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c. Operating at an excessive rate of speed. <br />d. Any similar violation of any similar law of another state in which the accident occurs. <br />However, we will not pay if the operator of the "auto" insured under this Coverage was also convicted of <br />one of the violations. <br />4. You are entitled to recover in court against an identified person for some reason other than those listed <br />above. <br />M. AMENDED DEFINITION OF BODILY INJURY <br />Under SECTION V — DEFINITIONS, C., Bodily Injury is amended to include the following: <br />"Bodily Injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or <br />death resulting from any of these. Mental anguish damages are considered the direct result of and payable <br />only to the person who sustains the physical injury. <br />N. ADDITIONAL INSURED - PRIMARY AND NONCONTRIBUTORY WITH OTHER INSURANCE <br />The following is added to Paragraph B.5. Other Insurance of SECTION IV — BUSINESS AUTO <br />CONDITIONS and supersedes any provision to the contrary: <br />Primary And Noncontributory Insurance <br />This insurance is primary to and will not seek contribution from any other insurance available to an <br />additional insured under your policy provided that: <br />a. The additional insured is a Named Insured under such other insurance; <br />b. You have agreed in writing in a contract or agreement that this insurance would be primary and <br />would not seek contribution from any other insurance up to our limit of coverage available to the <br />additional insured for liability arising out of your operations; and <br />c. The written contract or agreement is executed prior to an "accident" that causes "bodily injury' or <br />"property damage" and is in effect during the policy period. <br />CA 133 (01/16) Includes Copyrighted Material of <br />Insurance Services Office, Inc., with its permission. <br />© Insurance Services Office, Inc., 2009 <br />Page 5 of 5 <br />