuclear material is contained in spent fuel or waste at	payable or required to be provided under any workmen's compen-any time possessed, handled, used, processed, stored, trans-	sation law, or (2) other employment by the named insured or spouse; ported or disposed of by or on behalf of an insured; or	(j) under coverage C, to bodily injury to or sickness, disease or death of
(iii)	the injury, sickness, disease, death or destruction arises out	any person who is an employee of an automobile sales agency, repair of the furnishing by an insured of services, materials, parts	shop, service station, storage garage or public parking place, if the or equipment in connection with the planning, construc-	accident arises out of the operation thereof and if benefits therefor tion, maintenance, operation or use of any nuclear facility,	are in whole or in part either payable or required to be provided but if such facility is located within the United States of	under any workmen's compensation law;
America its territories or possessions or Canada, this exclu-	(k) under divlsion 2 0f coverage C, to bodily injury to or sickness, disease
sion (in) applies only to injury to or destruction of prop-	or death of an insured sustained while in or upon or while entering
erty at such nuclear facility.	into Qr alighting from an automobile owned by any insured;
(4)	As used in this Policy:	(1) to injury, sickness, disease, death or loss due to war, whether or not "hazardous properties" include radioactive, toxic or explosive	declared, civil war, insurrection, rebellion or revolution, or to any act properties;	or condition incident to any of the foregoing, (1) with respect to "nuclear material" means source material, special nuclear ma-	expenses under Insuring Agreement II (b) (3) or under coverage C terial or byproduct material;	or (2) under coverages D, E and F;