# Additional Conditions

## A. Premium

If during the policy period the number of insured highway vehicles owned by the named insured or spouse or the number of driver's license plates issued to the named insured or spouse exceeds the number noted on the application, the premium shall not be adjusted for such excess 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 advance premium paid, the named insured shall pay the excess to the company. If the company returns the advance premium, 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 entered upon the application for insurance and hereinbefore. The insured and every other person making claim hereunder shall submit to examinations under oath by any person named by the company and subscribe 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 physical 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 damages from any person or organization legally responsible for the bodily injury and/or property damage 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 thereunder, the insured or his legal representative shall institute any legal proceeding for bodily injury against any person or organization legally responsible therefor, the insured is a highway vehicle owner, and the amount of such sum and costs and other process served in connection with such legal action shall be forwarded immediately to the company by the insured or his legal representative.

## E. Other Insurance

Except as provided in the foregoing paragraph, if the insured has other similar insurance applicable to him with respect to the ownership, maintenance, or use of the uninsured highway vehicle, the damages shall be deemed not to exceed the higher of the applicable limits of liability of this insurance and such other insurance, and the company shall not be liable for a greater proportion to any loss to which this coverage applies than the limit of liability of this insurance and the sum of the applicable limits of liability of this 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 an uninsured highway vehicle because of bodily injury to the insured, or do not agree that the damages shall be satisfied out of the proceeds of such insurance, then, upon written demand of either, the matter shall be settled upon which person and the company do not agree shall be satisfied by arbitration, which shall be conducted in accordance with the rules of the American Arbitration Association. The award of the arbitrators shall be final and binding upon the insured and the company, and judgment upon the award ordered by the arbitrators may be entered in any court having jurisdiction thereof. Such person and the company each agree to consider itself bound and to be bound by any award made by the arbitrators pursuant to this instrument.

## G. Trust Agreement

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

(a) such payment shall be credited to the extent of such payment to the proceeds of any settlement or judgment that may result from the exercise of any rights of recovery of such person against any person or organization legally responsible for the bodily injury by reason of which such payment is made;

(b) such person shall hold in trust for the benefit of the company all rights of recovery which he may have against such other person or organization because of the damages which are the substance of claims made under this insurance;

(c) such person shall do whatever is proper to secure and maintain such rights;

(d) if requested in writing by the company, such person shall take, through any representative designated by the company, such action as may be necessary or appropriate to recover such payment as damages from such other person or organization. Such action to be taken in the name of such person in the event of a recovery. Such action shall be taken to secure prompt recovery for expenses, costs, and attorneys' fees incurred by him in connection therewith;

(e) such person shall execute and deliver 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 instrument.

## H. Payment at Loss by Checkpay

Any amount due hereunder is payable

## (a) in cash;

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

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

## (d) to a person authorized by law to receive such payment, who is a person legally entitled to recover the damages which the payment represents,

provided, the company may at its option pay any amount due hereunder in accordance with division d hereof.