DM1\11320782.7 

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

BRIANA SIEGAL, individually and on ) 

behalf of all others similarly situated, ) 

) 

Plaintiff, ) 

) 

 v. ) Case No. 1:20-cv-04306 

) 

GEICO CASUALTY COMPANY, ) Hon. Sharon J. Coleman

GEICO INDEMNITY COMPANY, and ) 

GEICO GENERAL INSURANCE ) 

COMPANY, ) 

) 

Defendants. ) 

GEICO’S MEMORANDUM IN SUPPORT OF ITS 

MOTION TO DISMISS PLAINTIFF’S COMPLAINT 

Defendants GEICO Casualty Company, GEICO Indemnity Company and GEICO General 

Insurance Company (collectively, “GEICO”), by and through its attorneys Duane Morris LLP, 

respectfully moves this Honorable Court, pursuant to Federal Rule of Civil Procedure 12(b)(6), 

for dismissal of Plaintiff’s Complaint with prejudice and, in support thereof, state as follows: 

INTRODUCTION

Plaintiff has auto insurance through GEICO. During the pandemic, GEICO advised that it 

would give its policyholders a “15% discount on new and renewal policies.” (Cmplnt, ¶ 4.) 

Plaintiff renewed her policy with GEICO in the midst of the pandemic for the period beginning 

June 1, 2020, and received this discount. Plaintiff has not alleged that GEICO violated any 

statutory mandate. Instead, Plaintiff now contends that a 15% discount over a six-month period, 

which continues for policies issued or renewed through Oct. 8, 2020, is inadequate. Plaintiff 

argues that this purported inadequacy somehow breached her insurance contract (Count I), unjustly 

enriched GEICO (Count II), frustrated the purpose of the policy (Count III), and violated the 

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Illinois Consumer Fraud Act (Counts IV and V). Plaintiff also seeks to certify a class of GEICO 

policyholders for the same claims. 

The Complaint should be dismissed because it fails to state a claim as a matter of law. 

GEICO did not breach any term of its insurance contract, and it provided full transparency to 

Plaintiff on her discount. GEICO voluntarily provided this discount to its policyholders. GEICO 

was under no contractual, statutory, or regulatory duty to make any “giveback” at all. 

Furthermore, GEICO never made a false or deceptive statement about the “giveback.” It 

offered and gave a 15% discount, and provided a “Giveback Estimator” for policyholders to view 

their discounts to the dollar. No reasonable policyholder would have understood the discount to 

be anything other than 15%. The unjust enrichment claim fails too because it is premised on 

GEICO’s statements that were, in fact, true and honored. And, finally, there is no actual damage 

from the discount. Instead, Plaintiff benefited from the discount and renewed her policy in the 

midst of the pandemic with full access to the amount of premium being charged (which dropped 

from $945.57 to $900.66 on renewal, and then which was reduced further by the 15% discount to 

$765.56, as alleged in the Complaint at ¶ 28). 

At root, Plaintiff is asking the Court to allow a jury trial to retroactively reform clear and 

unambiguous policy terms, and to change the auto insurance premiums of thousands of Illinois 

policyholders. This is far out of bounds. There is no legal basis for retroactive contract 

reformation and recalculation of premium. This is especially so where Plaintiff could have 

canceled her auto insurance policy at any time, received a pro rata refund, and signed up with 

another insurer for a different deal. 

Such a Complaint has an unfair one-sided perspective. Plaintiff considers only the 

circumstance of unexpectedly lesser auto-damage losses. But this is the realm of insurance: 

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unexpected events run in both directions. In the next year, or even during the remainder of 

Plaintiff’s current policy period, there may be unexpectedly greater auto-damage losses due to 

great floods, wildfires, hail storms, or more sophisticated auto theft enterprises, to name just some 

of the fortuities of insurance risk. If there are unexpectedly greater auto-damage losses from such 

events, one can be sure that there will be no class-action complaints seeking to retroactively 

increase auto-insurance premiums because GEICO had to pay more than it expected to pay. It is 

not fair or prudent – and it is certainly not legal – to revise insurance premiums after the fact in 

either direction. Indeed, one of Plaintiff’s cars could be wrecked or stolen tomorrow, and GEICO 

could not (and would not) then seek to retroactively increase her premium on the basis of the 

unexpected event. 

Such regulatory issues about premiums and rating are for the state legislature. And, here, 

the state legislature has decided that “open competition in auto insurance rates is workable and 

beneficial.” Corbin v. Allstate Corp., 140 N.E.3d 810, 813 (5th Dist. 2019). The General Assembly 

could have chosen to enact statutes that would allow lawsuits for retroactive changes to premiums 

in auto insurance. The default rule, as in any commercial transaction, however, is that the purchase 

price does not later change unless there is a term in the contract that dictates that result. 

THE COMPLAINT’S ALLEGATIONS

Plaintiff is a Chicago resident who had two GEICO auto insurance policies. (Cmplnt, ¶ 9). 

Plaintiff does not allege that GEICO violated a single term of her insurance policies. Plaintiff does 

not allege that GEICO violated a single insurance statute or regulation. Instead, Plaintiff’s 

complaint is that GEICO’s 15% discount for six months was not large enough. 

The Complaint details the spread of COVID-19 and the Illinois Governor’s stay-at-home 

orders. (Id., ¶¶ 10-16). Third parties reported decreased driving during the pandemic. (Id., ¶¶ 17-

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20). GEICO allegedly collected “excessive premiums” which “led to a substantial windfall in 

profits.” (Id., ¶ 21). A third party allegedly estimated that “at least a 30% minimum average 

premium refund to consumers would be required to correct the unfair windfall” for roughly six 

weeks. (Id., ¶ 22). 

Plaintiff then complains about the “GEICO Giveback” during the pandemic, which covers 

six months. (Id., ¶ 24). Under the “GEICO Giveback,” GEICO advised policyholders that it will 

provide a 15% discount on new and renewal policies for a six-month period. (Id.) GEICO’s 

website explained: 

How much is the credit? 

The credit will be 15% of your posted new business or renewal 

amount that are not issued through a required ceded or AIP 

insurance plan. See “What is a ceded or AIP insurance plan for

ceded policies”? Current policyholders do not need to do anything 

to receive this credit. 

How will I get the credit? 

You don’t need to do anything. It will be automatically applied to 

your next renewal, or if you purchase a new policy, to your second 

payment. We encourage you to monitor your policy on the GEICO 

Mobile app or geico.com. Once the credit has been applied, you will 

be able to verify it online. 

Exhibit 1 (GEICO website FAQs on the Giveback). 

 GEICO also provided the “GEICO Giveback Credit Estimator” on its website: 

The GEICO Giveback Credit Estimator 

GEICO is providing a 15% credit to our GEICO Auto, Motorcycle, 

and RV policyholders. Existing policyholders who qualify for the 

credit can use this tool to determine the date and approximate credit 

amount you'll receive. 

What is the length of your policy? 

6 months 

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12 months 

Current Policy Effective Date? 

How much is your total premium? 

$

Calculate 

Exhibit 1 (GEICO website). 

Plaintiff received the 15% discount. (Id., ¶ 29) (“GEICO only gave Plaintiff an inadequate 

15% credit”). Plaintiff alleges that GEICO’s “refund program was inadequate.” (Id.). In support, 

Plaintiff alleges that the Consumer Federation of America found that GEICO should give at least 

a 30% refund for the six-week period of mid-March to the end of April. (Id., ¶ 22). Even though 

Plaintiff is comparing the CFA’s six-week “calculation” to GEICO’s six-month discount, Plaintiff 

alleges her premiums were “unconscionably excessive.” (Id., ¶ 9). 

Plaintiff alleges one purportedly false statement by GEICO from its website: “shelter in 

place laws have reduced driving, and we are passing these savings on to our auto, motorcycle, and 

RV customers.” (Id., ¶ 26). Plaintiff does not explain why or how this statement is purportedly 

false, and does not specify what this statement should have said instead. 

At any time, Plaintiff has had the right under her auto insurance policy to cancel her auto 

insurance policy, and receive a pro rata refund. Her policy states: 

See Exhibit 2 at page 34 of 40. 

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Finally, Plaintiff alleges the presence of thousands of similarly-situated policyholders in 

Illinois. (Id., ¶ 30). Plaintiff seeks the certification of a class based on purportedly common 

questions of law and fact involving the “full refund” of “excessive auto premiums” to these other 

GEICO policyholders. (Id., ¶ 35). 

ARGUMENT

A motion to dismiss considers the legal sufficiency of claims in the light of allegations 

accepted as true in the Complaint. Materials incorporated by reference may also be considered. 

Orgone Capital III, LLC v. Daubenspeck, 912 F.3d 1039, 1044 (7th Cir. 2019). Here, those 

materials include Plaintiff’s auto insurance policy and GEICO’s website explanation of its 

Giveback Program. 

I. THE CLAIM FOR BREACH OF CONTRACT SHOULD BE DISMISSED. 

Count I is for “Breach of Contract – Violation of the Covenant of Fair Dealing and Good 

Faith.” Plaintiff does not point to any term of the insurance policy as being violated. Instead, 

Plaintiff alleges that GEICO engaged in “opportunistic advantage-taking and lack of cooperation.” 

(Cmplnt, ¶ 44). 

“It is settled law in Illinois [] that a breach of good faith and fair dealing cannot be an 

independent cause of action.” 7-Eleven, Inc. v. Shakti Chicago, Inc., 2019 WL 3387001, at *3 

(N.D. Ill. July 26, 2019) (Coleman) (dismissal for failure to state a claim); Fair Isaac Corporation 

v. Trans Union, 2019 WL 1436018, at *3 (N.D. Ill. March 30, 2019) (Coleman) (same). To 

establish a breach of the implied duty of good faith, “a party must demonstrate that ‘the contract 

vested the opposing party with discretion in performing an obligation under the contract and the 

opposing party exercised that discretion in bad faith....” Fair Isaac, 2019 WL 1436018, at *3 

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(citing LaSalle Bank Nat’l Assoc. v. Paramount Properties, 588 F. Supp. 2d 840, 857 (N.D. Ill. 

2008)(St. Eve)). 

Here, there are no such allegations in the Complaint. Plaintiff points to no term in the 

insurance policy that was allegedly breached –much less any term in the insurance policy that 

confers discretion that was allegedly exercised by GEICO in bad faith. The claim for breach of 

contract should thus be dismissed. 

II. THE “FRUSTRATION OF PURPOSE” CLAIM SHOULD BE DISMISSED. 

Count III is for “Frustration of Purpose.” This is not a stand-alone claim under Illinois law. 

Instead, it is a rarely-invoked affirmative defense to enforcement of a contract: 

Under Illinois law the defense [of frustration of purpose] is not to be 

applied liberally and the party seeking rescission must show that (1) 

the frustrating event was not reasonably foreseeable and (2) the 

value of counterperformance has been totally destroyed by the 

frustrating event.... 

U.S. v. Southwestern Elec. Co-op., Inc., 869 F.2d 310, 315 (7th Cir. 1989) (upholding dismissal of 

doctrine’s application as a contractual defense). 

The doctrine has no place here. Plaintiff could have cancelled her insurance policy if she 

had believed its “value had been totally destroyed” at any point during the pandemic. Under the 

terms of her policy (incorporated by reference), she has had the right to cancel, and to receive a 

pro rata refund. She has obviously elected to retain her policy. 

Equally obvious, her autos remained insured throughout the time period of her initial and 

renewal policies, whether while parked on the street, garaged, or when driven. There is no 

allegation that she received no value from her insurance. Nor could there plausibly be. She does 

not allege that she did not drive her cars. None of the shut-down orders recited in the Complaint 

prohibited her from driving her cars anyway. 

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Just because she had no insurance claim during this period does not mean that she received 

no value. Certainly GEICO had no contractual right to retroactively surcharge her premium if 

Plaintiff had been in a car accident and suffered collision damage or personal injury. See, e.g.,

Springfield Oil Drilling Corp. v. Weiss, 2003 WL 22025006 at *7 (N.D. Ill. Aug. 28, 2003) 

(Pallmeyer) (rejecting frustration of purpose doctrine “as the event did not totally or almost totally 

destroy the value of the parties’ performance”). 

The “frustration of purpose” count should be dismissed. 

III. THE ICFA CLAIM FOR DECEPTION SHOULD BE DISMISSED. 

There are two claims under Section 505/2 of the Illinois Consumer Fraud and Deceptive 

Business Practices Act. The elements of a deception claim (Count V) under the Illinois Consumer 

Fraud Act are as follows: 

(1) the defendant undertook a deceptive act or practice; (2) the 

defendant intended that the plaintiff rely on the deception; (3) the 

deception occurred in the course of trade and commerce; (4) actual 

damage to the plaintiff occurred; and (5) the damage complained of 

was proximately caused by the deception.... [A] complaint made 

pursuant to the ICFA must be pled with the same specificity as that 

required under common law fraud. 

Davis v. G.N. Mortg. Corp., 396 F.3d 869, 883 (7th Cir. 2005) (internal quotation mark and 

citations omitted). “When analyzing a claim under the ICFA, the allegedly deceptive act must be 

looked upon in light of the totality of the information made available to the plaintiff.” Id. at 884. 

A. THERE WAS NO FALSE OR DECEPTIVE STATEMENT. 

GEICO notified policyholders of a 15% discount upon renewal, for a six-month period, 

and that is exactly what GEICO delivered to Plaintiff. This was a plain and truthful statement. 

GEICO’s website stated that “shelter in place laws have reduced driving, and we are 

passing these savings on to our auto, motorcycle, and RV customers.” (Cmplnt, ¶ 26). Plaintiff 

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argues that this statement is false because GEICO has not “fully pass[ed] the savings on” and 

“GEICO does not disclose the amount of its excessive profits.” (Id.) This is sheer invention. 

There is no false statement. 

The message is plain that policyholders will receive a 15% discount on policies issued ore 

renewed over a six-month period, which continues to run through October 7, 2020. The website 

announced the genesis of the Giveback Program in the reduced driving from the shelter-in-place 

orders, and then specified a 15% discount. The website also provided a “GEICO Giveback 

Estimator” for policyholders to calculate exactly how much of a discount they were due to receive, 

which would thus enable them to make an informed decision of whether to renew their policy, or 

cancel and switch to another auto insurer. 

Courts have routinely considered the context of statements in rejecting allegations of falsity 

under the ICFA. Toulon v. Continental Casualty, 877 F.3d 725, 735-36 (7th Cir. 2017) (upholding 

dismissal of ICFA claim on the basis of the full context of the language in the insurance policy); 

Bober v. Glaxo Wellcome PLC, 246 F.3d 934, 938-39 (7th Cir. 2001) (upholding dismissal of ICFA 

claim because information available on the website would dispel any alleged issue of deception); 

Killeen v. McDonald’s Corporation, 317 F. Supp. 3d 1012, 1013-14 (N.D. Ill. 2018) (Bucko) 

(granting motion to dismiss an ICFA claim where available price information allowed consumer 

to see that “Extra Value Meal” could cost more than separate orders of same items). 

B. A REASONABLE POLICYHOLDER WOULD EXPECT THE ADVERTISED 15%

DISCOUNT. 

No reasonable policyholder would have read the general statement that GEICO is “passing 

these savings on [due to reduced driving]” to form an expectation from that statement alone that 

the “savings” would be a definite percentage. Instead, GEICO explicitly and transparently set 

forth the discount percentage (15%) and time period (six months) of its Giveback Program. 

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Therefore, no reasonable consumer would have done anything other than accept that 15% as the 

amount of the discount, over the indicated six-month period, and then use the “GEICO Giveback 

Estimator” to compute his or her future savings on that basis. 

It is telling that Plaintiff does not provide a definite percentage, and instead provides 

general speculative guestimates from an activist organization whose comments are limited to a 

six-week period rather than a six-month period. Terms like “savings” and “profits” and “earnings” 

are general accounting concepts that have underlying inputs that require definition, and here those 

statements were explicitly explained and qualified with the details of the Giveback Program. It is 

a truism that the realm of insurance, or assumption of risk, is inherently speculative because an 

insurer will know its premiums (one side of the ledger) for a particular line of business in a 

particular period, but not know its losses for that period until the accident history (litigation) is 

fully resolved (the other side of the ledger). The Consumer Federation (or any organization, for 

that matter), can only pretend to know, and invite speculation over, what the “savings” are for 

policies current in 2020. What was and is known, however, are the precise terms of Plaintiff’s 

policy, the $180 reduction in her premium at renewal, and the details of GEICO’s Give Back 

Program, which were set forth on its website along with the premium calculator. 

Courts routinely dismiss ICFA claims from the perspective of the “reasonable consumer.” 

See, e.g., Galanis v. Starbucks Corporation, 2016 WL 6037962, at *3 (N.D. Il. Oct. 14 2016) 

(Durkin) (dismissing ICFA claim on the basis that the reasonable consumer would expect the ice 

in an iced drink to reduce the volume of the fluid content advertised for the size of the drink). Even 

if Plaintiff claimed to be confused by the GEICO website in some way, it would still not be 

actionable under the ICFA. Alleged confusion is insufficient. Abramov v. Home Depot, Inc., 2018 

WL 1252105, at *3 (N.D. Ill. March 12, 2018) (Coleman) (granting motion to dismiss ICFA claim) 

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(“Here, at most, Abramov has alleged that the product label in question is ambiguous and that it 

might confuse consumers as to a material fact. This allegation is insufficient to establish that the 

label in this case, which is truthful, is nevertheless misleading and legally actionable under 

ICFA.”). 

Plaintiff’s allegation is especially deficient because she had access to the “GEICO 

Giveback Estimator,” whereby she could calculate her expected discount to the dollar. Id. (“This 

[the insufficiency of the allegation] is especially so in this case because, here, Abramov had 

physical access to the board in question, and therefore had access to all of the information that he 

needed to determine its actual dimensions.”). Given GEICO’s transparency and clarity of the 

discount amount and percentage, it was not reasonable for Plaintiff to expect more than the 

advertised 15% discount she received. 

C. PLAINTIFF DOES NOT ALLEGE MATERIALITY. 

Plaintiff fails to allege that she would not have renewed her GEICO policies if she had 

known that the discount would be only 15%. This element is absent, which is fatal to her ICFA 

claim. 

As explained by the Seventh Circuit: 

Another reason why Toulon failed to state a claim for omission of a 

material fact under [the Illinois Consumer Fraud Act] is that she did 

not plead that she would not have bought the Policy if she had 

known about the premium increase after the expiration of the ratestabilization period. “An omission is ‘material’ if the plaintiff 

would have acted differently had it been aware of it, or if it 

concerned the type of information upon which it would be expected 

to rely in making its decision to act.” 

Toulon, 877 F.3d at 740 (citation omitted). 

This is no mere technicality. Plaintiff does not even suggest that there was any material 

reliance. Furthermore, Plaintiff would not be expected to rely on something that she was not 

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contractually entitled to. GEICO voluntarily proposed and instituted the 15% discount. No 

policyholder had to do anything in order to be entitled to it upon renewal. Any policyholder was 

free to cancel or non-renew with GEICO, and to sign up with another auto insurer in Illinois. 

D. PLAINTIFF DOES NOT ALLEGE DAMAGE. 

Yet another element of an ICFA claim is missing from the Complaint. Plaintiff does not 

allege that, but for the alleged deception, she “could have shopped around and obtained a better 

price in the marketplace.” Kim v. Carter’s Inc., 598 F.3d 362, 366 (7th Cir. 2010). Instead, GEICO 

voluntarily offered and instituted a 15% discount, and Plaintiff received it. 

Plaintiff “got the benefit of [her] bargain and suffered no actual pecuniary harm.” Kim, 

598 F.3d at 366 (affirming dismissal of ICFA claim upon a motion to dismiss). See also DOD 

Techs. v. Mesirow Ins. Servs., Inc., 381 Ill. App. 3d 1042 (1st App. 2008) (finding no actual 

damages where an insured failed to allege “that it would have bargained for better insurance 

prices” had it known of an insurance broker’s undisclosed commission costs). 

For these reasons, the claims under the Illinois Consumer Fraud Act should be dismissed. 

IV. THE ICFA UNFAIRNESS CLAIM SHOULD ALSO BE DISMISSED. 

There is a separate count (Count IV) under the ICFA for “unfairness.” The standard is very 

high. A defendant’s conduct must (1) violate public policy; (2) be so oppressive the consumer has 

little choice to submit; and (3) cause consumers substantial injury. Siegel v. Shell Oil Co, 612 F.3d 

932, 935 (7th Cir. 2010). This claim should be dismissed for several reasons set forth below. 

A. THERE WAS NO DECEPTIVE OR FALSE STATEMENT. 

Even though Plaintiff purports to state a separate claim under the ICFA for unfairness, 

Plaintiff repeats the same allegation of a purportedly false statement to support this ICFA claim. 

(Cmplnt ¶ 57) (“GEICO falsely claims to its customers that it is providing substantial and full 

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relief through its refund program and does not disclose that its refund program does not, in fact, 

provide full relief”). For the reasons stated in Section III above, GEICO made no false or 

deceptive statement. Instead, it explicitly set forth the terms of the Giveback Program: a 15% 

credit over a six-month period, as plainly reflected in the premium reduction Plaintiff received on 

her June 1, 2020 renewal. (Cmplnt ¶ 29). This claim should thus be dismissed. 

B. NO STATUTE OR LAW WAS ALLEGEDLY VIOLATED. 

To sustain an unfairness claim, Plaintiff must also allege the violation of a “standard of 

conduct contained within Illinois’ statutes or common law.” Ware v. Samsung Electronics 

America Inc., 2019 WL 2341399, at *3 (N.D. Ill. June 3, 2019) (Coleman); Washington v. Hyatt 

Hotels Corp., 2020 WL 3058118, at *6 (N.D. Ill. June 9, 2020) (Blakey) (“a practice offends public 

policy where ‘the practice violates statutory or administrative rules establishing a certain standard 

of conduct’”) (citation omitted). 

The Complaint is devoid of any such allegation. There is no Illinois statutory or 

administrative duty alleged to have been violated. Thus this claim should be dismissed. See, e.g.,

Ware, 2019 WL 2341399, at *3 (granting motion to dismiss ICFA fairness claim where there was 

no Illinois statutory or common law violation alleged); Washington, 2020 WL 3058118, at *6 

(granting motion to dismiss ICFA fairness claim because no administrative rule prohibited the 

conduct). 

Even if the Complaint contained a “[c]onclusory assertion[] of ‘industry norm,’” it would 

not suffice. Ware, 2019 WL 2341399, at *2. See also Marchetti v. Chicago Title Insurance Co., 

2015 WL 196222, at *4 (N.D. Ill. Jan. 14, 2015) (Coleman) (“The [ICFA] does not apply to simple 

breach of contract claims....”). 

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C. PLAINTIFF HAS HAD A READY ALTERNATIVE. 

 Courts consider a practice “immoral, unethical, oppressive, or unscrupulous” if it “so 

oppressive as to leave the consumer with little alternative except to submit to it.” Batson v. Live 

Nation Entertainment, Inc., 746 F.3d 827, 833 (7th Cir. 2014) (citation omitted). Plaintiff makes 

no effort to try to satisfy this standard. Dismissal is appropriate. Washington, 2020 WL 3058118, 

at *6 (granting motion to dismiss ICFA claim on that basis). 

 Plaintiff’s ability to cancel her policy at any time is fatal to her claim of oppression. GEICO 

has not forced her to remain as a policyholder. Her policy gives her the clear right to cancel and 

receive a pro rata refund, and instead, she chose to renew her policy in the midst of the pandemic 

for $180 less than the prior policy period. Where consumers have ready options, the unfairness 

claim should be dismissed. See, e.g., Batson, F.3d at 833 (upholding dismissal of ICFA claim 

because the plaintiff was willing to pay the full ticket price and could have opted for other 

entertainment); Washington, 2020 WL 3058118, at *7 (“Washington could have avoided paying

the modest resort fees by, among other things, choosing a different hotel or opting for an Airbnb.”). 

 For these reasons, the ICFA claim for unfairness should be dismissed. 

V. THE UNJUST ENRICHMENT CLAIM SHOULD ALSO BE DISMISSED. 

Plaintiff alleges that “GEICO has unjustly retained a benefit” by its alleged “failure to fully 

refund excessive auto insurance premiums.” (Cmplnt, ¶ 47). There are two reasons why this claim 

for unjust enrichment fails. 

A. IT FALLS WITH THE ICFA CLAIMS. 

“When an unjust enrichment claim is premised on an allegedly fraudulent representation, 

... that claim inherently fails if the representation in question is not fraudulent.” Abramov v. Home 

Depot, Inc., 2018 WL 1252105 (N.D. Ill. March 12, 2018) (Coleman) (citing Ass’n Benefit Servs., 

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Inc. v. Caremark RX, Inc., 493 F.3d 841, 855 (7th Cir. 2007). Because the Consumer Fraud Act 

claims are premised on a purportedly false statement on GEICO’s website, and because there is no 

such false statement (for the reasons discussed above), the claim for unjust enrichment should also 

be dismissed. 

B. THE INSURANCE POLICY PREEMPTS THE UNJUST ENRICHMENT CLAIM. 

An unjust enrichment claim is also incompatible with the existence of an insurance policy 

between an insurer and its policyholder. As explained by the Seventh Circuit: 

An additional reason why Toulon’s claim for unjust enrichment was 

properly dismissed was because there was an actual contract that 

governed her relationship with Continental. ‘A claim for unjust 

enrichment is “based upon an implied contract; where there is a

specific contract that governs the relationship of the parties, the 

doctrine has no application.”’ There is no question that a contract 

for insurance governs the relationship between Toulon and 

Continental.... For this additional reason, the district court was 

correct to dismiss her claim for unjust enrichment. 

