# "Hit-and-Run Vehicle" Definition

A "hit-and-run vehicle" means a highway vehicle which causes bodily injury to an insured arising out of physical contact of such vehicle with the insured or with a vehicle which the insured is occupying at the time of the accident, and:

(a) the identity of either the operator or owner of such highway vehicle;

(b) the insured or someone on his behalf shall have reported the accident within 24 hours thereof to a peace officer or judicial officer or to the Commissioner of Motor Vehicles, and shall have filed with the company within 30 days thereafter a statement under oath that the insured or his legal representative has a cause or causes of action arising out of such accident for damages against the person or persons whose identity is unascertainable, and setting forth the facts in support thereof; and

(c) at the company's request, the insured or his legal representative makes available for inspection the vehicle which the insured was occupying at the time of the accident.

# Insured Highway Vehicle

An "insured highway vehicle" means a highway vehicle:

(a) described in the schedule as an insured highway vehicle to which the bodily injury liability coverage of the policy applies;

(b) while temporarily used by the named insured as an insured highway vehicle as described in subparagraph (a) above, when withdrawn from normal use because of its breakdown, repair, servicing, loss or destruction;

(c) while being operated by the named or designated insured or by the spouse of a resident of the same household as the named or designated insured; but the term "insured highway vehicle" shall not include:

(i) a vehicle while used as a public or livery conveyance, unless such use is specifically declared and described in this policy;

(ii) a vehicle while being used without the permission of the owner;

(iii) under subparagraphs (b) and (c) above, a vehicle owned by the named insured, any resident of the same household as the named or designated insured; or

(iv) under subparagraphs (b) and (c) above, a vehicle furnished for the regular use of the named insured or any resident of the same household;

# Accessory or Permissive Use

"Accessory or permissive use" means or entering into or alighting from:

* States includes the District of Columbia, a territory or possession of the United States, and a province of Canada;

# Uninsured Highway Vehicle

An "uninsured highway vehicle" means:

(a) a highway vehicle with respect to the ownership, maintenance or use of which liability insurance or other coverages specified by the financial responsibility law of the state in which the insured highway vehicle is principally garaged, no bodily injury liability bond or insurance is applicable at the time of the accident, or with respect to which there is a bodily injury liability bond or insurance applicable at the time of the accident but the company writing the same denies Coverage thereunder; or

(b) a hit-and-run vehicle;

but the term "uninsured highway vehicle" shall not include:

(i) an insured highway vehicle,

(ii) a highway vehicle which is owned or operated by a self-insurer within the meaning of any motor vehicle financial responsibility law, motor carrier law or similar law,

(iii) a highway vehicle which is owned by the United States of America, Canada, a state, a political subdivision of any such government or an agency of any of the foregoing.

# Additional Conditions

## A. Premium

If during the policy period the number of insured highway vehicles owned by the named insured changes or the number of dealer license plates issued to the named insured changes, the named insured shall notify the company during the policy period of any change and the premium shall be adjusted in accordance with the manuals in use by the company. If the earned premium thus computed exceeds the amount already paid, the named insured shall pay the difference to the company; less, the company shall return to the named insured the unearned portion paid by such insured.

## B. Proof of Claim; Medical Reports

As soon as practicable, the insured or other person making claim shall give to the company written proof of claim, under oath if required, including full particulars of the nature and extent of the injuries, treatment, and other details entering into the determination of the amount payable hereunder. The insured and every other person making claim hereunder shall submit to examinations under oath by the company or its agents and subscribe to the same, as often as may reasonably be required. Proof of claim shall be made upon forms furnished by the company unless the company shall have failed to furnish such forms within 15 days after receiving notice of claim. The injured person shall submit to any medical examinations by physicians selected by the company when and as often as the company may reasonably require and

## C. Assistance and Cooperation of the Insured

After notice of claim under this insurance, the company may require the insured to take such action as may be necessary or appropriate to preserve his right to recover from the person or organization legally held to be legally responsible for the bodily injury; and in any action against the company, the company may require the insured to join such person or organization as a party defendant.

## D. Notice of Legal Action

If, before the company makes payment of loss hereunder, the insured or his legal representative institutes any action against any person or organization legally responsible for the use of a highway vehicle involved in the accident, a copy of the summons and complaint or other process served in connection with such legal action shall be forwarded immediately the company by the insured or his legal representative.

## E. Other Insurance

With respect to bodily injury to an insured while occupying a highway vehicle not owned by the named insured, this insurance shall apply only as excess insurance over any other similar insurance available to such insured and applicable to such vehicle as may be applicable thereto, and the limits of liability of such insurance shall be reduced by the limit of liability of this coverage exceeds the applicable limit of liability of such other insurance.

Except as provided in the foregoing paragraph, if the lessee has other similar insurance available to him with respect to the accident, the damages shall seem to exceed the higher of the applicable limits of liability of the insurance and such other insurance, and the company shall not be liable for greater proportion of any loss to which this coverage applies than the limit of liability remaining after the sum of the applicable limits of liability of the insurance and such other insurance.

## F. Arbitration

If any person making claim hereunder and the company do not agree that such person is legally entitled to recover damages from the owner or operator of a uninsured highway vehicle, or from the owner or operator of a hit-and-run vehicle, they shall each agree as to the amount of payment which may be owing under this insurance then, upon written demand of either, the matter or matters upon which such person and the company do not agree shall be referred to arbitration in accordance with the rules of the American Arbitration Association unless other means of conducting the arbitration are agreed to between the insured and the company, and judgment upon the award rendered by arbitrators shall be conclusive and binding upon both parties hereto, and the company and each agree to consider itself bound and to be bound by an award made by the arbitrators pursuant to this insurance.

## G. Trust Agreement

In the event of payment to any person under this insurance:

(a) the company shall be entitled to the extent of such payment to the proceeds of any trust agreement that may result from the exercise of any right of recovery of such person against any person or organization legally responsible for the bodily injury by which of which such payment is made;

(b) such person shall hold in trust for the benefit of the company all rights, remedies, and causes of action of such person against any person or organization because of the damages which are the subject of claim made under this insurance;

(c) such person shall do whatever is proper to secure and shall do nothing after to prejudice such rights;

(d) if requested in writing by the company, such person shall take, through an representative designated by the company, such action as may be necessary or appropriate to protect the interests of the company against any such other person or organization such action to be taken in the name of such person. In the event of a recovery, the company shall be reimbursed out of such recovery for expenses, costs and attorneys' fees incurred by the company in connection with the trust agreement and to the company such instruments and papers as may be appropriate to secure the rights and obligations of such person and the company established by this provision.

## H. Payment of Loss by the Company

Any amount due hereunder is payable

(a) to the insured, or

(b) if the insured be a minor to his parent or guardian, or

(c) if the insured be deceased to his surviving spouse, otherwise

(d) to a person appointed by law to receive such payment or to a person legally entitled to recover the damages which the payment represents.

Provided the company may at its option pay any amount due hereunder accordance with division (d) hereof.