VISION INSURANCE COMPANY
TEXAS PERSONAL AUTO POLICY
FOR INFORMATION, OR TO MAKE A COMPLAINT,
CALL:
Servicing Ofce: 1-800-554-0595
Claims Ofce: (915) 590-5692
1-800-880-0472
Address all correspondence to:
Service Ofce
1800 Lee Trevino, Ste 201
El Paso, Texas 79936
IMPORTANT NOTICE
To obtain information or make a complaint:
You may contact your agent at 1-800-554-0595.
You may call Vision Insurance Company’s toll-free telephone
number for information or to make a complaint at:
1-800-554-0595
You may also write to Vision Insurance Company at:
1800 Lee Trevino, Ste 201
El Paso, TX 79936
You may contact the Texas Department of Insurance to obtain
information on companies, coverages, rights, or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance:
P.O. Box 149104
Austin, TX 78714-9104
Fax: (512) 490-1007
Web: www.tdi.texas.gov
E-mail: [email protected]v
To obtain price and policy form comparisons and other information
relating to residential property insurance and personal automobile
insurance, you may visit the Texas Department of Insurance/Ofce
of Public Insurance Counsel website:
www.helpinsure.com
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or about a
claim you should contact the agent or Vision Insurance Company
rst. If the dispute is not resolved, you may contact the Texas
Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not become a part or
condition of the attached document.
AVISO IMPORTANTE
Para obtener información o para presentar una queja:
Usted puede comunicarse con su agente al 1-800-554-0595.
Usted puede llamar al número de teléfono gratuito de Vision
Insurance Company’s para obtener información o para presentar
una queja al:
1-800-554-0595
Usted también puede escribir a Vision Insurance Company:
1800 Lee Trevino, Ste 201
El Paso, TX 79936
Usted puede comunicarse con el Departamento de Seguros de
Texas para obtener información sobre compañias, coberturas,
derechos, o quejas al:
1-800-252-3439
Usted puede escribir al Departamento de Seguros de Texas a:
P.O. Box 149104
Austin, TX 78714-9104
Fax: (512) 490-1007
Sitio web: www.tdi.texas.gov
E-mail: [email protected]v
Para obtener formas para la comparación de precios y pólizas
y para obtener otra información sobre el seguro de propiedad
residencial y de seguro de automóvil personal, visite el sitio web
del Departamento de Seguros de Texas/Ocina del Asesor Público
de Seguros:
www.helpinsure.com
DISPUTAS POR PRIMAS DE SEGUROS O
RECLAMACIONES:
Si tiene una disputa relacionada con su prima de seguro o con
una reclamación, usted debe comunicarse con el agente o Vision
Insurance Company primero. Si la disputa no es resuelta, usted
puede comunicarse con el Departamento de Seguros de Texas.
ADJUNTE ESTE AVISO A SU PÓLIZA:
Este aviso es solamente para propósitos informativos y no se
convierte en parte o en condición del documento adjunto.
YOUR TEXAS PERSONAL AUTO POLICY — QUICK
REFERENCE
DECLARATIONS PAGE
Name of Insurance Company
Your Name and Address
Your Auto or Trailer
Policy Period
Coverage and Amounts of Insurance
AGREEMENT .............................................................................. 2
DEFINITIONS ............................................................................... 2
PART A — LIABILITY OF COVERAGE ....................................... 3
Insuring Agreement ........................................................................ 3
Supplemental Payments ................................................................. 3
Exclusions ...................................................................................... 3
Limit of Liability ............................................................................ 4
Out of State Coverage .................................................................... 4
Financial Responsibility Required ................................................. 4
Other Insurance .............................................................................. 4
PART B1 — MEDICAL PAYMENTS COVERAGE
Insuring Agreement ........................................................................ 4
Exclusions ...................................................................................... 4
Limit of Liability ............................................................................ 5
Other Insurance .............................................................................. 5
Assignment of Benets .................................................................. 5
PART B2 — PERSONAL INJURY PROTECTION COVERAGE
Insuring Agreement ........................................................................ 5
Exclusions ...................................................................................... 6
Limit of Liability ............................................................................ 6
Other Insurance .............................................................................. 6
Assignment of Benets .................................................................. 6
Other Provisions............................................................................. 6
PART C — UNINSURED/UNDERINSURED MOTORIST
Insuring Agreement ........................................................................ 6
Exclusions ...................................................................................... 6
Limit of Liability ............................................................................ 7
Other Insurance .............................................................................. 7
PART D — COVERAGE FOR DAMAGE TO YOUR AUTO
Insuring Agreement ........................................................................ 7
Transportation Expenses ................................................................ 7
Exclusions ...................................................................................... 7
Limit of Liability ............................................................................ 8
Payment of Loss ............................................................................. 8
No Benet to Bailee ....................................................................... 8
Other Insurance .............................................................................. 8
Appraisal ........................................................................................ 8
PART E — DUTIES AFTER AN ACCIDENT OR LOSS
General Duties ............................................................................... 9
Additional Duties for Uninsured/Underinsured Motorist
Coverage ........................................................................................ 9
Additional Duties for Coverage for Damage to Your Auto ........... 9
PART F — GENERAL PROVISIONS ...............................................9
Bankruptcy ..................................................................................... 9
Changes .......................................................................................... 9
Legal Action Against Us ................................................................ 9
Our Right to Recover Payment .................................................... 10
Policy Period and Territory .......................................................... 10
Termination .................................................................................. 10
Transfer of Your Interest in this Policy ........................................ 10
Two or More Auto Policies .......................................................... 10
ENDORSEMENTS...................................................................... 11
AGREEMENT
In return for payment of the premium and subject to all the terms
of this policy we agree with you as follows:
DEFINITIONS
A. Throughout this policy, “you” and “your” refer to:
1. The “named insured” shown in the Declarations; and
2. The spouse if a resident of the same household.
B. “We”, “us” and “our” refer to the Company providing this
insurance.
C. For purposes of this policy, a private passenger type auto or
pickup or van shall be deemed to be owned by a person if
leased:
1. Under a written agreement to that person; and
2. For a continuous period of at least six months.
Other words and phrases are dened. They are boldfaced when
used.
D. “Family member” means a person who is a resident of
your household and related to you by blood, marriage or
adoption. This denition includes a ward or foster child who
is a resident of your household and also includes your spouse
even when not a resident of your household during a period of
separation in contemplation of divorce.
E. “Occupying” means in, upon, getting in, on, out or off.
F. “Trailer” means a vehicle designed to be pulled by a:
1. Private passenger auto; or
2. Pickup or van.
It also means a farm wagon or farm implement while towed by
a vehicle listed in F.1. or F.2. above.
G. “Your covered auto” means:
1. Any vehicle shown in the Declarations;
2. I. Any of the following types of vehicles on the date you
became the owner:
a. a private passenger auto; or
b. a pickup or van with a G.V.W. of 25,000 lbs. or less
not used for the delivery or transportation of goods,
materials or supplies other than samples; unless, (1)
the delivery of goods, materials or supplies is not the
primary usage of the vehicle, or (2) used for farming
or ranching.
II.This provision (G.2.) applies only if you:
a. acquire the vehicle during the policy period; and
b. notify us within 30 days after you become the owner.