Toulon v. Continental Casualty Co., 877 F.3d 725 (7th Cir. 2017) (citations omitted). 

CONCLUSION

For these reasons, GEICO respectfully requests that this Honorable Court dismiss the 

Complaint with prejudice, and enter any other relief deemed necessary and proper. 

/s/ Lisa T. Scruggs 

Lisa T. Scruggs (#6256650) 

Ronald M. Lepinskas (#6216428) 

DUANE MORRIS, LLP 

190 South LaSalle, Suite 3600 

Chicago, IL 60603 

ltscruggs@duanemorris.com 

rmlepinskas@duanemorris.com 

Damon N. Vocke 

(Admission To Be Sought Pro Hac Vice) 

DUANE MORRIS LLP 

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1540 Broadway 

New York, NY 10036-4086 

dnvocke@duanemorris.com 

 

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CERTIFICATE OF SERVICE 

The undersigned certifies that on September 3, 2020, she caused the foregoing document 

to be electronically filed with the Court using the CM/ECF system. Notice of this filing will be 

sent to the parties of record by operation of the Court’s electronic filing system. Parties may access 

this filing through the Court’s system. 

 /s/ Lisa T. Scruggs 

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Home (/) > About GEICO | Corporate Links and Resources (/about/) > COVID-19: GEICO is Here to Help (/about/coronavirus/)

FAQs About The GEICO Giveback

Last Updated: July 23, 2020

There's nothing you need to do to getthe credit.

GEICO will apply all credits automatically at renewal for auto, motorcycle, and RV policies. Your credit will be

reected on your paperwork at renewal between:

04/08/2020 – 10/07/2020 for 6-month policies

04/08/2020 – 04/07/2021 for 12-month policies

You can estimate your credit amount and see when to expect it with The GEICO Giveback Estimator

(/about/coronavirus/estimator/).

You will get the credit when your policy renews; it will apply to your rst payment. Any additional

credit you receive will be applied to the next payment. For new policies that qualify, it will apply to

your second payment.

When will I get the credit? 

We know that shelter in place laws have reduced driving, and we are passing these savings on to our

auto, motorcycle, and RV customers.

What if I'm driving less? 

(

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The credit will be 15% of your posted new business or renewal amount that are not issued through a

required ceded or AIP insurance plan. See "What is a ceded or AIP insurance plan for ceded policies?"

Current policyholders do not need to do anything to receive this credit.

How much is the credit? 

We are working hard to apply the credit to every policy that qualies. If you have already paid your

renewal premium in full, or paid in full for a new GEICO policy, when the credit is applied, you will

receive a refund due to the credit. We appreciate your patience.

If I'm paying in full, why am I getting a refund? 

Absolutely! We're in this together, and we thank you for all you're doing. We know some people are

still driving but we're giving the 15% credit to every eligible customer.

I'm an essential worker and still driving. Will I still get the discount? 

GEICO is giving back to our customers during this critical time because we are all in this together. We

value our customers and understand how this pandemic has created challenges for all of us. We also

know that shelter in place laws have reduced driving, and we are passing these savings on to our auto,

motorcycle, and RV customers.

Why are we doing this? 

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You won't miss out. The credit will be applied to your next renewal which should fall within The

GEICO Giveback time period.

What if my policy renewed prior to April 8, 2020? 

No. Rates are determined by many factors and in no way would we ever increase our rates due to

offering a policy benet. We are in this together and The GEICO Giveback offers a 15% policy credit

to our customers.

Are you going to increase my rates to offset this? 

Thank you for being a loyal GEICO customer! The 15% credit of your total policy premium will be

applied. If you paid in full, a refund will be issued for the difference in your total premium. Others on

payment plans, the 15% credit will still apply to your total policy premium applied to the next

payment due.

What if my policy renewed since April 8, 2020, and I have already made a

payment?



You don't need to do anything. It will be automatically applied to your next renewal or, if you

purchase a new policy, to your second payment. We encourage you to monitor your policy on the

GEICO Mobile app or geico.com. Once the credit has been applied, you will be able to verify it online.

How will I get the credit? 

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If the credit is greater than the monthly payment, any additional credit will be applied to the next

payment due.

What if the credit is larger than my monthly payment? 

The GEICO Giveback will give you a 15% credit on your total 6-month or 12-month premium when

your policy renews. In the meantime, we are providing as much exibility as possible with current

bills.

Can you credit my policy now? 

Yes. Eligible customers who have 12-month policies will receive the credit at their next renewal. The

credit will be applied as those policies come up for renewal between April 8, 2020 and April 7, 2021,

in addition to, new 12-month policies purchased with an effective date between April 8, 2020 and

October 7, 2020.

Will I get the credit if I have a 12-month policy? 

For example, you may have policy with a 6-month term. At the end of the 6-month period, the policy

may be renewed to provide continuous coverage.

What do you mean by renewal? 

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We will continue to offer payment options to meet your needs.

What if I can't pay my bill today? 

Taxes, fees, or surcharges included in the 6-month or 12-month premium are eligible for the 15%

credit. Examples of taxes, fees, or surcharges that do not qualify for the credit include, but are not

limited to:

California Fraud Assessment Recoupment Fee

California Reissue Fee

Certicate of Financial Responsibility (CFR) Filing Fees

Colorado Auto Theft Prevention Fee

Kentucky City Tax

Kentucky Surcharge Fee

Minnesota Auto Theft Prevention Surcharge

North Carolina Commercial Recoupment Fee

North Carolina Clean Risk Allocation Fee

New York Law Enforcement Fee

Returned Check Fee

Service Charges

Texas Theft Prevention Charge

Are taxes, fees, or surcharges eligible for the credit? 

The GEICO Giveback applies to GEICO Personal Auto, Motorcycle, and RV policies that are not

issued through a required ceded or AIP insurance plan.

Which policy types does The GEICO Giveback apply to? 

Will I be able to see this on my bill? 

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Have questions about Payment Assistance?

Review our list of frequently asked questions (/about/coronavirus/payment assistance/)

Yes.

y

When your policy renews, the credit will be applied to your renewal premium or any outstanding

balance on that policy.

Can this be applied to what I owe? 

Ceded policies are reinsured by the North Carolina Reinsurance Facility (NCRF) for applicants who

do not meet our voluntary underwriting standards. It is a state-mandated program established to

assure automobile coverage to qualied North Carolina drivers who cannot obtain coverage

elsewhere.

AIP insurance plans apply when a driver or vehicle owner cannot qualify for insurance in the regular

market. He or she must get coverage through a state assigned risk plan which species that each

company must accept a proportionate share of these drivers/owners.

Ceded* and AIP policies do not qualify for the credit because the premium collected on these policies

are remitted to the state or Reinsurance Facility and not retained by GEICO.

*Premiums for voluntary coverages retained by GEICO on North Carolina ceded policies qualify for

The GEICO Giveback. A 15% credit will apply to collision, other than collision, towing and labor,

extended transportation expense coverage, mechanical breakdown insurance, and customizing

equipment and coverage for audio, visual, and data electronic equipment premiums, if carried, on

these policies.

What is a ceded or AIP insurance plan? 

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Review our list of frequently asked questions (/about/coronavirus/payment-assistance/).

Download GEICO Mobile to getthe latestinfo.

The fastest way to get answers for policy questions, COVID-19, and The GEICO Giveback. We're here for

you 24/7.

(https://itunes.apple.com/us/app/id331763096)

(https://play.google.com/store/apps/details?id=com.geico.mobile)

App Store is a trademark of Apple Inc. Android and Google Play are trademarks of Google Inc.

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Home (/) > About GEICO | Corporate Links and Resources (/about/) > COVID-19: GEICO is Here to Help (/about/coronavirus/)

The GEICO Giveback Credit Estimator

GEICO is providing a 15% credit to our GEICO Auto, Motorcycle, and RV policyholders. Existing policyholders

who qualify for the credit can use this tool to determine the date and approximate credit amount you'll

receive.

What is the length of your policy?

Current Policy Effective Date

How much is your total premium?

Still have questions? Refer to our FAQs about The GEICO Giveback (/about/coronavirus/giveback/).

The GEICO Giveback estimator is an educational tool to help you estimate the amount you'll receive as a credit and the date it will be applied

to your next renewal. The information provided is not intended to recommend specic insurance coverage. The amounts displayed in the

estimator are based on the amount entered as your current premium, and could increase or decrease based on your renewal premium

amount. Please also note that this tool does not present every coverage option, tax, or fee for each state and situation.

6 months 12 months

MM/DD/YYYY 

$ 0.00

CALCULATE

(

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EXHIBIT 2

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Sincerely,

William E. Roberts

President

One GEICO Center

Macon, GA 31295-0001

April 28, 2020

 Policy Number: 4494-61-34-92

 GEICO CASUALTY COMPANY

 Dear Briana Cooper, DECREASE...$945.57

 *200001449461349212022004504*

Start of Mailing Address Lines

Ms BRIANA COOPER

970 LUCINDA DR

BUFFALO GROVE IL 60089-1459

COVER_LTR_0_INC (11-18)

Thank you for being part of the GEICO familyZ

You're ready for renewalZ Enclosed in this packet are your policy renewal documents. 

Policy Summary Policy Term: 06-01-20 - 12-01-20

New Premium: $900.66

Prior Premium: $945.57

Your Total Discounts: $166.20 Review your discounts at geico.com

Thanks for Being Paperless

Not only are you reducing the amount of

mail you receive, but you're also

helping the environment.

Use the GEICO Mobile App

45 out of 50 states

accept Digital ID CardsZ

 (Excludes CT, NM, NH, VA, MA & DC)

Stick with GEICO

Saving customers money

for over 75 years.

24/7 Access

Claims and Service accessibility

with 97% customer satisfaction.

It's never been easier to contact GEICOZ Mobile App 1-800-841-3000 geico.com

Case: 1:20-cv-04306 Document #: 18 Filed: 09/03/20 Page 30 of 103 PageID #:200
*200001449461349212022004505*

Renewal Policy Page 3 of 40

Dear Policyholder,

Policy Identification Cards (Insurance ID Cards) have been provided for each insured vehicle.

Any driver covered on your policy can present the attached ID Cards as valid proof of insurance. You do not

need a separate ID Card for each driver. For your convenience, we have listed all Active Drivers on this policy below.

This letter is for informational purposes only and is not official proof of insurance. Please notify us promptly of any

changes in your address to be sure you receive all important policy documents. Prompt notification will enable us to

better serve you. If you need additional ID Cards for a new vehicle, vehicle registration or just another card for your

records, you can log into the GEICO Mobile app or visit geico.com.

IDCOVLTR (08-19)

Need Additional ID Cards?

Visit geico.com Download the GEICO Mobile app

You can Print, Share and Save your ID Cards

Policy Number: 4494-61-34-92

Ms BRIANA COOPER

970 LUCINDA DR

BUFFALO GROVE IL 60089-1459

Briana Cooper

Case: 1:20-cv-04306 Document #: 18 Filed: 09/03/20 Page 31 of 103 PageID #:201
*200021449461349212022004506*

Ms BRIANA COOPER

970 LUCINDA DR

BUFFALO GROVE IL 60089-1459

Important Information

Here are your Policy Identification Cards. Two cards have been

provided for each vehicle insured. Please destroy your old cards

when the new cards become effective.

Due to space limitations on the ID card, only the Named Insured and

the Co-insured are listed. For a full list of drivers covered under this

policy, please reference the Drivers section of your Declarations 

Please notify us promptly of any change in your address to be sure

you receive all important policy documents. Prompt notification will

enable us to service you better.

Your policy is recorded under the name and policy number shown

on the card.

If you would like additional ID cards, you can go online to 

geico.com or call us at 1-800-841-3000.

Page (page 7).

ILLINOIS INSURANCE CARD

GEICO CASUALTY COMPANY One GEICO Center 3 Macon, GA 31295-0001

ILLINOIS INSURANCE CARD

GEICO CASUALTY COMPANY One GEICO Center 3 Macon, GA 31295-0001

COMPANY CODE: 41491

POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE

4494-61-34-92 06-01-20 12-01-20

YEAR MAKE MODEL VEHICLE ID NO.

2015 M BENZ GLA250 WDCTG4GB0FJ082655

INSURED:

BRIANA COOPER

COMPANY CODE: 41491

POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE

4494-61-34-92 06-01-20 12-01-20

YEAR MAKE MODEL VEHICLE ID NO.

2015 M BENZ GLA250 WDCTG4GB0FJ082655

INSURED:

BRIANA COOPER

1-800-841-3000

1-800-841-3000

VOID

VOID

VOID

VOID

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THE INSURANCE POLICY REPRESENTED BY THIS IDENTIFICATION CARD

DOES NOT REPRESENT ANY DRIVER WHO HAS BEEN EXCLUDED FROM THIS

POLICY. EXAMINE POLICY EXCLUSIONS CAREFULLY. THIS FORM DOES NOT CONSTITUTE ANY PART OF YOUR INSURANCE POLICY. What to do at the time of an accident.

3 Do not admit fault.

3 Do not reveal the limits of your liability coverage to anyone.

3 Exchange contact information; get year, make, model, plate

number, insurance carrier and policy number of all involved.

Also, identify witnesses and collect contact information.

3 Contact the police or 911 if applicable.

3 Contact GEICO by calling 1-800-841-3000 or visit

geico.com to report the accident.

Need a tow or roadside assistance? Call 1-800-424-3426 to reach GEICO's Emergency Road Service (ERS). U-4-IL (01-13)

THE INSURANCE POLICY REPRESENTED BY THIS IDENTIFICATION CARD

DOES NOT REPRESENT ANY DRIVER WHO HAS BEEN EXCLUDED FROM

THIS POLICY. EXAMINE POLICY EXCLUSIONS CAREFULLY. THIS FORM

DOES NOT CONSTITUTE ANY PART OF YOUR INSURANCE POLICY. What to do at the time of an accident.

3 Do not admit fault.

3 Do not reveal the limits of your liability coverage to anyone.

3 Exchange contact information; get year, make, model, plate

number, insurance carrier and policy number of all involved.

Also, identify witnesses and collect contact information.

3 Contact the police or 911 if applicable.

3 Contact GEICO by calling 1-800-841-3000 or visit

geico.com to report the accident.

Need a tow or roadside assistance? Call 1-800-424-3426 to reach GEICO's Emergency Road Service (ERS). U-4-IL (01-13)

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Renewal Policy Page 7 of 40

*200001449461349212022004507*

Declarations Page

This is a description of your coverage.

Please retain for your records.

GEICO CASUALTY COMPANY

One GEICO Center

Macon, GA 31295-0001

T-V

Tel: 1-800-841-3000

 

Policy Number: 4494-61-34-92

Coverage Period: 

06-01-20 through 12-01-20

12:01 a.m. local time at the address of the named insured.

 Continued on Back

DEC_PAGE (03-14) (Page 1 of 2) 

Date Issued: April 28, 2020

Ms BRIANA COOPER

970 LUCINDA DR

BUFFALO GROVE IL 60089-1459

Email Address: cooper.briana87@gmail.com

Named Insured Additional Drivers Briana Cooper None

Vehicle VIN Vehicle Location Finance Company/ 

Lienholder 

1 2015 M Benz Gla250 WDCTG4GB0FJ082655 Buffalo Grove IL 60089 Wells Fargo Dealer Svcs

Coverages* Limits and/or Deductibles Vehicle 1

Bodily Injury Liability

 Each Person/Each Occurrence $50,000/$100,000 $190.41

Property Damage Liability $25,000 $193.94

Medical Payments $1,000 $10.83

Uninsured Motorists

 Each Person/Each Occurrence $50,000/$100,000 $17.04

Underinsured Motorist

 Each Person/Each Occurrence $50,000/$100,000 $8.80

Comprehensive $500 Ded $54.53

Collision $500 Ded $366.08

Emergency Road Service Ers Full $12.20

Rental Reimbursement $50 Per Day

$1,500 Max

 $46.83

- Total Six Month Premium $900.66

*Coverage applies where a premium or $0.00 is shown for a vehicle.

If you elect to pay your premium in installments, you may be subject to an additional fee for each installment. The fee

amount will be shown on your billing statements and is subject to change.

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DEC_PAGE (03-14) (Page 2 of 2) Renewal Policy Page 8 of 40

Discounts

The total value of your discounts is $166.20

 Restraint .............................................................................................................................................................$4.64

 Seat Belt ............................................................................................................................................................$0.57

 Anti-Theft ...........................................................................................................................................................$2.87

 Good Driver ....................................................................................................................................................$110.72

 Persistency .......................................................................................................................................................$28.13

 Anti-Lock Brake ................................................................................................................................................$19.27

The following discounts have also been applied

 Driving Experience ......................................................................................................................................Included

 Financial Responsibility ...............................................................................................................................Included

Contract Type: A30IL

Contract Amendments: ALL VEHICLES - A30IL

Unit Endorsements: A431IL (VEH 1); CC1102 (VEH 1); CC115 (VEH 1); UE316I (VEH 1)

Important Policy Information

-We welcome you to our GEICO family in the Auto Voluntary C20 rate program.

-CongratulationsZ You have earned the free Accident Forgiveness benefit. That means we will waive the surcharge

associated with the first at-fault accident caused by an eligible driver on your policy.

-Active Duty, Guard, Reserve or Retired Military: Call 1-800-MILITARY to see if you qualify for the Military Discount.

-Reminder - Physical damage coverage will not cover loss for custom options on an owned automobile, including

equipment, furnishings or finishings including paint, if the existence of those options has not been previously reported to

us. This reminder does NOT apply in VIRGINIA, however, in Virginia coverage is limited for custom furnishings or

equipment on pick-up trucks and vans but you may purchase coverage for this equipment. Please call us at

1-800-841-3000 or visit us at geico.com if you have any questions.

-Claims incurred while an insured vehicle is being used to carry passengers for hire may not be covered by this

contract. Please review the contract for a full list of exclusions and contact us if you plan to use any of your insured

vehicles for this purpose.

-GEICO complies with the Illinois Religious Freedom Protection and Civil Union Act, which recognizes civil union rights.

-A credit or discount has been applied to this policy: Financial Responsibility.

-Confirmation of coverage has been sent to your lienholder and/or additional insured.

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*200001449461349212022004508*

Renewal Policy Page 9 of 40

COMPLAINT DEPARTMENT ADDRESSES FOR ILLINOIS POLICYHOLDERS

If you have a complaint at any time concerning your insurance policy, you may contact us at the address given below.

Or, if you wish to contact the Illinois State Department of Insurance, write to:

M326 (05-18)

Automobile Department:

Regional Vice President

GEICO

One GEICO Center

Macon, GA 31295-0001

Telephone Number: 1-800-841-3000

Motorcycle Department:

Director

GEICO Motorcycle

One GEICO Landing

Virginia Beach, VA 23454

Telephone Number: 1-800-841-3000

PUBLIC SERVICE DIVISION 

Department of Insurance 

320 West Washington Street 

Springfield, IL 62767-0001

Assigned Risk Department:

Regional Vice President

GEICO

PO Box 9015

Woodbury, NY 11797-9015

Telephone Number: 1-800-645-7264

GEICO Umbrella Department:

Manager

GEICO Umbrella Department

One GEICO Boulevard

Fredericksburg, VA 22412

Telephone Number: 1-866-272-5192

GEICO CASUALTY COMPANY

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Renewal Policy Page 10 of 40 

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*200001449461349212022004509*

M482IL (09-17) Renewal Policy Page 11 of 40

IMPORTANT INFORMATION ABOUT YOUR COVERAGES

Now is a good time to consider all the coverage options available to you and decide whether you want to make any

changes to your coverages. You have the right to increase your coverage, decrease your coverage, change your

deductibles, reject certain coverages, or you can add any coverage previously rejected. Please be aware that some

coverages are required by law and cannot be rejected.

Adjusting your coverages could result in either an increase or decrease in your six month premium. You can quickly

adjust your coverages and see the impact on your premium by logging into geico.com or accessing your policy through

the GEICO mobile app. 

 WE OFFER OPTIONAL COMPREHENSIVE AND COLLISION COVERAGE DEDUCTIBLES

Higher deductibles can be an economical way to offset increasing insurance costs. The more you increase your

deductibles, the more you can lower the cost of your insurance. If you avoid having accidents, the lower rates you pay

by carrying higher deductibles can amount to a substantial savings over the years.

GEICO is accessible to you 24 hours a day, 365 days a year to ensure that we are always available to serve you. 

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Renewal Policy Page 12 of 40 

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*200001449461349212022004510*

UE-316I (07-11) Renewal Policy Page 13 of 40

ENDORSEMENT

LOSS PAYABLE CLAUSE

The Policy Number and Effective Date need be completed only when this endorsement is issued subsequent to preparation of the policy. 

Any covered loss under the Physical Damage Coverages of the policy will be paid jointly to the insured and the

Lienholder in the Declarations. We may settle a claim at our option by separate payment to the insured and the

Lienholder. The Lienholder's interest will not be protected:

1. When fraud, misrepresentation, or material omission has knowingly been committed by or at

the direction of any insured; or

2. In any case of conversion, embezzlement, or secretion to the vehicle(s) by or at the direction

of any insured, or any owner of the vehicle(s); or

3. When intentional damage has knowingly been committed to the vehicle(s) by or at the direction of any insured, or any owner of the vehicles(s). This exclusion does not apply to the interest of an innocent co-insured who did

not cooperate in or contribute to the creation of the loss if the loss arose out of a pattern of criminal domestic

violence and the perpetrator of the loss is criminally prosecuted for the act causing the loss.

4. For any loss or damage caused by, or reasonably expected to result from, a criminal act or omission of any 

insured or any owner of the vehicle(s). This applies regardless of whether any insured, or any owner of the

vehicle(s) is actually charged with, or convicted of a crime. For the purpose of this clause, criminal acts or

omissions do not include traffic violations.

The Lienholder has no greater rights under the provisions of the policy than any insured.

The Lienholder must notify us if they become aware of any increased hazard or change of ownership of the vehicle(s) or

they will lose all rights under this policy.

If any insured fails to file with us a Proof of Loss within 91 days after the loss, the Lienholder must do so within the

following 60 days.

Whenever we pay the Lienholder, we shall be subrogated to the Lienholder's rights of recovery to the extent of our

payment to the Lienholder. If the policy is in effect as to the Lienholder but has been canceled as to any insured, the

Lienholder must assign the loan to us to the extent of our payment, if we ask.

We will notify the Lienholder at least 10 days and not less than the notice period required by law before we cancel their

interest in the policy.

This endorsement forms a part of your policy. It is effective at 12:01 A.M. local time at your address on the effective

date shown above.

4494-61-34-92

06-01-20

GEICO CASUALTY COMPANY

Policy Number: 

Effective Date: 

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Renewal Policy Page 14 of 40 

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*200001449461349212022004511*

M56PRI3 (04-19) Page 1 of 2 Renewal Policy Page 15 of 40

Government Employees Insurance Company

GEICO General Insurance Company

GEICO Indemnity Company

GEICO Casualty Company

GEICO Insurance Agency, Inc.

PRIVACY NOTICE

GEICO Respects Your Privacy

Protecting your privacy is very important to us. Policyholders like you have trusted us with their insurance needs since

1936, and we take our obligation to safeguard and secure your personal information very seriously. We want you to

understand how we protect your privacy and when we collect and use your information.

The Information We Collect

Information We Obtain From You

During the quoting, application, or claims handling

processes you may give us Information such as your:

3 name

3 address

3 phone number

3 email address

3 Social Security number

3 driver's license number

3 date of birth

If you gave us your email address, GEICO may use it from

time to time to notify you of such things as new services,

special offers, or to confirm transactions. You can log in

to your account at geico.com, click on "Update Email

Preferences" on the right side of the screen and choose

the level of communication you'd like to receive from us.

If you have not yet enrolled online, you will need to enroll

with geico.com to update your email preferences. 

Information About Your Transactions 

We may collect information about your transactions and

experiences with us and others, such as your payment

history, claims, coverage, and vehicle changes. 

Information From Third Parties

We may receive information about you from consumer

reports, claim reports, and/or credit information where

permitted by law. When you ask for a rate quotation, we

may obtain credit information if permitted by applicable

state law.

Our sales and service representatives do not have access

to the details of your credit information. Other companies

who view your credit report will not see the GEICO

inquiry. It will be visible only to you. Our inquiry will

not affect your credit score or credit rating. If you commit

to purchase a policy with GEICO, we will also confirm

your motor vehicle record and claims history.

As permitted by law, we may also review your motor

vehicle record, claims history, and/or credit information

in connection with any renewal.

The Information We Disclose

Following are some examples of how we may disclose

Information:

When you are involved in a claim, policy

information is provided to adjusters and the

businesses that will repair your vehicle.

We may share information with persons or

organizations that we have determined need the

Information to perform a business, professional, or

insurance function for us. These include businesses

that help us with administrative functions. If the law

in your state permits, we may share Information with

financial institutions with which we have a joint

marketing agreement. All of these entities are

obligated to keep the Information that we provide to

them confidential and to use the Information only for

the purpose for which the Information was provided.

We must exchange Information about you with our

agents, investigators, appraisers, attorneys, and

other persons who are or will become involved in

processing your application and servicing your

policy or any claims you may make.

