Western National Assurance Company

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Western National Mutual Insurance Company
PERSONAL AUTO
NOTICE TO OUR WISCONSIN POLICYHOLDERS
We have made changes in coverage to your Personal Automobile policy. These are changes that result in
coverages being broadened or that merely provide clarification of the intent of coverage under your policies. This
notice is to provide you with a summary of some of the changes in your policies so you may more easily compare
them with your previous coverage forms.
No coverage is provided by this notice nor can it be construed to replace any provision of your policy. You should
read your policy, read all endorsements that are attached to it, and review your Declarations Page for complete
information on the coverages you have. If there is any conflict between the policy and this summary, the
provisions of the policy shall prevail.
CHANGES THAT BROADEN COVERAGE
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Endorsement WN PP 46 04 10 – Increased Transportation Expenses Coverage has been added to your policy.
Your Personal Auto policy includes limited coverage for temporary transportation expenses incurred if your
vehicle is involved in a collision or other-than-collision loss, provided these specific coverages are designated
on the declaration page for the involved vehicle. This new endorsement increases the basic per-day limit for
temporary transportation expense ($20/day) by $10 and the maximum payable ($600) by $300. This extra
coverage is provided for no additional premium.
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Endorsement WN PP 09 – Amendment Of Policy Provisions – Wisconsin has been revised. The Medical
Payments Coverage provision of this endorsement has been changed to add a $5,000 per-person/$10,000 peraccident benefit in the event of a death of you or a “family member” resulting directly from bodily injury caused
by an accident, provided that the covered auto involved in the accident includes coverage for medical
payments.
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Endorsement WN PP 27 – Highway Emergency Loss Protection. If you have purchased this endorsement for
any of your vehicles it has been revised to add coverage for air bag replacement. The coverage is for
reinstallation or repairing of a factory installed air bag if it deploys without being involved in a “collision” or “other
than collision” occurrence.
CHANGES THAT HAVE BEEN MADE TO CLARIFY COVERAGES
Endorsement WN PP 09 – Amendment of Policy Provisions – Wisconsin has been revised. There are several
additions to this form that are meant to clarify coverages and responsibilities:
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The “Your Covered Auto” definition has been amended to clarify that any vehicle for which you (the named
insured or spouse) have given up ownership, a vehicle whose title has been transferred to another person or
organization, or any leased vehicle whose lease is terminated and title not transferred to you, is not a covered
auto under the policy. Ownership of the auto is critical and one of the most important factors in determining
whether a vehicle is a covered auto by a Personal Auto policy.
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The CHANGES provision of the policy is revised to clarify your responsibilities to provide correct and complete
information for the development of premium and to promptly notify the company of changes to any information
you provided including, but not limited to:
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number, type, or use classification of vehicles
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operators using insured vehicles, including newly licensed “family member” drivers or other household
members
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place of principal garaging of vehicles
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coverage, deductible, or limit revisions
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eligibility for discounts or other premium credits
The FRAUD provision of the policy is revised to clarify that we have issued your policy in reliance upon the
information provided on your application and that the policy may be voided or coverage denied under certain
circumstances due to fraud, misrepresentations of material facts made on applications, or in the presentation of
a claim.
Please contact your agent with any questions regarding your insurance policy.
Personal Auto
Renewals
September 2010
PERSONAL AUTO
WN PP 09 09 10
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT OF POLICY PROVISIONS – WISCONSIN
I.
DEFINITIONS
J. is replaced by the following:
J. "Your covered auto" means:
a. $25,000 for each person, subject to
$50,000 for each accident, with respect
to “bodily injury”; and
1. Any vehicle shown in the Declarations.
b. $10,000 for each accident with respect to
“property damage”.
However, this provision does not apply
to:
2. If this policy is in effect on or after January 1,
2010:
a. A vehicle shown in the Declarations
after ownership of that vehicle has
been transferred to another person
or organization by you or a "family
member".
b. A vehicle shown in the Declarations
that you or a "family member" have
been leasing, after the leasing
agreement has been terminated,
unless ownership of that vehicle is
transferred by the lessor, to you or a
"family member"
2. A "newly acquired auto".
3. Any "trailer" you own,
4. Any auto or "trailer" you do not own
while used as a temporary substitute for
any other vehicle described in this
definition which is out of normal use
because of its:
a. $50,000 for each person, subject to
$100,000 for each accident with respect
to "bodily injury"; and
b. $15,000 for each accident with respect to
"property damage".