If the vehicle you acquire replaces one shown in the
Declarations, it will have the same coverage as the
vehicle it replaced. You must notify us of a replacement
vehicle within 30 days only if you wish to add or continue
Coverage for Damage to Your Auto. If the vehicle you
acquire is in addition to any shown in the Declarations, it
will have the broadest coverage we now provide for any
vehicle shown in the Declarations;
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 denition which is out of normal use because of its:
a. breakdown;
b. repair;
VIC-TX-89-0002 (09/2012)Page 2
c. servicing;
d. loss; or
e. destruction.
H. “Business day” means a day other than a Saturday, Sunday, or
holiday recognized by the state of Texas.
PART A — LIABILITY COVERAGE
INSURING AGREEMENT
A. We will pay damages for bodily injury or property damage
for which any covered person becomes legally responsible
because of an auto accident. Property damage includes loss of
use of the damaged property. Damages include prejudgment
interest awarded against the covered person. We will settle or
defend, as we consider appropriate, any claim or suit asking
for these damages. In addition to our limit of liability, we will
pay all defense costs we incur. Our duty to settle or defend
ends when our limit of liability for this coverage has been
exhausted.
B. “Covered person” as used in this Part means:
1. You or any family member for the ownership,
maintenance or use of any auto or trailer.
2. Any person using your covered auto.
3. For your covered auto, any person or organization
but only with respect to legal responsibility for acts or
omissions of a person for whom coverage is afforded
under this Part.
4. For any auto or trailer, other than your covered auto,
any person or organization but only with respect to legal
responsibility for acts or omissions of you or any family
member for whom coverage is afforded under this
Part. This provision (B.4.) applies only if the person or
organization does not own or hire the auto or trailer.
SUPPLEMENTARY PAYMENTS
In addition to our limit of liability, we will pay on behalf of a
covered person:
1. Up to $250 for the cost of a bail bonds required because
of an accident including related trafc law violations. The
accident must result in bodily injury or property damage
covered under this policy.
2. Premiums on appeal bonds and bonds to release attachments
in any suit we defend.
3. Interest accruing after a judgment is entered in any suit we
defend. Our duty to pay interest ends when we offer to pay
that part of the judgment which does not exceed our limit of
liability for this coverage.
4. Up to $50 a day for loss of earnings, but not other income,
because of attendance at hearings or trials at our request.
5. Other reasonable expenses incurred at our request.
EXCLUSIONS
A. We do not provide Liability Coverage for any person:
1. Who intentionally causes bodily injury or property
damage.
2. For damage to property owned or being transported by
that person;
3. I. For damage to property:
a. rented to;
b. used by; or
c. in the care of; that person.
II. This exclusion (A.3.I.) does not apply to damages to:
a. residence or private garage; or
b. any of the following type vehicles not owned by or
furnished or available for the regular use of you or
any family member:
(1) private passenger autos;
(2) trailers; or
(3) pickups or vans.
However, the exclusion (3.I.). does apply to a loss due to
or as a consequence of a seizure of an auto listed in 3.II.b.
above by federal or state law enforcement ofcers as
evidence in a case against you under the Texas Controlled
Substances Act or the federal Controlled Substances Act if
you are convicted in such case.
4. For bodily injury to an employee of that person during
the course of employment. This exclusion (A.4.) does
not apply to bodily injury to a domestic employee unless
workers’ compensation benets are required or available
for that domestic employee.
5. For that person’s liability arising out of the ownership or
operation of a vehicle while it is:
a. being used to carry persons for a fee; this does not
apply to a share-the-expense car pool; or
b. being used to carry property for a fee; this does
not apply to you or any family member unless the
primary usage of the vehicle is to carry property for a
fee; or
c. rented or leased to another; this does not apply if you
or any family member lends your covered auto to
another for reimbursement or operating expenses
only.
6. While employed or otherwise engaged in the business or
occupation of:
a. selling,
b. repairing,
c. servicing,
d. storing, or
e. parking vehicle 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 your covered auto by:
(1) you;
(2) any family member; or
(3) any partner, agent, or employee of you or any
family member.
7. Maintaining or using any vehicle while that person
is employed or otherwise engaged in any business or
occupation not described in Exclusion A.6. This exclusion
(A.7.) does not apply to the maintenance or use of a:
a. private passenger auto;
b. pickup or van that is your covered auto; or
c. trailer used with a vehicle described in 7.a. or 7.b.
above.
8. Using a vehicle without a reasonable belief that that
person is entitled to do so. This exclusion (A.8.) does not
apply to you or any family member while using your
covered auto;
9. I. For bodily injury or property damage for which that
person:
a. is an insured under a nuclear energy liability policy;
or
b. would be an insured under a nuclear energy liability
policy bur for its termination upon exhaustion of its
limit of liability.
VIC-TX-89-0002 (09/2012)Page 3
II. A nuclear energy liability policy is a policy issued by
any of the following or their successors:
a. American Nuclear Insurers;
b. Mutual Atomic Energy Liability Underwriters; or
c. Nuclear Insurance Association of Canada.
B. We do not provide Liability Coverage for the ownership,
maintenance or use of:
1. Any motorized vehicle having fewer than four wheels;
2. Any vehicle, other than your covered auto, which is:
a. owned by you; or
b. furnished or available for your regular use.
3. I. Any vehicle, other than your covered auto, which is:
a. owned by any family member; or
b. furnished or available for the regular use of any
family member.
II. However, this exclusion does not apply to your maintenance
or use of any vehicle which is:
a. owned by a family member; or
b. furnished or available for the regular use of a family
member.
C. We do not provide Liability Coverage for you or any family
member for bodily injury to you or any family member,
except to the extent of the minimum limits of Liability
Coverage required by Texas Civil Statutes Article 6701h,
entitled “Texas Motor Vehicle Safety - Responsibility Act.”
LIMIT OF LIABILITY
A. If separate limits of liability for bodily injury and property
damage liability are shown in the Declarations for this
coverage the limit of liability for “each person” for bodily
injury liability is our maximum limit of liability for all
damages for bodily injury sustained by any one person
in any one auto accident. Subject to this limit for “each
person”, the limit of liability shown in the Declarations for
“each accident” for bodily injury liability is our maximum
limit of liability for all damages for bodily injury resulting
from any one auto accident. The limit of liability shown in
the Declarations for “each accident” for property damage
liability is our maximum limit of liability for all damages to
all property resulting from any one auto accident.
If the limit of liability shown in the Declarations for this
coverage is for combined bodily injury and property damage
liability, it is our maximum limit of liability for all damages
resulting from any one auto accident.
This is the most we will pay regardless of the number of:
1. Covered persons;
2. Claims made;
3. Vehicles or premiums shown in the Declarations; or
4. Vehicles involved in the auto accident.
We will apply the limit of liability to provide any separate
limits required by law for bodily injury and property damage
liability. However, this provision will not change our total
limit of liability.
B. Any payment under the Uninsured/Underinsured Motorists
Coverage or the Personal Injury Protection Coverage of this
policy to or for a covered person will reduce any amount that
person is entitled to recover under this coverage.
