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(5) Submit to examination, at our expense, <br />by physicians of our choice, as often as <br />we reasonably require. <br />c. If there is "loss" to a covered "auto" or its <br />equipment you must also do the following: <br />(1) Promptly notify the police if the covered <br />"auto" or any of its equipment is stolen. <br />(2) Take all reasonable steps to protect the <br />covered "auto" from further damage. <br />Also keep a record of your expenses for <br />consideration in the settlement of the <br />claim. <br />(3) Permit us to inspect the covered "auto" <br />and records proving the "loss" before its <br />repair or disposition. <br />(4) Agree to examinations under oath at our <br />request and give us a signed statement <br />of your answers. <br />3. Legal Action Against Us <br />No one may bring a legal action against us un- <br />der this Coverage Form until: <br />a. There has been full compliance with all the <br />terms of this Coverage Form; and <br />b. Under Liability Coverage, we agree in writ- <br />ing that the "insured" has an obligation to <br />pay or until the amount of that obligation <br />has finally been determined by judgment af- <br />ter trial. No one has the right under this <br />Policy to bring us into an action to deter- <br />mine the "insured's" liability. <br />4. Loss Payment - Physical Damage Coverages <br />At our option we may: <br />a. Pay for, repair or replace damaged or stolen <br />Property; <br />b. Return the stolen property, at our expense. <br />We will pay for any damage that results to <br />the "auto" from the theft; or <br />c. Take all or any part of the damaged or sto- <br />len property at an agreed or appraised <br />value. <br />If we pay for the "loss", our payment will in- <br />clude the applicable sales tax for the damaged <br />or stolen property. <br />5. Transfer Of Rights Of Recovery Against Others <br />To Us <br />If any person or organization to or for whom <br />we make payment under this Coverage Form <br />has rights to recover damages from another, <br />those rights are transferred to us. That person <br />or organization must do everything necessary <br />to secure our rights and must do nothing after <br />"accident" or "loss" to impair them. <br />B. General Conditions <br />1. Bankruptcy <br />Bankruptcy or insolvency of the "insured" or <br />the "insured's" estate will not relieve us of any <br />obligations under this Coverage Form. <br />2. Concealment, Misrepresentation Or Fraud <br />This Coverage Form is void in any case of <br />fraud by you at any time as it relates to this <br />Coverage Form. It is also void if you or any <br />other "insured", at any time, intentionally con- <br />ceal or misrepresent a material fact concerning: <br />a. This Coverage Form; <br />b. The covered "auto"; <br />c. Your interest in the covered "auto"; or <br />d. A claim under this Coverage Form. <br />3. Liberalization <br />If we revise this Coverage Form to provide <br />more coverage without additional premium <br />charge, your policy will automatically provide <br />the additional coverage as of the day the revi- <br />sion is effective in your state. <br />4. No Benefit To Bailee - Physical Damage <br />Coverages <br />We will not recognize any assignment or grant <br />any coverage for the benefit of any person or <br />organization holding, storing or transporting <br />property for a fee regardless of any other pro- <br />vision of this Coverage Form. <br />5. Other Insurance <br />a. For any covered "auto" you own, this Cov- <br />erage Form provides primary insurance. For <br />any covered "auto" you don't own, the in- <br />surance provided by this Coverage Form is <br />excess over any other collectible insurance. <br />However, while a covered "auto" which is a <br />"trailer" is connected to another vehicle, the <br />Liability Coverage this Coverage Form pro- <br />vides for the "trailer" is: <br />(1) Excess while it is connected to a motor <br />vehicle you do not own. <br />(2) Primary while it is connected to a cov- <br />ered "auto" you own. <br />b. For Hired Auto Physical Damage Coverage, <br />any covered "auto" you lease, hire, rent or <br />borrow is deemed to be a covered "auto" <br />you own. However, any "auto" that is <br />leased, hired, rented or borrowed with a <br />driver is not a covered "auto". <br />c. Regardless of the provisions of Paragraph <br />a. above, this Coverage Form's Liability <br />Coverage is primary for any liability as- <br />sumed under an insured contract". <br />Page 8 of 11 0 ISO Properties, Inc., 2000 CA 00 01 10 01 0 <br />