Information may be provided to organizations

conducting actuarial research or audits. In this case,

you will not be individually identified in any research

report. The organization must agree not to redisclose 

the Information and the Information will be returned 

to us or destroyed when it is no longer needed.

We use this information to process and service your

policy; to settle claims; with your consent; or as directed

by you. We may also disclose it to persons or

organizations as necessary to perform transactions you

request or authorize. Information about our former

customers and about individuals who have obtained

quotes from us is safeguarded to the same extent as

information about our current policyholders.

GEICO Advantage Insurance Company

GEICO Choice Insurance Company

GEICO Secure Insurance Company

Non-public personally identifiable information

("Information") is information that identifies you and is not

available to the general public. The following sections tell

you more about how and when we collect your information. Information about our customers or former customers

will only be disclosed as permitted or required by law.

Information about you that has been collected is

maintained in your policy and/or claims records.

reporting agencies, which provide us with motor vehicle 

Policy No.: 4494-61-34-92

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M56PRI3 (04-19) Page 2 of 2 Renewal Policy Page 16 of 40

We may also share your Information for other permitted

purposes, including: 3 with another insurance company if you are involved

in an accident with their insured

3 with our reinsurers

3

3

3

3

with insurance-support organizations that detect and

prevent fraud

among the GEICO companies listed above and

other subsidiaries of GEICO Corporation to offer

you additional products and services

with consumer reporting agencies as permitted by

law

with medical professionals or institutions in order to

verify coverage or conduct operations or services

audits

with state insurance departments or other

governmental or law enforcement authorities if

required by law or to protect our legal interests or in

cases of suspected fraud or illegal activities

3

3 if ordered by a subpoena, search warrant or other

court order

Confidentiality and Security

We restrict access to your Information to employees who

we have determined need it in order to provide products

or services to you. We train our employees to safeguard

customer information, and we require them to sign

confidentiality and nondisclosure agreements.

Changes to This Privacy Policy

Each of our policyholders receives a copy of our privacy

policy at least once per year if required by law. In

addition, in the event that we make a significant change

to our privacy practices, we will send a revised copy of

our privacy policy to each of our current policyholders.

What to Do if You Have Privacy or Security Concerns

Please write to us at:

Privacy Administration

GEICO

One GEICO Plaza

Washington, DC 20076

or email us at privacypolicy@geico.com.

This Privacy Policy applies to all of the companies listed

at the top of this notice. 

ADDITIONAL LEGAL RIGHTS 

HOW YOU CAN REVIEW RECORDED INFORMATION ABOUT YOU

IF YOU DISAGREE WITH OUR RECORDS

Auto and Umbrella Policy Inquiries GEICO Motorcycle Policy Inquiries 

GEICO GEICO

Underwriting Department

One GEICO Center

Macon, GA 31295-0001

Underwriting Department

1345 Perimeter Pkwy

Virginia Beach, VA 23454

If you have a concern about privacy or security at

GEICO, we want to hear about it by mail or email.

If you have any questions concerning GEICO2s collection or sharing of information pertaining to you, please write us at

the address at the end of this notice. We will need your complete name, address, and all policy numbers under which

you are insured. Please include your preferred telephone number(s) so we can contact you should doing so be

necessary. You may either see and copy your information in person or we will mail you a copy of your information.

We maintain strict physical, electronic and procedural 

safeguards to protect your Information from

unauthorized access by third parties.

Additions to This Privacy Policy

Additional information for policyholders enrolled in our

usage-based insurance program is included in the

agreement provided upon enrollment in the program.

If we do not agree to make the correction, amendment or deletion, we will notify you and tell you our reason(s). You may

then file with us a brief statement setting forth what you believe to be the correct, relevant or fair information and why

you disagree with our decision not to correct, amend or delete the original information. Your statement will become a

permanent part of our file and will be made part of any future disclosure of the original information. In addition, copies

of your statement will be sent to any person or insurance-support organization to whom the original information was

disclosed or from whom it was received.

Upon receiving your request, we will, within 30 business days, reinvestigate the information you think is incorrect. If we

agree with you, we will notify you and make the necessary corrections, amendments or deletions and also notify anyone

you specify who may have received such information within the past two (2) years. We will also notify any organization

that supplied the information to us. Insurance-support organizations to whom we systematically reveal information will

also be informed of the change.

If, after reading the information in your file, you believe it is incorrect, please notify us in writing. Tell us what is

inaccurate and why. You have the right to request that we correct, amend or delete information that you believe is

incorrect.

We are not required to give you access to information collected in evaluating a claim under an insurance policy or when

the possibility of a lawsuit exists. Any information you request that is in coded form will be translated into plain language

and provided in written form. We may charge a reasonable fee to cover our costs incurred in providing a copy of our

recorded personal information to you. 

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ONE GEICO PLAZA

Washington, D. C. 20076-0001

Telephone: 1-800-841-3000

Illinois

Family

Automobile

Insurance

Policy

A30IL (07-18)

GEICO CASUALTY COMPANY

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POLICY INDEX

Page Page

Conditions ....................................................................12

Notice

Two Or More Autos

Assistance And Cooperation Of The Insured

Action Against Us

Insured's Duties In Event Of Loss

Appraisal

Payment Of Loss

No Benefit To

Bailee Subrogation

Assignment

SECTION IV

Uninsured Motorists Coverage

Your Protection For Injuries Caused By Uninsured

And Hit And Run Motorists

Definitions ....................................................................14

Losses We Pay............................................................. 15

Exclusions: When Section IV Does Not Apply ............. 15

Limits Of Liability ......................................................... 15

Other Insurance ........................................................... 16

Arbitration..................................................................... 16

Trust Agreement .......................................................... 17

Conditions ....................................................................17

Notice

Assistance And Cooperation Of The Insured

Action Against Us

Proof Of Claim - Medical

Reports Payment Of Loss

SECTION V

General Conditions

The Following Apply To All Coverages In This Policy

Territory........................................................................ 18

Premium....................................................................... 18

Changes........................................................................18

Assignment .................................................................. 18

Policy Period.................................................................18

Cancellation By The Insured......................................... 18

Cancellation By Us .......................................................18

Cancellation By Us Is Limited. ......................................18

Renewal .......................................................................19

Other Insurance ........................................................... 19

Dividend Provision ....................................................... 19

Declarations..................................................................19

Fraud And Misrepresentation ....................................... 20

Examination Under Oath. .............................................20

Terms Of Policy Conformed To Statutes.......................20

Disposal of Vehicle .......................................................20

Choice of Law............................................................... 20

SECTION VI

Amendments And Endorsements

Special Endorsement

United States Government Employees................... 20

SECTION I

Liability Coverages

Your Protection Against Claims From Others

Definitions.....................................................................3

Losses We Will Pay For You........................................ 4

Additional Payments We Will Make Under The

Liability Coverages. ............................................... 4

Legal Expenses And Court Costs

Bail And Appeal Bonds

First Aid Expenses

Exclusions: When Section I Does Not Apply................ 4

Persons Insured: Who Is Covered ............................... 6

Financial Responsibility Laws ...................................... 6

Out Of State Insurance ................................................ 6

Limits Of Liability ......................................................... 6

Other Insurance ........................................................... 6

Conditions ................................................................... 6

Notice

Two Or More Autos

Assistance And Cooperation Of The Insured Action

Against Us

Subrogation

SECTION II

Automobile Medical Payments Coverage

Protection For You And Your Passengers For Medical

Expenses

Definitions.....................................................................7

Payments We Will Make ............................................. 7

Exclusions: When Section II Does Not Apply .............. 8

Limit Of Liability............................................................ 9

Other Insurance ........................................................... 9

Conditions ....................................................................9

Notice

Two Or More Autos

Action Against Us

Medical Reports - Proof And Payment Of Claims

Subrogation

SECTION III

Physical Damage Coverages

Your Protection For Loss Of Or Damage To Your Car

Definitions.....................................................................9

Losses We Will Pay ..................................................... 10

Comprehensive Coverage...................................... 10

Collision Coverage................................................. 11

Additional Payments We Will Make Under The

Physical Damage Coverages................................. 11

Car Rental If Your Car Is Stolen

Exclusions: When The Physical Damage

Coverages Do Not Apply ....................................... 11

Limit Of Liability............................................................ 12

Other Insurance ........................................................... 12

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Whenever, "he," "his," "him," "himself" appears in this policy, you may read "she," "her," "hers," or "herself."

AGREEMENT

We, the Company named in the declarations attached to this policy, make this agreement with you, the

policyholder. Relying on the information you have furnished and the declarations attached to this policy and

if you pay your premium when due, we will do the following:

SECTION I - LIABILITY COVERAGES

Your Protection Against Claims from Others

Bodily Injury Liability and Property Damage Liability

DEFINITIONS

The words italicized in Section I of this policy are defined below.

1. Auto business means the business of selling, repairing, renting, leasing, brokering, servicing, storing, transporting

or parking of autos.

2. Bodily injury means bodily injury to a person, including resulting sickness, disease or death.

3. Farm auto means a truck type vehicle with a gross vehicle weight of 15,000 pounds or less, not used for

commercial purposes other than farming.

4. Insured means a person or organization described under PERSONS INSURED. 5. Non-owned auto means a private passenger auto, farm auto, utility auto or trailer not owned by or

furnished for the regular use of either you or your relative, other than a temporary substitute auto. You or 

your relative must be using the non-owned auto or trailer within the scope of permission given by its owner.

An auto rented or leased for more than 30 days will be considered as furnished for regular use.

A non-owned auto does not include:

(a) any motor vehicle rented or leased by you or a relative for the purpose of providing ride-sharing services. A

motor vehicle is considered to have been rented or leased for the purpose of providing ride-sharing services,

whether actually used for ride-sharing or not, if the rental or lease agreement specifically allows the motor

vehicle to be used for ride-sharing with a transportation network company; or

(b) any motor vehicle rented or leased by you or a relative which is registered for use for ride-sharing with a 

transportation network company; or

(c) any motor vehicle rented or leased by you or a relative which is approved for use for ride-sharing by a 

transportation network company; or

(d) any motor vehicle rented or leased by you or a relative which displays an interior or exterior marking that

identifies the motor vehicle as a vehicle for hire.

6. Owned auto means:

(a) A vehicle described in this policy for which a premium charge is shown for these coverages;

(b) A trailer owned by you;

(c) A private passenger auto, farm auto or utility auto, ownership of which you acquire during the policy period

or for which you enter into a lease during the policy period for a term of six months or more, if

(i) It replaces an owned auto as defined in (a) above; or

(ii) We insure all private passenger autos, farm autos and utility autos owned or leased by you on the date

of the acquisition, and you ask us to add it to the policy no more than 30 days later;

(d) A temporary substitute auto. 7. Private passenger auto means a four-wheel private passenger, station wagon or jeep-type auto.

8. Relative means a person related to you by blood, marriage, civil union, or adoption who resides in your household.

9. Temporary substitute auto means an automobile or trailer, not owned by you, temporarily used with the

permission of the owner. This vehicle must be used as a substitute for the owned auto or trailer when

withdrawn from normal use because of its breakdown, repair, servicing, loss or destruction.

A temporary substitute auto does not include:

(a) any motor vehicle rented or leased by you or a relative for the purpose of providing ride-sharing services. A

motor vehicle is considered to have been rented or leased for the purpose of providing ride-sharing services,

whether actually used for ride-sharing or not, if the rental or lease agreement specifically allows the motor

vehicle to be used for ride-sharing with a transportation network company; or

(b) any motor vehicle rented or leased by you or a relative which is registered for use for ride-sharing with a 

transportation network company; or

(c) any motor vehicle rented or leased by you or a relative which is approved for use for ride-sharing by a 

transportation network company; or

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(d) any motor vehicle rented or leased by you or a relative which displays an interior or exterior marking that

identifies the motor vehicle as a vehicle for hire.

10. Trailer means a trailer designed to be towed by a private passenger auto, if not being used for business

or commercial purposes with a vehicle other than a private passenger auto, farm auto or utility auto. 11. Utility auto means a vehicle, other than a farm auto, with a gross vehicle weight of 15,000 pounds or less of

the pick-up body, van or panel truck type not used for commercial purposes.

12. War means armed conflict between nations, whether or not declared, civil war, insurrection, rebellion or revolution.

13. You and your mean the Named Insured shown in the Declarations or his or her spouse or party to a civil union, if

a resident of the same household.

14. Personal vehicle sharing program means a business, organization, network or group facilitating the sharing

of private passenger motor vehicles for use by individuals or businesses.

15. Ride-sharing means the use of any vehicle by any insured in connection with a transportation network company from the time an insured logs on to or signs in to any computer or digital application or platform that

connects or matches driver(s) with passenger(s) until the time an insured logs out of or signs off of any such

application or platform, including while en route to pick up passenger(s) and while transporting passenger(s).

16. Transportation network company means a company or organization facilitating and/or providing

transportation services using a computer or digital application or platform to connect or match passengers with

drivers for compensation or a fee.

LOSSES WE WILL PAY FOR YOU UNDER SECTION I

Under Section I, we will pay damages which an insured becomes legally obligated to pay because of:

1. Bodily injury, sustained by a person, or

2. Damage to or destruction of property;

arising out of the ownership, maintenance or use of the owned auto or a non-owned auto. We will defend any

suit for damages payable under the terms of this policy. We may investigate and settle any claim or suit.

ADDITIONAL PAYMENTS WE WILL MAKE UNDER THE LIABILITY COVERAGES

1. All investigative and legal costs incurred by us.

2. All court costs charged to an insured in a covered lawsuit.

3. Interest calculated on that part of a judgment that is within our limit of liability and accruing:

(a) Before judgment, where owed by law, and until we pay, offer to pay, or deposit in court the amount due

under this coverage;

(b) After the judgment, and until we pay, offer to pay, or deposit in court, the amount due under this coverage.

4. Premiums for appeal bonds in a suit we appeal, or premiums for bonds to release attachments; but the face

amount of these bonds may not exceed the applicable limit of our liability.

5. Premiums for bail bonds paid by an insured due to traffic law violations arising out of the use of an owned auto or

non-owned auto, not to exceed $250 per bail bond.

6. We will upon request by an insured, provide reimbursement for the following items:

(a) Costs incurred by any insured for first aid to others at the time of an accident involving an owned auto or

non-owned auto.

(b) Loss of earnings up to $50 a day, but not other income, if we request an insured to attend hearings and trials.

(c) All reasonable costs incurred by an insured at our request.

Your available limits of liability coverage will not be reduced by our payment of any costs listed under this provision.

EXCLUSIONS

When Section I Does Not Apply

Section I does not apply to any claim or suit for damage if one or more of the exclusions listed below applies.

Section I does not apply:

1. To bodily injury to any insured or any family member of an insured residing in the insured's household.

Insured means the person against whom claim is made or suit is brought if that person is an insured as defined in

Section I of the policy.

This exclusion does not apply:

(a) When a third party acquires a right of contribution against a member of the injured person's family; or

(b) When any person not in the insured2s household was driving the vehicle of the insured involved in the accident.

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2. To bodily injury or property damage arising out of the ownership, maintenance, or use of any vehicle:

(a) used to carry persons or property for compensation or a fee, including but not limited to the delivery

of food or any other products; or

(b) while being used for ride-sharing. However, this exclusion does not apply to a vehicle used in an ordinary car pool or where bodily injury or

property damage results from your occupancy of such a non-owned vehicle as other than the operator.

An ordinary car pool is one where:

(i) An insured receives no payment for using a vehicle for a car pool ride; or

(ii) An insured receives only reimbursement for expenses for using a vehicle for a car pool ride, the reimbursement

an insured receives for providing the car pool ride does not exceed the reasonable cost of gas and

depreciation for the distance traveled, and the reimbursement received by an insured is not required to be

reported for income tax purposes.

3. To bodily injury or property damage caused intentionally by or at the direction of an insured. 4. To bodily injury or property damage that is insured under a nuclear liability policy.

5. To bodily injury or property damage arising from the operation of farm machinery.

6. To bodily injury to an employee of an insured arising out of and in the course of employment by an insured. However, bodily injury of a domestic employee of the insured is covered unless benefits are payable or are

required to be provided under a workers' or workmen's compensation law.

7. To bodily injury to a fellow employee of an insured if the fellow employee's bodily injury arises from the use of

an auto while in the course of employment and if workers' compensation or other similar coverage is available. We

will defend you if suit is brought by a fellow employee against you alleging use, ownership or maintenance of an

auto by you. 8. To a non-owned auto while maintained or used by any person while such person is employed or otherwise

engaged in (1) any auto business if the accident arises out of that business; (2) any other business or occupation

of any insured if the accident arises out of that business or occupation except a private passenger auto used by 

you or your chauffeur or domestic servant while engaged in such other business.

9. To property owned, operated, transported or used by an insured. 10. To property rented to or in charge of an insured other than a residence or private garage.

11. To an auto acquired by you during the policy term, if you have purchased other liability insurance for it.

12. To the United States of America or any of its agencies.

13. To any person, including you, if protection is afforded under the provisions of the Federal Tort Claims Act.

14. To any liability assumed under any contract or agreement.

15. To:

(a) bodily injury or property damage caused by an auto driven in or preparing for any prearranged or organized

racing, speed, or demolition contest or stunting activity of any nature; or

(b) the operation or use of a motor vehicle on a track designed primarily for racing or high speed driving. This does

not apply if the vehicle is being used in connection with an activity other than racing, high speed driving or any

competitive driving.

16. For any person or organization while any motor vehicle is operated, maintained or used as part of personal vehicle

sharing facilitated by a personal vehicle sharing program. 17. To any motor vehicle, or series of motor vehicles, leased by you or a relative for less than six months unless the

motor vehicle is described, and premium charge is shown for the vehicle for this coverage, in the declarations of this

policy.

18. To any motor vehicle, or series of motor vehicles, regularly rented by you or a relative on a daily, weekly or

monthly basis unless the vehicle is described, and a premium charge is shown for the motor vehicle for this

coverage, in the declarations of this policy.

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PERSONS INSURED

Who Is Covered

Section I applies to the following as insureds with regard to an owned auto:

1. You and your relatives;

2. Any other person using the auto with your permission. The actual use must be within the scope of that permission;

3. Any other person or organization for his or its liability because of acts or omissions of an insured under 1. or 2.

above.

Section I applies to the following with regard to a non-owned auto:

1. (a) You;

(b) Your relatives when using a private passenger auto, farm auto or utility auto or trailer. Such use by you or your relatives must be with the permission, or reasonably believed to be with the

permission, of the owner and within the scope of that permission;

2. A person or organization, not owning or hiring the auto, regarding his or its liability because of acts or omissions

of an insured under 1. above.

The limits of liability stated in the declarations are our maximum obligations regardless of the number of insureds

involved in the occurrence.

FINANCIAL RESPONSIBILITY LAWS

When this policy is certified as proof of financial responsibility for the future under the provisions of a motor vehicle

financial responsibility law, this liability insurance will comply with the provisions of that law. The insured agrees to

reimburse us for payments made by us which we would not have had to make except for this agreement.

OUT OF STATE INSURANCE

When the policy applies to the operation of a motor vehicle outside of your state, we agree to increase your coverages

to the extent required of out-of-state motorists by local law. This additional coverage will be reduced to the extent that 

you are protected by another insurance policy. No person can be paid more than once for any item of loss.

LIMITS OF LIABILITY

Regardless of the number of autos or trailers to which this policy applies:

1. The limit of bodily injury liability stated in the declarations as applicable to "each person" is the limit of our liability for

all damages resulting from bodily injury sustained by one person in any one accident or occurrence. Included in

this limit, but not as a separate claim or claims, are all the consequential damages sustained by other persons, such

as loss of services, loss of support, loss of consortium, wrongful death, grief, sorrow, and emotional distress.

2. The limit of such liability stated in the declarations as applicable to "each occurrence" is, subject to the above

provision respecting each person, the total limit of our liability for all such damages, including all the consequential

damages sustained by other persons, such as loss of services, loss of support, loss of consortium, wrongful death,

grief, sorrow, and emotional distress, resulting from bodily injury sustained by two or more persons as the result of

one accident or occurrence.

3. The limit of property damage liability stated in the declarations as applicable to "each occurrence" is the total limit

of our liability for all damages because of injury to or destruction of the property of one or more persons or

organizations, including the loss of use of the property as the result of any one occurrence.

OTHER INSURANCE

If there is other applicable primary liability insurance available for the insured, we will pay only our share of the

damages. Our share of the damages is the proportion that our limit of liability bears to the total of all primary liability

insurance available for the insured. Any insurance we provide for a non-owned auto shall be excess over any other applicable liability insurance available

for the insured. If the insured has other applicable excess liability insurance that applies to the non-owned auto, we

will pay only our share of the damages. Our share of the damages is the proportion that our limit of liability bears to the

total of all applicable excess liability insurance available for the insured. CONDITIONS

The following conditions apply to Section I:

1. NOTICE

As soon as possible after an occurrence, written notice must be given us or our authorized agent stating:

(a) The identity of the insured;

(b) The time, place and details of the occurrence;

(c) The names and addresses of the injured, and of any witnesses; and

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(d) The names of the owners and the description and location of any damaged property.

If a claim or suit is brought against an insured, he must promptly send us each demand, notice, summons or other

process received.

2. TWO OR MORE AUTOS

If this policy covers two or more autos, the limit of coverage applies separately to each. An auto and an attached

trailer are considered to be one auto.

3. ASSISTANCE AND COOPERATION OF THE INSURED

The insured will cooperate and assist us, if requested:

(a) In the investigation of the occurrence;

(b) In making settlements;

(c) In the conduct of suits;

(d) In enforcing any right of contribution or indemnity against any legally responsible person or organization

because of bodily injury or property damage;

(e) At trials and hearings;

(f) In securing and giving evidence; and

(g) By obtaining the attendance of witnesses.

Only at his own cost will the insured make a payment, assume any obligation or incur any cost other than for first

aid to others.

4. ACTION AGAINST US

No suit will lie against us:

(a) Unless the insured has fully complied with all the policy2s terms and conditions, and

(b) Until the amount of the insured2s obligation to pay has been finally determined, either:

(i) By a final judgment against the insured after actual trial; or

(ii) By written agreement of the insured, the claimant and us.

A person or organization or the legal representative of either, who secures a judgment or written agreement,

may then sue to recover up to the policy limits.

No person or organization, including the insured, has a right under this policy to make us a defendant in an

action to determine the insured's liability.

Bankruptcy or insolvency of the insured or his estate will not relieve us of our obligations.

5. SUBROGATION

When payment is made under this policy, we will be subrogated to all the insured's rights of recovery against

others. The insured will help us to enforce these rights. The insured will do nothing after loss to prejudice these

rights.

This means we will have the right to sue for or otherwise recover the loss from anyone else who may be held

responsible.

SECTION II - AUTO MEDICAL PAYMENTS

Protection For You And Your Passengers For Medical Expenses

DEFINITIONS

The definitions of terms shown under Section I apply to this Coverage.

In addition, under this Coverage, occupying means in or upon or entering into or alighting from.

PAYMENTS WE WILL MAKE

Under this Coverage, we will pay all reasonable expenses actually incurred by an insured within one year from the

date of accident for necessary medical, surgical, x-ray, dental services, prosthetic devices, ambulance, hospital,

professional nursing and funeral services. The one year limit does not apply to funeral services.

This Coverage applies to:

1. You and each relative who sustains bodily injury caused by accident:

(a) While occupying the owned auto; or

(b) While occupying a non-owned auto if you or your relative reasonably believe you have the owner2s

permission to use the auto and the use is within the scope of that permission; or

(c) When struck as a pedestrian by an auto or trailer. 2. Any other person who sustains bodily injury caused by accident while occupying the owned auto while being

used by you, a resident of your household, or other persons with your permission.

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EXCLUSIONS

When Section II Does Not Apply

1. There is no coverage for bodily injury arising out of the ownership, maintenance, or use of an owned auto or non- owned auto while being used:

(a) to carry persons or property for compensation or a fee, including but not limited to the delivery of food or any

other products; or

(b) for ride-sharing. However, this exclusion will not apply to ordinary car pools. An ordinary car pool is one where:

(i) An insured receives no payment for using a vehicle for a car pool ride; or

(ii) An insured receives only reimbursement for expenses for using a vehicle for a car pool ride, the

reimbursement an insured receives for providing the car pool ride does not exceed the reasonable cost of

gas and depreciation for the distance traveled, and the reimbursement received by an insured is not

required to be reported for income tax purposes.

This exclusion does not apply to you or any relative while a passenger and not operating the vehicle.

2. There is no coverage for an insured while occupying a vehicle located for use as a residence or premises.

3. You and your relatives are not covered for bodily injury sustained while occupying or when struck by:

(a) A farm-type tractor or other equipment designed for use principally off public roads, while not upon public roads;

or

(b) A vehicle operated on rails or crawler-treads.

4. There is no coverage for persons employed in the auto business, if the accident arises out of that business and if

benefits are required to be provided under a workers' compensation law.

5. There is no coverage for bodily injury sustained due to war. 6. The United States of America or any of its agencies are not covered as an insured, a third party beneficiary,

or otherwise.

7. There is no coverage for:

(a) bodily injury caused by an auto driven in or preparing for any prearranged or organized racing, speed, or

demolition contest or stunting activity of any nature; or

(b) the operation or use of a motor vehicle on a track designed primarily for racing or high speed driving. This

does not apply if the vehicle is being used in connection with an activity other than racing, high speed driving

or any competitive driving.