OUT OF STATE COVERAGE
If an auto accident to which this policy applies occurs in any state
or province other than the one in which your covered auto is
principally garaged, we will interpret your policy for that accident
as follows:
A. If the state or province has:
1. A nancial responsibility or similar law specifying limits
of liability for bodily injury or property damage higher
than the limit shown in the Declarations, your policy will
provide the higher specied limit.
2. A compulsory insurance or similar law requiring
a nonresident to maintain insurance whenever the
nonresident uses a vehicle in that state or province,
your policy will provide at least the required minimum
amounts and types of coverage.
B. No one will be entitled to duplicate payments for the same
elements of loss.
FINANCIAL RESPONSIBILITY REQUIRED
When this policy is certied as future proof of nancial
responsibility, this policy shall comply with the law to the extent
required.
OTHER INSURANCE
If there is other applicable liability insurance we will pay only
our share of the loss. Our share is the proportion that our limit
of liability bears to the total of all applicable limits. However,
any liability insurance we provide to a covered person for the
maintenance or use of a vehicle you do not own shall be excess
over any other applicable liability insurance.
PART B1— MEDICAL PAYMENTS COVERAGE
INSURING AGREEMENT
A. We will pay reasonable expenses incurred for necessary medical
and funeral services because of bodily injury:
1. Caused by accident; and
2. Sustained by a covered person.
We will pay only those expenses incurred within three years
from the date of the accident.
B. “Covered person” as used in this Part means:
1. You or any family member:
a. while occupying; or
b. when struck by;
a motor vehicle designed for use mainly on public roads
or a trailer of any type.
2. Any other person while occupying your covered auto.
EXCLUSIONS
We do not provide Medical Payments Coverage for any person for
bodily injury:
1. Sustained while occupying any motorized vehicle having
fewer than four wheels.
2. Sustained while occupying your covered auto when it is:
a. Being used to carry persons for a fee; this does not apply
to a share-the-expense car pool; or
b. Being used to carry property for a fee; this does not apply
to you or any family member unless the primary usage of
the vehicle is to carry property for a fee; or
c. Rented or leased to another; this does not apply if you or
any family member lends your covered auto to another
for reimbursement of operating expenses only.
VIC-TX-89-0002 (09/2012)Page 4
3. Sustained while occupying any vehicle located for use as a
residence or premises.
4. Occurring during the course of employment if workers’
compensation benets are required or available for the bodily
injury.
5. Sustained while occupying or, when struck by, any vehicle
(other than your covered auto) which is:
a. Owned by you; or
b. Furnished or available for your regular use.
6. Sustained while occupying or, when struck by, any vehicle
(other than your covered auto) which is:
a. Owned by any family member; or
b. Furnished or available for the regular use of any family
member.
However, this exclusion (6.) does not apply to you.
7. Sustained while occupying a vehicle without a reasonable belief
that person in entitled to do so. This exclusion (7.) does not
apply to you or any family member while using your covered
auto.
8. Sustained while occupying a vehicle when it is being used
in the business or occupation of a covered person. This
exclusion does not apply to bodily injury sustained while
occupying a:
a. Private passenger auto;
b. Pickup or van that you own; or
c. Trailer used with a vehicle described in (H.1. or H.2.)
above.
9. Caused by or as a consequence of:
a. Discharge of a nuclear weapon (even in accidental);
b. War (declared or undeclared)
c. Civil war
d. Insurrection; or
e. Rebellion or revolution.
10. From or as a consequence of the following whether controlled
or uncontrolled or however caused:
a. Nuclear reaction;
b. Radiation; or
c. Radioactive contamination.
LIMIT OF LIABILITY
A. 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:
0. Covered persons;
1. Claims made;
2. Vehicles or premiums shown in the Declarations;
or
3. Vehicles involved in the accident.
B. Any amounts otherwise payable for expenses under this
coverage shall be reduced by any amounts paid or payable
for the same expenses under any Auto Liability or Uninsured/
Underinsured Motorists Coverage provided by this policy.
C. No payment will be made unless the injured person or that
person’s legal representative agrees in writing that any
payment shall be applied toward any settlement or judgment
that person receives under any Auto Liability or Uninsured/
Underinsured Motorists Coverage provided by this policy.
OTHER INSURANCE
If there is other applicable auto medical payments insurance we will
pay only our share of the loss. Our share is the proportion that our
limit of liability bears to the total of all applicable limits. However,
any insurance we provide with respect to a vehicle you do not own
shall be excess over any other collectible auto insurance providing
payments for medical or funeral expenses.
ASSIGNMENT OF BENEFITS
Payments for medical expenses will be paid directly to a physician
or other health care provider if we receive a written assignment
signed by the covered person to whom such benets are payable.
PART B2 — PERSONAL INJURY PROTECTION
COVERAGE
INSURING AGREEMENT
A. We will pay Personal Injury Protection benets because of
bodily injury:
1. Resulting from a motor vehicle accident; and
2. Sustained by a covered person.
Our payment will only be for losses or expenses incurred
within three years from the date of accident.
B. Personal Injury Protection benets consist of:
1. Reasonable expenses incurred for necessary medical and
funeral services.
2.I. Eighty percent of a covered person’s loss of income from
employment. These benets apply only if, at the time of
the accident, the covered person
a. Was an income producer; and
b. Was in an occupational status.
These benets do not apply to any loss after the covered
person dies.
II. Loss of income is the difference between
a. income which would have been earned had the
covered person not been injured; and
b. the amount of income actually received from
employment during the disability.
III. If the income being earned as of the date of accident
is a salary or xed remuneration, it shall be used in
determining the amount of income which would have
been earned. Otherwise, the average monthly income
earned during the period (not more than 12 months)
preceding the accident shall be used.
3. I. Reasonable expenses incurred for obtaining services.
These services must replace those a covered person
would normally have performed:
a. Without pay;
b. During a period of disability; and
c. For the care and maintenance of the family or
household.
II.These benets apply only if, at the time of the accident,
the covered person:
a. Was not an income producer; and
b. Was not in an occupational status.
The benets do not apply to any loss after the covered
person dies.
C. “Covered person” as used in this Part means:
1. You or any family member:
a. While occupying; or
b. When struck by;
a motor vehicle designed for use mainly on public roads
or a trailer of any type.
2. Any other person while occupying your covered auto
with your permission.
VIC-TX-89-0002 (09/2012)Page 5
EXCLUSIONS
We do not provide Personal Injury Protection Coverage for any
person for bodily injury sustained:
1. In an accident caused intentionally by that person.
2. By that person while in the commission of a felony.
3. By that person while attempting to elude arrest by a law
enforcement ofcial.
4. While occupying, or when struck by, any motor vehicle (other
than your covered auto) which is owned by you.
5. By a family member while occupying, or when struck by any
motor vehicle (other than your covered auto) which is owned
by a family member.
LIMIT OF LIABILITY
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. Covered persons;
2. Claims made;
3. Vehicles or premiums shown in the Declarations; or
4. Vehicles involved in the accident.
OTHER INSURANCE
If there is other Personal Injury Protection Insurance, we will pay
only our share. Our share is the proportion that our limit of liability
bears to the total of all applicable limits. However, any insurance
we provide with respect to a vehicle you do not own shall be
excess over any other collectible Personal Injury Protection
Insurance.
