THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
HIRED AUTO PHYSICAL DAMAGE COVERAGE – NEW YORK
This endorsement modifies insurance provided under the following:
SPECIAL PROPERTY COVERAGE FORM
2.
Except as otherwise stated in this endorsement, the terms and
conditions of the policy apply to the insurance stated below.
A.
Deductible
a.
For each covered ''auto'', our obligation to pay for,
return or replace damaged or stolen property will
be reduced by the Hired Auto Physical Damage
deductible shown in the Declarations.
b.
The following provision applies in place of any
conflicting policy provisions:
HIRED AUTO PHYSICAL DAMAGE COVERAGE
1.
Coverage
We will pay for "loss" to "autos" or its
equipment
that you hire or borrow, subject to the following limit:
The most we will pay for "loss" to any one covered
"auto" in any one event is:
a. The limit shown in the Declarations for Hired Auto
Physical Damage;
b. The actual cash value of the damaged or stolen
property at the time of the "loss"; or
c. The cost of repairing or replacing the damaged or
stolen property,
whichever is smallest, minus a deductible.
We will also cover loss of use of a hired covered "auto"
if it results from an "accident", you are legally liable, and
the lessor incurs an actual financial loss, subject to a
maximum of $1000 per "accident".
Subparagraph A.1.b.(2) (Business Personal Property)
does not apply to this insurance.
The paragraph 2. PROPERTY NOT COVERED is
changed to read Covered Property does not include.
a. Aircraft, automobiles, motor trucks and other
vehicles subject to motor vehicle registration
except as to “autos” defined in this endorsement.
“Auto” Repairs Under Physical Damage Coverage
Payment of a physical damage “loss” shall not be
conditioned upon the repair of the “auto”. We
may not recommend, unless you request us to, or
require that repairs be made by a particular repair
shop or concern. For “loss” confined and solely to
window glass, we may recommend or suggest a
repair shop. However, we shall be entitled to the
following:
(1) A completed “Certification of Automobile
Repairs” as prescribed by the New York State
Insurance Department;
(2) If the “auto” is repaired, an itemized repair
invoice prepared by the “auto” repairer; and
(3) An inspection of the “auto”, whether or not
the “auto” is repaired.
B.
ADDITIONAL EXCLUSIONS
Solely with respect to the coverage afforded by this
endorsement, the following additional exclusions are added:
Form SS 10 14 03 00
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© 2000, The Hartford
1.
We will not pay for "loss" caused by or resulting from
any of the following.
Such "loss" is excluded
regardless of any other cause or event that contributes
concurrently or in any sequence to the "loss":
a.
C.
Solely with respect to the coverages afforded by this
endorsement, the following conditions apply:
Other Insurance
Nuclear Hazard
The insurance provided by this endorsement is excess over
any other collectible insurance, whether primary, excess,
contingent, or on any other basis.
(1) The explosion of any weapon employing
atomic fission or fusion; or
(2) Nuclear reaction or radiation, or radioactive
contamination, however caused.
b.
War or Military Action
(1) War, including undeclared or civil war.
(2) Warlike action by a military force, including
2.
3.
4.
action in hindering or defending against an
actual or expected attack, by any
government, sovereign or other authority
using military personnel or other agents; or
(3) Insurrection, rebellion, revolution, usurped
power or action taken by governmental
authority in hindering or defending against
any of these.
We will not pay for ''loss'' to any covered ''auto'' while
used in professional or organized racing or demolition
contest or stunting activity, or while practicing for such
contest or activity. We will also not pay for ''loss'' to
any covered ''auto'' while that covered ''auto'' is being
prepared for such a contest or activity.
We will not pay for ''loss'' caused by or resulting from
any of the following:
a. Wear and tear, freezing, mechanical or electrical
breakdown.
b. Blowouts, punctures or other road damage to
tires.
We will not pay for ''loss'' to any of the following:
a. Tapes, records, discs or other similar audio visual
or data electronic devices designed for use with
audio, visual or data electronic equipment.
D.
ADDITIONAL CONDITIONS
Solely with respect to the coverages afforded by this
endorsement, the following conditions apply:
1.
Appraisal
If you and we disagree on the amount of ''loss'', either
may demand an appraisal of the ''loss''. In this event,
each party will select a competent appraiser. The two
appraisers will select a competent and impartial umpire.
The appraisers will state separately the actual cash
value and amount of ''loss''. If they fail to agree, they
will submit their differences to the umpire. A decision
agreed to by any two will be binding. Each party will:
a.
Pay its chosen appraiser; and
b.
Bear the other expenses of the appraisal and
umpire equally.
If we submit to an appraisal, we will still retain our right
to deny the claim.
2.
Loss Payment
At our option we may:
3.
a.
Pay for or replace damaged or stolen property;
b.
Return the stolen or damaged property, at our
expense. We will pay for any damage that results
to the ''auto'' from the theft; or
Duties In The Event of Accident or Loss
In the event of a ''loss'',
following:
you must also do the
a.
Any device designed or used to detect speedmeasuring equipment such as radar or laser
detectors and any jamming apparatus intended to
elude or disrupt speed measurement equipment.
Promptly notify the police if the covered ''auto'' or
any of its equipment is stolen;
b.
We will not pay for "loss” to any "auto" you hire or
borrow from any of your "employees", partners (if you
are a partnership), members (if you are a limited liability
company), volunteers or members of their household.
Take all reasonable steps to protect the covered
''auto'' from further damage. Also keep a record
of your expenses for consideration in the
settlement of the claim;
c.
Permit us to inspect the covered ''auto'' and
records proving the ''loss'' before its repair or
disposition; and
d.
Agree to examination under oath at our request
and give us a signed statement of your answers.
b.
5.
AMENDED CONDITION
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Form SS 10 14 03 00
4.
No Benefit To Bailee
E.
We will not recognize any assignment or grant any
coverage for the benefit of any person or organization
holding, storing or transporting property for a fee
regardless of any other provision of this Coverage
Form.
Solely with respect to the coverages afforded by this
endorsement, the following definitions apply:
1.
“Auto” means a land motor vehicle of the private
passenger or truck type with a gross vehicle weight of
20,000 lbs. or less. “Auto” includes a trailer with a load
capacity of 2000 lbs. or less.
2.
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ADDITIONAL DEFINITIONS
"Loss" means direct and accidental loss or damage.
Form SS 10 14 03 00