# 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**
- **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 at any time to assume and control the defense and settlement, if any, of such bodily injury or property damage claim, even if any of the allegations of the claim be groundless, false or fraudulent, and to make investigation and settlement of any claim as it deems expedient, but the company shall not be obligated to pay any claim or settlement or to defend any suit after the applicable period during which 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 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 with the insured, but this exclusion does not apply to any such injury arising out of and in the course of domestic employment by the insured unless benefits therefor are in whole or in part within payable or required to be provided under any workmen's compensation law.
- (d) To property damage to:
  - Property owned or being transported by the insured, or
  - 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 the insured's 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, revolution, or any act or condition incident to any of the foregoing, with respect to expenses for rest and under the Supplementary Payments provisions, with respect to expenses for rest and under the Supplementary Payments provisions.

## 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 hired automobile with the permission of the named insured, provided that 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 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:

- (a) An employee of the named insured with respect to bodily injury to any fellow employee of his employer with respect to his employment;
- (b) 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;
- (c) 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 (4) autos brought on account of bodily injury or property damage, except as subsumed to which this policy applies, the company's liability is limited as follows:

### Coverage A - The limit of bodily injury liability stated in the declarations is applied to each "person" is the limit of the company's liability for all damages because of bodily injury sustained by one or more persons in the result of any one occurrence; but subject to the limitation respecting "each occurrence" and the total liability of persons as the result of any one occurrence, if the total liability has exceeded the limit of bodily injury liability stated in the declarations as applicable to such occurrence.

### Coverage B - 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.

### Coverage C and D - For the purpose of determining the limit of the company's liability, all bodily injury and property damage arising out of continuance of, or interval 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 (2) 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 used under contract in being leased to the named insured, provided that it is not owned by or registered in the name of (a) a partner or executive officer of the named insured or (b) an employee 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—Hired 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.