ASSIGNMENT OF BENEFITS
Payments for medical expenses will be paid directly to a physician
or other health care provider if we receive a written assignment
signed by the covered person to whom such benets are payable.
OTHER PROVISIONS
A. Loss Payments. Benets are payable:
1. Not more frequently than every two weeks; and
2. Within 30 days after satisfactory proof of claim is
received.
B. Modication. The General Provision part of this policy entitled
“Our Right To Recover Payment” does not apply to this
coverage except we shall have a right of subrogation against
any person causing or contributing to the accident if, on the
date of loss, nancial responsibility as required by Chapter
601, Transportation Code, has not been established for a motor
vehicle involved in the accident and operated by that person.
PART C — UNINSURED/UNDERINSURED MOTORISTS
COVERAGE
INSURING AGREEMENT
A. We will pay damages which a covered person is legally
entitled to recover from the owner or operator of an uninsured
motor vehicle because of bodily injury sustained by a covered
person, or property damage, caused by an accident.
The owner’s or operator’s liability for these damages must arise
out of the ownership, maintenance or use of the uninsured
motor vehicle.
Any judgment for damages arising out of a suit brought
without our written consent is not binding on us. If we and
you do not agree as to whether or not a vehicle is actually
uninsured, the burden of proof as to that issue shall be on us.
B. “Covered person” as used in the Part means:
1. You or any family member;
2. Any other person occupying your covered auto; or
3. Any person for damages that person is entitled to recover
because of bodily injury to which this coverage applies
sustained by a person described in B.1. or B.2. above.
C. “Property Damage” as used in this Part means injury to,
destruction of or loss of use of:
1. Your covered auto, not including a temporary substitute
auto.
2. Any property owned by a person listed in B.1. or B.2. of
covered person while contained in your covered auto.
3. Any property owned by you or any family member while
contained in any auto not owned, but being operated, by
you or any family member.
D. I. “Uninsured motor vehicle” means a land motor vehicle of
trailer of any type,
1. To which no bodily injury liability bond or policy applies
at the time of the accident,
2. Which is a hit and run vehicle whose operator or owner
cannot be identied and which hits:
a. You or any family member;
b. A vehicle which you or any family member are
occupying; or
c. Your covered auto.
3. To which a liability bond or policy applies at the time of
the accident but the bonding or insuring company:
a. Denies coverage; or
b. Is or becomes insolvent.
4. Which is an underinsured motor vehicle. An underinsured
motor vehicle is one to which a liability bond or policy
applies at the time of the accident but its limit of liability
either:
a. Is not enough to pay the full amount the covered
person is legally entitled to recover as damages; or
b. Has been reduced by payment of claims to an
amount which is not enough to pay the full amount
the covered person is legally entitled to recover as
damages.
II. However, “uninsured motor vehicle” does not include
any vehicle or equipment;
1. Owned by or furnished or available for the regular use of
you or any family member.
2. Owned or operated by a self-insurer under any applicable
motor vehicle law.
3. Owned by any governmental body unless:
a. The operator of the vehicle is uninsured; and
b. There is no statute imposing liability for damage
because of bodily injury or property damage on the
governmental body for an amount not less than the
limit of liability for this coverage.
4. Operated on rails or crawler treads.
5. Designed mainly for use off public roads while not on
public roads.
6. While located for use as a residence or premises.
EXCLUSIONS
A. We do not provide Uninsured/Underinsured Motorists
Coverage for any person:
1. For bodily injury sustained while occupying, or when
VIC-TX-89-0002 (09/2012)Page 6
struck by, any motor vehicle or trailer of any type
owned by you or any family member which is not
insured for this coverage under this policy.
2. If that person or the legal representative settles the claim
without our written consent.
3. When your covered auto is:
a. Being used to carry persons for a fee; this does
not apply to a share-the-expense car pool; or
b. Being used to carry property for a fee; this does
not apply to you or any family member unless the
primary usage of the vehicle is to carry property for a
fee; or
c. Rented or leased to another; this does not apply
if you or any family member lends your covered
auto to another for reimbursement of operating
expenses only.
4. For the rst $250 of the amount of damage to the property
of that person as the result of any one accident.
5. Using a vehicle without a reasonable belief that the person
is entitled to do so. This exclusion does not apply to you or
any family member while using your covered auto.
6 For bodily injury or property damage resulting from the
intentional acts of that person.
B. This coverage shall not apply directly or indirectly to benet:
1. Any insurer or self-insurer under any workers’
compensation, disability benets or similar law;
2. Any insurer of property.
LIMIT OF LIABILITY
A.I. If separate limits of liability for bodily injury and property
damage liability are shown in the Declarations for this
coverage the limit of liability for “each person” for bodily
injury liability is our maximum limit of liability for all
damages for bodily injury sustained by any one person in any
one motor vehicle accident. Subject to this limit for “each
person,” the limit of liability shown in the Declarations for
“each accident” for bodily injury liability is our maximum
limit of liability for all damages for bodily injury resulting
from any one motor vehicle accident. The limit of liability
shown in the Declarations for “each accident” for property
damage liability is our maximum limit of liability for all
damages to all property resulting from any one motor vehicle
accident. If the limit of liability shown in the Declarations
for this coverage is for combined bodily injury and property
damage liability, it is our maximum limit of liability for all
damages resulting from any one motor vehicle accident.
This is the most we will pay regardless of the number of:
a. Covered persons;
b. Claims made;
c. Policies or bonds applicable;
d. Vehicles or premium shown in the Declarations; or
e. Vehicles involved in the accident.
II. Subject to this maximum, our limit of liability will be the
lesser of;
a. The difference between the amount of a covered person’s
damages for bodily injury or property damage and the
amount paid or payable to that covered person for such
damages, by or on behalf of persons or organizations who
may be legally responsible; and
b. The applicable limit of liability for this coverage.
B. In order to avoid insurance benets payments in excess of
actual damages sustained, subject only to the limits set out
in the Declarations and other applicable provisions of this
coverage, we will pay all covered damages not paid or payable
under any workers’ compensation law, disability benets law,
any similar law, auto medical expense coverage or Personal
Injury Protection Coverage.
C. Any payment under this coverage to or for a covered person
will reduce any amount that person is entitled to recover for
the same damages under the Liability Coverage of this policy.
OTHER INSURANCE
A. If there is other applicable similar insurance we will pay only
our share of the loss. Our share is the proportion that our limit
of liability bears to the total of all applicable limits. However,
any insurance we provide with respect to a vehicle you do not
own shall be excess over any other collectible insurance.
B. For any property damage to which the Coverage for Damage
to Your Auto of this policy (or similar coverage from another
policy) and this coverage both apply, you may choose the
coverage from which damages will be paid. You may recover
under both coverages, but only if:
1. Neither one by itself is sufcient to cover the loss;
2. You pay the higher deductible amount (but you do not
have to pay both deductibles); and
3. You will not recover more than the actual damages.
PART D — COVERAGE FOR DAMAGE TO YOUR AUTO
INSURING AGREEMENT
A. We will pay for direct and accidental loss to your covered
auto, including its equipment less any applicable deductible shown
in the Declarations. However, we will pay for loss caused by
collision only if the Declarations indicate that Collision Coverage
is provided.
