# Comprehensive Automobile Liability Insurance Coverage Part

## I. Coverage C—Bodily Injury Liability
Coverage D—Property Damage Liability

The company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of:

### Coverage C. bodily injury or
### Coverage D. property damage

To which this insurance applies, caused by an occurrence and arising out of the ownership, maintenance or use, including loading and unloading, of any automobile, and the company shall have the right and duty to defend any suit against the insured seeking damages on account of such bodily injury or property damage, even if any of the allegations of the suit are groundless, false, fraudulent, and made with intent to inflict injury in the prosecution of a claim or suit as it deems expedient, but the company shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of the company's liability has been exhausted by payment of judgments or settlements.

### Exclusions

This insurance does not apply:
(a) to liability assumed by the insured under any contract or agreement;
(b) to any obligation for which the insured or any carrier as his insurer may be held liable under any workmen's compensation, unemployment compensation or disability benefits law, or under any similar law;
(c) to bodily injury to any employee of the insured arising out of and in the course of his employment by the insured, but this exclusion does not apply to any such injury arising out of or in the course of domestic employment by the insured unless benefits therefor are in whole or in part either payable or required to be provided under any workmen's compensation law;
(d) to property damage to:
(1) property owned or being transported by the insured, or
(2) property rented to or in the care, custody or control of the insured, or as to which the insured is for any purpose exercising physical control, other than property damage to a residence or private garage by a private passenger automobile covered by this insurance;
(e) to bodily injury due to war, whether or not declared, civil war, insurrection, rebellion or revolution or to any act or condition incident to any of the foregoing, with respect to expenses for first aid under the Supplementary Payments provision.

## II. Persons Insured

Each of the following is an insured under this insurance to the extent set forth below:
(a) the named insured;
(b) any partner or executive officer thereof, but with respect to a non-owned automobile only while such automobile is being used in the business of the named insured;
(c) any other person while using an owned automobile or a non-owned automobile with the permission of the named insured, provided his actual operation (or if he is not operating) his other actual use thereof is within the scope of such permission, but with respect to bodily injury or property damage arising out of the loading or unloading thereof, such other person shall be an insured only if he is:
(1) a lessee or borrower of the automobile, or
(2) an employee of the named insured or of such lessee or borrower;
(d) any other person or organization but only with respect to his or its liability because of acts or omissions of an insured under (a), (b) or (c) above.
None of the following is an insured:
(i) any person while engaged in the business of his employer with respect to bodily injury to any fellow employee of such person injured in the course of his employment;
(ii) the owner or lessee (of whom the named insured is a sub-lessee) of a hired automobile or the owner of a non-owned automobile, or any agent or employee of any such owner or lessee;
(iii) an executive officer with respect to an automobile owned by him or by a member of his household.

## III. Limits of Liability

Regardless of the number of (1) insureds under this policy, (2) persons or organizations who sustain bodily injury or property damage, (3) claims made or suits brought on account of bodily injury or property damage or (4) automobiles to which this policy applies, the company's liability is limited as follows:

### Coverage C—The limit of bodily injury liability stated in the declarations as applicable to "each person" is the limit of the company's liability for all damages sustained by each such person as a result of bodily injury sustained by such person, but subject to the above provision respecting "each person", the total liability of the company for all damages because of bodily injury sustained by two or more persons resulting from one occurrence shall not exceed the limit of bodily injury liability stated in the declarations as applicable to "each occurrence".

### Coverage D—The total liability of the company for all damages because of all property damage sustained by one or more persons or organizations as the result of any one occurrence shall not exceed the limit of property damage liability stated in the declarations as applicable to "each occurrence".

### Coverages C and D—For the purpose of determining the limit of the company's liability for all damages because of bodily injury or property damage arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one occurrence.

## IV. Policy Period, Territory

This insurance applies only to bodily injury or property damage which occurs during the policy period within the territory described in paragraph (1) or (2) of the definition of policy territory.

## V. Additional Definitions

When used in reference to this insurance (including endorsements forming a part of the policy):
- "automobile business" means the business or occupation of selling, repairing, servicing, storing or parking automobiles;
- "hired automobile" means an automobile not owned by the named insured which is operated or driven in, out of, or loaned to, the named insured, provided such automobile is not owned by or registered in the name of (a) a partner or executive officer of the named insured or (b) an employee or agent of the named insured who is granted an operating allowance of any sort for the use of such automobile;
- "non-owned automobile" means an automobile which is neither an owned automobile nor a hired automobile;
- "owned automobile" means an automobile owned by the named insured;
- "private passenger automobile" means a four wheel private passenger or station wagon type automobile;
- "trailer" includes semi-trailer but does not include mobile equipment.

## VI. Additional Condition

Excess Insurance—Nired and Non-Owned Automobiles

With respect to a hired automobile or a non-owned automobile, this insurance shall be excess insurance over any other valid and collectible insurance available to the insured.