Welcome To Direct Auto Insurance!: PO Box 3199 Winston Salem, NC 27102-3199
Welcome To Direct Auto Insurance!: PO Box 3199 Winston Salem, NC 27102-3199
Your agent will communicate under separate letter your payment options. Your pay in full payment is due 16 days from the
policy effective date. Failure to pay this installment on time will lead to the cancellation of your policy. Please make sure
you do not have an outstanding balance prior to policy effective date. Contact your agent if you have any questions.
Thank you again for choosing Direct Auto Insurance. We appreciate your business!
The types of personal information we collect and share depend on the product or service you
have with us. This information can include:
Name, phone number, home and email addresses, and other contact information, marital
What? status, and family member information
Social Security number, driver’s license number, and driving records
Healthcare information, customer files including claims and transaction history, credit
information and credit scores
Financial companies need to share customers’ and former customers’ personal information to run
their everyday business. In the section below, we list the reasons companies can share their
How? customers’ personal information; the reasons NGIG chooses to share; and whether you can limit
this sharing.
Does NGIG Can you limit
Reasons we can share your personal information
share? this sharing?
For our everyday business purposes— such as to process your
transactions, maintain your account(s), respond to court orders and legal Yes No
investigations, prevent fraud, or report to credit bureaus
For our marketing purposes— to offer our products and services to you Yes No
For joint marketing with other financial companies Yes No
For our affiliates’ everyday business purposes—
Yes No
information about your transactions and experiences
For our affiliates to market to you Yes Yes
For nonaffiliates to market to you Yes Yes
Mail the form below to Direct Auto Insurance, PO Box 3199, Winston-Salem, NC 27102-3199.
Please note: If you are a new customer, we can begin sharing your information 30 days from the
To limit our date we sent this notice. When you are no longer our customer, we continue to share your
sharing information as described in this notice. However, you can contact us at any time to limit our
sharing. If you have previously opted out for this policy, your request remains on file, and
you do not need to opt out again.
Who we are
Who is NGIG includes: Adirondack Insurance Exch., Agent Alliance Ins. Co., Century-National Ins. Co.,
providing this Direct General Insurance Co., Direct General Ins. Co. of MS, Direct General Life Insurance Co.,
notice? Direct Insurance Co., Direct National Insurance Co., ECMI Auto Insurance Co., Encompass
Floridian Indemnity Co., Encompass Floridian Insurance Co., Encompass Home & Auto Insurance
Co., Encompass Indemnity Co., Encompass Independent Ins. Co., Encompass Insurance Co.,
Encompass Ins. Co. of America, Encompass Ins. Co. of MA, Encompass Ins. Co. of NJ, Encompass
Property & Casualty Co., Encompass Property & Casualty Ins. Co. of NJ, Imperial Fire & Casualty
Ins. Co. (IFCIC), Integon Casualty Insurance Co., Integon General Insurance Corp., Integon
Indemnity Corp. (IIC), Integon National Insurance Co. (INIC), Integon Preferred Insurance Co.,
MIC General Insurance Corp., Mountain Valley Indemnity Co., National Farmers Union Property &
Casualty Co., National General Assurance Co., National General Insurance Co. (NGIC), National
General Insurance Online, Inc., National General Motor Club, Inc., National General Premier
Insurance Co., New Jersey Skylands Insurance Assoc., New South Insurance Co., Safe Auto
Choice Insurance Co., Safe Auto Group Agency, Inc., Safe Auto Insurance Co., Safe Auto Value
Insurance Co., Standard Property & Casualty Ins. Co., and Home State County Mutual Ins. Co.
(administered by IFCIC, IIC., INIC, or NGIC).
We also collect your personal information from others, such as affiliates, credit
bureaus, and insurance support organizations (which may retain and share your
information with others).
Why can’t I limit all sharing? Federal and state law gives you the right to limit
Affiliates from using your information to market to you
Sharing for nonaffiliates to market to you
State laws may give you additional rights to limit sharing. See below for more on
those rights.
How else does NGIG use We will also disclose your personal information without notice when necessary to: (a)
and share personal to comply with the law or requests from regulatory and law enforcement authorities;
information? (b) protect and defend our customers, rights or property; (c) act under exigent
circumstances to protect the personal safety of our customers or the public; (d)
transfer corporate ownership; (e) conduct research, actuarial studies or audits; and
(f) for an insurance institution, producer, medical institution/
professional or support organization to process insurance claims, verify coverage or
benefits or perform other insurance functions. We will not use your medical
information for marketing purposes without your consent.
What happens when I limit Your choices will apply to everyone on your account.
sharing for an account I hold
jointly with someone else?