B. “Collision” means the upset, or collision with another object of
your covered auto. However, loss caused by the following are not
considered “collision”:
1. Missiles or falling objects; 6. Hail, water or ood;
2. Fire; 7. Malicious mischief or vandalism;
3. Theft or larceny; 8. Riot or civil commotion;
4. Explosion or earthquake; 9. Contact with bird or animal; or
5. Windstorm; 10. Breakage of glass.
If breakage of glass is caused by a collision or if loss is caused by
contact with a bird or animal, you may elect to have it considered a
loss caused by collision.
TRANSPORTATION EXPENSES
In addition, we will pay up to $20 per day, to a maximum of $600
for transportation expenses incurred by you. This applies only in
the event of the total theft of your covered auto. We will pay only
transportation expenses incurred during the period:
1. Beginning 48 hours after the theft; and
2. Ending when your covered auto is returned to use or we pay
for its loss.
EXCLUSIONS
We do not pay for:
1. Loss to your covered auto while it is:
a. being used to carry persons for a fee; this does not apply to
a share-the-expense car pool; or
b. being used to carry property for a fee; this does not apply to
you or any family member unless the primary usage of the
vehicle is to carry property for a fee; or
VIC-TX-89-0002 (09/2012)Page 7
c. rented or leased to another; this does not apply if you or
any family member lends your covered auto to another
for reimbursement or operating expenses only.
2. Damage due and conned to:
a. wear and tear;
b. freezing;
c. mechanical or electrical breakdown or failure; or
d. road damage to tires.
This exclusion does not apply if the damage results from the
total theft of your covered auto.
3. Loss due to or as a consequence of
a. radioactive contamination;
b. discharge of any nuclear weapon (even if accidental);
c. war (declared or undeclared);
d. civil war;
e. insurrection; or
f. rebellion or revolution.
4. Loss of stereos, radios and other sound reproducing
equipment. This exclusion (4.) does not apply if the equipment
is permanently installed in your covered auto.
5. Loss of tapes, records or other devices for use with equipment
designed for the reproduction of sound.
6. Loss of camper body or trailer not shown in the Declarations.
This exclusion (6.) does not apply to a camper body or trailer
you:
a. acquire during the policy period; and
b. notify us within thirty days after you become the owner.
7. Loss to any vehicle while used as temporary substitute for a
vehicle you own which out of normal use because of its:
a. breakdown;
b. repair;
c. servicing;
d. loss; or
e. destruction
8. When in or upon any trailer, loss to:
a. TV antennas;
b. awnings or cabanas; or
c. equipment designed to create additional living facilities.
9. Loss to any of the following or their accessories:
a. citizens band radio;
b. two-day mobile radio;
c. telephone;
d. scanning monitor receiver; or
e. any device or instrument used for detection of radar or
other speed measuring equipment.
This exclusion (9.) does not apply if the equipment is
permanently installed in the opening of the dash or console
of the auto. This opening must be normally used by the auto
manufacturer for the installation of a radio.
10. Loss of any custom furnishing or equipment in or upon any
pickup or van. Custom furnishings or equipment include but
are not limited to:
a. special carpeting and insulation, furniture, bars or
television receivers;
b. facilities for cooking and sleeping;
c. height-extending roofs; or
d. custom murals, paintings or other decals or graphics.
This exclusion (10.) does not apply if the value of the custom
furnishings or equipment has been reported to us prior to a loss
and included in the premium for this coverage.
11. Loss due to or as a consequence of a seizure of your covered
auto by federal or state law enforcement ofcers as evidence
in a case against you by the Texas Controlled Substances Act
or the Federal Controlled Substances Act if you are convicted
in such case.
LIMIT OF LIABILITY
Our limit of liability for loss will be the lesser of the:
1. Actual cash value of the stolen or damaged property;
2. Amount necessary to repair or replace the property with other
of like kind and quality; or
3. Amount stated in the Declarations of this policy.
The most we will pay for loss to equipment listed in Exclusion 4.
is $1,500. Our payment for loss will be reduced by any applicable
deductible shown in the Declarations.
At the mutual agreement of you and us, we will not apply the
applicable deductible for a glass loss if the glass is repaired rather
than replaced.
PAYMENT OF LOSS
We may pay for loss in money or repair or replace the damaged or
stolen property. We may, at our expense, return any stolen property
to:
1. You; or
2. The address shown in this policy.
If we return stolen property we will pay for any damage resulting
from the theft. We may keep all or part of the property at an agreed
or appraised value.
NO BENEFIT TO BAILEE
This insurance shall not directly or indirectly benet any carrier or
other bailee for hire.
OTHER INSURANCE
A. If other insurance also covers the loss we will pay only our
share of the loss. Our share is the proportion that our limit of
liability bears to the total of all applicable limits.
B. For any loss to which Uninsured/Underinsured Motorists
Coverage (from this or any other policy) and this coverage both
apply, you may choose the coverage from which damages will be
paid.
You may recover under both coverages but only if:
1. Neither one by itself is sufcient to cover the loss;
2. You pay the higher deductible amount (but you do not
have to pay both deductibles); and
3. You will not recover more than the actual damages.
APPRAISAL
If we and you do not agree 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 an
umpire. The appraisers will state separately the actual cash value
and the 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:
1. Pay its chosen appraiser; and
2. Bear the expense of the appraisal and umpire equally.
We do not waive any of our rights under this policy by
agreeing to an appraisal.
VIC-TX-89-0002 (09/2012)Page 8
PART E — DUTIES AFTER AN ACCIDENT OR LOSS
GENERAL DUTIES
A. We must be notied promptly of how, when and where the
accident or loss happened. Notice should also include the
names and addresses of any injured persons and of any
witnesses. If we show that your failure to provide notice
prejudices our defense, there is no liability coverage under the
policy.
B. A person seeking any coverage must:
1. Cooperate with us in the investigation, settlement or
defense of any claim or suit.
2. Promptly send us copies of any notices or legal papers
received in connection with the accident or loss.
3. Submit, as often as we reasonably require, to physical
exams by physicians we select. We will pay for these
exams.
4. Authorize us to obtain:
a. medical report which are reasonably related to the
injury or damage asserted; and
b. other pertinent records.
5. When required by us:
a. submit a sworn proof of loss; and
b. submit to examination under oath.
C. Within 15 days after we receive your written notice of claim,
we must:
1. Acknowledge receipt of the claim. If our acknowledgement
is not in writing, we will keep a record of the date, manner
and content of the acknowledgement.
2. Begin any investigation of the claim.
3. Specify the information you must provide in accordance
with paragraph B. above.
We may request more information, if during the investigation
of the claim such additional information is necessary.
D. After we receive the information we request, we must notify
you in writing whether the claim will be paid or has been
denied or whether more information is needed:
1. Within 15 business days; or
2. Within 30 days if we have reason to believe the loss
resulted from arson.
E. If we do not approve payment of your claim or require more
time for processing your claim, we must:
1. Give the reasons for denying your claim, or
2. Give the reasons we require more time to process your
claim. But, we must either approve or deny your claim
within 45 days after our requesting more time.