8. There is no coverage for any person or organization while any motor vehicle is operated, maintained or used as

part of personal vehicle sharing facilitated by a personal vehicle sharing program. 9. There is no coverage for bodily injury sustained by any insured while operating, occupying, or when struck as a

pedestrian by any vehicle leased by you or a relative for less than six months unless the vehicle is described, and

a premium charge is shown for the vehicle for this coverage, in the declarations of this policy.

10. There is no coverage for bodily injury sustained by any insured while operating, occupying, or when struck as a

pedestrian by any vehicle regularly rented by you or a relative on a daily, weekly or monthly basis unless the

vehicle is described, and a premium charge is shown for the vehicle for this coverage, in the declarations of this

policy.

11. There is no coverage for bodily injury to any insured arising out of:

(a) any motor vehicle rented or leased by you or a relative for the purpose of providing ride-sharing services. A

motor vehicle is considered to have been rented or leased for the purpose of providing ride-sharing

services, whether actually used for ride-sharing or not, if the rental or lease agreement specifically allows the

motor vehicle to be used for ride-sharing with a transportation network company; or

(b) any motor vehicle rented or leased by you or a relative which is registered for use for ride-sharing with a 

transportation network company; or

(c) any motor vehicle rented or leased by you or a relative which is approved for use for ride-sharing by a 

transportation network company; or

(d) any motor vehicle rented or leased by you or a relative which displays an interior or exterior marking

that identifies the motor vehicle as a vehicle for hire.

This exclusion does not apply if the rented or leased vehicle is described, and a premium charge is shown for the

vehicle for this coverage, in the declarations of this policy.

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LIMIT OF LIABILITY

The limit of liability for medical payments stated in the declarations as applying to "each person" is the limit we will pay

for all costs incurred by or on behalf of each person who sustains bodily injury in one accident. This applies

regardless of the number of persons insured or the number of autos or trailers to which this policy applies.

OTHER INSURANCE

If the insured has other medical payments insurance against a loss covered by Section II of this policy, we will not owe

more than our pro-rata share of the total coverage available.

Any insurance we provide to a person who sustains bodily injury while occupying a vehicle you do not own shall

be excess over any other valid and collectible insurance.

CONDITIONS

The following conditions apply to this Coverage:

1. NOTICE

As soon as possible after an accident, written notice must be given us or our authorized agent stating:

(a) The identity of the insured;

(b) The time, place and details of the accident; and

(c) The names and addresses of the injured, and of any witnesses.

2. TWO OR MORE AUTOS

If this policy covers two or more autos, the limit of coverage applies separately to each. An auto and an attached 

trailer are considered to be one auto.

3. ACTION AGAINST US

Suit will not lie against us unless the insured has fully complied with all the policy terms.

4. MEDICAL REPORTS - PROOF AND PAYMENT OF CLAIMS

As soon as possible, the injured person or his representative will furnish us with written proof of claim, under oath

if required. After each request from us, he will give us written authority to obtain medical reports and copies of

records.

The injured person will submit to an examination by doctors chosen by us and at our expense as we may

reasonably require.

We may pay either the injured person, the doctor or other persons or organizations rendering medical services.

These payments are made without regard to fault or legal liability of the insured. 5. SUBROGATION

When we make a payment under this coverage, we will be subrogated (to the extent of payment made by us) to the

rights of recovery the injured person or anyone receiving the payments may have against any person or

organization. Such person will do whatever is necessary to secure our rights and will do nothing to prejudice them.

This means we will have the right to sue for or otherwise recover the loss from anyone else who may be held

responsible.

SECTION III - PHYSICAL DAMAGE COVERAGES

Your Protection For Loss or Damage To Your Car

DEFINITIONS

The definitions of the terms auto business, farm auto, personal vehicle sharing program, private passenger

auto, relative, ride-sharing, temporary substitute auto, transportation network company, utility auto, you, your and war under Section I apply to Section III also. Under this Section, the following special definitions apply:

1. Actual cash value is the replacement cost of the auto or property less depreciation or betterment. 2. Betterment is improvement of the auto or property to a value greater than its pre-loss condition.

3. Collision means loss caused by upset of the covered auto or its collision with another object, including an attached

vehicle.

4. Custom parts or equipment means paint, equipment, devices, accessories, enhancements, and changes,

other than those which are original manufacturer installed, which:

(a) Are permanently installed or attached; or

(b) Alter the appearance or performance of a vehicle;

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This includes any electronic equipment, antennas, and other devices used exclusively to send or receive audio,

visual, or data signals, or to play back recorded media, other than those which are original manufacturer

installed, that are permanently installed in the owned auto or a newly acquired vehicle using bolts or brackets,

including slide-out brackets.

5. Depreciation means a decrease or loss in value to the auto or property because of use, disuse, physical wear and

tear, age, outdatedness or other causes.

6. Insured means:

(a) Regarding the owned auto:

(i) You and your relatives;

(ii) A person or organization maintaining, using or having custody of the auto with your permission, if his use is

within the scope of that permission.

(b) Regarding a non-owned auto; you and your relatives, using the auto, if the actual operation or use is with the

permission or reasonably believed to be with the permission of the owner and within the scope of that

permission.

7. Loss means direct and accidental loss of or damage to:

(a) The auto, including its equipment; or

(b) Other insured property.

8. Non-owned auto means a private passenger auto, farm auto or utility auto or trailer not owned by or furnished

for the regular use of either you or your relatives, except a temporary substitute auto. You or your relative

must be using the auto or trailer within the scope of permission given by its owner. A motor vehicle rented or

leased for more than 30 days will be considered as furnished for regular use.

A non-owned auto does not include:

(a) any motor vehicle rented or leased by you or a relative for the purpose of providing ride-sharing services. A

motor vehicle is considered to have been rented or leased for the purpose of providing ride-sharing services,

whether actually used for ride-sharing or not, if the rental or lease agreement specifically allows the motor

vehicle to be used for ride-sharing with a transportation network company; or

(b) any motor vehicle rented or leased by you or a relative which is registered for use for ride-sharing with a 

transportation network company; or

(c) any motor vehicle rented or leased by you or a relative which is approved for use for ride-sharing by a 

transportation network company; or

(d) any motor vehicle rented or leased by you or a relative which displays an interior or exterior marking that

identifies the motor vehicle as a vehicle for hire.

9. Owned auto means:

(a) Any vehicle described in this policy for which a specific premium charge indicates there is coverage;

(b) A private passenger auto, farm auto or utility auto or a trailer, ownership of which is acquired by you during

the policy period or for which you enter into a lease during the policy period for a term of six months or more; if

(i) It replaces an owned auto as described in (a) above, or

(ii) We insure all private passenger autos, farm autos, utility autos and trailers owned or leased by you on

the date of such acquisition and you request us to add it to the policy within 30 days afterward;

(c) A temporary substitute auto. 10. Trailer means a trailer designed to be towed by a private passenger auto and not used as a home, residence,

office, store, display or passenger trailer. Trailer does not mean a trailer with built-in sleeping facilities designed for

recreational or camping use.

LOSSES WE WILL PAY FOR YOU

Comprehensive (Excluding Collision)

1. We will pay for each loss, less the applicable deductible, caused other than by collision, to the owned auto

or non-owned auto. This includes breakage of glass and loss caused by:

(a) Missiles;

(b) Falling objects;

(c) Fire;

(d) Lightning;

(e) Colliding with a bird or animal;

(f) Windstorm;

(g) Hail;

(h) Water;

(i) Theft;

(j) Larceny;

(k) Explosion;

(l) Earthquake;

(m) Flood;

(n) Malicious mischief;

(o) Vandalism;

(p) Riot; or

(q) Civil commotion

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At the option of the insured, breakage of glass caused by collision may be paid under the Collision Coverage, if

included in the policy.

2. We will pay, up to $200 per occurrence, less any deductible shown in the declarations, for loss to personal

effects due to:

(a) Fire;

(b) Lightning;

(c) Flood;

(d) Theft of the entire automobile;

(e) Falling objects;

(f) Earthquake; or

(g) Explosion.

The property must be owned by you or a relative, and must be in or upon an owned auto. 3. Losses arising out of a single occurrence shall be subject to no more than one deductible.

Collision

1. We will pay for collision loss to the owned auto or non-owned auto for the amount of each loss less the

applicable deductible.

2. We will pay up to $200 per occurrence, less the applicable deductible, for loss to personal effects due to a

collision. The property must be owned by you or a relative, and must be in or upon an owned auto. 3. Losses arising out of a single occurrence shall be subject to no more than one deductible.

ADDITIONAL PAYMENTS WE WILL MAKE UNDER THE PHYSICAL DAMAGE COVERAGES

1. We will reimburse the insured for transportation expenses incurred during the period beginning 48 hours after a

theft of the entire auto covered by Comprehensive Coverage under this policy has been reported to us and the

police. Reimbursement ends when the auto is returned to use or we pay for the loss. Reimbursement will not exceed $25 per day nor more than $750 per loss. 2. We will pay general average and salvage charges for which the insured becomes legally liable when the auto

is being transported.

3. We will pay for the replacement of a child passenger restraint system when the restraint system is in the insured

auto at the time loss. EXCLUSIONS

When The Physical Damage Coverages Do Not Apply

1. There is no coverage for any vehicle:

(a) used to carry persons or property for compensation or a fee, including but not limited to the delivery of food or

any other products or

(b) while being used for ride-sharing. However, a vehicle used in an ordinary car pool is covered. An ordinary car pool is one where:

(i) An insured receives no payment for using a vehicle for a car pool ride; or

(ii) An insured receives only reimbursement for expenses for using a vehicle for a car pool ride, the

reimbursement an insured receives for providing the car pool ride does not exceed the reasonable cost of

gas and depreciation for the distance traveled, and the reimbursement received by an insured is not

required to be reported for income tax purposes.

2. Loss due to war is not covered.

3. We do not cover loss to a non-owned auto when used by the insured in the auto business. 4. There is no coverage for loss caused by and limited to wear and tear, freezing, mechanical or electrical breakdown

or failure, unless that damage results from a covered theft.

5. Tires, when they alone are damaged by collision, are not covered.

6. Loss due to radioactivity is not covered.

7. Loss to any tape, wire, record disc or other medium for use with a device designed for the recording and/or

reproduction of sound is not covered.

8. We do not cover loss to any radar or laser detector.

9. We do not cover trailers when used for business or commercial purposes with vehicles other than

private passenger autos, farm autos or utility autos. 10. We do not cover loss for custom parts or equipment, in excess of $1,000, unless the existence of those custom parts or equipment has been previously reported to us and an endorsement to the policy has been added.

11. There is no coverage for any liability assumed under any contract or agreement.

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12. There is no coverage for any loss or damage resulting from:

(a) The acquisition of a stolen vehicle;

(b) Any governmental, legal or other action to return a vehicle to its legal, equitable, or beneficial owner, or

anyone claiming an ownership interest in the vehicle; or

(c) Any confiscation, seizure or impoundment of a vehicle by governmental authorities.

(d) The sale of an owned auto. 13. There is no coverage for the destruction, impoundment, confiscation or seizure of a vehicle by governmental or

civil authorities due to its use by you, a relative or a permissive user of the vehicle in illegal activity.

14. There is no coverage for any loss caused by:

(a) an auto driven in or preparing for any prearranged or organized racing, speed or demolition contest or

stunting activity of any nature; or

(b) the operation or use of a motor vehicle on a track designed primarily for racing or high speed driving. This

does not apply if the vehicle is being used in connection with an activity other than racing, high speed driving

or any competitive driving.

15. There is no coverage for any person or organization while any motor vehicle is operated, maintained or used as

part of personal vehicle sharing facilitated by a personal vehicle sharing program. 16. We do not cover any vehicle, or series of vehicles, leased by you or a relative for less than six months unless

the vehicle is described, and a premium charge is shown for the vehicle for this coverage, in the declarations of

this policy.

17. We do not cover any vehicle, or series of vehicles, regularly rented by you or a relative on a daily, weekly or

monthly basis unless the vehicle is described, and premium charge is shown for the vehicle for this coverage, in

the declarations of this policy.

LIMIT OF LIABILITY

The limit of our liability for loss:

1. Is the actual cash value of the property at the time of the loss;

2. Will not exceed the prevailing competitive price to repair or replace the property at the time of loss, or any of

its parts, including parts from non-original equipment manufacturers, with other of like kind and quality and will

not include compensation for any diminution of value claimed to result from the loss. Although you have the

right to choose any repair facility or location, the limit of liability for repair or replacement of such property is the

prevailing competitive price, which is the price we can secure from a competent and conveniently located

repair facility. At your request, we will identify a repair facility that will perform the repairs at the prevailing

competitive price;

3. To personal effects arising out of one occurrence is $200;

4. To a trailer not owned by you is $500;

5. For custom parts or equipment is limited to the actual cash value of the custom parts or equipment, not

to exceed the actual cash value of the vehicle. However, the most we will pay for loss to custom parts or

equipment is $1,000, unless the existence of those custom parts or equipment has been previously

reported to us and an endorsement to the policy has been added.

Actual cash value of property will be determined at the time of the loss and will include an adjustment for

depreciation/betterment and for the physical condition of the property.

OTHER INSURANCE

If the insured has other insurance against a loss covered by Section III, we will not owe more than our pro-rata share of

the total coverage available.

Any insurance we provide for a vehicle you do not own shall be excess over any other valid and collectible insurance.

CONDITIONS

The following conditions apply only to the Physical Damage Coverages:

1. NOTICE

As soon as possible after a loss, written notice must be given us or our authorized agent stating:

(a) The identity of the insured;

(b) A description of the auto or trailer;

(c) The time, place and details of the loss; and

(d) The names and addresses of any witnesses.

In case of theft, the insured must promptly notify the police.

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In the case of theft of the entire auto, the insured must promptly notify the police that the vehicle was stolen. To be

eligible as a covered loss, the police report must acknowledge and classify the report as theft of a motor vehicle.

The insured must cooperate fully with the policy investigation, with the prosecution of any person(s) charged with

theft, and with any civil suit brought by us against the person(s) responsible to recover for the loss. 2. TWO OR MORE AUTOS

If this policy covers two or more autos or trailers, the limit of coverage and any deductibles apply separately to

each.

3. ASSISTANCE AND COOPERATION OF THE INSURED

The insured will cooperate and assist us, if requested:

(a) In the investigation of the loss;

(b) In making settlements;

(c) In the conduct of suits;

(d) In enforcing any right of subrogation against any legally responsible person or organization;

(e) At trials and hearings;

(f) In securing and giving evidence; and

(g) By obtaining the attendance of witnesses.

4. ACTION AGAINST US

Suit will not lie against us unless the policy terms have been complied with and until 30 days after proof of loss is

filed and the amount of loss is determined.

If we retain salvage, we have no duty to preserve or otherwise retain the salvage for any purpose, including as

evidence for any civil or criminal proceeding. If you ask us immediately after a loss to preserve the salvage for

inspection, we will do so for a period not to exceed 30 days.

5. INSURED2S DUTIES IN EVENT OF LOSS

In the event of loss the insured will:

(a) Protect the auto, whether or not the loss is covered by this policy. Further loss due to the insured2s failure

to protect the auto will not be covered. Reasonable expenses incurred for this protection will be paid by us.

(b) File with us, within 91 days after loss, his sworn proof of loss including all information we may reasonably

require.

(c) At our request, the insured will exhibit the damaged property.

6. APPRAISAL

If we and the insured do not agree on the amount of loss, either may, within 60 days after proof of loss is filed,

demand an appraisal of the loss. In that event, we and the insured will each select a competent appraiser. The

appraisers will select a competent and disinterested umpire. The appraisers will state separately the actual cash value and the amount of the loss. If they fail to agree, they will submit the dispute to the umpire. An award in

writing of any two will determine the amount of loss. We and the insured will each pay his chosen appraiser and

will bear equally the other expenses of the appraisal and umpire.

We will not waive our rights by any of our acts relating to appraisal.

7. PAYMENT OF LOSS

We may at our option:

(a) Pay for the loss; or

(b) Repair or replace the damaged or stolen property.

At any time before the loss is paid or the property replaced, we may return any stolen property to you or to the

address shown in the declarations at our expense with payment for covered damage. We may take all or part of the

property at the agreed or appraised value, but there will be no abandonment to us. We may settle claims for loss

either with the insured or the owner of the property.

8. NO BENEFIT TO BAILEE

This insurance does not apply directly or indirectly to the benefit of a carrier or other bailee for hire liable for the loss

of the auto.

9. SUBROGATION

When payment is made under this policy, we will be subrogated to all the insured's rights of recovery against

others. The insured will help us to enforce these rights. The insured will do nothing after loss to prejudice these

rights. This means we will have the right to sue for or otherwise recover the loss from anyone else who may be held

responsible.

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10. ASSIGNMENT

With respect to Section III, Physical Damage Coverages, an Assignment of interest under this policy will not bind

us without our consent. Any nonconforming assignment shall be void and invalid. Moreover, the assignee of a

nonconforming assignment shall acquire no rights under this contract and we shall not recognize any such

assignment.

SECTION IV - UNINSURED MOTORIST COVERAGE

Protection For You and Your Passengers For Injuries Caused By Uninsured And Hit-And-Run Motorists

DEFINITIONS

The definitions of terms for Section I apply to Section IV, except for the following special definitions:

1. Hit-and-run motor vehicle is a motor vehicle causing bodily injury to an insured through physical contact with

him or with a motor vehicle he is occupying at the time of the accident and whose operator or owner cannot be

identified, provided the insured or someone on his behalf:

(a) Reports the accident within 24 hours to a police, peace or judicial officer or to the Commissioner of Motor

Vehicles;

(b) Files with us within 30 days a statement setting forth the facts of the accident and claiming that he has a cause

of action for damages against an unidentified person; and

(c) Makes available for inspection, at our request, the auto occupied by the insured at the time of the accident.

2. Insured means:

(a) The Named Insured shown on the Declarations and his or her spouse or party to a civil union, if a resident of the

same household;

(b) Relatives of (a) above if residents of his household;

(c) Any other person while occupying an owned auto;

(d) Any person who is entitled to recover damages because of bodily injury sustained by an insured under (a),

(b), and (c) above.

If there is more than one insured, our limit of liability will not be increased.

3. Insured auto is an auto:

(a) Described in the declarations and covered by the bodily injury liability coverage of this policy;

(b) Temporarily substituted for an insured auto when withdrawn from normal use because of its breakdown, repair,

servicing, loss or destruction; or

(c) Operated by you or your spouse or party to a civil union, if a resident of the same household.

But the term insured auto does not include:

(i) An auto used to carry passengers or goods for hire, except in a car pool;

(ii) An auto being used without the owner2s permission; or

(iii) Under subparagraphs (b) and (c) above, an auto owned by or furnished for the regular use of an insured. 4. Occupying means in, upon, entering into or alighting from.

5. State includes the District of Columbia, the territories and possessions of the United States, and the Provinces of

Canada.

6. Uninsured motor vehicle is a motor vehicle which has no bodily injury liability bond or insurance policy applicable

with liability limits complying with the financial responsibility law of the state in which the insured auto is principally

garaged at the time of an accident. This term also includes an auto whose insurer is or becomes insolvent or denies

coverage.

The term uninsured motor vehicle does not include:

(a) An insured auto;

(b) An auto owned or operated by a self-insurer within the meaning of any motor vehicle financial responsibility law,

motor carrier law or any similar law;

(c) An auto owned by the United States of America, any other national government, a state, or a political subdivision of any such government or its agencies;

(d) A land motor vehicle or trailer operated on rails or crawler-treads or located for use as a residence or

premises; or

(e) Any vehicle, equipment, all terrain vehicle, off road vehicle, or farm type tractor or equipment

designed mainly for use off public roads while not upon public roads

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LOSSES WE PAY

Under the Uninsured Motorists Coverage we will pay damages for bodily injury to the insured and sustained by

the insured caused by an accident which the insured is legally entitled to recover from the owner or operator of an 

uninsured motor vehicle or hit-and-run motor vehicle arising out of the ownership, maintenance or use of that 

uninsured motor vehicle or hit-and-run motor vehicle. The amount of the insured's recovery for these damages will be determined by agreement between the insured or

his representative and us. The dispute may be arbitrated if an agreement cannot be reached.

EXCLUSIONS

When Section IV Does Not Apply

1. This Coverage does not apply to bodily injury to an insured if the insured or his legal representative has made

a settlement or has been awarded a judgment of his claim without our prior written consent.

2. Bodily injury to an insured while occupying or through being struck by an uninsured motor vehicle owned by

an insured or a relative is not covered.

3. The Uninsured Motorists Coverage will not benefit any workers' compensation insurer, self-insurer, or disability

benefits insurer.

4. We do not cover the United States of America or any of its agencies as an insured, a third party beneficiary or

otherwise.

5. We do not cover any person while occupying a vehicle described in the declarations on which Uninsured

Motorists Coverage is not carried.

6. Regardless of any other provision of this policy, there is no coverage for punitive or exemplary damages under

the uninsured or underinsured motorist coverage of this policy.

7. This coverage does not apply to any liability assumed under any contract or agreement.

8. This coverage does not apply to damage caused by an insured2s:

(a) participation in or preparation for any prearranged or organized racing, speed or demolition contest or stunting

activity of any nature; or

(b) operation or use of a motor vehicle on a track designed primarily for racing or high speed driving. This does not

apply if the vehicle is being used in connection with an activity other than racing, high speed driving or any

competitive driving.

9. There is no coverage under this Section for any person or organization while any motor vehicle is operated,

maintained or used as part of personal vehicle sharing facilitated by a personal vehicle sharing program. 10. There is no coverage for bodily injury or property damage under this Section for any person or organization while

an owned auto or non-owned auto:

(a) is being used to carry persons or property for compensation or a fee, including but not limited to the delivery of

food or any other products; or

(b) is being used for ride-sharing. However, a vehicle used in an ordinary car pool is covered. An ordinary car pool is one where:

(i) An insured receives no payment for using a vehicle for a car pool ride; or

(ii) An insured receives only reimbursement for expenses for using a vehicle for a car pool ride, the reimbursement

an insured receives for providing the car pool ride does not exceed the reasonable cost of gas and depreciation

for the distance traveled, and the reimbursement received by an insured is not required to be reported for

income tax purposes.

This exclusion does not apply to you or any relative while a passenger and not operating the motor vehicle.

LIMITS OF LIABILITY

Regardless of the number of autos or trailers to which this policy applies:

1. The limit of liability for Uninsured Motorists Coverage stated in the declarations for "each person" is the limit of our

liability for all damages resulting from bodily injury sustained by one person in any one accident or occurrence.

Included in this limit, but not as a separate claim or claims, are all consequential damages sustained by other

persons, such as loss of services, loss of support, loss of consortium, wrongful death, grief, sorrow, and emotional

distress.

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2. The limit of liability stated in the declarations as applicable to "each accident" is, subject to the above provision

respecting each person, the total limit of our liability for all such damages, including all the consequential damages

sustained by other persons, such as loss of services, loss of support, loss of consortium, wrongful death, grief,

sorrow and emotional distress, resulting from bodily injury sustained by two or more persons as the result of one

accident or occurrence.

3. When coverage is afforded to two or more autos, the limits of liability shall apply separately to each auto as stated

in the declarations but shall not exceed the highest limit of liability applicable to one auto.

If separate policies with us are in effect for you or any person in your household, they may not be combined

to increase the limit of our liability for a loss.

The amount payable under this Coverage will be reduced by all amounts:

(a) Paid by or for all persons or organizations liable for the injury;

(b) Paid or payable under the Bodily Injury Coverage or Medical Payments Coverage of this policy; or

(c) Paid or payable under any workers' compensation law, disability benefits law or any similar law.

OTHER INSURANCE

Coverage under Section IV may not be stacked, aggregated, or combined with other uninsured motorist coverage or

underinsured motorists coverage.

If there is other applicable uninsured motorist coverage or underinsured motorists coverage, the maximum an insured

may recover under all applicable uninsured motorist coverages or underinsured motorists coverages is the highest

applicable limit of liability for one (1) vehicle under one (1) of the available policies, even though separate premiums may

have been paid for each policy or vehicle. If there is other applicable uninsured motorist coverage or underinsured

motorists coverage, subject to the LIMITS OF LIABILITY under Section IV, we will pay only our share of the damages.

Our share is the proportion that our limit of liability bears to the total of all available uninsured motorist coverage or

underinsured motorists coverage limits.

However, any uninsured motorist coverage or underinsured motorists coverage we provide for bodily injury to you

or a relative when not occupying an owned auto, subject to the LIMITS OF LIABILITY under Section IV, shall be

excess over any other uninsured motorist coverage or underinsured motorists coverage and our coverage applies

only in the amount by which it exceeds such other uninsured motorist coverage or underinsured motorists coverage.

If more than one uninsured motorist or underinsured motorists policy applies as excess, then:

(1) the amount payable under this policy shall not exceed the difference between the uninsured motorist

coverage or underinsured motorists coverage limit of the policy that applies as primary and the highest

applicable uninsured motorist coverage or underinsured motorists coverage limit of any one of the uninsured

motorist coverages or underinsured motorists coverages that applies as excess to the primary uninsured

motorist or underinsured motorists coverage; and

(2) we are then liable, subject to the LIMITS OF LIABILITY under Section IV, only for our share which is the

proportion that our limit of liability bears to the total of all available uninsured motorist coverage or

underinsured motorists coverage limits that applies as excess to the primary uninsured motorist or

underinsured motorists coverage.