II. PART A - LIABILITY COVERAGE
Part A is amended as follows:
A. Exclusions A.4. and A.6. are replaced by the
following:
We do not provide Liability Coverage for any
"insured":
4. For "bodily injury" to an employee of that
"insured" during the course of
employment if workers' compensation
benefits are available for that employee.
6. While employed or otherwise engaged in
the "business" of:
a. Breakdown
d. Loss; or
a. Selling
d. Storing; or
b. Repair;
e. Destruction
b. Repairing;
e. Parking;
c. Servicing;
This provision (J.4.) does not apply
to Coverage For Damage To Your
Auto.
The following is added to the Definitions Section:
Throughout the policy, “minimum limits” refers to
the following limits of liability specified by the
financial responsibility law of Wisconsin, to be
provided under a policy of automobile liability
insurance:
1. If this policy is in effect prior to January 1,
2010:
WN PP 09 09 10
c. Servicing;
vehicles designed for use mainly on
public highways. This includes road
testing and delivery. This exclusion (A.6)
does not apply to the ownership,
maintenance or use of:
a. "Your covered auto" by:
(1) You;
(2) Any "family member";
(3) Any partner, agent or employee
of you or any "family member";
or
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(4) Any other "insured" not listed in
(1), (2) or (3) above, if there is
no other valid and collectible
insurance,
whether
such
insurance is primary, excess or
contingent, at limits equal to or
greater than the applicable
minimum limit of liability
specified by the financial
responsibility law of Wisconsin,
available
to
respond
for
damages for which that "insured"
is legally responsible. In this
event, we will provide liability
coverage for that "insured" up to
the applicable minimum limit of
liability specified by the financial
responsibility law of Wisconsin.
B. The Limit Of Liability Provision is replaced
by the following:
b. Any vehicle other than "your covered
auto" by you or any "family member"
if there is no other valid and
collectible insurance, whether such
insurance is primary, excess or
contingent, at limits equal to or
greater than the applicable minimum
limit specified by the financial
responsibility law of Wisconsin, available to respond for damages for
which that “insured” is
legally
responsible. In this event, we will
provide liability coverage for that
“insured” up to the applicable
minimum limit of liability specified by
the financial responsibility law of
Wisconsin.
B. When there is more than one insured
vehicle and the "insured" sustains "bodily
injury" as a pedestrian when struck by a
motor vehicle, our maximum limit of
liability for each person in any one
accident is the sum of up to three Limits
Of Liability shown in the Declarations for
Medical Payments Coverage applicable
to any of "your" covered "autos". This is
the most we will pay regardless of the
number of:
Limit Of Liability
A. Except as provided in Paragraph B.
below, the limit of liability shown in the
Declarations for this coverage is our
maximum limit of liability for each person
injured in any one accident. This is the
most we will pay regardless of the
number of:
1. "Insureds";
2. Claims made; or
3. Vehicles or premiums shown in the
Declarations; or
4. Vehicles involved in the accident.
1. "Insureds;
2. Claims made; or
3. Vehicles or premiums shown in the
Declarations; or
4. Vehicles involved in the accident.
III. PART B - MEDICAL PAYMENTS COVERAGE
Part B is amended as follows:
A. Paragraph A. of the Insuring Agreement in
Part B is replaced by the following:
We will pay reasonable expenses incurred for
necessary medical (including chiropractic)
and funeral services because of "bodily
injury":
1. Caused by an accident; and
C. No one will be entitled to receive
duplicate payments for the same
elements of loss under this coverage;
and
1. Part A or Part C of this policy; or
2. Any Underinsured Motorists Coverage provided by this policy.
C. The following provision is added to Part B –
MEDICAL PAYMENTS COVERAGE
2. Sustained by an "insured".
DEATH BENEFIT
We will pay only those expenses incurred for
services rendered within three years from the
date of the accident.
We will pay $5,000 in the event of the death
of you or a "family member" which results
directly from "bodily injury" caused by
accident while "occupying" "your covered
auto" provided:
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1. The "your covered auto" described in the
declarations indicates a premium charge
for medical payments coverage; and
2. Death occurs within 90 days after the
accident.
Regardless of the number of:
1. Insureds;
2. Claims made;
3. Vehicles or premiums shown in the
Declarations Page; or
b. If the information material to the
development of the premium is
incorrect, incomplete or changed, we
may adjust the premium accordingly
during the policy period or take other
appropriate action based on the
corrected, completed or changed
information.
c. To promptly notify us of changes in
this information including, but not
limited to:
(1) The number, type or use
classification of insured vehicles;
4. Vehicles involved in the accident.
(2) Operators
using
insured
vehicles,
including
newly
licensed "family member" drivers
and any household members
that have licenses;
The most we will pay for any one accident is
$10,000.