F. In the event of a weather-related catastrophe or major natural
disaster, as dened by the Texas Department of Insurance, the
claim-handling deadlines as stated above are extended for an
additional 15 days.
G. Loss Payment
1. If we notify you that we will pay your claim, or part of
your claim, we must pay within 5 business days after we
notify you.
2. If the payment of your claim or part of your claim requires
the performance of an act by you, we must pay within 5
business days after the date you perform the act.
H. Notice of Settlement of Liability Claim
1. We will notify you in writing of any initial offer to
compromise or settle a claim against you under the
liability section of the policy. We will give you notice
within 10 days after the date the offer is made.
2. We will notify you in writing of any settlement of a claim
against you under the liability section of this policy. We
will give you notice within 30 days after the date of the
settlement.
ADDITIONAL DUTIES FOR UNINSURED/
UNDERINSURED MOTORISTS COVERAGE
A person seeking Uninsured/Underinsured Motorists Coverage
must also:
1. Promptly notify the police if a hit and run driver is involved;
2. Promptly send us copies of the legal papers if a suit is brought;
3. Take reasonable steps after loss, at our expense, to protect
damaged property from further loss; and
4. Permit us to inspect and appraise the damaged property before
its repair or disposal.
ADDITIONAL DUTIES FOR COVERAGE FOR DAMAGE
TO YOUR AUTO
A person seeking Coverage for Damage to Your Auto must also:
1. Take reasonable steps after loss, to protect your covered auto
and its equipment from further loss. We will pay reasonable
expenses incurred to do this.
2. Promptly notify the police if your covered auto is stolen; and
3. Permit us to inspect and appraise the damaged property before
its repair or disposal.
PART F — GENERAL PROVISIONS
BANKRUPCTY
Bankruptcy or insolvency of the covered person shall not relieve
us of any obligations under this policy.
CHANGES
A. This policy contains all the agreements between you and
us. Its terms may not be changed or waived except by
endorsement issued by us.
B. If a change requires a premium adjustment, we will adjust the
premium as of the effective date of change in accordance with
rules prescribed by the Texas Department of Insurance or its
successor. Changes during the policy term that may result in a
premium increase or decrease include, but are not limited to,
changes in:
1. The number, type or use classication of the insured
autos;
2. Operators using insured autos;
3. The place of principal garaging of insured autos;
4. Coverage, deductible or limits.
C. If this policy form is revised to provide more coverage without
additional premium charge, we will automatically provide the
additional coverage as of the date the revision is effective.
D. We will compute the premium at the rates in effect on each
anniversary date of the policy’s inception date for a policy
written for more than a full year.
LEGAL ACTION AGAINST US
A. No legal action may be brought against us until there has been
full compliance with all the terms of this policy. In addition,
under Liability coverage, no legal action may be brought
against us until:
1. We agree in writing that the covered person has an
obligation to pay; or
2. The amount of that obligation has been nally determined
by judgment after trial.
B. No person or organization has any right under this policy to
VIC-TX-89-0002 (09/2012)Page 9
bring us into any action to determine the liability of a covered
person.
OUR RIGHT TO RECOVER PAYMENT
A. If we make a payment under this policy and the person to or
for whom payment was made has a right to recover damages
from another we shall be subrogated to that right. That person
shall do:
1. Whatever is necessary to enable us to exercise our rights;
and
2. Nothing after loss to prejudice them.
(A release of the insurer of an underinsured motor vehicle does
not prejudice our rights.)
However, our rights in this paragraph do not apply under
Part D, against any person using your covered auto with a
reasonable belief that person is entitled to do so.
B. If we make a payment under this policy and the person to or
from whom payment is made recovers damages from another,
that person shall:
1. Hold in trust for us the proceeds of the recovery; and
2. Reimburse us to the extent of our payment. (However, we
may not claim the amount recovered from an insurer of
any underinsured motor vehicle.)
POLICY PERIOD AND TERRITORY
A. This policy applies only to accidents and losses which occur:
1. During the policy period as shown in the Declarations;
and
2. Within the policy territory.
B. The policy territory is:
1. The United States of America, its territories or
possessions;
2. Puerto Rico; or
3. Canada.
This policy also applies to loss to, or accidents involving, your
covered auto while being transported between their ports,
TERMINATION
A. Cancelation. This policy may be canceled during the policy
periods 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.
2. We may cancel by mailing at least 10 days notice to the
named insured shown in the Declarations at the address
shown in this policy.
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. If your driver’s license or motor vehicle registration
or that of:
(1) any driver who lives with you; or
(2) any driver who customarily uses your
covered auto has been suspended or revoked.
However, we will not cancel if you consent to
the attachment of an endorsement eliminating
coverage when your covered auto is being
operated by the driver whose license has been
suspended or revoked.
c. if you submit a fraudulent claim.
4. We may not cancel this policy solely on the fact that you
are an elected ofcial.
B. Non-renewal. 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 30 days before the end of the policy period.
If the policy period is other than 1 year, we will have the right
not to renew or continue if only at each anniversary of its
original effective date. We will not refuse to renew because
of a covered person’s age. We may not refuse to renew this
policy based solely on the fact that you are an elected ofcial.
C. Automatic Termination. If, at any time, 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. If we offer to renew
or continue and you or your representative do not accept,
this policy will automatically terminate at the end of the
current policy period. Failure to pay the required renewal or
continuation premium when due shall mean that you have not
accepted our offer.
D. Other Termination Provisions.
1. Proof of mailing of any notice shall be sufcient proof of
notice. We may deliver any notice instead of mailing it.
2. If this policy is canceled you may be entitled to premium
refund. If so, we will send you the refund promptly.
The premium refund, if any will be computed pro rata,
subject to policy minimum premium. However, making
or offering to make the refund is not a condition of
cancellation.
3. The effective date of cancellation stated in the notice shall
become the end of the policy period.
4. Any cancellation or restriction of coverage made without
your consent will be of no effect, except as:
a. Provided for in this termination provision under:
(1) cancelation;
(2) non-renewal; or
(3) automatic termination; or
b. Required by the Texas Department of Insurance
TRANSFER OF YOUR INTEREST IN THIS POLICY
A. Your rights and duties under this policy may not be assigned
without our written consent. However, if a named insured
shown in the Declarations dies, coverage will be provided for:
1. The surviving spouse if resident in the same household at
the time of death. Coverage applies to the spouse as if a
named insured shown in the Declarations;
2. The legal representative of the deceased person as
if a named insured shown in the Declarations. This
applies only with respect to the representative’s legal
responsibility to maintain or use your covered auto.
B. Coverage will be provided until the end of the policy period.
NOTE: Refer to Medical Payments and/or Personal Injury
Protection Coverages for Assignment of Benets.
TWO OR MORE AUTO POLICIES
If this policy and any other auto insurance policy issued to you by
us apply to the same accident, the maximum limit of our liability
under all the policies shall not exceed the highest applicable limit
of liability under one policy.
VIC-TX-89-0002 (09/2012)Page 10
In Witness’ Whereof, the company has caused this policy to be
executed and attested, but this policy shall not be valid unless
countersigned by a duly authorized representative of the company.
