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Business Auto Policy
<br />MGT of America, Inc. Policy 2043563501
<br />SECTION IV — BUSINESS AUTO CONDITIONS
<br />The following conditions apply in addition to the
<br />Common Policy Conditions:
<br />A. Lose Conditions
<br />1. Appraisal For Physical Damage Loss
<br />If you and we disagree on the amount of 'loss,'
<br />either may demand an appraisal of the loss,' In
<br />this event, each party will select a competent
<br />appraiser. The two appraisers will select a
<br />competent and impartial umpire. The appraisers
<br />will stale separately the actual cash value and
<br />amount of loss.' If they fall to agree, they will
<br />submit their differences to the umpire, A
<br />decision agreed to by any two will be binding.
<br />Each party will:
<br />a. Pay its chosen appraiser; and
<br />b. Bear the other expenses of the appraisal
<br />and umpire equally.
<br />If we submit to an appraisal, we will still retain
<br />our right to deny the claim.
<br />2. Duties In The Event Of Accident, Claim, Suit
<br />Or Loss
<br />We have no duly to provide coverage under this
<br />policy unless there has been full compliance
<br />with the following duties:
<br />CA 00 0103 06
<br />(1) Promptly notify the police it the covered
<br />'auto' or any of its equipment Is stolen.
<br />(2) Take all reasonable slaps 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 disposlllon.
<br />(4) Agree to examinations under oath at
<br />our request and give us a signed
<br />statement of your answers.
<br />3. Legal Action Against Us
<br />No one may bring a legal action against us
<br />under 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
<br />writing that the 'insured' has an obligation
<br />to pay or until the amount of that obligation
<br />has finally been determined by judgment
<br />after trial. No one has the right under Ihfs
<br />Policy to bring us into an action to
<br />determine the 'Insureds' 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 thaft; or
<br />o. Take all or any part of the damaged or
<br />stolen property at an agreed or appraised
<br />value.
<br />It we pay for the 'loss; our payment will include
<br />the applicable sales tax for the damaged or
<br />stolen property.
<br />S. Transfer Of Rights Of Recovery Against
<br />Others To Us
<br />It any person or organization to or for whom we
<br />make payment under this Coverage Form has
<br />rights to recover damages from another, those
<br />rights are transferred to us. That person or
<br />organization must do everything necessary to
<br />secure our rights and must do nothing after
<br />"accident' or 'loss' to impafrthom.
<br />B. Caneral Conditions
<br />1. Bankruptcy
<br />Bankruptcy or insolvency of the 'insured' or the
<br />lnsured's' estate will not relieve us of any
<br />obligations under this Coverage Form.
<br />2. Cone" nant, MisroP lesentatfon Or Fraud
<br />This Coverage Form is void in any case of fraud
<br />by you at aiffj)t �ft ,thls Colgrage
<br />Copyright, ISO Properties, Inc., 2005 Page 7of 11
<br />LiSA C, Si ORCK
<br />Assistant City Attorney l ��
<br />D. In the event of 'accident,' claim, 'suit' or
<br />loss,' you must give us or our authorized
<br />representative prompt notice of the
<br />'accident' or 'loss,' Include;
<br />(1) How, when and where the 'accident' or
<br />'loss' occurred;
<br />(2) The Insured's' name and address; and
<br />(3) To the extant possible, the names and
<br />addresses of any injured persons and
<br />witnesses.
<br />b. Additionally, you and any other involved
<br />'insured' must:
<br />(1) Assume no obligation, make no
<br />Payment ar incur no expense without
<br />our consent, except at the 'insured's'
<br />own cost.
<br />(2) Immediately send us copies of any
<br />request, demand, order, notice,
<br />summons
<br />or legal paper received
<br />concerning the claim or 'suit.'
<br />(3) Cooperate with us in the investigation
<br />or settlement of the claim or defense
<br />against the "suit.'
<br />(4) Authorize us to obtain medical records
<br />or other pertinent information.
<br />(6) Submit to examination, at our expense,
<br />by physicians of our choice, as often as
<br />we reasonably require.
<br />C. It there is 'loss- to a covered 'auto' or its
<br />equipment you must also do the following:
<br />CA 00 0103 06
<br />(1) Promptly notify the police it the covered
<br />'auto' or any of its equipment Is stolen.
<br />(2) Take all reasonable slaps 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 disposlllon.
<br />(4) Agree to examinations under oath at
<br />our request and give us a signed
<br />statement of your answers.
<br />3. Legal Action Against Us
<br />No one may bring a legal action against us
<br />under 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
<br />writing that the 'insured' has an obligation
<br />to pay or until the amount of that obligation
<br />has finally been determined by judgment
<br />after trial. No one has the right under Ihfs
<br />Policy to bring us into an action to
<br />determine the 'Insureds' 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 thaft; or
<br />o. Take all or any part of the damaged or
<br />stolen property at an agreed or appraised
<br />value.
<br />It we pay for the 'loss; our payment will include
<br />the applicable sales tax for the damaged or
<br />stolen property.
<br />S. Transfer Of Rights Of Recovery Against
<br />Others To Us
<br />It any person or organization to or for whom we
<br />make payment under this Coverage Form has
<br />rights to recover damages from another, those
<br />rights are transferred to us. That person or
<br />organization must do everything necessary to
<br />secure our rights and must do nothing after
<br />"accident' or 'loss' to impafrthom.
<br />B. Caneral Conditions
<br />1. Bankruptcy
<br />Bankruptcy or insolvency of the 'insured' or the
<br />lnsured's' estate will not relieve us of any
<br />obligations under this Coverage Form.
<br />2. Cone" nant, MisroP lesentatfon Or Fraud
<br />This Coverage Form is void in any case of fraud
<br />by you at aiffj)t �ft ,thls Colgrage
<br />Copyright, ISO Properties, Inc., 2005 Page 7of 11
<br />LiSA C, Si ORCK
<br />Assistant City Attorney l ��
<br />
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