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The “pollutants” escape, seep, migrate, or are discharged, dispersed or released directly from an auto part designed by its manufacturer to hold, store,
receive or dispose of such “pollutants”.
G. War - “Bodily Injury” or “property damage” due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection,
rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement.
H. Liability arising out of the any prohibited uses of the “Rental Vehicle”, including but not limited to:
1. Carrying people or property for hire;
2. Use of vehicle in the commission of a crime;
3. Use in any speed or demolition contest;
4. Towing or pushing anything; or
5. Driving into or within Mexico.
I. Liability for “Damage” to the “Rental Vehicle”.
J. “Loss” or “Damage” intentionally caused by an “Insured”.
K. Liability arising out of the use of a “Rental Vehicle” which was obtained through a “Rental Agreement” based on fraudulent information.
L. Punitive or exemplary damages.
M. “Loss” arising out of an "accident" which occurs while the operator of the “Rental Vehicle” is under the influence of alcohol or drugs, or other substances
unless used as prescribed by a physician.
N. Liability arising out of or benefits payable under any first party benefit law, medical payments, no-fault law or any similar law to the foregoing, in any state.
O. Loss” arising out of uninsured or underinsured motorists coverage.
P. “Loss” arising out of the operation of a “Rental Vehicle” by a driver who is not an “Insured”.
Q. “Loss” arising out of “bodily injury” or “property damage” sustained by the spouse of the operator of the “Rental Vehicle”.
VI. POLICY TERRITORY
We cover losses which occur during the “Coverage Period” within the United States and Canada, but only if the “Loss” arises out of a vehicle which is rented
in the state of New York. Policy territory does not include Mexico.
VII. CONDITIONS
A. Insureds Duties After Loss: Whenever it appears that a “loss” is a likely to involve this policy, notice thereof shall be given to us, any “Agent” of Empire Fire
and Marine Insurance Company or any office of the “Rental Agency”. Such notice shall be deemed notice to Empire Fire and Marine Insurance Company.
Additionally, each involved “Insured” must fully cooperate in the investigation, settlement or defense of the “loss”. Failure to give any notice required by this
policy within the time prescribed shall not invalidate any claim made by the "Insured" or by any other claimant if it shall be shown such notice was given as
soon as reasonably possible.
B. Premium: The premium for this policy shall be as stated in the Declarations.
C. Expenses: If, at our request an “Insured” has incurred attorney fees, court costs or other expenses including interest in the investigation or defense of
claims, suits, or other legal proceedings, we will be responsible for payment of them. We are not responsible for salaries or expenses of an “Insured” or any
“Insured’s” employee in the investigation or defense of a claim, suit, or other legal proceeding without our prior consent.
D. Subrogation: In the event of any payment under this policy, we shall participate with any “Insured” and any Underlying Insurer or Self-Insurer in the exercise
of all of an “Insured’s” rights of recovery against any person or organization liable therefore. An “Insured” must do everything necessary to secure our rights
and must do nothing after “Loss” to impair them. The apportionment of any amounts recovered shall be in the following order:
1. Any party, including you, who has paid an amount above payment by this policy, shall be reimbursed up to the amount they have paid.
2. From any remaining balance, we will then be reimbursed up to the amount we have paid.
3. From any remaining balance, amounts paid by and Underlying Insurers or Self-Insurers shall then be reimbursed. Expenses and costs necessary to the
recovery of an amount shall be apportioned between all parties in the ratio of their recovery. If the attempt to recover is totally unsuccessful, expenses
and costs will be apportioned in the ratio of the amounts each party sought to recover.
E. Suit: No Action can be brought by you unless the provisions of this policy have been complied with and the amount of your obligation to pay has been
decided.
Any person, organization or their legal representative is entitled to recover under this policy after they have secured a judgment or written agreement against
you. Recovery is limited to the extent of the insurance afforded by this policy. No person or organization has any right under this policy to include us in any
direct action against you to determine your liability nor will we be brought into such an action by you or your representative. If you or your estate becomes
bankrupt or insolvent, it does not change any of our obligations under this policy.
F. Notice of Suit: Notice to the “Rental Agency”, “Agent” or to us is notice to us.
G. Changes: This policy together with the “Rental Agreement” constitutes the entire contract of insurance. No “Agent” or “Rental Agency” has authority to
change this policy or waive any of its provisions.
H. Other Insurance: When you are covered by insurance other than this policy and the “Underlying Insurance”, that other insurance is excess.
I. Transfer Of Duties When A Limit Of Insurance Is Used Up:
1. If we conclude that, based on "accidents", claims or suits which have been reported to us and to which this insurance may apply, the Limit Of Insurance is
likely to be used up in the payment of judgments or settlements, we will notify the "Insured", in writing, to that effect.
2. When the Limit Of Insurance has actually been used up in the payment of judgments or settlements:
a. We will notify the "Insured", in writing, as soon as possible, that:
(1) Such limit has actually been used up; and
(2) Our duty to defend suits seeking damages subject to that limit has also ended.
b. We will initiate, and cooperate in, the transfer of control, to any appropriate "Insured", of all claims and suits seeking damages which are subject to that
limit and which are reported to us before that limit is used up. That "Insured" must cooperate in the transfer of control of said claims and suits. We
agree to take such steps, as we deem appropriate, to avoid a default in, or continue the defense of, such suits until such transfer is completed,
provided the appropriate "Insured" is cooperating in completing such transfer. We will take no action whatsoever with respect to any claim or suit
seeking damages that would have been subject to that limit, had it not been used up, if the claim or suit is reported to us after that limit of insurance
has been used up.
c. The "Insured", and any other "Insured" involved in a suit seeking damages subject to that limit, must arrange for the defense of such suit within such
time period as agreed to between the appropriate "Insured" and us. Absent any such agreement, arrangements for the defense of such suit must be
made as soon as possible.
3. The "Insured" will reimburse us for expenses we incur in taking those steps we deem appropriate in accordance with Paragraph 2.b. above. The duty of
the "Insured" to reimburse us will begin on:
a. The date we sent notice in accordance with Paragraph 1. above; or
b. The date on which we sent notice in accordance with Paragraph 2.a. above, if we did not send notice in accordance with Paragraph 1. above.
4. The exhaustion of the Limit Of Insurance by the payments of judgments or settlements, and the resulting end of our duty to defend, will not be affected by
our failure to comply with any of the provisions of this Condition.
J. Cancellation: The “Insured” may cancel this “Supplemental Rental Liability Insurance” at any time and any unearned premium will be refunded in
accordance with applicable law.
VIII. DEFINITIONS
A. "Accident" includes continuous or repeated exposure to the same conditions resulting in "bodily injury" or "property damage".
B. “Agent” means an employee of the “Rental Agency” authorized and licensed to rent cars and sell this insurance.
C. “Authorized Driver” means any individual who has a valid driver’s license, meets the rental requirements as stated in the “Rental Agreement” and is listed on
the “Rental Agreement” as an “Authorized Driver”.