We will not pay for any damages which would duplicate any payment made for damages under other insurance.

ARBITRATION

Except as set forth in the last sentence of this paragraph, any dispute arising between any insured and us regarding:

(a) The extent to which the insured is legally entitled to recover against an owner or operator of an uninsured motor vehicle (i.e., issues of liability); or

(b) The amount of damages sustained by the insured may be arbitrated at the request of the insured. Binding

arbitration will not be used to resolve disputes regarding policy interpretation, the existence of this Coverage in a

particular policy, or the application of this Coverage to a particular claim or claimant.

Upon written demand from the insured for arbitration, each part will select an arbitrator and the two arbitrators so

named will select a third arbitrator. If such arbitrators are not selected within 45 days of such request, either party may

request that the matter be submitted for arbitration to the American Arbitration Association. Judgment upon the award

rendered by the arbitrators may be entered in any court having jurisdiction thereof. Unless both parties agree otherwise,

arbitration will take place in the county and state in which the insured lives. Local rules of law as to procedure and

evidence will apply.

Any decision made by arbitrators shall be binding for the amount of damages not exceeding $75,000 for bodily injury

to or death of any one person, $150,000 for bodily injury to or death of 2 or more persons in any one motor vehicle

accident, or the corresponding policy limits for bodily injury or death, whichever is less.

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When an award exceeds $75,000 for bodily injury to or death of any one person, or $150,000 for bodily injury to

or death of 2 or more persons in any one motor vehicle accident, or the corresponding policy limits for bodily injury

or death, whichever is less, either party shall have the right to a trial on all the issues in a court of competent

jurisdiction. This right must be exercised within 60 days of the award. Where such right is exercised by either party,

the judgment of the arbitrators shall not be binding on either party.

We will be obligated to pay no more than the applicable policy limits for this coverage regardless of whether an

arbitration results in an award in excess of the applicable policy limits for this coverage as defined in this policy.

We will pay all arbitration expenses except where recovery by the claimant exceeds the minimum Illinois Safety

Responsibility Law limits. If recovery exceeds the minimum limit, the person making claim shall pay his expenses and an

equal share of the expenses of the third arbitrator to the extent that recovery exceeds the minimum limit under the law. 

TRUST AGREEMENT

When we make a payment under this Coverage:

1. We will be entitled to repayment of that amount out of any settlement or judgment the insured recovers from any

person or organization legally responsible for the bodily injury. 2. The insured will hold in trust for our benefit all rights of recovery which he may have against any person or

organization responsible for these damages. He will do whatever is necessary to secure all rights of recovery and

will do nothing after the loss to prejudice these rights.

3. At our written request, the insured, in his own name, will take, through a designated representative, appropriate

actions necessary to recover payment for damages from the legally responsible person or organization. The

insured will pay us out of the recovery for our expenses, costs and attorneys' fees.

4. The insured will execute and furnish us with any needed documents to secure his and our rights and obligations.

CONDITIONS

The following conditions apply only to the Uninsured Motorists Coverage:

1. NOTICE

As soon as possible after an accident, notice must be given us or our authorized agent stating:

(a) The identity of the insured;

(b) The time, place and details of the accident; and

(c) The names and addresses of the injured, and of any witnesses.

If the insured or his or her legal representative files suit before we make a settlement under this Coverage, he must

immediately provide us with a copy of the pleadings.

2. ASSISTANCE AND COOPERATION OF THE INSURED

After we receive notice of a claim, we may require the insured to take any action necessary to preserve his

recovery rights against any allegedly legally responsible person or organization. We may require the insured to

make that person or organization a defendant in any action against us.

3. ACTION AGAINST US

No suit, action, or arbitration proceedings for recovery of any claim may be brought against us until the insured

has fully complied with all the terms of this policy. The insured must file proof of loss with the Company within 1

year from the date of loss. Further, any suit, action, or arbitration will be barred unless commenced within two years

after the date the claim was denied in whole or in part. Arbitration proceedings will not commence until we receive 

your written demand for arbitration.

4. PROOF OF CLAIM-MEDICAL REPORTS

As soon as possible, the insured or other person making claim must give us written proof of claim, under oath if

required. This will include details of the nature and extent of injuries, treatment, and other facts which may affect the

amount payable.

Proof of claim must be made on forms furnished by us unless we have not furnished these forms within 15 days after

receiving notice of claim.

The injured person will submit to examination by doctors chosen by us, at our expense, as we may reasonably

require. In the event of the insured's incapacity or death, his legal representative must, at our request, authorize us

to obtain medical reports and copies of records.

5. PAYMENT OF LOSS

Any amount due is payable:

(a) To the insured or his authorized representative;

(b) If the insured is a minor, to his parent or guardian; or

(c) If the insured is deceased, to his surviving spouse or party to a civil union, if a resident of the same household;

otherwise

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A30IL (07-18) Page 18 of 20 Renewal Policy Page 34 of 40

(d) To a person authorized by law to receive the payment; or to a person legally entitled to recover payment for the

damages.

We may at our option, pay an amount due in accordance with (d) above.

SECTION V-GENERAL CONDITIONS

These conditions apply to all Coverages in this policy.

1. TERRITORY

This policy applies only to accidents, occurrences or losses during the policy period within the United States of

America, its territories or possessions, or Canada or when the auto is being transported between ports thereof.

2. PREMIUM

When you dispose of, acquire ownership of, or replace a private passenger auto, farm auto or utility auto, any

necessary premium adjustment will be made as of the date of the change and in accordance with our manuals.

3. CHANGES

The terms and provisions of this policy cannot be waived or changed, except by an endorsement issued to form a

part of this policy.

We may revise this policy during its term to provide more coverage without an increase in premium. If we do so,

your policy will automatically include the broader coverage when effective in your state. The premium for each auto is based on the information we have in your file. You agree:

(a) That we may adjust your policy premiums during the policy term if any of this information on which the premiums

are based is incorrect, incomplete or changed.

(b) That you will cooperate with us in determining if this information is correct and complete.

(c) That you will notify us of any changes in this information.

(d) That we may adjust your policy premium during the policy term or at renewal if any person who is an insured

becomes an additional driver during the policy term or at renewal.

Any calculation or recalculation of your premium or changes in your coverage will be based on the rules, rates and

forms on file, if required, for our use in your state.

4. ASSIGNMENT

Assignment of interest under this policy will not bind us without our written consent. If you die, this policy will cover:

(a) Your surviving spouse or party to a civil union, if a resident of the same household;

(b) The executor or administrator of your estate, but only while operating an owned auto and while acting within the

scope of his duties;

(c) Any person having proper temporary custody of and operating the owned auto, as an insured, until the

appointment and qualification of the executor or administrator of your estate; and

(d) Under the Medical Payments Coverage, a person who was a relative at the time of your death.

5. POLICY PERIOD

Unless otherwise cancelled, this policy will expire as shown in the declarations. But, it may be continued by our

offer to renew and your acceptance by payment of the required renewal premium prior to the expiration date.

Each period will begin and expire as stated in the declarations.

6. CANCELLATION BY THE INSURED

You may cancel this policy by providing notice to us stating when, after the notice, cancellation will be effective.

If this policy is cancelled, you may be entitled to a premium refund. The premium refund, if any, will be pro-rated.

7. CANCELLATION BY US

We may cancel this policy by mailing to you, at the last mailing address known to the company, written notice

stating when the cancellation will be effective.

We will mail this notice:

(a) 10 days in advance if the proposed cancellation is for non-payment of premium or any of its installments when

due;

(b) 30 days in advance in all other cases.

The mailing of the above notice will be sufficient proof of notice. The policy will cease to be in effect as of the date

and hour stated in the notice.

If this policy is cancelled, you may be entitled to a premium refund. The premium refund, if any, will be pro-rated.

Payment or tender of unearned premium is not a condition of cancellation.

Policy Number: 4494-61-34-92

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8. CANCELLATION BY US IS LIMITED

After this policy has been in effect for 60 days or, if the policy is a renewal policy, we will not cancel except for any of

the following reasons:

(a) You do not pay the initial premium on other than a renewal policy or any additional premiums for this policy or

fail to pay any premium installment when due to us or our agent.

(b) You obtained the policy through material misrepresentation.

(c) Any insured violated any of the terms and conditions of the policy.

(d) You failed to disclose fully in your application your motor vehicle accidents and moving traffic violations for the

preceding 36 months.

(e) Any insured made a false or fraudulent claim or knowingly aided or abetted another in presenting such a claim.

(f) Any insured or customary operator:

(i) Has within the 12 months prior to the notice of cancellation, had his driver2s license under suspension or

revocation;

(ii) Is or becomes subject to epilepsy or heart attacks and cannot produce a certificate from a physician

testifying to his unqualified ability to operate a motor vehicle.

(iii) Has an accident record, conviction record (criminal or traffic), physical, mental or other condition which is

such that his operation of an auto might endanger the public safety.

(g) Any insured or customary operator, within 36 months prior to the notice of cancellation or non-renewal, has

been addicted to the use of narcotics or drugs.

(h) Any insured or customary operator has been convicted or forfeited bail during the 36 months immediately

preceding the notice of cancellation for:

(i) Any felony;

(ii) Criminal negligence in death, homicide or assault arising out of the operation of a motor vehicle;

(iii) Operating a motor vehicle while in an intoxicated condition;

(iv) Operating a motor vehicle while under the influence of drugs;

(v) Leaving the scene of an accident without stopping to report;

(vi) Theft or an unlawful taking of an auto; or (vii) making false statements in an application for a driver's license.

(i) Any insured or customary operator has been convicted of or forfeited bail for 3 or more violations within the 12

months immediately preceding the notice of cancellation, of any law, ordinance or regulation limiting the speed of

motor vehicles, of any of the provisions of motor vehicle laws of any state, violation of which is a misdemeanor,

whether or not the violations were the repetitions of the same offense or different offenses.

(j) The insured auto is mechanically defective to the extent that its operation might endanger public safety.

(k) The insured auto is used in carrying passengers for hire or compensation. However, the use of any auto for a

car pool shall not be considered use of an auto for hire or compensation.

(l) The insured auto is used in the business of transporting flammables or explosives.

(m) The insured auto is an authorized emergency vehicle.

(n) The insured auto is modified or changed in condition so as to increase the risk substantially.

(o) The insured auto is subject to an inspection law and has not been inspected or, if inspected, has failed to qualify.

Our failure to cancel for any of these reasons will not obligate us to renew the policy.

9. RENEWAL

We will not refuse to renew this policy unless written notice of our refusal to renew is mailed to you, at the address

shown in this policy, at least 30 days prior to the expiration date (or 60 days prior to the expiration date if this policy

has been in effect or renewed for 5 or more years). The mailing of this notice by us will be sufficient proof of notice.

This policy will expire without notice if any of the following conditions exist:

(a) You do not pay any premium as we require to renew this policy.

(b) You have informed us or our agent that you wish the policy to be cancelled or not renewed.

(c) You do not accept our offer to renew or you refuse to provide us with renewal classification and rating

information as we may require.

10. OTHER INSURANCE

If other insurance is obtained on your insured auto, any similar insurance afforded under this policy for that auto will

terminate on the effective date of the other insurance.

11. DIVIDEND PROVISION

You are entitled to share in a distribution of the surplus of the Company as determined by its Board of Directors

from time to time.

Policy Number: 4494-61-34-92

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A30IL (07-18) Page 20 of 20 Renewal Policy Page 36 of 40

W. C. E. Robinson

Secretary

William E. Roberts

President

12. DECLARATIONS

By accepting this policy, you agree that:

(a) The statements in your application and in the declarations are your agreements and representations;

(b) This policy is issued in reliance upon the truth of these representations; and

(c) This policy, along with the application and declaration sheet, embodies all agreements relating to this insurance.

The terms of this policy cannot be changed orally.

13. FRAUD AND MISREPRESENTATION

Coverage is not provided to any person who knowingly conceals or misrepresents any material fact or circumstance

relating to this insurance:

(a) At the time of application; or

(b) At any time during the policy period; or

(c) In connection with the presentation or settlement of a claim.

14. EXAMINATION UNDER OATH

The insured or any other person seeking coverage under this policy must submit to examination under oath by any

person named by us when and as often as we may require.

15. TERMS OF POLICY CONFORMED TO STATUTES

Any terms of this policy in conflict with the statutes of Illinois are amended to conform to those statutes.

16. DISPOSAL OF VEHICLE

If you relinquish possession of a leased vehicle or if you sell or relinquish ownership of an owned auto, any

coverage provided by this policy for that vehicle will terminate on the date you do so.

17. CHOICE OF LAW

The policy and any amendment(s) and endorsement(s) are to be interpreted pursuant to the laws of the state of

Illinois.

SECTION VI-AMENDMENTS AND ENDORSEMENTS

1. SPECIAL ENDORSEMENT UNITED STATES GOVERNMENT EMPLOYEES

A. Under the Property Damage coverage of Section I, we provide coverage to United States Government

employees, civilian or military, using

1. Motor vehicles owned or leased by the United States Government or any of its agencies, or

2. Rented motor vehicles used for United States Government business, when such use is with the permission of

the United States Government. Subject to the limits described in paragraph B. below, we will pay sums you

are legally obligated to pay for damage to these vehicles.

B. The following limits apply to this Coverage:

1. A $100 deductible applies to each occurrence.

2. For vehicles described in A.1. above, our liability shall not exceed the lesser of the following:

(a) The actual cash value of the property at the time of the occurrence; or

(b) The cost to repair or replace the property, or any of its parts with other of like kind and quality; or

(c) Two months basic pay of the insured; or

(d) The limit of Property Damage liability coverage stated in the declarations.

3. For vehicles described in A.2. above, our liability shall not exceed the lesser of the following:

(a) The actual cash value of the property at the time of the occurrence; or

(b) The cost to repair or replace the property, or any of its parts with other of like kind and quality; or

(c) The limit of Property Damage liability coverage stated in the declarations.

This insurance is excess over other valid and collectible insurance.

Policy Number: 4494-61-34-92

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*200001449461349212022004522*

Renewal Policy Page 37 of 40 A-431IL (05-11)

Secretary

Automobile Policy Endorsement

Rental Reimbursement Endorsement

The COMPANY affirms this endorsement.

W. C. E. Robinson

We agree with you that the policy is amended as follows: 

SECTION III - PHYSICAL DAMAGE COVERAGES

The following coverage is added: 

Coverage-Rental Reimbursement 

When there is a loss to an owned auto for which a specific premium charge indicates that rental reimbursement

coverage is afforded:

We will reimburse the insured toward costs the insured incurs to rent an auto. Reimbursement will not exceed the limits

described in the declarations and payment will be limited to a reasonable and necessary period of time required to repair

or replace the owned auto. This coverage applies only if:

1. The owned auto is withdrawn from use for more than 24 consecutive hours, and

2. The loss to the owned auto is covered under comprehensive or collision coverage of this policy.

When there is a total theft of the entire auto, we will reimburse the insured toward costs the insured incurs to rent an

auto, subject to the following limitations:

1. This coverage will reimburse the insured for reasonable rental expenses beginning 48 hours after a theft of the

entire vehicle covered under the comprehensive coverage of this policy; and

2. This coverage may be used to reimburse reasonable rental expenses in excess of those provided by Section III

of the policy if and to the extent the coverage limits under rental reimbursement exceed those provided in

Section III of the policy. In that event, the amount payable under this endorsement is the amount by which this

coverage exceeds those described in Section III of the policy; and

3. Subject to number 2 above, in no event shall the total amount payable under both this coverage and the

supplemental coverage in Section III of the policy exceed the daily limit of coverage provided by this endorsement.

Reimbursement for rental charges shall end the earliest of when the owned auto has been:

1. Returned to you; or

2. Repaired; or

3. Replaced; or

4.

whichever comes first.

No deductible applies to this coverage.

The coverage provided by this endorsement is subject to all the provisions and conditions of SECTION III of the policy. 

GEICO

Deemed a total loss by us:

(a) Seventy-two (72) hours after we pay the applicable limit of liability under Section III; or

(b) Seventy-two (72) hours after our initial settlement offer;

However, when there is a total theft of an owned auto, reimbursement for rental charges shall end the earliest of:

1. The date the auto is returned to use if the vehicle is recovered before payment of the total theft claim to you or

the owner of the vehicle; or if the vehicle is not recovered,

2. Seventy-two (72) hours after our initial settlement offer of the actual cash value of the owned auto. 3. Seventy-two (72) hours after the failure to provide either a proof of loss or recorded statement if requested by us.

CONDITIONS

In the case of theft of the entire auto, the insured must promptly notify the police that the vehicle was stolen. The 

insured must cooperate fully with the policy investigation, with the prosecution of any person(s) charged with theft and

any civil suit brought by us against the person(s) responsible to recover for the loss.

William E. Roberts

President

GEICO CASUALTY COMPANY

Policy Number: 4494-61-34-92

Case: 1:20-cv-04306 Document #: 18 Filed: 09/03/20 Page 64 of 103 PageID #:234
 

CC1102 (10-04) Renewal Policy Page 38 of 40

AUTOMOBILE POLICY

ILLINOIS

UNDERINSURED MOTORISTS

COVERAGE AMENDMENT

We affirm this amendment.

 GEICO Casualty Company

1.

2. When used in reference to this insurance (including

this and other amendments forming a part of the

policy):

3.

4.

5. 

Your policy provisions are amended as follows:

With respect to such insurance as is afforded by the 

policy for damages because of bodily injury caused by 

accident and arising out of the ownership, maintenance, 

or use of an uninsured motor vehicle the definition of 

uninsured motor vehicle is amended to include 

underinsured motor vehicle, subject to the following 

provision:

The limits of liability for this insurance as shown in 

the declarations shall be the total limit of the 

company's liability for all damages because of bodily 

injury as the result of any one accident regardless of 

the number of covered persons, claims made, or 

vehicles or premiums shown on the policy, or 

premiums paid, or vehicles involved in an accident 

arising out of the ownership, maintenance or use of 

an underinsured motor vehicle , less those amounts 

actually recovered under the applicable bodily 

injury insurance policy, bonds or other security 

maintained on the underinsured motor vehicle.

underinsured motor vehicle means a motor vehicle 

with respect to the ownership, maintenance or use 

of which the sum of the limits of liability under all 

bodily injury liability bonds and insurance policies

applicable at the time of the accident is less than 

the limits for underinsured motorists coverage 

provided the insured by this policy.

motor vehicle means a land motor vehicle or trailer 

other than: (a) a farm type tractor or other vehicle 

designed for use principally off public roads, while 

not upon public roads; (b) a vehicle operated on rails 

or crawler-treads; or (c) a vehicle while located for 

use as a residence or premises.

In the event of any payment under this coverage, we 

shall be subrogated to the extent of such payment to 

all of the insured's rights of recovery therefor. The 

insured shall do nothing after loss to prejudice such 

rights.

Unless otherwise agreed, no payment will be made 

under this coverage until all bodily injury liability 

limits, or portion thereof, which apply to the 

underinsured motor vehicle and its operators are 

partially or fully exhausted by payment of judgment 

or settlement.

The maximum amount payable under this coverage

is the Underinsured Motorists Coverage limit less

the amount actually recovered under the applicable

bodily injury insurance policies, bonds or other

security maintained on the underinsured motor

vehicle.

W. C. E. Robinson

Secretary

William E. Roberts

President

Policy Number: 4494-61-34-92

AMENDMENT

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Renewal Policy Page 39 of 40

Automobile Policy Amendment

Emergency Road Service Coverage

Secretary

We affirm this amendment.

W. C. E. Robinson

Your policy provisions are amended as follows: 

SECTION III

PHYSICAL DAMAGE COVERAGES

Emergency Road Service 

We will pay reasonable expenses an insured incurs for the owned or non-owned auto, for:

1. mechanical labor up to one hour at the place of breakdown;

2. lockout services up to $100 per lockout if keys to the auto are lost, broken or accidentally locked in the auto;

3. if it will not run, towing to the nearest repair facility where the necessary repairs can be made;

4. towing it out if it is stuck on or immediately next to a public highway;

5. delivery of gas, oil, loaned battery, or change of tire. WE DO NOT PAY FOR THE COST OF THE GAS, OIL,

LOANED BATTERY, OR TIRE(S). 

OBTAINING SERVICE UNDER THIS AMENDMENT

You may secure service under this amendment in the following manner:

SIGN AND DRIVE

The first method, called sign and drive, features a toll-free number in which the insured calls a GEICO Emergency Road

Service representative who will dispatch a service vendor. Upon verification of Emergency Road Service (ERS)

coverage, reasonable and necessary charges for covered services provided will be automatically billed to the Company

by the Service vendor. The insured need only sign a receipt at the time of service which authorizes the company to

directly pay the service vendor. Any additional mileage, other fees not specifically addressed above, or lockout services

in excess of $100 will be at the insured's expense.

HIRED SERVICES

The second method occurs when the insured does not use the sign and drive feature described above and hires services

without prior approval from the Emergency Road Service (ERS) Department. Upon verification of Emergency Road

Service (ERS) coverage, for covered services provided, up to a limit of $50 will apply. Lockout services are limited to

$100. Requests for reimbursement must be accompanied by an original itemized receipt and must be submitted within 60

days of service.

There will be a limit of one reimbursement per disablement. 

GEICO

CC-115 (04-08)

O. M. Nicely

President

GEICO CASUALTY COMPANY

Policy Number: 4494-61-34-92

Case: 1:20-cv-04306 Document #: 18 Filed: 09/03/20 Page 66 of 103 PageID #:236
Renewal Policy Page 40 of 40 

Case: 1:20-cv-04306 Document #: 18 Filed: 09/03/20 Page 67 of 103 PageID #:237
Case: 1:20-cv-04306 Document #: 18 Filed: 09/03/20 Page 68 of 103 PageID #:238
Sincerely,

William E. Roberts

President

One GEICO Center

Macon, GA 31295-0001

October 28, 2019

 Policy Number: 4494-61-34-92

 GEICO CASUALTY COMPANY

 Dear Briana Cooper, DECREASE...$946.91

 *400001449461349212022002946*

Start of Mailing Address Lines

Ms Briana COOPER

970 LUCINDA DR

BUFFALO GROVE IL 60089-1459

COVER_LTR_0_INC (11-18)

It's never been easier to contact GEICOZ Mobile App 1-800-841-3000 geico.com

Thank you for being part of the GEICO familyZ

You're ready for renewalZ Enclosed in this packet are your policy renewal documents. 

Policy Summary Policy Term: 12-01-19 - 06-01-20

New Premium: $945.57

Prior Premium: $946.91

Your Total Discounts: $74.18 Review your discounts at geico.com

Thanks for Being Paperless

Not only are you reducing the amount of

mail you receive, but you're also

helping the environment.

Use the GEICO Mobile App

45 out of 50 states

accept Digital ID CardsZ

 (Excludes CT, NM, NH, VA, MA & DC)

Stick with GEICO

Saving customers money

for over 75 years.

24/7 Access

Claims and Service accessibility

with 97% customer satisfaction.

Case: 1:20-cv-04306 Document #: 18 Filed: 09/03/20 Page 69 of 103 PageID #:239
*400021449461349212022002947*

Ms Briana COOPER

970 LUCINDA DR

BUFFALO GROVE IL 60089-1459

Important Information

Here are your Policy Identification Cards. Two cards have been

provided for each vehicle insured. Please destroy your old cards

when the new cards become effective.

Due to space limitations on the ID card, only the Named Insured and

the Co-insured are listed. For a full list of drivers covered under this

policy, please reference the Drivers section of your Declarations 

Please notify us promptly of any change in your address to be sure

you receive all important policy documents. Prompt notification will

enable us to service you better.

Your policy is recorded under the name and policy number shown

on the card.

If you would like additional ID cards, you can go online to 

geico.com or call us at 1-800-841-3000.

Page (page 5).

ILLINOIS INSURANCE CARD

GEICO CASUALTY COMPANY One GEICO Center 3 Macon, GA 31295-0001

ILLINOIS INSURANCE CARD

GEICO CASUALTY COMPANY One GEICO Center 3 Macon, GA 31295-0001

COMPANY CODE: 41491

POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE

4494-61-34-92 12-01-19 06-01-20

YEAR MAKE MODEL VEHICLE ID NO.

2015 M BENZ GLA250 WDCTG4GB0FJ082655

INSURED:

BRIANA COOPER

COMPANY CODE: 41491

POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE

4494-61-34-92 12-01-19 06-01-20

YEAR MAKE MODEL VEHICLE ID NO.

2015 M BENZ GLA250 WDCTG4GB0FJ082655

INSURED:

BRIANA COOPER

1-800-841-3000

1-800-841-3000

VOID

VOID

VOID

VOID

Case: 1:20-cv-04306 Document #: 18 Filed: 09/03/20 Page 70 of 103 PageID #:240
THE INSURANCE POLICY REPRESENTED BY THIS IDENTIFICATION CARD

DOES NOT REPRESENT ANY DRIVER WHO HAS BEEN EXCLUDED FROM THIS

POLICY. EXAMINE POLICY EXCLUSIONS CAREFULLY. THIS FORM DOES NOT CONSTITUTE ANY PART OF YOUR INSURANCE POLICY. What to do at the time of an accident.

3 Do not admit fault.

3 Do not reveal the limits of your liability coverage to anyone.

3 Exchange contact information; get year, make, model, plate

number, insurance carrier and policy number of all involved.

