Part C - Uninsured Motorists (UM)

Part C Exclusions

Coverage is not provided when any insured sustains bodily injury under the following circumstances: An insured or family member is injured when occupying, or struck by a vehicle on by the named insured or a family member in the vehicle is not insured by this policy. An insured or a legal representative settles an uninsured motorist bodily injury liability claim and that settlement impairs the insurance companies ability to recover payments made to any insured. An insured is occupying a year covered auto while it is being used as a public or livery conveyance. And insured is using a vehicle without a reasonable belief that he or she is entitled to drive it. Family members always have a reasonable belief of entitlement to drive a year covered auto under this coverage. While insured by Worker's Compensation or disability insurance. No payment will be made under this coverage for injuries that might benefit any insurer, or self-insure, under any workers compensation or disability benefits lol. This means that if workers compensation for disability insurance is in place, that coverage must pay before this coverage applies. If the insured is legally responsible for punitive or exemplary damages, this coverage does not apply

Other Insurance

If more than one policy is in place and provides UM, the total amount of the insured may collect cannot exceed the highest limit applying to any one vehicle. For example if the insured's limits are 100-300 and the limits on the other policy are 50-100, the most the insured may collect is 100-300. If the loss occurs while the insured is occupying a non-owned vehicle, the policy covering the non-owned vehicle is primary, and the insurance coverage is excess. If more than one policy applies, the insured pays only a share of the loss, which is the proportion that its limit of liability bears to the total amount of all applicable coverage.

Arbitration

If the insurer and the insured do not agree on the recovery of damages or the amount recoverable by the insured, each party may select an arbitrator at each parties expense who is then jointly select a third arbitrator with the expense split equally by each party. A decision agreed upon by the arbitrator's will be binding as to the insured's entitlement to, and the amount of, damages

Insuring Agreement

Part C - uninsured motorist coverage provides insurance to insured persons injured in accidents that are caused by another party. The other party must be legally responsible for a bodily injury to an insured that arises out of the ownership, maintenance, or use of an uninsured motor vehicle. If the party is not legally responsible or not at fault this coverage doesn't apply. The insurer will pay damages that an insured is legally entitled to recover from the owner or operator of an uninsured motor vehicle because of bodily injury. Unless the policy specifically states that the uninsured motorist physical damage is also provided, this section of the policy only applies to bodily injury damages. In addition to the definition of insured that applies to the entire policy, the definition of insured for UM means: the name insured or any family member. Any person occupying a your covered auto. Any person who is entitled to recover damages because of bodily injury sustained by an insured and covered by the policy. For example if sue sustains bodily injury in an accident caused by an uninsured motorist, her children will be entitled to recover damages for loss of care when Sue is unable to care for them because she broke both her legs in the accident. Uninsured motorist coverage contains a definition for uninsured motor vehicle. An uninsured motor vehicle is one that: doesn't have insurance or a bond in place at the time of the accident. Has insurance in place at the time of the accident. However, the bodily injury liability limits are less than those required by the financial responsibility or compulsory insurance laws employees in the state where the insured your cover auto is Principally garaged. Is a hit-and-run vehicle. The owner or operator of the vehicle can't be identified and must hit: the named insured or a family member; a vehicle occupied by the named insured or a family member; or you're covered Auto. Has insurance, but the insurer either not either denies the claim or becomes insolvent The following types of vehicles are not included in the definition of uninsured motor vehicle - - - vehicle that's owned by the named insured or a family member or a vehicle that's furnished or available for the regular use of the name to charred or a family member such as a company car. A vehicle that is owned or operated by someone who is self insured, unless the owner operator is or becomes insolvent. A vehicle owned by any government agency. Vehicle that operates on rails or crawler treads, such as a train or piece of mobile equipment like a bulldozer. A vehicle designed mainly for use of public roads such as a snowmobile or ATV. A vehicle permanently located for use as a residence, such as a motorhome or trailer in a campground

Limit of Liability

The limit of liability shown in the declarations is the maximum the insurer will pay in anyone accident. This is the most the insurer will play regardless of the net number of insurance, claims made, vehicles or premium shown in the declarations, or vehicles involved in the accident. If the loss is covered under more than one part of the policy, payment will not be duplicated

Underinsured Motorist Coverage

This coverage is slightly different from the uninsured motorist coverage, and may be restricted by state statutes as part of the uninsured motorist coverage. In other states, coverage is optional or added by endorsement. Underinsured motorist coverage UIM protects the insured against drivers who do have auto liability insurance, but whose coverage limits are in adequate or insufficient to respond to claims. The coverage pays only up to the amount that exceeds the limit of liability of the at fault party