In addition to all other EXCLUSIONS
applicable to PART B – MEDICAL
PAYMENTS COVERAGE, the following
additional exclusions apply to this provision:
(3) The place of principal garaging
of insured vehicles;
We will not pay for death from injuries:
(4) Coverage, deductible or limits;
1. From suicide;
2. Caused intentionally by you or a "family
member", or by any other person at the
direction of you or a "family member".
3. Sustained while committing a felony.
4. Sustained while seeking to avoid lawful
apprehension or arrest by a law
enforcement official.
IV. PART C - UNINSURED MOTORIST COVERAGE
Part C is replaced and is amended to delete the
ARBITRATION provision.
V. PART F - GENERAL PROVISIONS
Part F is amended as follows:
A. The CHANGES Provision is replaced by the
following:
CHANGES
1. This policy, your Declarations Page and
endorsements issued by us to this policy
contain all the agreements between you
and us. Its terms may not be changed or
waived except by endorsements issued
by us.
(5) Eligibility for discounts or other
premium credits.
If a change resulting from 1. or 2.
requires a premium adjustment, we will
make the premium adjustment in
accordance with our manual rules.
3. If we make a change which broadens
coverage under this edition of your policy
without additional premium charge, that
change will automatically apply to your
policy as of the date we implement the
change in your state. This Paragraph (3.)
does not apply to changes implemented
with a general program revision that
includes
both
broadenings
and
restrictions in coverage, whether that
general program revision is implemented
through introduction of:
a. A subsequent edition of your policy;
or
b. An Amendatory Endorsement.
B. The FRAUD Provision is replaced by the
following:
FRAUD
2. The premium for this policy is based on
information we have received from you or
other sources. You agree:
1. This policy was issued in reliance upon
the information provided on your
application. We may void this policy if
you or an insured:
a. To cooperate with us in determining
if this information is correct and
complete.
a. Made incorrect statements or
representations to us with regard to
any material fact or circumstance;
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b. Concealed or misrepresented any
material fact or circumstance; or
c. Engage in fraudulent conduct;
at the time of application.
We may void this policy due to fraud,
misrepresentation, or an incorrect
statement of material fact in the
application, even after the occurrence of
an accident or loss. This means that we
will not be liable for any claims or
damages which would otherwise be
covered.
2. We may deny coverage for an accident
or loss if you or an insured person have
knowingly concealed or misrepresented
any material fact or circumstance, or
engaged in fraudulent conduct, in
connection with the presentation or
settlement of a claim.
C. The following is added to the Changes provision:
CHANGES
If our agent has knowledge, before an
accident or loss, of a violation of a policy
condition, this will:
1. Be considered our knowledge; and
2. Not void the policy or defeat a recovery
for a claim.
D. The Legal Action Against Us provision does
not apply.
E. The following is added to the Our Right To
Recover Payment provision:
OUR RIGHT TO RECOVER PAYMENT
We shall be entitled to a recovery under paragraph A. or B. only after the person has been
fully compensated for damages.
F. The Termination provision is replaced by the
following:
TERMINATION
Cancellation
This policy may be canceled during the policy
period as follows:
1. The named insured shown in the
Declarations may cancel by:
a. Returning this policy to us; or
b. Giving us advance written notice of
the date cancellation is to take effect.
WN PP 09 09 10
2. We may cancel by mailing to the named
insured shown in the Declarations at the
address shown in this policy:
a. At least 60 days notice for
anniversary cancellation if this policy
has been written:
(1) For a period of more than 1 year;
or
(2) Without a fixed expiration date;
b. At least 10 days notice in all other
cases.
3. After this policy is in effect for 60 days or
if this is a renewal or continuation policy,
we will cancel only:
a. For nonpayment of premium; or
b. Due to substantial change in the risk
we assumed, except to the extent
that we should reasonably have
foreseen the change or contemplated
the risk when we issued this policy;
or
c. If the policy was obtained through
material misrepresentation.
Nonrenewal
If we decide not to renew or continue this
policy we will mail notice to the named
insured shown in the Declarations at the
address shown in this policy. Notice will be
mailed at least 60 days before the end of the
policy period. Subject to this notice
requirement, if the policy period is:
1. Less than 6 months, we will have the
right not to renew or continue this policy
every 6 months, beginning 6 months after
its original effective date.