Also, identify witnesses and collect contact information.

3 Contact the police or 911 if applicable.

3 Contact GEICO by calling 1-800-841-3000 or visit

geico.com to report the accident.

Need a tow or roadside assistance? Call 1-800-424-3426 to reach GEICO's Emergency Road Service (ERS). U-4-IL (01-13)

THE INSURANCE POLICY REPRESENTED BY THIS IDENTIFICATION CARD

DOES NOT REPRESENT ANY DRIVER WHO HAS BEEN EXCLUDED FROM

THIS POLICY. EXAMINE POLICY EXCLUSIONS CAREFULLY. THIS FORM

DOES NOT CONSTITUTE ANY PART OF YOUR INSURANCE POLICY. What to do at the time of an accident.

3 Do not admit fault.

3 Do not reveal the limits of your liability coverage to anyone.

3 Exchange contact information; get year, make, model, plate

number, insurance carrier and policy number of all involved.

Also, identify witnesses and collect contact information.

3 Contact the police or 911 if applicable.

3 Contact GEICO by calling 1-800-841-3000 or visit

geico.com to report the accident.

Need a tow or roadside assistance? Call 1-800-424-3426 to reach GEICO's Emergency Road Service (ERS). U-4-IL (01-13)

Case: 1:20-cv-04306 Document #: 18 Filed: 09/03/20 Page 71 of 103 PageID #:241
Renewal Policy Page 5 of 36

*400001449461349212022002948*

Declarations Page

This is a description of your coverage.

Please retain for your records.

GEICO CASUALTY COMPANY

One GEICO Center

Macon, GA 31295-0001

T-V

Tel: 1-800-841-3000

 

Policy Number: 4494-61-34-92

Coverage Period: 

12-01-19 through 06-01-20

12:01 a.m. local time at the address of the named insured.

 Continued on Back

DEC_PAGE (03-14) (Page 1 of 2) 

Date Issued: October 28, 2019

Ms Briana COOPER

970 LUCINDA DR

BUFFALO GROVE IL 60089-1459

Email Address: cooper.briana87@gmail.com

Named Insured Additional Drivers Briana Cooper None

Vehicle VIN Vehicle Location Finance Company/ 

Lienholder 

1 2015 M Benz Gla250 WDCTG4GB0FJ082655 Buffalo Grove IL 60089 Wells Fargo Dealer Svcs

Coverages* Limits and/or Deductibles Vehicle 1

Bodily Injury Liability

 Each Person/Each Occurrence $50,000/$100,000 $184.50

Property Damage Liability $25,000 $274.95

Medical Payments $1,000 $11.13

Uninsured Motorists

 Each Person/Each Occurrence $50,000/$100,000 $16.48

Underinsured Motorist

 Each Person/Each Occurrence $50,000/$100,000 $8.31

Comprehensive $500 Ded $42.11

Collision $500 Ded $346.27

Emergency Road Service Full $11.73

Rental Reimbursement $50 Per Day

$1,500 Max

 $50.09

- Total Six Month Premium $945.57

*Coverage applies where a premium or $0.00 is shown for a vehicle.

If you elect to pay your premium in installments, you may be subject to an additional fee for each installment. The fee

amount will be shown on your billing statements and is subject to change.

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Discounts

The total value of your discounts is $74.18

 Restraint .............................................................................................................................................................$4.77

 Seat Belt ............................................................................................................................................................$0.59

 Anti-Theft ...........................................................................................................................................................$2.22

 Good Driver ......................................................................................................................................................$19.66

 Persistency .......................................................................................................................................................$28.72

 Anti-Lock Brake ................................................................................................................................................$18.22

The following discounts have also been applied

 Driving Experience ......................................................................................................................................Included

 Financial Responsibility ...............................................................................................................................Included

Contract Type: A30IL

Contract Amendments: ALL VEHICLES - A30IL

Unit Endorsements: A431IL (VEH 1); CC1102 (VEH 1); CC115 (VEH 1); UE316I (VEH 1)

Important Policy Information

-We welcome you to our GEICO family in the Auto Voluntary C20 rate program.

-Active Duty, Guard, Reserve or Retired Military: Call 1-800-MILITARY to see if you qualify for the Military Discount.

-Reminder - Physical damage coverage will not cover loss for custom options on an owned automobile, including

equipment, furnishings or finishings including paint, if the existence of those options has not been previously reported to

us. This reminder does NOT apply in VIRGINIA, however, in Virginia coverage is limited for custom furnishings or

equipment on pick-up trucks and vans but you may purchase coverage for this equipment. Please call us at

1-800-841-3000 or visit us at geico.com if you have any questions.

-Claims incurred while an insured vehicle is being used to carry passengers for hire may not be covered by this

contract. Please review the contract for a full list of exclusions and contact us if you plan to use any of your insured

vehicles for this purpose.

-GEICO complies with the Illinois Religious Freedom Protection and Civil Union Act, which recognizes civil union rights.

-Confirmation of coverage has been sent to your lienholder and/or additional insured.

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COMPLAINT DEPARTMENT ADDRESSES FOR ILLINOIS POLICYHOLDERS

If you have a complaint at any time concerning your insurance policy, you may contact us at the address given below.

Or, if you wish to contact the Illinois State Department of Insurance, write to:

M326 (05-18)

Automobile Department:

Regional Vice President

GEICO

One GEICO Center

Macon, GA 31295-0001

Telephone Number: 1-800-841-3000

Motorcycle Department:

Director

GEICO Motorcycle

One GEICO Landing

Virginia Beach, VA 23454

Telephone Number: 1-800-841-3000

PUBLIC SERVICE DIVISION 

Department of Insurance 

320 West Washington Street 

Springfield, IL 62767-0001

Assigned Risk Department:

Regional Vice President

GEICO

PO Box 9015

Woodbury, NY 11797-9015

Telephone Number: 1-800-645-7264

GEICO Umbrella Department:

Manager

GEICO Umbrella Department

One GEICO Boulevard

Fredericksburg, VA 22412

Telephone Number: 1-866-272-5192

GEICO CASUALTY COMPANY

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IMPORTANT INFORMATION ABOUT YOUR COVERAGES

Now is a good time to consider all the coverage options available to you and decide whether you want to make any

changes to your coverages. You have the right to increase your coverage, decrease your coverage, change your

deductibles, reject certain coverages, or you can add any coverage previously rejected. Please be aware that some

coverages are required by law and cannot be rejected.

Adjusting your coverages could result in either an increase or decrease in your six month premium. You can quickly

adjust your coverages and see the impact on your premium by logging into geico.com or accessing your policy through

the GEICO mobile app. 

 WE OFFER OPTIONAL COMPREHENSIVE AND COLLISION COVERAGE DEDUCTIBLES

Higher deductibles can be an economical way to offset increasing insurance costs. The more you increase your

deductibles, the more you can lower the cost of your insurance. If you avoid having accidents, the lower rates you pay

by carrying higher deductibles can amount to a substantial savings over the years.

GEICO is accessible to you 24 hours a day, 365 days a year to ensure that we are always available to serve you. 

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ENDORSEMENT

LOSS PAYABLE CLAUSE

The Policy Number and Effective Date need be completed only when this endorsement is issued subsequent to preparation of the policy. 

Any covered loss under the Physical Damage Coverages of the policy will be paid jointly to the insured and the

Lienholder in the Declarations. We may settle a claim at our option by separate payment to the insured and the

Lienholder. The Lienholder's interest will not be protected:

1. When fraud, misrepresentation, or material omission has knowingly been committed by or at

the direction of any insured; or

2. In any case of conversion, embezzlement, or secretion to the vehicle(s) by or at the direction

of any insured, or any owner of the vehicle(s); or

3. When intentional damage has knowingly been committed to the vehicle(s) by or at the direction of any insured, or any owner of the vehicles(s). This exclusion does not apply to the interest of an innocent co-insured who did

not cooperate in or contribute to the creation of the loss if the loss arose out of a pattern of criminal domestic

violence and the perpetrator of the loss is criminally prosecuted for the act causing the loss.

4. For any loss or damage caused by, or reasonably expected to result from, a criminal act or omission of any 

insured or any owner of the vehicle(s). This applies regardless of whether any insured, or any owner of the

vehicle(s) is actually charged with, or convicted of a crime. For the purpose of this clause, criminal acts or

omissions do not include traffic violations.

The Lienholder has no greater rights under the provisions of the policy than any insured.

The Lienholder must notify us if they become aware of any increased hazard or change of ownership of the vehicle(s) or

they will lose all rights under this policy.

If any insured fails to file with us a Proof of Loss within 91 days after the loss, the Lienholder must do so within the

following 60 days.

Whenever we pay the Lienholder, we shall be subrogated to the Lienholder's rights of recovery to the extent of our

payment to the Lienholder. If the policy is in effect as to the Lienholder but has been canceled as to any insured, the

Lienholder must assign the loan to us to the extent of our payment, if we ask.

We will notify the Lienholder at least 10 days and not less than the notice period required by law before we cancel their

interest in the policy.

This endorsement forms a part of your policy. It is effective at 12:01 A.M. local time at your address on the effective

date shown above.

4494-61-34-92

12-01-19

GEICO CASUALTY COMPANY

Policy Number: 

Effective Date: 

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ONE GEICO PLAZA

Washington, D. C. 20076-0001

Telephone: 1-800-841-3000

Illinois

Family

Automobile

Insurance

Policy

A30IL (07-18)

GEICO CASUALTY COMPANY

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POLICY INDEX

Page Page

Conditions ....................................................................12

Notice

Two Or More Autos

Assistance And Cooperation Of The Insured

Action Against Us

Insured's Duties In Event Of Loss

Appraisal

Payment Of Loss

No Benefit To

Bailee Subrogation

Assignment

SECTION IV

Uninsured Motorists Coverage

Your Protection For Injuries Caused By Uninsured

And Hit And Run Motorists

Definitions ....................................................................14

Losses We Pay............................................................. 15

Exclusions: When Section IV Does Not Apply ............. 15

Limits Of Liability ......................................................... 15

Other Insurance ........................................................... 16

Arbitration..................................................................... 16

Trust Agreement .......................................................... 17

Conditions ....................................................................17

Notice

Assistance And Cooperation Of The Insured

Action Against Us

Proof Of Claim - Medical

Reports Payment Of Loss

SECTION V

General Conditions

The Following Apply To All Coverages In This Policy

Territory........................................................................ 18

Premium....................................................................... 18

Changes........................................................................18

Assignment .................................................................. 18

Policy Period.................................................................18

Cancellation By The Insured......................................... 18

Cancellation By Us .......................................................18

Cancellation By Us Is Limited. ......................................18

Renewal .......................................................................19

Other Insurance ........................................................... 19

Dividend Provision ....................................................... 19

Declarations..................................................................19

Fraud And Misrepresentation ....................................... 20

Examination Under Oath. .............................................20

Terms Of Policy Conformed To Statutes.......................20

Disposal of Vehicle .......................................................20

Choice of Law............................................................... 20

SECTION VI

Amendments And Endorsements

Special Endorsement

United States Government Employees................... 20

SECTION I

Liability Coverages

Your Protection Against Claims From Others

Definitions.....................................................................3

Losses We Will Pay For You........................................ 4

Additional Payments We Will Make Under The

Liability Coverages. ............................................... 4

Legal Expenses And Court Costs

Bail And Appeal Bonds

First Aid Expenses

Exclusions: When Section I Does Not Apply................ 4

Persons Insured: Who Is Covered ............................... 6

Financial Responsibility Laws ...................................... 6

Out Of State Insurance ................................................ 6

Limits Of Liability ......................................................... 6

Other Insurance ........................................................... 6

Conditions ................................................................... 6

Notice

Two Or More Autos

Assistance And Cooperation Of The Insured Action

Against Us

Subrogation

SECTION II

Automobile Medical Payments Coverage

Protection For You And Your Passengers For Medical

Expenses

Definitions.....................................................................7

Payments We Will Make ............................................. 7

Exclusions: When Section II Does Not Apply .............. 8

Limit Of Liability............................................................ 9

Other Insurance ........................................................... 9

Conditions ....................................................................9

Notice

Two Or More Autos

Action Against Us

Medical Reports - Proof And Payment Of Claims

Subrogation

SECTION III

Physical Damage Coverages

Your Protection For Loss Of Or Damage To Your Car

Definitions.....................................................................9

Losses We Will Pay ..................................................... 10

Comprehensive Coverage...................................... 10

Collision Coverage................................................. 11

Additional Payments We Will Make Under The

Physical Damage Coverages................................. 11

Car Rental If Your Car Is Stolen

Exclusions: When The Physical Damage

Coverages Do Not Apply ....................................... 11

Limit Of Liability............................................................ 12

Other Insurance ........................................................... 12

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Whenever, "he," "his," "him," "himself" appears in this policy, you may read "she," "her," "hers," or "herself."

AGREEMENT

We, the Company named in the declarations attached to this policy, make this agreement with you, the

policyholder. Relying on the information you have furnished and the declarations attached to this policy and

if you pay your premium when due, we will do the following:

SECTION I - LIABILITY COVERAGES

Your Protection Against Claims from Others

Bodily Injury Liability and Property Damage Liability

DEFINITIONS

The words italicized in Section I of this policy are defined below.

1. Auto business means the business of selling, repairing, renting, leasing, brokering, servicing, storing, transporting

or parking of autos.

2. Bodily injury means bodily injury to a person, including resulting sickness, disease or death.

3. Farm auto means a truck type vehicle with a gross vehicle weight of 15,000 pounds or less, not used for

commercial purposes other than farming.

4. Insured means a person or organization described under PERSONS INSURED. 5. Non-owned auto means a private passenger auto, farm auto, utility auto or trailer not owned by or

furnished for the regular use of either you or your relative, other than a temporary substitute auto. You or 

your relative must be using the non-owned auto or trailer within the scope of permission given by its owner.

An auto rented or leased for more than 30 days will be considered as furnished for regular use.

A non-owned auto does not include:

(a) any motor vehicle rented or leased by you or a relative for the purpose of providing ride-sharing services. A

motor vehicle is considered to have been rented or leased for the purpose of providing ride-sharing services,

whether actually used for ride-sharing or not, if the rental or lease agreement specifically allows the motor

vehicle to be used for ride-sharing with a transportation network company; or

(b) any motor vehicle rented or leased by you or a relative which is registered for use for ride-sharing with a 

transportation network company; or

(c) any motor vehicle rented or leased by you or a relative which is approved for use for ride-sharing by a 

transportation network company; or

(d) any motor vehicle rented or leased by you or a relative which displays an interior or exterior marking that

identifies the motor vehicle as a vehicle for hire.

6. Owned auto means:

(a) A vehicle described in this policy for which a premium charge is shown for these coverages;

(b) A trailer owned by you;

(c) A private passenger auto, farm auto or utility auto, ownership of which you acquire during the policy period

or for which you enter into a lease during the policy period for a term of six months or more, if

(i) It replaces an owned auto as defined in (a) above; or

(ii) We insure all private passenger autos, farm autos and utility autos owned or leased by you on the date

of the acquisition, and you ask us to add it to the policy no more than 30 days later;

(d) A temporary substitute auto. 7. Private passenger auto means a four-wheel private passenger, station wagon or jeep-type auto.

8. Relative means a person related to you by blood, marriage, civil union, or adoption who resides in your household.

9. Temporary substitute auto means an automobile or trailer, not owned by you, temporarily used with the

permission of the owner. This vehicle must be used as a substitute for the owned auto or trailer when

withdrawn from normal use because of its breakdown, repair, servicing, loss or destruction.

A temporary substitute auto does not include:

(a) any motor vehicle rented or leased by you or a relative for the purpose of providing ride-sharing services. A

motor vehicle is considered to have been rented or leased for the purpose of providing ride-sharing services,

whether actually used for ride-sharing or not, if the rental or lease agreement specifically allows the motor

vehicle to be used for ride-sharing with a transportation network company; or

(b) any motor vehicle rented or leased by you or a relative which is registered for use for ride-sharing with a 

transportation network company; or

(c) any motor vehicle rented or leased by you or a relative which is approved for use for ride-sharing by a 

transportation network company; or

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(d) any motor vehicle rented or leased by you or a relative which displays an interior or exterior marking that

identifies the motor vehicle as a vehicle for hire.

10. Trailer means a trailer designed to be towed by a private passenger auto, if not being used for business

or commercial purposes with a vehicle other than a private passenger auto, farm auto or utility auto. 11. Utility auto means a vehicle, other than a farm auto, with a gross vehicle weight of 15,000 pounds or less of

the pick-up body, van or panel truck type not used for commercial purposes.

12. War means armed conflict between nations, whether or not declared, civil war, insurrection, rebellion or revolution.

13. You and your mean the Named Insured shown in the Declarations or his or her spouse or party to a civil union, if

a resident of the same household.

14. Personal vehicle sharing program means a business, organization, network or group facilitating the sharing

of private passenger motor vehicles for use by individuals or businesses.

15. Ride-sharing means the use of any vehicle by any insured in connection with a transportation network company from the time an insured logs on to or signs in to any computer or digital application or platform that

connects or matches driver(s) with passenger(s) until the time an insured logs out of or signs off of any such

application or platform, including while en route to pick up passenger(s) and while transporting passenger(s).

16. Transportation network company means a company or organization facilitating and/or providing

transportation services using a computer or digital application or platform to connect or match passengers with

drivers for compensation or a fee.

LOSSES WE WILL PAY FOR YOU UNDER SECTION I

Under Section I, we will pay damages which an insured becomes legally obligated to pay because of:

1. Bodily injury, sustained by a person, or

2. Damage to or destruction of property;

arising out of the ownership, maintenance or use of the owned auto or a non-owned auto. We will defend any

suit for damages payable under the terms of this policy. We may investigate and settle any claim or suit.

ADDITIONAL PAYMENTS WE WILL MAKE UNDER THE LIABILITY COVERAGES

1. All investigative and legal costs incurred by us.

2. All court costs charged to an insured in a covered lawsuit.

3. Interest calculated on that part of a judgment that is within our limit of liability and accruing:

(a) Before judgment, where owed by law, and until we pay, offer to pay, or deposit in court the amount due

under this coverage;

(b) After the judgment, and until we pay, offer to pay, or deposit in court, the amount due under this coverage.

4. Premiums for appeal bonds in a suit we appeal, or premiums for bonds to release attachments; but the face

amount of these bonds may not exceed the applicable limit of our liability.

5. Premiums for bail bonds paid by an insured due to traffic law violations arising out of the use of an owned auto or

non-owned auto, not to exceed $250 per bail bond.

6. We will upon request by an insured, provide reimbursement for the following items:

(a) Costs incurred by any insured for first aid to others at the time of an accident involving an owned auto or

non-owned auto.

(b) Loss of earnings up to $50 a day, but not other income, if we request an insured to attend hearings and trials.

(c) All reasonable costs incurred by an insured at our request.

Your available limits of liability coverage will not be reduced by our payment of any costs listed under this provision.

EXCLUSIONS

When Section I Does Not Apply

Section I does not apply to any claim or suit for damage if one or more of the exclusions listed below applies.

Section I does not apply:

1. To bodily injury to any insured or any family member of an insured residing in the insured's household.

Insured means the person against whom claim is made or suit is brought if that person is an insured as defined in

Section I of the policy.

This exclusion does not apply:

(a) When a third party acquires a right of contribution against a member of the injured person's family; or

(b) When any person not in the insured2s household was driving the vehicle of the insured involved in the accident.

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2. To bodily injury or property damage arising out of the ownership, maintenance, or use of any vehicle:

(a) used to carry persons or property for compensation or a fee, including but not limited to the delivery

of food or any other products; or

(b) while being used for ride-sharing. However, this exclusion does not apply to a vehicle used in an ordinary car pool or where bodily injury or

property damage results from your occupancy of such a non-owned vehicle as other than the operator.

An ordinary car pool is one where:

(i) An insured receives no payment for using a vehicle for a car pool ride; or

(ii) An insured receives only reimbursement for expenses for using a vehicle for a car pool ride, the reimbursement

an insured receives for providing the car pool ride does not exceed the reasonable cost of gas and

depreciation for the distance traveled, and the reimbursement received by an insured is not required to be

reported for income tax purposes.

3. To bodily injury or property damage caused intentionally by or at the direction of an insured. 4. To bodily injury or property damage that is insured under a nuclear liability policy.

5. To bodily injury or property damage arising from the operation of farm machinery.

6. To bodily injury to an employee of an insured arising out of and in the course of employment by an insured. However, bodily injury of a domestic employee of the insured is covered unless benefits are payable or are

required to be provided under a workers' or workmen's compensation law.

7. To bodily injury to a fellow employee of an insured if the fellow employee's bodily injury arises from the use of

an auto while in the course of employment and if workers' compensation or other similar coverage is available. We

will defend you if suit is brought by a fellow employee against you alleging use, ownership or maintenance of an

auto by you. 8. To a non-owned auto while maintained or used by any person while such person is employed or otherwise

engaged in (1) any auto business if the accident arises out of that business; (2) any other business or occupation

of any insured if the accident arises out of that business or occupation except a private passenger auto used by 

you or your chauffeur or domestic servant while engaged in such other business.

9. To property owned, operated, transported or used by an insured. 10. To property rented to or in charge of an insured other than a residence or private garage.

11. To an auto acquired by you during the policy term, if you have purchased other liability insurance for it.

12. To the United States of America or any of its agencies.

13. To any person, including you, if protection is afforded under the provisions of the Federal Tort Claims Act.

14. To any liability assumed under any contract or agreement.

15. To:

(a) bodily injury or property damage caused by an auto driven in or preparing for any prearranged or organized

racing, speed, or demolition contest or stunting activity of any nature; or

(b) the operation or use of a motor vehicle on a track designed primarily for racing or high speed driving. This does

not apply if the vehicle is being used in connection with an activity other than racing, high speed driving or any

competitive driving.

16. For any person or organization while any motor vehicle is operated, maintained or used as part of personal vehicle

sharing facilitated by a personal vehicle sharing program. 17. To any motor vehicle, or series of motor vehicles, leased by you or a relative for less than six months unless the

motor vehicle is described, and premium charge is shown for the vehicle for this coverage, in the declarations of this

policy.

18. To any motor vehicle, or series of motor vehicles, regularly rented by you or a relative on a daily, weekly or

monthly basis unless the vehicle is described, and a premium charge is shown for the motor vehicle for this

coverage, in the declarations of this policy.

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PERSONS INSURED

Who Is Covered

Section I applies to the following as insureds with regard to an owned auto:

1. You and your relatives;

2. Any other person using the auto with your permission. The actual use must be within the scope of that permission;

3. Any other person or organization for his or its liability because of acts or omissions of an insured under 1. or 2.

above.

Section I applies to the following with regard to a non-owned auto:

1. (a) You;

(b) Your relatives when using a private passenger auto, farm auto or utility auto or trailer. Such use by you or your relatives must be with the permission, or reasonably believed to be with the

permission, of the owner and within the scope of that permission;

2. A person or organization, not owning or hiring the auto, regarding his or its liability because of acts or omissions

of an insured under 1. above.

The limits of liability stated in the declarations are our maximum obligations regardless of the number of insureds

involved in the occurrence.

FINANCIAL RESPONSIBILITY LAWS

When this policy is certified as proof of financial responsibility for the future under the provisions of a motor vehicle

financial responsibility law, this liability insurance will comply with the provisions of that law. The insured agrees to

reimburse us for payments made by us which we would not have had to make except for this agreement.

OUT OF STATE INSURANCE

When the policy applies to the operation of a motor vehicle outside of your state, we agree to increase your coverages

to the extent required of out-of-state motorists by local law. This additional coverage will be reduced to the extent that 

you are protected by another insurance policy. No person can be paid more than once for any item of loss.

LIMITS OF LIABILITY

Regardless of the number of autos or trailers to which this policy applies:

1. The limit of bodily injury liability stated in the declarations as applicable to "each person" is the limit of our liability for

all damages resulting from bodily injury sustained by one person in any one accident or occurrence. Included in

this limit, but not as a separate claim or claims, are all the consequential damages sustained by other persons, such

as loss of services, loss of support, loss of consortium, wrongful death, grief, sorrow, and emotional distress.

2. The limit of such liability stated in the declarations as applicable to "each occurrence" is, subject to the above

provision respecting each person, the total limit of our liability for all such damages, including all the consequential

damages sustained by other persons, such as loss of services, loss of support, loss of consortium, wrongful death,

grief, sorrow, and emotional distress, resulting from bodily injury sustained by two or more persons as the result of

one accident or occurrence.

3. The limit of property damage liability stated in the declarations as applicable to "each occurrence" is the total limit

of our liability for all damages because of injury to or destruction of the property of one or more persons or

organizations, including the loss of use of the property as the result of any one occurrence.

OTHER INSURANCE

If there is other applicable primary liability insurance available for the insured, we will pay only our share of the

damages. Our share of the damages is the proportion that our limit of liability bears to the total of all primary liability

insurance available for the insured. Any insurance we provide for a non-owned auto shall be excess over any other applicable liability insurance available

for the insured. If the insured has other applicable excess liability insurance that applies to the non-owned auto, we

will pay only our share of the damages. Our share of the damages is the proportion that our limit of liability bears to the

total of all applicable excess liability insurance available for the insured. CONDITIONS

The following conditions apply to Section I:

1. NOTICE

As soon as possible after an occurrence, written notice must be given us or our authorized agent stating:

(a) The identity of the insured;

(b) The time, place and details of the occurrence;

(c) The names and addresses of the injured, and of any witnesses; and

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(d) The names of the owners and the description and location of any damaged property.

