# Document Title: Insurance Policy for Uninsured Highway Vehicles

## Section A: Definitions and Coverage

### A.1 Insured Highway Vehicle
An "insured highway vehicle" means a motor vehicle owned or operated by the named insured, or any person residing in the same household as the named insured.

### A.2 Uninsured Highway Vehicle
An "uninsured highway vehicle" means:
- A highway vehicle with respect to the ownership, maintenance, or use of which there is at least one owner specified by the financial responsibility law of the state where the insured highway vehicle is principally garaged.
- A highway vehicle which is owned or operated by a self-insurer within the meaning of any other vehicle financial responsibility law, motor carrier law, or any similar law.
- 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.

## Section B: Additional Conditions

### B.1 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 changes, the named insured shall notify the company during the policy period of such 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. The company may continue to return to the named insured the unearned portion of such premium.

### B.2 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 matters entering into the determination of the amount payable hereunder. The insured and any 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. The insured shall have failed to furnish such forms within 15 days after receiving notice of claim.

The insured person shall submit to physical examinations by physicians selected by the company when and as often as the company may reasonably require and

## Section 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 and appropriate to preserve his right to recover from the person or organization alleged 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.

## Section D: Notice of Legal Action

If, before the company makes payment of loss hereunder, the insured or his legal representative shall institute or legal action for bodily injury and/or property damage arising out of the accident, a copy of the summons and complaint or other process served in connection with such legal action shall be forwarded immediately to the company by the insured or his legal representative.

## Section 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 primary insurance, and this insurance shall then apply only in the amount by which the limit of liability for this coverage exceeds the limit of liability of such other insurance.

Except as provided in the foregoing paragraph, if the insured has other similar insurance available to him and applicable to the accident, 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 the payment of any amount in which this coverage applies in excess of the limit of liability hereunder to the sum of the applicable limits of liability of this insurance and such other insurance.

## Section 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, operator, or uninsured highway vehicle because of bodily injury arising 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 settled by arbitration conducted 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 the arbitrator may be entered in any court having jurisdiction thereof. Such person may consent to the conduct of the arbitration and the award may be made by the arbitrators pursuant to this provision.

## Section 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 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 and/or property damage because of such accident;

b) such person shall hold in trust for the benefit of the company all rights of recovery which he shall have again such other person or organization because of the damages which are the subject of claim made under this insurance;

c) such person shall do whatever is necessary to secure and protect his nothing after loss or prejudice such rights;

d) if requested in writing by the company, such person shall cause through any representative designated by the company, such action or may be necessary or appropriate to receive such payment as damages because of such accident;

e) in the event of a recovery, the company shall be reimbursed out of such recovery for expenses, costs and attorney fees incurred in connection therewith;

f) such person shall execute and deliver to the company such instruments and papers as the company may require to vest in the company all rights and interests of such person, established by this provision.

## Section H: Payment of Loss by the Company

Any amount due hereunder is payable:

a) to the insured,

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

c) if the insured deceased to his surviving spouse,

d) to a person authorized by law to receive such payment if such person legally entitled to recover the damages which the payment represents.

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