2. 6 months or longer, but less than one
year, we will have the right not to renew
or continue this policy at the end of the
policy period.
3. 1 year or longer, we will have the right
not to renew or continue this policy at
each anniversary of its original effective
date.
Offer To Renew
If we offer to renew or continue and mail a
notice of renewal or continuation premium
due to the named insured shown in the
Declarations at the address shown in this
policy:
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1. Not more than 75 days nor less than 10
days prior to the due date of the premium
which states clearly the effect of nonpayment of premium by the due date; and
2. You or your representative has failed to
pay the renewal or continuation premium
by such expiration date as stated in the
notice;
then this policy will terminate at the end of
such expiration date without further notice
from us. Failure to pay the required renewal
or continuation premium when due shall
mean that you have not accepted our offer to
renew your policy.
Similar Insurance
If you obtain other insurance on "your
covered auto", any similar insurance provided
by this policy will terminate as to that auto on
the effective date of the other insurance.
Other Termination Provisions
1. We may deliver any notice instead of
mailing it. Proof of mailing of any notice
shall be sufficient proof of notice.
1. Unless we rely on it and it is either
material or is made with intent to deceive;
or
2. Unless the fact misrepresented or falsely
warranted contributes to the loss.
In addition, no failure of a condition prior to
the loss and no breach of a promissory
warranty affects our obligations under this
policy unless it exists at the time of loss and
either:
1. Increases the risk at the time of the loss;
or
2. Contributes to the loss.
H. The following provision is added:
CONFORMITY TO STATUTE OR RULE
Any provision of this policy (including
endorsements which modify the policy) that is
in conflict with a Wisconsin statute or rule is
hereby amended to conform to that statute or
rule.
The
term rule means a valid rule
promulgated by the Commissioner of
Insurance in accordance with the rule-making
authority conferred under Wis. Stat. Section
227.11(2) and published in the Wisconsin
Administrative Code.
2. If this policy is canceled, you may be
entitled to a premium refund. If so, we will
send you the refund. The premium
refund, if any, will be computed according
to our manuals. However, making or
offering to make the refund is not a
condition of cancellation.
VI. MISCELLANEOUS TYPE VEHICLE ENDORSEMENT AMENDMENT
3. The effective date of cancellation stated
in the notice shall become the end of the
policy period.
If the Miscellaneous Type Vehicle Endorsement is
attached to the policy, the Passenger Hazard
Exclusion does not apply to the following vehicles:
G. The following provision is added:
REPRESENTATIONS
1. Motorcycles or similar type vehicles; or
2. Dune buggies.
No oral or written statement or representation
made by you or on your behalf and no breach
of an affirmative warranty affects our
obligations under this policy:
This endorsement must be attached to the Change Endorsement when issued after the policy is written.
WN PP 09 09 10
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PERSONAL AUTO
WN PP 27 04 10
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
HIGHWAY EMERGENCY LOSS PROTECTION
With respect to the coverage provided by this endorsement, the provisions of the policy apply unless modified by the
endorsement.
INSURING AGREEMENT
The following coverages are added to your policy:
If the Declarations indicates Highway Emergency
Loss Protection applies to “your covered auto”, for
which a specific premium is shown, the coverages
listed below are included in the policy. These
coverages are in excess of any other collectible
insurance unless otherwise stated.
B. TOWING AND LABOR COSTS COVERAGE
A. Part D – Coverage For Damage To Your Auto
is amended as follows:
TRANSPORTATION EXPENSES, A. is deleted
and replaced by the following:
TRANSPORTATION EXPENSES
A. In addition, we will pay, without application of
a deductible, up to a maximum of $1500 for:
1. Temporary transportation expenses not
exceeding $60 per day incurred by you in
the event of a loss to “your covered auto”.
We will pay for such expenses if the loss
is caused by :
a. Other than “collision” only if the Declarations indicate that Other Than
Collision Coverage is provided for
that auto.
b. “Collision” only if the Declarations
indicate that Collision Coverage is
provided for that auto.
2. Expenses for which you become legally
responsible in the event of loss to a “nonowned auto”. We will pay for such
expenses if the loss is caused by:
a. Other than “collision” only if the Declarations indicate that Other Than
Collision Coverage is provided for
any “your covered auto”.
We will pay towing and labor costs incurred each
time “your covered auto” or any “non-owned auto”
is disabled, up to $150. If a “non-owned auto” is
disabled, we will provide the broadest towing and
labor costs coverage applicable to any “your
covered auto”. We will only pay for labor
performed at the place of disablement.
