# 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 to defend any such action 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 or fraudulent, and may make such investigation and settlement of any claim as it deems advisable.

This company does not have the duty to pay any claim 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 or 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 and in the course of domestic employment by the insured unless benefits thereon 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 acting for the 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 hired automobile with the permission of the named insured, provided his actual operation or (if he is not operating) his actual use of such automobile results in 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, or while acting as 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 which sustain bodily injury or property damage, (3) claims made or suits brought, 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 because of bodily injury sustained by one person as the result of one occurrence. If more than one person sustains bodily injury or property damage or (4) automobiles to which this policy applies, the total liability of the company for all damages because of bodily injury sustained by two or more persons as the result of any one occurrence shall not exceed the limit of bodily injury liability stated in the declarations applicable to "each occurrence."

Coverage D - The total liability of the company for all damages because of all property damage sustained by two 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."

## 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 used under contract in the name of, or leased to, the named insured, provided such use is not made by or for, or ordered 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—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.