IMPORTANT NOTICE
NON-RENEWALS FOR NOT-AT-FAULT ACCIDENTS OR
CLAIMS (28 TAC§5.7016)
We may not use any of the following types of accidents or claims
as the only reason for refusal to renew your personal auto policy:
1. A claim involving damage from a weather-related incident
that does not involve a collision (some examples being
hail, ood, tornado, winds or hurricanes);
2. an accident or claim involving damage by contact with an
animal or a fowl;
3. an accident or claim involving damage caused by ying
gravel, missile or falling objects; however, if you have
three of these losses in an 36-month period, we may
increase your deductible to the higher of $250 of the next
available deductible increment higher than your present
deductible amount, at your renewal date;
4. a claim under towing and labor protection; however, if
you have four claims of this type in any 36-month period,
we have the option of eliminating this coverage from your
policy;
5. any other not-at-fault accident or claim unless there are
two or more of these accidents or claims in any 12-month
period.
“Refusal to renew” means our refusal to renew your personal auto
policy in the same company which originally issued the policy.
To the extent of any possible conict between this notice and the
Texas Administrative Code (28 TAC§5.7016), the latter will be
controlling.
NOTICE: The Automobile Burglary and Theft Prevention
Authority fee is payable in addition to the premium due under
his policy. This fee reimburses the insurer, as permitted by 28
TAC§5.205, for the $2.00 fee per motor vehicle year required to be
paid to the Automobile Burglary and Theft Prevention Authority
under Texas Civil Statutes, Article 4413(37), §10, which became
effective on June 6,1991 and revised September 1, 2011.
ENDORSEMENTS
510A. ADDITIONAL INSURED – LESSOR
Any liability coverage provided by this policy for your leased
auto also applies to the lessor named in this endorsement as an
additional insured. This insurance is subject to the following
additional provisions:
1. We will pay damages for which the lessor becomes
legally responsible only if the damages arise out of
acts or omissions of:
(a) you or any family member, or
(b) any other person using your leased auto except
the lessor or any employee or agent of the lessor.
2. The lessor is not responsible for paying premiums.
3. The designation of the lessor as an additional insured
shall not operate to increase our limits of liability.
Any Coverage for Damage to Your Auto provided by this policy
for your leased auto is subject to the following additional
provisions:
1. Loss of damage under Coverage for Damage to your
Auto shall be paid as interests may appear to you
and the lessor shown in this endorsement or as Loss
Payee in the Declarations.
2. This insurance covering the interest of the lessor
shall become invalid only because of your fraudulent
acts or omissions.
3. When we pay the lessor we shall, to the extent of
payment, be subrogated to the lessor’s rights of
recovery.
We reserve the right to cancel the policy as permitted by the
policy terms. The cancellation shall terminate this agreement as
to the lessor’s interest. We will give the same advance notice of
cancellation to the lessor as we give to the named insured shown in
the Declarations.
“Your leased auto” in this endorsement means:
1. an auto, shown in the Declarations or this
endorsement, which you lease for a continuous period
of at least six months under a written agreement
which requires you to provide primary insurance for
the lessor; and
2. any substitute or replacement auto furnished by the
lessor named in this endorsement.
515A. EXCLUSION OF NAMED DRIVER AND PARTIAL
REJECTION OF COVERAGES
WARNING
READ THIS ENDORSEMENT CAREFULLY!
This acknowledgement and rejection is applicable to all
renewals issued by us or any afliated insurer. However, we
must provide a notice with each renewal as follows:
“This policy contains a named driver exclusion.”
You agree that none of the insurance coverages afforded by this
policy shall apply while The Excluded Driver is operating your
covered auto or any other motor vehicle. You further agree that
this endorsement will also serve as a rejection of Uninsured /
Underinsured Motorist Coverage and Personal Injury Protection
Coverage while your covered auto or any other motor vehicle is
operated by the excluded driver.
SECRETARY
PRESIDENT
SECRETARY
PRESIDENT
VIC-TX-89-0002 (09/2012)Page 11
516B. EXCLUSION OF NAMED DRIVER AND PARTIAL
REJECTION OF COVERAGES --- LIMITED
WARNING
READ THIS ENDORSEMENT CAREFULLY!
This acknowledgement and rejection is applicable to all renewals
issued by us or any afliated insurer. However, we must provide a
notice with each renewal as follows:
“This policy contains a named driver exclusion.”
You agree that none of the insurance coverages afforded by this
policy shall apply while The Excluded Driver is operating your
covered auto or any other motor vehicle. You further agree that
this endorsement will also serve as a rejection of Uninsured/
Underinsured Motorist Coverage and Personal Injury Protection
Coverage while your covered auto or any other motor vehicle is
operated by the excluded driver.
This endorsement does not apply if you or another license driver
age 21 or over accompany the excluded driver.
522A. COVERAGE FOR DAMAGE TO YOUR AUTO -
SPECIFIED CAUSES OF LOSS
We will pay for direct and accidental loss to your covered auto
including its equipment, less any applicable deductible, caused by
the following specied causes of loss:
(a) re, lightning or explosion;
(b) theft;
(c) the sinking, burning, collision or derailment
of any vessel or vehicle in or upon which
your auto is being transported;
(d) windstorm, hail, or earthquake;
(e) ood;
(f) mischief or vandalism;*
(g) collision.
However, we will pay for loss caused by collision only if the
declarations indicate that Collision Coverage is provided.
The provisions and exclusions that apply to Coverage for Damage
to Your Auto also apply except as amended by this endorsement.
* $25 Deductible applies to Mischief or Vandalism
523C. RENTAL REIMBURSEMENT COVERAGE
The provisions and exclusions that apply to Coverage for Damage
to Your Auto also apply to this endorsement except as changed by
this endorsement. No deductible applies to this coverage.
When there is a loss to your covered auto described in the
Declarations or Schedule for which a specic premium charge
indicates that Rental Reimbursement Coverage is afforded:
We will reimburse you for expenses you incur to rent a substitute
auto. We will pay up to the limits described in the schedule. This
coverage applies only if:
1. Your covered auto is withdrawn from use for more
than 24 hours, and
2. The loss to your covered auto is covered under
Coverage for Damage to Your Auto of this policy.
When there is a total theft of the auto, the limit of $20 per day
(maximum of $600) provided under Coverage For Damage To
Your Auto will be supplemented to the extent the limits in the
above Schedule exceed that $20 per day limit.
Our payment will be limited to that period of time reasonably
required to repair or replace the auto.
524A. TOWING AND LABOR COSTS COVERAGE
We will pay towing and labor costs incurred each time your
covered auto is disabled up to the amount shown in the Schedule
or in the Declarations as applicable to that vehicle. We will only
pay for labor performed at the place of disablement. This coverage
applies only to your covered auto for which a premium charge is
shown in the Declarations for Towing and Labor Costs Coverage.
530A. LOSS PAYABLE CLAUSE
Loss or damage under Coverage for Damage to Your Auto shall
be paid as interest may appear to you and the loss payee shown in
the declarations. This insurance covering the interest of the loss
payee shall not become invalid because of your fraudulent acts or
omissions, unless the loss results from your conversion, secretion
or embezzlement of your covered auto. However, we reserve
the right to cancel the policy as permitted by policy terms and the
cancellation shall terminate this agreement as to the loss payee’s
interest. We will give the same advance notice of cancellation
to the loss payee as we give to the named insured shown in the
declarations.