C. TRIP INTERRUPTION COVERAGE
With respect to a “your covered auto” shown in
the Declarations for which a specific premium
charge indicates that Highway Emergency Loss
Protection is afforded, we will pay, without
application of a deductible, up to a maximum of
$750 for reasonable:
1. Transportation expenses incurred by you in
the event of a mechanical or electrical
breakdown of “your covered auto”.
2. Expenses incurred by you for lodging and
meals in the event of:
a. Direct and accidental loss to “your covered auto” caused by “collision” or other
than “collision”; or
b. Mechanical or electrical breakdown of
“your covered auto”.
This coverage applies only if:
1. The loss to, or mechanical or electrical
breakdown of, “your covered auto” occurs
more than 25 miles from home; and
2. The “your covered auto” is withdrawn from
use for at least 24 hours.
b. “Collision” only if the Declarations
indicate that Collision Coverage is
provided for any “your covered auto”.
However, the most we will pay for any
expenses for loss of use is $60 per day.
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LIMIT OF LIABILITY
1. Our payment for Trip Interruption Coverage
will be limited to that period of time
reasonably required to:
a. Resume travel under a prearranged
itinerary; or
b. Return home.
D. LOCK COVERAGE
With respect to a “your covered auto” shown
in the declarations for which a specific
premium charge indicates that Highway
Emergency Loss Protection is afforded, we
will pay, without application of a deductible,
up to $100 per occurrence for:
OTHER SOURCES OF RECOVERY
1. Locksmith services to unlock “your
covered auto” and/or to replace the
applicable key. This coverage also
applies to a motor home and travel or
camping trailer if it is shown on the
Declarations.
Any insurance we provide with respect to Trip
Interruption Coverage shall be excess over any
other collectible source of recovery including but
not limited to:
2. Expenses to repair or replace door or
window locks on “your covered auto”
when it is likely that the corresponding
key has been stolen.
1. Any coverage provided by:
This coverage does not apply to:
2. No one will be entitled to receive duplicate
payments for the same elements of loss
under this coverage and Part D of the policy.
a. Vehicle warranties;
b. Automobile clubs; or
c. Mechanical Breakdown or similar plans;
or
2. Any other source of recovery applicable to the
loss.
1. Keys pertaining to any residence
premises where you reside or dwelling
under construction or renovation.
2. Lost keys that have been entrusted to
any person who is not an insured under
this policy.
E. AIR BAG REPLACEMENT
With respect to a "your covered auto" shown
in the declarations for which a specific
premium charge indicates that Highway
Emergency Loss Protection is afforded, we
will pay, without application of a deductible,
for the cost of reinstalling or repairing a
factory installed air bag if it deploys without
being involved in a "collision" or "other than
collision" occurrence.
This endorsement must be attached to the Change Endorsement when issued after the policy is written.
WN PP 27 04 10
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PERSONAL AUTO
WN PP 43 04 10
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
FULL SAFETY GLASS COVERAGE
With respect to the coverage provided by this
endorsement, the provisions of the policy
apply unless modified by the endorsement.
PART D – COVERAGE FOR DAMAGE TO
YOUR AUTO
The following is added to the first paragraph
of the Insuring Agreement in Part D:
We will pay under Other Than Collision
Coverage for the cost of repairing or replacing
damaged safety glass on "your covered auto"
without a deductible. We will pay only if:
1. The Declarations indicates that Other
Than Collision Coverage applies; and
2. A specific premium charge for Full Safety
Glass Coverage is shown in the Schedule
or in the Declarations.
This endorsement must be attached to the Change Endorsement when issued after the policy is written.
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PERSONAL AUTO
WN PP 46 04 10
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
INCREASED TRANSPORTATION EXPENSES COVERAGE
With respect to the coverage provided by this endorsement, the provisions of the policy apply unless modified by the endorsement.
Part D – Coverage For Damage To Your Auto is
amended as follows:
The basic limit of coverage for TRANSPORTATION
EXPENSES provided under Part D of this policy is
increased by $10 per day, up to an additional $300,
in the event of a covered loss to "your covered
auto". This is not in addition to any transportation
expenses provided under any other forms or
endorsements attached to this policy including, but
not limited to, the Highway Emergency Loss
Protection endorsement or the Optional Limits
Transportation Expenses coverage.
All other provisions of Part D, TRANSPORTATION
EXPENSES apply.
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