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4. Loss Payment — Physical Damage Coverages 5. Othorinsurance <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 the <br />.'auto" from the theft; or <br />c. Take all or any part of the damaged or stolen <br />property at an agreed or appraised value. <br />If we pay for the "loss", our payment will include <br />the applicable sales tax for the damaged or stolen <br />property. <br />5. Transfer Of Rights Of Recovery Against <br />Others To Us <br />If any person or organization to or for whom we <br />make payment under this Coverage Form ties <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 impair them. <br />B. General Conditions <br />1. Bankruptcy <br />Bankruptcy or Insolvency of the "insured" or the <br />"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 fraud <br />by you at any time as it relates to this Coverage <br />Form. It is also void if you or any other "insured", <br />at any time, Intentionally conceals or <br />misrepresents a material feet 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 Oils Coverage Form. <br />3. Liberalization <br />If we revise this Coverage Form to provide more <br />coverage without additional premium charge, <br />your policy will automatically provide the <br />additional coverage as of the day the revision is <br />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 <br />provision of this Coverage Form, <br />a. For any covered "auto" you own, this <br />Coverage Form provides primary insurance. <br />For any covered "auto" you don't own, the <br />Insurance 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 />Covered Autos Liability Coverage this <br />Coverage Form provides for the "trailer" is: <br />(1) Excess while it is connected to a motor <br />vehicle you do not own; or <br />(2) Primary while it is connected to a covered <br />"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" you <br />own. However, any "auto" that is [eased, <br />hired, rented or borrowed with a driver is not a <br />covered "auto." <br />c. Regardless of the provisions of Paragraph a. <br />above, this Coverage Form's Covered Autos <br />Liability Coverage is primary for any liability <br />assumed under an "Insured contract." <br />d. When this Coverage Form and any other <br />Coverage Form or policy covers on the same <br />basis, either excess or primary, we will pay <br />only our share. Our share is the proportion <br />that the Limit of Insurance of our Coverage <br />Form beers to the total of the limits of all the <br />Coverage Forms and policies covering on the <br />same basis. <br />6. Premium Audit <br />a. The estimated premium for this Coverage <br />Form is based on the exposures you told us <br />you would have when this policy began. We <br />will compute the final premium due when we <br />determine your actual exposures, The <br />estimated toted premium will be credited <br />against the final premium due and the first <br />Named Insured will be billed for the balance, if <br />any. The due date for the final premium or <br />retrospective premium is the date shown as <br />the due date on the bill. If the estimated total <br />premium exceeds the final premium due, the <br />first Named Insured will get a refund, <br />b. If this policy is issued for more than one year, <br />the premium for this Coverage Form will be <br />computed annually based on our rates or <br />premiums in effect at the beginning of each <br />year of the policy. <br />CA 00 0110 13 Copyright, Insurance Services Office, Inc., 2011 Page 9 of 12 <br />