When we pay the loss payee we shall, to the extent of payment, be
subrogated to the loss payee’s rights of recovery.
571A. FINANCIAL RESPONSIBILITY CERTIFICATION
(SR-22 Filings)
For the additional premium shown in the Declarations of the
policy we certify this policy as proof of nancial responsibility as
required by the Texas Motor Vehicle Safety Responsibility Act. If
this policy is cancelled or terminated, we will give written notice
to the Texas Department of Public Safety in accordance with the
provisions of the Texas Motor Vehicle Safety Responsibility Act
prior to the date of such cancellation or termination.
551. MEXICO COVERAGE- LIMITED
WARNING
READ THIS ENDORSEMENT CAREFULLY!
Auto accidents in Mexico are subject to the laws of Mexico
only—NOT the laws of the United States of America. Unlike
the United States, the Republic of Mexico considers an auto
accident a CRIMINAL OFFENSE as well as a civil matter.
In some cases, the coverage under this endorsement may NOT be
recognized by Mexican authorities and the company may not be
allowed to implement this coverage at all in Mexico. You should
consider purchasing auto coverage from a licensed Mexican
Insurance Company before driving into Mexico.
This endorsement does not apply to trips into Mexico that exceed
25 miles from the boundary of the United States of America.
VIC-TX-89-0002 (09/2012)Page 12
The coverages for your covered auto provided by this policy are
extended to accidents occurring in Mexico within 25 miles of the
United States border. This extension only applies for infrequent
trips into Mexico that do not exceed ten days at any one time.
Additional Exclusions
We do not provide any coverage:
1. if your covered auto is not principally garaged and
used in the United States; and
2. to any covered person who does not live in the United
States.
Special Conditions
1. Other Insurance. The insurance we provide by this
endorsement will be excess over any other collectible
insurance.
2. Losses Payable Under Coverage for Damage to Your
Auto. We will pay losses under Coverage for Damage to
Your Auto in the United States, not in Mexico. If your
covered auto must be repaired in Mexico in order to be
driven, we will not pay more than the actual cash value
of such loss at the nearest United States point where the
repairs can be made.
573A. SUPPLEMENTARY DEATH BENEFIT
Coverage under this endorsement is provided and payable only
when other benets are paid or payable under: Personal Injury
Protection Coverage, Medical Payments Coverage and/or Auto
Death Indemnity as afforded by this policy. This coverage is
subject to the provisions of Personal Injury Protection Coverage,
Medical Payments Coverage and/or Auto Death Indemnity except
as limited by this endorsement.
It is agreed that Medical Payments Coverage, Personal Injury
Protection Coverage and/or Auto Death Indemnity are extended to
add the following:
COMPLAINT NOTICE:
Should any dispute arise about your premiums or about a claim
you have led, contact the agent or write the company that issued
the policy. If the problem is not resolved, your may also write the
State Board of Insurance, P.O. Box149104, Austin, Texas 78714-
9104. This notice of complaint procedure is for information only
and does not become a part or condition of this policy.
VIC-TX-89-0002 (09/2012)Page 13
ATX-AME-001 (02/2020)
VISION INSURANCE COMPANY
TEXAS PERSONAL AUTO POLICY AMENDMENT
Your policy is amended as follows:
I. With respect to the DEFINITIONS section of the policy, the following is added:
“Temporary vehicle” includes a vehicle that is loaned or provided to a covered person by an
automobile repair facility for the covered person’s use while the covered person’s vehicle is at the
facility for service, repair, maintenance, or damage or to obtain an estimate and is:
1. in the lawful possession of the covered person or family member;
2. not owned by the covered person, any family member, or any other person residing in your
household; and
3. operated by or in the possession of the covered person or family member until the vehicle is
returned to the repair facility.
II. PART A – LIABILITY COVERAGE, Exclusion A.3. is replaced by the following:
3. I. For damage to property:
a. rented to;
b. used by; or
c. in the care of; that person.
II. This exclusion (3.I.) does not apply to:
a. damages to:
(1) a residence or private garage; or
(2) any of the following type vehicles not owned by or furnished or available for the
regular use of you or any family member:
(a) private passenger autos;
(b) trailers; or
(c) pickups or vans.
b. a temporary vehicle that is:
(1) a private passenger auto; or
(2) a pickup, utility vehicle or van that has a Gross Vehicle Weight Rating of 14,000 lbs.
or less that is not used for the delivery or transportation of goods, materials, or
supplies, other than samples, unless:
(a) the delivery of the goods, materials, or supplies is not the primary use for which
the vehicle is employed; or
(b) the vehicle is used for farming or ranching.
However, the exclusion (3.I.). does apply to a loss due to or as a consequence of a seizure of an
auto listed in 3.II.a.(2) above by federal or state law enforcement officers as evidence in a case
against you under the Texas Controlled Substances Act or the federal Controlled Substances Act
if you are convicted in such case.
III. PART A – LIABILITY COVERAGE, Exclusion A.5. is replaced by the following:
5. For that person's liability arising out of the ownership or operation of a vehicle while it is:
a. being used to carry persons for a fee; this does not apply to a share-the-expense car pool; or
b. being used to carry property for a fee; this does not apply to:
(1) you or any family member unless the primary usage of the vehicle is to carry property for
a fee; or
(2) a temporary vehicle that is:
(a) a private passenger auto; or
(b) a pickup, utility vehicle or van that has a Gross Vehicle Weight Rating of 14,000 lbs.
or less that:
i. is not used primarily for the delivery or transportation of goods, materials or
supplies, other than samples; or
ATX-AME-001 (02/2020)
ii. is used for farming or ranching; or
c. rented or leased to another; this does not apply if you or any family member lends your
covered auto to another for reimbursement or operating expenses only.
IV. PART A – LIABILITY COVERAGE, OTHER INSURANCE is replaced by the following:
OTHER INSURANCE
A. If there is other applicable liability insurance, we will pay only our share of the loss. Our share is
the proportion that our limit of liability bears to the total of all applicable limits. However, any
liability insurance we provide to a covered person for the maintenance or use of a vehicle you
do not own shall be excess over any other applicable liability insurance, unless Paragraph B.
applies.
B. We provide primary liability coverage for a temporary vehicle provided to a covered person,
any family member or any other licensed operator residing in your household that is:
1. a private passenger auto; or
2. a pickup, utility vehicle or van that has a Gross Vehicle Weight Rating of 14,000 lbs. or less
that:
a. is not used primarily for the delivery or transportation of goods, materials or supplies,
other than samples; or
b. is used for farming or ranching.
If there is other applicable liability insurance considered as primary, our share of the loss is the
proportion that our limit of liability bears to the total of all applicable limits.
V. PART E – DUTIES AFTER AN ACCIDENT OR LOSS
GENERAL DUTIES
Item B.5.b. is revised as follows:
B. A person seeking any coverage must:
5. When required by us:
b. submit to examination under oath. If an examination under oath of a minor is required,
a parent or guardian may be present.
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