If a claim or suit is brought against an insured, he must promptly send us each demand, notice, summons or other

process received.

2. TWO OR MORE AUTOS

If this policy covers two or more autos, the limit of coverage applies separately to each. An auto and an attached

trailer are considered to be one auto.

3. ASSISTANCE AND COOPERATION OF THE INSURED

The insured will cooperate and assist us, if requested:

(a) In the investigation of the occurrence;

(b) In making settlements;

(c) In the conduct of suits;

(d) In enforcing any right of contribution or indemnity against any legally responsible person or organization

because of bodily injury or property damage;

(e) At trials and hearings;

(f) In securing and giving evidence; and

(g) By obtaining the attendance of witnesses.

Only at his own cost will the insured make a payment, assume any obligation or incur any cost other than for first

aid to others.

4. ACTION AGAINST US

No suit will lie against us:

(a) Unless the insured has fully complied with all the policy2s terms and conditions, and

(b) Until the amount of the insured2s obligation to pay has been finally determined, either:

(i) By a final judgment against the insured after actual trial; or

(ii) By written agreement of the insured, the claimant and us.

A person or organization or the legal representative of either, who secures a judgment or written agreement,

may then sue to recover up to the policy limits.

No person or organization, including the insured, has a right under this policy to make us a defendant in an

action to determine the insured's liability.

Bankruptcy or insolvency of the insured or his estate will not relieve us of our obligations.

5. SUBROGATION

When payment is made under this policy, we will be subrogated to all the insured's rights of recovery against

others. The insured will help us to enforce these rights. The insured will do nothing after loss to prejudice these

rights.

This means we will have the right to sue for or otherwise recover the loss from anyone else who may be held

responsible.

SECTION II - AUTO MEDICAL PAYMENTS

Protection For You And Your Passengers For Medical Expenses

DEFINITIONS

The definitions of terms shown under Section I apply to this Coverage.

In addition, under this Coverage, occupying means in or upon or entering into or alighting from.

PAYMENTS WE WILL MAKE

Under this Coverage, we will pay all reasonable expenses actually incurred by an insured within one year from the

date of accident for necessary medical, surgical, x-ray, dental services, prosthetic devices, ambulance, hospital,

professional nursing and funeral services. The one year limit does not apply to funeral services.

This Coverage applies to:

1. You and each relative who sustains bodily injury caused by accident:

(a) While occupying the owned auto; or

(b) While occupying a non-owned auto if you or your relative reasonably believe you have the owner2s

permission to use the auto and the use is within the scope of that permission; or

(c) When struck as a pedestrian by an auto or trailer. 2. Any other person who sustains bodily injury caused by accident while occupying the owned auto while being

used by you, a resident of your household, or other persons with your permission.

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EXCLUSIONS

When Section II Does Not Apply

1. There is no coverage for bodily injury arising out of the ownership, maintenance, or use of an owned auto or non- owned auto while being used:

(a) to carry persons or property for compensation or a fee, including but not limited to the delivery of food or any

other products; or

(b) for ride-sharing. However, this exclusion will not apply to ordinary car pools. An ordinary car pool is one where:

(i) An insured receives no payment for using a vehicle for a car pool ride; or

(ii) An insured receives only reimbursement for expenses for using a vehicle for a car pool ride, the

reimbursement an insured receives for providing the car pool ride does not exceed the reasonable cost of

gas and depreciation for the distance traveled, and the reimbursement received by an insured is not

required to be reported for income tax purposes.

This exclusion does not apply to you or any relative while a passenger and not operating the vehicle.

2. There is no coverage for an insured while occupying a vehicle located for use as a residence or premises.

3. You and your relatives are not covered for bodily injury sustained while occupying or when struck by:

(a) A farm-type tractor or other equipment designed for use principally off public roads, while not upon public roads;

or

(b) A vehicle operated on rails or crawler-treads.

4. There is no coverage for persons employed in the auto business, if the accident arises out of that business and if

benefits are required to be provided under a workers' compensation law.

5. There is no coverage for bodily injury sustained due to war. 6. The United States of America or any of its agencies are not covered as an insured, a third party beneficiary,

or otherwise.

7. There is no coverage for:

(a) bodily injury caused by an auto driven in or preparing for any prearranged or organized racing, speed, or

demolition contest or stunting activity of any nature; or

(b) the operation or use of a motor vehicle on a track designed primarily for racing or high speed driving. This

does not apply if the vehicle is being used in connection with an activity other than racing, high speed driving

or any competitive driving.

8. There is no coverage for any person or organization while any motor vehicle is operated, maintained or used as

part of personal vehicle sharing facilitated by a personal vehicle sharing program. 9. There is no coverage for bodily injury sustained by any insured while operating, occupying, or when struck as a

pedestrian by any vehicle leased by you or a relative for less than six months unless the vehicle is described, and

a premium charge is shown for the vehicle for this coverage, in the declarations of this policy.

10. There is no coverage for bodily injury sustained by any insured while operating, occupying, or when struck as a

pedestrian by any vehicle regularly rented by you or a relative on a daily, weekly or monthly basis unless the

vehicle is described, and a premium charge is shown for the vehicle for this coverage, in the declarations of this

policy.

11. There is no coverage for bodily injury to any insured arising out of:

(a) any motor vehicle rented or leased by you or a relative for the purpose of providing ride-sharing services. A

motor vehicle is considered to have been rented or leased for the purpose of providing ride-sharing

services, whether actually used for ride-sharing or not, if the rental or lease agreement specifically allows the

motor vehicle to be used for ride-sharing with a transportation network company; or

(b) any motor vehicle rented or leased by you or a relative which is registered for use for ride-sharing with a 

transportation network company; or

(c) any motor vehicle rented or leased by you or a relative which is approved for use for ride-sharing by a 

transportation network company; or

(d) any motor vehicle rented or leased by you or a relative which displays an interior or exterior marking

that identifies the motor vehicle as a vehicle for hire.

This exclusion does not apply if the rented or leased vehicle is described, and a premium charge is shown for the

vehicle for this coverage, in the declarations of this policy.

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LIMIT OF LIABILITY

The limit of liability for medical payments stated in the declarations as applying to "each person" is the limit we will pay

for all costs incurred by or on behalf of each person who sustains bodily injury in one accident. This applies

regardless of the number of persons insured or the number of autos or trailers to which this policy applies.

OTHER INSURANCE

If the insured has other medical payments insurance against a loss covered by Section II of this policy, we will not owe

more than our pro-rata share of the total coverage available.

Any insurance we provide to a person who sustains bodily injury while occupying a vehicle you do not own shall

be excess over any other valid and collectible insurance.

CONDITIONS

The following conditions apply to this Coverage:

1. NOTICE

As soon as possible after an accident, written notice must be given us or our authorized agent stating:

(a) The identity of the insured;

(b) The time, place and details of the accident; and

(c) The names and addresses of the injured, and of any witnesses.

2. TWO OR MORE AUTOS

If this policy covers two or more autos, the limit of coverage applies separately to each. An auto and an attached 

trailer are considered to be one auto.

3. ACTION AGAINST US

Suit will not lie against us unless the insured has fully complied with all the policy terms.

4. MEDICAL REPORTS - PROOF AND PAYMENT OF CLAIMS

As soon as possible, the injured person or his representative will furnish us with written proof of claim, under oath

if required. After each request from us, he will give us written authority to obtain medical reports and copies of

records.

The injured person will submit to an examination by doctors chosen by us and at our expense as we may

reasonably require.

We may pay either the injured person, the doctor or other persons or organizations rendering medical services.

These payments are made without regard to fault or legal liability of the insured. 5. SUBROGATION

When we make a payment under this coverage, we will be subrogated (to the extent of payment made by us) to the

rights of recovery the injured person or anyone receiving the payments may have against any person or

organization. Such person will do whatever is necessary to secure our rights and will do nothing to prejudice them.

This means we will have the right to sue for or otherwise recover the loss from anyone else who may be held

responsible.

SECTION III - PHYSICAL DAMAGE COVERAGES

Your Protection For Loss or Damage To Your Car

DEFINITIONS

The definitions of the terms auto business, farm auto, personal vehicle sharing program, private passenger

auto, relative, ride-sharing, temporary substitute auto, transportation network company, utility auto, you, your and war under Section I apply to Section III also. Under this Section, the following special definitions apply:

1. Actual cash value is the replacement cost of the auto or property less depreciation or betterment. 2. Betterment is improvement of the auto or property to a value greater than its pre-loss condition.

3. Collision means loss caused by upset of the covered auto or its collision with another object, including an attached

vehicle.

4. Custom parts or equipment means paint, equipment, devices, accessories, enhancements, and changes,

other than those which are original manufacturer installed, which:

(a) Are permanently installed or attached; or

(b) Alter the appearance or performance of a vehicle;

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This includes any electronic equipment, antennas, and other devices used exclusively to send or receive audio,

visual, or data signals, or to play back recorded media, other than those which are original manufacturer

installed, that are permanently installed in the owned auto or a newly acquired vehicle using bolts or brackets,

including slide-out brackets.

5. Depreciation means a decrease or loss in value to the auto or property because of use, disuse, physical wear and

tear, age, outdatedness or other causes.

6. Insured means:

(a) Regarding the owned auto:

(i) You and your relatives;

(ii) A person or organization maintaining, using or having custody of the auto with your permission, if his use is

within the scope of that permission.

(b) Regarding a non-owned auto; you and your relatives, using the auto, if the actual operation or use is with the

permission or reasonably believed to be with the permission of the owner and within the scope of that

permission.

7. Loss means direct and accidental loss of or damage to:

(a) The auto, including its equipment; or

(b) Other insured property.

8. Non-owned auto means a private passenger auto, farm auto or utility auto or trailer not owned by or furnished

for the regular use of either you or your relatives, except a temporary substitute auto. You or your relative

must be using the auto or trailer within the scope of permission given by its owner. A motor vehicle rented or

leased for more than 30 days will be considered as furnished for regular use.

A non-owned auto does not include:

(a) any motor vehicle rented or leased by you or a relative for the purpose of providing ride-sharing services. A

motor vehicle is considered to have been rented or leased for the purpose of providing ride-sharing services,

whether actually used for ride-sharing or not, if the rental or lease agreement specifically allows the motor

vehicle to be used for ride-sharing with a transportation network company; or

(b) any motor vehicle rented or leased by you or a relative which is registered for use for ride-sharing with a 

transportation network company; or

(c) any motor vehicle rented or leased by you or a relative which is approved for use for ride-sharing by a 

transportation network company; or

(d) any motor vehicle rented or leased by you or a relative which displays an interior or exterior marking that

identifies the motor vehicle as a vehicle for hire.

9. Owned auto means:

(a) Any vehicle described in this policy for which a specific premium charge indicates there is coverage;

(b) A private passenger auto, farm auto or utility auto or a trailer, ownership of which is acquired by you during

the policy period or for which you enter into a lease during the policy period for a term of six months or more; if

(i) It replaces an owned auto as described in (a) above, or

(ii) We insure all private passenger autos, farm autos, utility autos and trailers owned or leased by you on

the date of such acquisition and you request us to add it to the policy within 30 days afterward;

(c) A temporary substitute auto. 10. Trailer means a trailer designed to be towed by a private passenger auto and not used as a home, residence,

office, store, display or passenger trailer. Trailer does not mean a trailer with built-in sleeping facilities designed for

recreational or camping use.

LOSSES WE WILL PAY FOR YOU

Comprehensive (Excluding Collision)

1. We will pay for each loss, less the applicable deductible, caused other than by collision, to the owned auto

or non-owned auto. This includes breakage of glass and loss caused by:

(a) Missiles;

(b) Falling objects;

(c) Fire;

(d) Lightning;

(e) Colliding with a bird or animal;

(f) Windstorm;

(g) Hail;

(h) Water;

(i) Theft;

(j) Larceny;

(k) Explosion;

(l) Earthquake;

(m) Flood;

(n) Malicious mischief;

(o) Vandalism;

(p) Riot; or

(q) Civil commotion

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At the option of the insured, breakage of glass caused by collision may be paid under the Collision Coverage, if

included in the policy.

2. We will pay, up to $200 per occurrence, less any deductible shown in the declarations, for loss to personal

effects due to:

(a) Fire;

(b) Lightning;

(c) Flood;

(d) Theft of the entire automobile;

(e) Falling objects;

(f) Earthquake; or

(g) Explosion.

The property must be owned by you or a relative, and must be in or upon an owned auto. 3. Losses arising out of a single occurrence shall be subject to no more than one deductible.

Collision

1. We will pay for collision loss to the owned auto or non-owned auto for the amount of each loss less the

applicable deductible.

2. We will pay up to $200 per occurrence, less the applicable deductible, for loss to personal effects due to a

collision. The property must be owned by you or a relative, and must be in or upon an owned auto. 3. Losses arising out of a single occurrence shall be subject to no more than one deductible.

ADDITIONAL PAYMENTS WE WILL MAKE UNDER THE PHYSICAL DAMAGE COVERAGES

1. We will reimburse the insured for transportation expenses incurred during the period beginning 48 hours after a

theft of the entire auto covered by Comprehensive Coverage under this policy has been reported to us and the

police. Reimbursement ends when the auto is returned to use or we pay for the loss. Reimbursement will not exceed $25 per day nor more than $750 per loss. 2. We will pay general average and salvage charges for which the insured becomes legally liable when the auto

is being transported.

3. We will pay for the replacement of a child passenger restraint system when the restraint system is in the insured

auto at the time loss. EXCLUSIONS

When The Physical Damage Coverages Do Not Apply

1. There is no coverage for any vehicle:

(a) used to carry persons or property for compensation or a fee, including but not limited to the delivery of food or

any other products or

(b) while being used for ride-sharing. However, a vehicle used in an ordinary car pool is covered. An ordinary car pool is one where:

(i) An insured receives no payment for using a vehicle for a car pool ride; or

(ii) An insured receives only reimbursement for expenses for using a vehicle for a car pool ride, the

reimbursement an insured receives for providing the car pool ride does not exceed the reasonable cost of

gas and depreciation for the distance traveled, and the reimbursement received by an insured is not

required to be reported for income tax purposes.

2. Loss due to war is not covered.

3. We do not cover loss to a non-owned auto when used by the insured in the auto business. 4. There is no coverage for loss caused by and limited to wear and tear, freezing, mechanical or electrical breakdown

or failure, unless that damage results from a covered theft.

5. Tires, when they alone are damaged by collision, are not covered.

6. Loss due to radioactivity is not covered.

7. Loss to any tape, wire, record disc or other medium for use with a device designed for the recording and/or

reproduction of sound is not covered.

8. We do not cover loss to any radar or laser detector.

9. We do not cover trailers when used for business or commercial purposes with vehicles other than

private passenger autos, farm autos or utility autos. 10. We do not cover loss for custom parts or equipment, in excess of $1,000, unless the existence of those custom parts or equipment has been previously reported to us and an endorsement to the policy has been added.

11. There is no coverage for any liability assumed under any contract or agreement.

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12. There is no coverage for any loss or damage resulting from:

(a) The acquisition of a stolen vehicle;

(b) Any governmental, legal or other action to return a vehicle to its legal, equitable, or beneficial owner, or

anyone claiming an ownership interest in the vehicle; or

(c) Any confiscation, seizure or impoundment of a vehicle by governmental authorities.

(d) The sale of an owned auto. 13. There is no coverage for the destruction, impoundment, confiscation or seizure of a vehicle by governmental or

civil authorities due to its use by you, a relative or a permissive user of the vehicle in illegal activity.

14. There is no coverage for any loss caused by:

(a) an auto driven in or preparing for any prearranged or organized racing, speed or demolition contest or

stunting activity of any nature; or

(b) the operation or use of a motor vehicle on a track designed primarily for racing or high speed driving. This

does not apply if the vehicle is being used in connection with an activity other than racing, high speed driving

or any competitive driving.

15. There is no coverage for any person or organization while any motor vehicle is operated, maintained or used as

part of personal vehicle sharing facilitated by a personal vehicle sharing program. 16. We do not cover any vehicle, or series of vehicles, leased by you or a relative for less than six months unless

the vehicle is described, and a premium charge is shown for the vehicle for this coverage, in the declarations of

this policy.

17. We do not cover any vehicle, or series of vehicles, regularly rented by you or a relative on a daily, weekly or

monthly basis unless the vehicle is described, and premium charge is shown for the vehicle for this coverage, in

the declarations of this policy.

LIMIT OF LIABILITY

The limit of our liability for loss:

1. Is the actual cash value of the property at the time of the loss;

2. Will not exceed the prevailing competitive price to repair or replace the property at the time of loss, or any of

its parts, including parts from non-original equipment manufacturers, with other of like kind and quality and will

not include compensation for any diminution of value claimed to result from the loss. Although you have the

right to choose any repair facility or location, the limit of liability for repair or replacement of such property is the

prevailing competitive price, which is the price we can secure from a competent and conveniently located

repair facility. At your request, we will identify a repair facility that will perform the repairs at the prevailing

competitive price;

3. To personal effects arising out of one occurrence is $200;

4. To a trailer not owned by you is $500;

5. For custom parts or equipment is limited to the actual cash value of the custom parts or equipment, not

to exceed the actual cash value of the vehicle. However, the most we will pay for loss to custom parts or

equipment is $1,000, unless the existence of those custom parts or equipment has been previously

reported to us and an endorsement to the policy has been added.

Actual cash value of property will be determined at the time of the loss and will include an adjustment for

depreciation/betterment and for the physical condition of the property.

OTHER INSURANCE

If the insured has other insurance against a loss covered by Section III, we will not owe more than our pro-rata share of

the total coverage available.

Any insurance we provide for a vehicle you do not own shall be excess over any other valid and collectible insurance.

CONDITIONS

The following conditions apply only to the Physical Damage Coverages:

1. NOTICE

As soon as possible after a loss, written notice must be given us or our authorized agent stating:

(a) The identity of the insured;

(b) A description of the auto or trailer;

(c) The time, place and details of the loss; and

(d) The names and addresses of any witnesses.

In case of theft, the insured must promptly notify the police.

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In the case of theft of the entire auto, the insured must promptly notify the police that the vehicle was stolen. To be

eligible as a covered loss, the police report must acknowledge and classify the report as theft of a motor vehicle.

The insured must cooperate fully with the policy investigation, with the prosecution of any person(s) charged with

theft, and with any civil suit brought by us against the person(s) responsible to recover for the loss. 2. TWO OR MORE AUTOS

If this policy covers two or more autos or trailers, the limit of coverage and any deductibles apply separately to

each.

3. ASSISTANCE AND COOPERATION OF THE INSURED

The insured will cooperate and assist us, if requested:

(a) In the investigation of the loss;

(b) In making settlements;

(c) In the conduct of suits;

(d) In enforcing any right of subrogation against any legally responsible person or organization;

(e) At trials and hearings;

(f) In securing and giving evidence; and

(g) By obtaining the attendance of witnesses.

4. ACTION AGAINST US

Suit will not lie against us unless the policy terms have been complied with and until 30 days after proof of loss is

filed and the amount of loss is determined.

If we retain salvage, we have no duty to preserve or otherwise retain the salvage for any purpose, including as

evidence for any civil or criminal proceeding. If you ask us immediately after a loss to preserve the salvage for

inspection, we will do so for a period not to exceed 30 days.

5. INSURED2S DUTIES IN EVENT OF LOSS

In the event of loss the insured will:

(a) Protect the auto, whether or not the loss is covered by this policy. Further loss due to the insured2s failure

to protect the auto will not be covered. Reasonable expenses incurred for this protection will be paid by us.

(b) File with us, within 91 days after loss, his sworn proof of loss including all information we may reasonably

require.

(c) At our request, the insured will exhibit the damaged property.

6. APPRAISAL

If we and the insured do not agree on the amount of loss, either may, within 60 days after proof of loss is filed,

demand an appraisal of the loss. In that event, we and the insured will each select a competent appraiser. The

appraisers will select a competent and disinterested umpire. The appraisers will state separately the actual cash value and the amount of the loss. If they fail to agree, they will submit the dispute to the umpire. An award in

writing of any two will determine the amount of loss. We and the insured will each pay his chosen appraiser and

will bear equally the other expenses of the appraisal and umpire.

We will not waive our rights by any of our acts relating to appraisal.

7. PAYMENT OF LOSS

We may at our option:

(a) Pay for the loss; or

(b) Repair or replace the damaged or stolen property.

At any time before the loss is paid or the property replaced, we may return any stolen property to you or to the

address shown in the declarations at our expense with payment for covered damage. We may take all or part of the

property at the agreed or appraised value, but there will be no abandonment to us. We may settle claims for loss

either with the insured or the owner of the property.

8. NO BENEFIT TO BAILEE

This insurance does not apply directly or indirectly to the benefit of a carrier or other bailee for hire liable for the loss

of the auto.

9. SUBROGATION

When payment is made under this policy, we will be subrogated to all the insured's rights of recovery against

others. The insured will help us to enforce these rights. The insured will do nothing after loss to prejudice these

rights. This means we will have the right to sue for or otherwise recover the loss from anyone else who may be held

responsible.

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10. ASSIGNMENT

With respect to Section III, Physical Damage Coverages, an Assignment of interest under this policy will not bind

us without our consent. Any nonconforming assignment shall be void and invalid. Moreover, the assignee of a

nonconforming assignment shall acquire no rights under this contract and we shall not recognize any such

assignment.

SECTION IV - UNINSURED MOTORIST COVERAGE

Protection For You and Your Passengers For Injuries Caused By Uninsured And Hit-And-Run Motorists

DEFINITIONS

The definitions of terms for Section I apply to Section IV, except for the following special definitions:

1. Hit-and-run motor vehicle is a motor vehicle causing bodily injury to an insured through physical contact with

him or with a motor vehicle he is occupying at the time of the accident and whose operator or owner cannot be

identified, provided the insured or someone on his behalf:

(a) Reports the accident within 24 hours to a police, peace or judicial officer or to the Commissioner of Motor

Vehicles;

(b) Files with us within 30 days a statement setting forth the facts of the accident and claiming that he has a cause

of action for damages against an unidentified person; and

(c) Makes available for inspection, at our request, the auto occupied by the insured at the time of the accident.

2. Insured means:

(a) The Named Insured shown on the Declarations and his or her spouse or party to a civil union, if a resident of the

same household;

(b) Relatives of (a) above if residents of his household;

(c) Any other person while occupying an owned auto;

(d) Any person who is entitled to recover damages because of bodily injury sustained by an insured under (a),

(b), and (c) above.

If there is more than one insured, our limit of liability will not be increased.

3. Insured auto is an auto:

(a) Described in the declarations and covered by the bodily injury liability coverage of this policy;

(b) Temporarily substituted for an insured auto when withdrawn from normal use because of its breakdown, repair,

servicing, loss or destruction; or

(c) Operated by you or your spouse or party to a civil union, if a resident of the same household.

But the term insured auto does not include:

(i) An auto used to carry passengers or goods for hire, except in a car pool;

(ii) An auto being used without the owner2s permission; or

(iii) Under subparagraphs (b) and (c) above, an auto owned by or furnished for the regular use of an insured. 4. Occupying means in, upon, entering into or alighting from.

5. State includes the District of Columbia, the territories and possessions of the United States, and the Provinces of

Canada.

6. Uninsured motor vehicle is a motor vehicle which has no bodily injury liability bond or insurance policy applicable

with liability limits complying with the financial responsibility law of the state in which the insured auto is principally

garaged at the time of an accident. This term also includes an auto whose insurer is or becomes insolvent or denies

coverage.

The term uninsured motor vehicle does not include:

(a) An insured auto;

(b) An auto owned or operated by a self-insurer within the meaning of any motor vehicle financial responsibility law,

motor carrier law or any similar law;

(c) An auto owned by the United States of America, any other national government, a state, or a political subdivision of any such government or its agencies;

(d) A land motor vehicle or trailer operated on rails or crawler-treads or located for use as a residence or

premises; or

(e) Any vehicle, equipment, all terrain vehicle, off road vehicle, or farm type tractor or equipment

designed mainly for use off public roads while not upon public roads

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LOSSES WE PAY

Under the Uninsured Motorists Coverage we will pay damages for bodily injury to the insured and sustained by

the insured caused by an accident which the insured is legally entitled to recover from the owner or operator of an 

uninsured motor vehicle or hit-and-run motor vehicle arising out of the ownership, maintenance or use of that 

uninsured motor vehicle or hit-and-run motor vehicle. The amount of the insured's recovery for these damages will be determined by agreement between the insured or

his representative and us. The dispute may be arbitrated if an agreement cannot be reached.

EXCLUSIONS

When Section IV Does Not Apply

1. This Coverage does not apply to bodily injury to an insured if the insured or his legal representative has made

a settlement or has been awarded a judgment of his claim without our prior written consent.

2. Bodily injury to an insured while occupying or through being struck by an uninsured motor vehicle owned by

an insured or a relative is not covered.

3. The Uninsured Motorists Coverage will not benefit any workers' compensation insurer, self-insurer, or disability

benefits insurer.

4. We do not cover the United States of America or any of its agencies as an insured, a third party beneficiary or

otherwise.

5. We do not cover any person while occupying a vehicle described in the declarations on which Uninsured

Motorists Coverage is not carried.

6. Regardless of any other provision of this policy, there is no coverage for punitive or exemplary damages under

the uninsured or underinsured motorist coverage of this policy.

7. This coverage does not apply to any liability assumed under any contract or agreement.

8. This coverage does not apply to damage caused by an insured2s:

(a) participation in or preparation for any prearranged or organized racing, speed or demolition contest or stunting

activity of any nature; or

(b) operation or use of a motor vehicle on a track designed primarily for racing or high speed driving. This does not

apply if the vehicle is being used in connection with an activity other than racing, high speed driving or any

competitive driving.

9. There is no coverage under this Section for any person or organization while any motor vehicle is operated,

maintained or used as part of personal vehicle sharing facilitated by a personal vehicle sharing program. 10. There is no coverage for bodily injury or property damage under this Section for any person or organization while

an owned auto or non-owned auto:

(a) is being used to carry persons or property for compensation or a fee, including but not limited to the delivery of

food or any other products; or

(b) is being used for ride-sharing. However, a vehicle used in an ordinary car pool is covered. An ordinary car pool is one where:

(i) An insured receives no payment for using a vehicle for a car pool ride; or

(ii) An insured receives only reimbursement for expenses for using a vehicle for a car pool ride, the reimbursement

an insured receives for providing the car pool ride does not exceed the reasonable cost of gas and depreciation

for the distance traveled, and the reimbursement received by an insured is not required to be reported for

income tax purposes.

This exclusion does not apply to you or any relative while a passenger and not operating the motor vehicle.

LIMITS OF LIABILITY

Regardless of the number of autos or trailers to which this policy applies:

1. The limit of liability for Uninsured Motorists Coverage stated in the declarations for "each person" is the limit of our

liability for all damages resulting from bodily injury sustained by one person in any one accident or occurrence.

Included in this limit, but not as a separate claim or claims, are all consequential damages sustained by other

persons, such as loss of services, loss of support, loss of consortium, wrongful death, grief, sorrow, and emotional

distress.

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2. The limit of liability stated in the declarations as applicable to "each accident" is, subject to the above provision

respecting each person, the total limit of our liability for all such damages, including all the consequential damages

sustained by other persons, such as loss of services, loss of support, loss of consortium, wrongful death, grief,

sorrow and emotional distress, resulting from bodily injury sustained by two or more persons as the result of one

accident or occurrence.

3. When coverage is afforded to two or more autos, the limits of liability shall apply separately to each auto as stated

in the declarations but shall not exceed the highest limit of liability applicable to one auto.

If separate policies with us are in effect for you or any person in your household, they may not be combined

to increase the limit of our liability for a loss.

The amount payable under this Coverage will be reduced by all amounts:

(a) Paid by or for all persons or organizations liable for the injury;

(b) Paid or payable under the Bodily Injury Coverage or Medical Payments Coverage of this policy; or

(c) Paid or payable under any workers' compensation law, disability benefits law or any similar law.

OTHER INSURANCE

Coverage under Section IV may not be stacked, aggregated, or combined with other uninsured motorist coverage or

underinsured motorists coverage.

If there is other applicable uninsured motorist coverage or underinsured motorists coverage, the maximum an insured

may recover under all applicable uninsured motorist coverages or underinsured motorists coverages is the highest

applicable limit of liability for one (1) vehicle under one (1) of the available policies, even though separate premiums may

have been paid for each policy or vehicle. If there is other applicable uninsured motorist coverage or underinsured

motorists coverage, subject to the LIMITS OF LIABILITY under Section IV, we will pay only our share of the damages.

Our share is the proportion that our limit of liability bears to the total of all available uninsured motorist coverage or

underinsured motorists coverage limits.

However, any uninsured motorist coverage or underinsured motorists coverage we provide for bodily injury to you

or a relative when not occupying an owned auto, subject to the LIMITS OF LIABILITY under Section IV, shall be

excess over any other uninsured motorist coverage or underinsured motorists coverage and our coverage applies

only in the amount by which it exceeds such other uninsured motorist coverage or underinsured motorists coverage.

If more than one uninsured motorist or underinsured motorists policy applies as excess, then:

(1) the amount payable under this policy shall not exceed the difference between the uninsured motorist

coverage or underinsured motorists coverage limit of the policy that applies as primary and the highest

applicable uninsured motorist coverage or underinsured motorists coverage limit of any one of the uninsured

motorist coverages or underinsured motorists coverages that applies as excess to the primary uninsured

motorist or underinsured motorists coverage; and

(2) we are then liable, subject to the LIMITS OF LIABILITY under Section IV, only for our share which is the

proportion that our limit of liability bears to the total of all available uninsured motorist coverage or

underinsured motorists coverage limits that applies as excess to the primary uninsured motorist or

underinsured motorists coverage.

We will not pay for any damages which would duplicate any payment made for damages under other insurance.

ARBITRATION

Except as set forth in the last sentence of this paragraph, any dispute arising between any insured and us regarding:

(a) The extent to which the insured is legally entitled to recover against an owner or operator of an uninsured motor vehicle (i.e., issues of liability); or

(b) The amount of damages sustained by the insured may be arbitrated at the request of the insured. Binding

arbitration will not be used to resolve disputes regarding policy interpretation, the existence of this Coverage in a

particular policy, or the application of this Coverage to a particular claim or claimant.

Upon written demand from the insured for arbitration, each part will select an arbitrator and the two arbitrators so

named will select a third arbitrator. If such arbitrators are not selected within 45 days of such request, either party may

request that the matter be submitted for arbitration to the American Arbitration Association. Judgment upon the award

rendered by the arbitrators may be entered in any court having jurisdiction thereof. Unless both parties agree otherwise,

arbitration will take place in the county and state in which the insured lives. Local rules of law as to procedure and

evidence will apply.

Any decision made by arbitrators shall be binding for the amount of damages not exceeding $75,000 for bodily injury

to or death of any one person, $150,000 for bodily injury to or death of 2 or more persons in any one motor vehicle

accident, or the corresponding policy limits for bodily injury or death, whichever is less.

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When an award exceeds $75,000 for bodily injury to or death of any one person, or $150,000 for bodily injury to

or death of 2 or more persons in any one motor vehicle accident, or the corresponding policy limits for bodily injury

or death, whichever is less, either party shall have the right to a trial on all the issues in a court of competent

jurisdiction. This right must be exercised within 60 days of the award. Where such right is exercised by either party,

the judgment of the arbitrators shall not be binding on either party.

We will be obligated to pay no more than the applicable policy limits for this coverage regardless of whether an

arbitration results in an award in excess of the applicable policy limits for this coverage as defined in this policy.

We will pay all arbitration expenses except where recovery by the claimant exceeds the minimum Illinois Safety

Responsibility Law limits. If recovery exceeds the minimum limit, the person making claim shall pay his expenses and an

equal share of the expenses of the third arbitrator to the extent that recovery exceeds the minimum limit under the law. 

TRUST AGREEMENT

When we make a payment under this Coverage:

1. We will be entitled to repayment of that amount out of any settlement or judgment the insured recovers from any

person or organization legally responsible for the bodily injury. 2. The insured will hold in trust for our benefit all rights of recovery which he may have against any person or

organization responsible for these damages. He will do whatever is necessary to secure all rights of recovery and

will do nothing after the loss to prejudice these rights.

3. At our written request, the insured, in his own name, will take, through a designated representative, appropriate

actions necessary to recover payment for damages from the legally responsible person or organization. The

insured will pay us out of the recovery for our expenses, costs and attorneys' fees.

4. The insured will execute and furnish us with any needed documents to secure his and our rights and obligations.

CONDITIONS

The following conditions apply only to the Uninsured Motorists Coverage:

1. NOTICE

As soon as possible after an accident, notice must be given us or our authorized agent stating:

(a) The identity of the insured;

(b) The time, place and details of the accident; and

(c) The names and addresses of the injured, and of any witnesses.

If the insured or his or her legal representative files suit before we make a settlement under this Coverage, he must

immediately provide us with a copy of the pleadings.

2. ASSISTANCE AND COOPERATION OF THE INSURED

After we receive notice of a claim, we may require the insured to take any action necessary to preserve his

recovery rights against any allegedly legally responsible person or organization. We may require the insured to

make that person or organization a defendant in any action against us.

3. ACTION AGAINST US

No suit, action, or arbitration proceedings for recovery of any claim may be brought against us until the insured

has fully complied with all the terms of this policy. The insured must file proof of loss with the Company within 1

year from the date of loss. Further, any suit, action, or arbitration will be barred unless commenced within two years

after the date the claim was denied in whole or in part. Arbitration proceedings will not commence until we receive 

your written demand for arbitration.

4. PROOF OF CLAIM-MEDICAL REPORTS

As soon as possible, the insured or other person making claim must give us written proof of claim, under oath if

required. This will include details of the nature and extent of injuries, treatment, and other facts which may affect the

amount payable.

Proof of claim must be made on forms furnished by us unless we have not furnished these forms within 15 days after

receiving notice of claim.

The injured person will submit to examination by doctors chosen by us, at our expense, as we may reasonably

require. In the event of the insured's incapacity or death, his legal representative must, at our request, authorize us

to obtain medical reports and copies of records.

5. PAYMENT OF LOSS

Any amount due is payable:

(a) To the insured or his authorized representative;

(b) If the insured is a minor, to his parent or guardian; or

(c) If the insured is deceased, to his surviving spouse or party to a civil union, if a resident of the same household;

otherwise

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(d) To a person authorized by law to receive the payment; or to a person legally entitled to recover payment for the

damages.

We may at our option, pay an amount due in accordance with (d) above.

SECTION V-GENERAL CONDITIONS

These conditions apply to all Coverages in this policy.

1. TERRITORY

This policy applies only to accidents, occurrences or losses during the policy period within the United States of

America, its territories or possessions, or Canada or when the auto is being transported between ports thereof.

2. PREMIUM

When you dispose of, acquire ownership of, or replace a private passenger auto, farm auto or utility auto, any

necessary premium adjustment will be made as of the date of the change and in accordance with our manuals.

3. CHANGES

The terms and provisions of this policy cannot be waived or changed, except by an endorsement issued to form a

part of this policy.

We may revise this policy during its term to provide more coverage without an increase in premium. If we do so,

your policy will automatically include the broader coverage when effective in your state. The premium for each auto is based on the information we have in your file. You agree:

(a) That we may adjust your policy premiums during the policy term if any of this information on which the premiums

are based is incorrect, incomplete or changed.

(b) That you will cooperate with us in determining if this information is correct and complete.

(c) That you will notify us of any changes in this information.

(d) That we may adjust your policy premium during the policy term or at renewal if any person who is an insured

becomes an additional driver during the policy term or at renewal.

Any calculation or recalculation of your premium or changes in your coverage will be based on the rules, rates and

forms on file, if required, for our use in your state.

4. ASSIGNMENT

Assignment of interest under this policy will not bind us without our written consent. If you die, this policy will cover:

(a) Your surviving spouse or party to a civil union, if a resident of the same household;

(b) The executor or administrator of your estate, but only while operating an owned auto and while acting within the

scope of his duties;

(c) Any person having proper temporary custody of and operating the owned auto, as an insured, until the

appointment and qualification of the executor or administrator of your estate; and

(d) Under the Medical Payments Coverage, a person who was a relative at the time of your death.

5. POLICY PERIOD

Unless otherwise cancelled, this policy will expire as shown in the declarations. But, it may be continued by our

offer to renew and your acceptance by payment of the required renewal premium prior to the expiration date.

Each period will begin and expire as stated in the declarations.

6. CANCELLATION BY THE INSURED

You may cancel this policy by providing notice to us stating when, after the notice, cancellation will be effective.

If this policy is cancelled, you may be entitled to a premium refund. The premium refund, if any, will be pro-rated.

7. CANCELLATION BY US

We may cancel this policy by mailing to you, at the last mailing address known to the company, written notice

stating when the cancellation will be effective.

We will mail this notice:

(a) 10 days in advance if the proposed cancellation is for non-payment of premium or any of its installments when

due;

(b) 30 days in advance in all other cases.

The mailing of the above notice will be sufficient proof of notice. The policy will cease to be in effect as of the date

and hour stated in the notice.

If this policy is cancelled, you may be entitled to a premium refund. The premium refund, if any, will be pro-rated.

Payment or tender of unearned premium is not a condition of cancellation.

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8. CANCELLATION BY US IS LIMITED

After this policy has been in effect for 60 days or, if the policy is a renewal policy, we will not cancel except for any of

the following reasons:

(a) You do not pay the initial premium on other than a renewal policy or any additional premiums for this policy or

fail to pay any premium installment when due to us or our agent.

(b) You obtained the policy through material misrepresentation.

(c) Any insured violated any of the terms and conditions of the policy.

(d) You failed to disclose fully in your application your motor vehicle accidents and moving traffic violations for the

preceding 36 months.

(e) Any insured made a false or fraudulent claim or knowingly aided or abetted another in presenting such a claim.

(f) Any insured or customary operator:

(i) Has within the 12 months prior to the notice of cancellation, had his driver2s license under suspension or

revocation;

(ii) Is or becomes subject to epilepsy or heart attacks and cannot produce a certificate from a physician

testifying to his unqualified ability to operate a motor vehicle.

(iii) Has an accident record, conviction record (criminal or traffic), physical, mental or other condition which is

such that his operation of an auto might endanger the public safety.

(g) Any insured or customary operator, within 36 months prior to the notice of cancellation or non-renewal, has

been addicted to the use of narcotics or drugs.

(h) Any insured or customary operator has been convicted or forfeited bail during the 36 months immediately

preceding the notice of cancellation for:

(i) Any felony;

(ii) Criminal negligence in death, homicide or assault arising out of the operation of a motor vehicle;

(iii) Operating a motor vehicle while in an intoxicated condition;

(iv) Operating a motor vehicle while under the influence of drugs;

(v) Leaving the scene of an accident without stopping to report;

(vi) Theft or an unlawful taking of an auto; or (vii) making false statements in an application for a driver's license.

(i) Any insured or customary operator has been convicted of or forfeited bail for 3 or more violations within the 12

months immediately preceding the notice of cancellation, of any law, ordinance or regulation limiting the speed of

motor vehicles, of any of the provisions of motor vehicle laws of any state, violation of which is a misdemeanor,

whether or not the violations were the repetitions of the same offense or different offenses.

(j) The insured auto is mechanically defective to the extent that its operation might endanger public safety.

(k) The insured auto is used in carrying passengers for hire or compensation. However, the use of any auto for a

car pool shall not be considered use of an auto for hire or compensation.

(l) The insured auto is used in the business of transporting flammables or explosives.

(m) The insured auto is an authorized emergency vehicle.

(n) The insured auto is modified or changed in condition so as to increase the risk substantially.

(o) The insured auto is subject to an inspection law and has not been inspected or, if inspected, has failed to qualify.

Our failure to cancel for any of these reasons will not obligate us to renew the policy.

9. RENEWAL

We will not refuse to renew this policy unless written notice of our refusal to renew is mailed to you, at the address

shown in this policy, at least 30 days prior to the expiration date (or 60 days prior to the expiration date if this policy

has been in effect or renewed for 5 or more years). The mailing of this notice by us will be sufficient proof of notice.

This policy will expire without notice if any of the following conditions exist:

(a) You do not pay any premium as we require to renew this policy.

(b) You have informed us or our agent that you wish the policy to be cancelled or not renewed.

(c) You do not accept our offer to renew or you refuse to provide us with renewal classification and rating

information as we may require.

10. OTHER INSURANCE

If other insurance is obtained on your insured auto, any similar insurance afforded under this policy for that auto will

terminate on the effective date of the other insurance.

11. DIVIDEND PROVISION

You are entitled to share in a distribution of the surplus of the Company as determined by its Board of Directors

from time to time.

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W. C. E. Robinson

Secretary

William E. Roberts

President

12. DECLARATIONS

By accepting this policy, you agree that:

(a) The statements in your application and in the declarations are your agreements and representations;

(b) This policy is issued in reliance upon the truth of these representations; and

(c) This policy, along with the application and declaration sheet, embodies all agreements relating to this insurance.

The terms of this policy cannot be changed orally.

13. FRAUD AND MISREPRESENTATION

Coverage is not provided to any person who knowingly conceals or misrepresents any material fact or circumstance

relating to this insurance:

(a) At the time of application; or

(b) At any time during the policy period; or

(c) In connection with the presentation or settlement of a claim.

14. EXAMINATION UNDER OATH

The insured or any other person seeking coverage under this policy must submit to examination under oath by any

person named by us when and as often as we may require.

15. TERMS OF POLICY CONFORMED TO STATUTES

Any terms of this policy in conflict with the statutes of Illinois are amended to conform to those statutes.

16. DISPOSAL OF VEHICLE

If you relinquish possession of a leased vehicle or if you sell or relinquish ownership of an owned auto, any

coverage provided by this policy for that vehicle will terminate on the date you do so.

17. CHOICE OF LAW

The policy and any amendment(s) and endorsement(s) are to be interpreted pursuant to the laws of the state of

Illinois.

SECTION VI-AMENDMENTS AND ENDORSEMENTS

1. SPECIAL ENDORSEMENT UNITED STATES GOVERNMENT EMPLOYEES

A. Under the Property Damage coverage of Section I, we provide coverage to United States Government

employees, civilian or military, using

1. Motor vehicles owned or leased by the United States Government or any of its agencies, or

2. Rented motor vehicles used for United States Government business, when such use is with the permission of

the United States Government. Subject to the limits described in paragraph B. below, we will pay sums you

are legally obligated to pay for damage to these vehicles.

B. The following limits apply to this Coverage:

1. A $100 deductible applies to each occurrence.

2. For vehicles described in A.1. above, our liability shall not exceed the lesser of the following:

(a) The actual cash value of the property at the time of the occurrence; or

(b) The cost to repair or replace the property, or any of its parts with other of like kind and quality; or

(c) Two months basic pay of the insured; or

(d) The limit of Property Damage liability coverage stated in the declarations.

3. For vehicles described in A.2. above, our liability shall not exceed the lesser of the following:

(a) The actual cash value of the property at the time of the occurrence; or

(b) The cost to repair or replace the property, or any of its parts with other of like kind and quality; or

(c) The limit of Property Damage liability coverage stated in the declarations.

This insurance is excess over other valid and collectible insurance.

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Secretary

Automobile Policy Endorsement

Rental Reimbursement Endorsement

The COMPANY affirms this endorsement.

W. C. E. Robinson

We agree with you that the policy is amended as follows: 

SECTION III - PHYSICAL DAMAGE COVERAGES

The following coverage is added: 

Coverage-Rental Reimbursement 

When there is a loss to an owned auto for which a specific premium charge indicates that rental reimbursement

coverage is afforded:

We will reimburse the insured toward costs the insured incurs to rent an auto. Reimbursement will not exceed the limits

described in the declarations and payment will be limited to a reasonable and necessary period of time required to repair

or replace the owned auto. This coverage applies only if:

1. The owned auto is withdrawn from use for more than 24 consecutive hours, and

2. The loss to the owned auto is covered under comprehensive or collision coverage of this policy.

When there is a total theft of the entire auto, we will reimburse the insured toward costs the insured incurs to rent an

auto, subject to the following limitations:

1. This coverage will reimburse the insured for reasonable rental expenses beginning 48 hours after a theft of the

entire vehicle covered under the comprehensive coverage of this policy; and

2. This coverage may be used to reimburse reasonable rental expenses in excess of those provided by Section III

of the policy if and to the extent the coverage limits under rental reimbursement exceed those provided in

Section III of the policy. In that event, the amount payable under this endorsement is the amount by which this

coverage exceeds those described in Section III of the policy; and

3. Subject to number 2 above, in no event shall the total amount payable under both this coverage and the

supplemental coverage in Section III of the policy exceed the daily limit of coverage provided by this endorsement.

Reimbursement for rental charges shall end the earliest of when the owned auto has been:

1. Returned to you; or

2. Repaired; or

3. Replaced; or

4.

whichever comes first.

No deductible applies to this coverage.

The coverage provided by this endorsement is subject to all the provisions and conditions of SECTION III of the policy. 

GEICO

Deemed a total loss by us:

(a) Seventy-two (72) hours after we pay the applicable limit of liability under Section III; or

(b) Seventy-two (72) hours after our initial settlement offer;

However, when there is a total theft of an owned auto, reimbursement for rental charges shall end the earliest of:

1. The date the auto is returned to use if the vehicle is recovered before payment of the total theft claim to you or

the owner of the vehicle; or if the vehicle is not recovered,

2. Seventy-two (72) hours after our initial settlement offer of the actual cash value of the owned auto. 3. Seventy-two (72) hours after the failure to provide either a proof of loss or recorded statement if requested by us.

CONDITIONS

In the case of theft of the entire auto, the insured must promptly notify the police that the vehicle was stolen. The 

insured must cooperate fully with the policy investigation, with the prosecution of any person(s) charged with theft and

any civil suit brought by us against the person(s) responsible to recover for the loss.

William E. Roberts

President

GEICO CASUALTY COMPANY

Policy Number: 4494-61-34-92

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CC1102 (10-04) Renewal Policy Page 34 of 36

AUTOMOBILE POLICY

ILLINOIS

UNDERINSURED MOTORISTS

COVERAGE AMENDMENT

We affirm this amendment.

 GEICO Casualty Company

1.

2. When used in reference to this insurance (including

this and other amendments forming a part of the

policy):

3.

4.

5. 

Your policy provisions are amended as follows:

With respect to such insurance as is afforded by the 

policy for damages because of bodily injury caused by 

accident and arising out of the ownership, maintenance, 

or use of an uninsured motor vehicle the definition of 

uninsured motor vehicle is amended to include 

underinsured motor vehicle, subject to the following 

provision:

The limits of liability for this insurance as shown in 

the declarations shall be the total limit of the 

company's liability for all damages because of bodily 

injury as the result of any one accident regardless of 

the number of covered persons, claims made, or 

vehicles or premiums shown on the policy, or 

premiums paid, or vehicles involved in an accident 

arising out of the ownership, maintenance or use of 

an underinsured motor vehicle , less those amounts 

actually recovered under the applicable bodily 

injury insurance policy, bonds or other security 

maintained on the underinsured motor vehicle.

underinsured motor vehicle means a motor vehicle 

with respect to the ownership, maintenance or use 

of which the sum of the limits of liability under all 

bodily injury liability bonds and insurance policies

applicable at the time of the accident is less than 

the limits for underinsured motorists coverage 

provided the insured by this policy.

motor vehicle means a land motor vehicle or trailer 

other than: (a) a farm type tractor or other vehicle 

designed for use principally off public roads, while 

not upon public roads; (b) a vehicle operated on rails 

or crawler-treads; or (c) a vehicle while located for 

use as a residence or premises.

In the event of any payment under this coverage, we 

shall be subrogated to the extent of such payment to 

all of the insured's rights of recovery therefor. The 

insured shall do nothing after loss to prejudice such 

rights.

Unless otherwise agreed, no payment will be made 

under this coverage until all bodily injury liability 

limits, or portion thereof, which apply to the 

underinsured motor vehicle and its operators are 

partially or fully exhausted by payment of judgment 

or settlement.

The maximum amount payable under this coverage

is the Underinsured Motorists Coverage limit less

the amount actually recovered under the applicable

bodily injury insurance policies, bonds or other

security maintained on the underinsured motor

vehicle.

W. C. E. Robinson

Secretary

William E. Roberts

President

Policy Number: 4494-61-34-92

AMENDMENT

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Automobile Policy Amendment

Emergency Road Service Coverage

CC-115 (04-08)

O. M. Nicely

Secretary President

We affirm this amendment.

W. C. E. Robinson

Your policy provisions are amended as follows: 

SECTION III

PHYSICAL DAMAGE COVERAGES

Emergency Road Service 

We will pay reasonable expenses an insured incurs for the owned or non-owned auto, for:

1. mechanical labor up to one hour at the place of breakdown;

2. lockout services up to $100 per lockout if keys to the auto are lost, broken or accidentally locked in the auto;

3. if it will not run, towing to the nearest repair facility where the necessary repairs can be made;

4. towing it out if it is stuck on or immediately next to a public highway;

5. delivery of gas, oil, loaned battery, or change of tire. WE DO NOT PAY FOR THE COST OF THE GAS, OIL,

LOANED BATTERY, OR TIRE(S). 

OBTAINING SERVICE UNDER THIS AMENDMENT

You may secure service under this amendment in the following manner:

SIGN AND DRIVE

The first method, called sign and drive, features a toll-free number in which the insured calls a GEICO Emergency Road

Service representative who will dispatch a service vendor. Upon verification of Emergency Road Service (ERS)

coverage, reasonable and necessary charges for covered services provided will be automatically billed to the Company

by the Service vendor. The insured need only sign a receipt at the time of service which authorizes the company to

directly pay the service vendor. Any additional mileage, other fees not specifically addressed above, or lockout services

in excess of $100 will be at the insured's expense.

HIRED SERVICES

The second method occurs when the insured does not use the sign and drive feature described above and hires services

without prior approval from the Emergency Road Service (ERS) Department. Upon verification of Emergency Road

Service (ERS) coverage, for covered services provided, up to a limit of $50 will apply. Lockout services are limited to

$100. Requests for reimbursement must be accompanied by an original itemized receipt and must be submitted within 60

days of service.

There will be a limit of one reimbursement per disablement. 

GEICO

GEICO CASUALTY COMPANY

Policy Number: 4494-61-34-92

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