How can I review or correct You may access your recorded personal information under our possession and
my data? request a correction, amendment, or deletion of such recorded personal information
by contacting us at 877-463-4732.
Definitions
Affiliates Companies related by common ownership or control including Allstate insurance
companies offering home, auto and business insurance; Allstate Assurance
Company and its life and retirement affiliates; Allstate Financial Services; Allstate
Benefits and Allstate Health Solutions companies offering health products; Allstate
and Signature roadside services and motor club companies; Allstate Dealer
Services; Castle Key Insurance Co. and Castle Key Indemnity Co.; North Light
Specialty Insurance Co.; Allstate Protection Plans; Allstate Identity Protection; Avail;
Arity and underwriting and other companies that now or in the future control, are
controlled by, or are under common control with the Allstate Corporation.
Nonaffiliates Companies not related by common ownership or control. They can be financial and
nonfinancial companies.
Joint Marketing A formal agreement between nonaffiliated financial companies that together market
financial products or services to you.
email: [email protected].
Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not
disclose your personal information, financial information, credit report, or health information to nonaffiliated third
parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those
disclosures.
National General Insurance Group reserves the right to change our privacy practices, procedures, and terms.
Your Rights
You have the right to restrict the sharing of personal and financial information with outside companies
that we do business with. Nothing in this form prohibits the sharing of information necessary for us to
follow the law, as permitted by law, or to give you the best service on your accounts with us. This
includes sending you information about some other products or services.
Unless you say “No,” we may share personal information about you with our affiliates or outside
companies to market to you.
NO, please do not share personal information with your affiliated companies or outside companies to
market to me.
TO USE THIS FORM, PLEASE PROVIDE ALL OF THE FOLLOWING INFORMATION TO ALLOW US
TO PROCESS YOUR REQUEST:
Signature:
To exercise your choice, fill out, sign and mail this form to:
Direct Auto Insurance
PO Box 3199
Winston-Salem, NC 27102-3199
Thank you for insuring with us! Here are your identification cards for proof of insurance.
ALABAMA AUTOMOBILE INSURANCE CARD KEEP THIS CARD IN YOUR MOTOR VEHICLE
Direct General Insurance Company NAIC NUMBER Report all accidents immediately to:
PO Box 3199 Winston Salem, NC 27102-3199 42781 Direct Auto Insurance
INSURED POLICY NUMBER Toll free at: 800-403-1077 Glass Claims:
Alexandra Stoian 2019876228 Customer Service : 877-463-4732
2044 Dialsdale Ln Sw EFFECTIVE DATE
Cullman, AL 35055 This card is satisfactory evidence of financial responsibility for this
8/29/2023
motor vehicle.
EXPIRATION DATE
8/29/2024
▲
Cut On Solid Line – Fold On Dotted Line
IDENDS
Policy Number: Date of Notice
2019876228 08/28/2023 09:00 PM
PO Box 3199 ● Winston Salem, NC 27102-3199 Named Insured:
ALEXANDRA STOIAN
Discounts Applied
Policy Level
Accident Free Claims Free
Credit Zip Match Discount
New Business Discount
Paperless Discount
Surcharges Applied
Driver Level
#1 Unverifiable Driving Record Surcharge PPA
10039AL (04012019)
Additional Policy Information
Insured email: [email protected]
Tier: 1
Authorized Signature
10039AL (04012019)
UNDERWRITING NOTICE
01815 (03012019)
If you have any questions concerning our use of your consumer report information, please call us at 877-463-4732.
01815 (03012019)
Alabama
Personal Automobile Policy
WARNINGS:
UNDISCLOSED DRIVERS - If a person who resides with
you or who is a regular operator of your covered auto(s) 5630 University Parkway ● PO Box 3199
is not listed on your declarations page as a driver, Winston-Salem NC 27102-3199
coverage may not apply for that driver you did not
disclose. If you want coverage to apply, you must ask Direct General Insurance Company
us or your agent to add that person to your policy.
PERMISSIVE DRIVERS COVERAGE LIMITATION - Under
this policy, a permissive driver is only covered up to the
minimum limits required by the Alabama Motor Vehicle
Safety-Responsibility Act. In addition, Part D - Coverage
for Damage to Your Auto does not apply to permissive
drivers.
12384 (07012021)
PERSONAL AUTOMOBILE POLICY
Read your Policy carefully. Provisions of this contract and its endorsements (if any) restrict coverage. Be certain you
understand all of the coverage terms, the exclusions, and your rights and duties.
Table of Contents
AGREEMENT ........................................................... 1 PART D – COVERAGE FOR DAMAGE
TO YOUR AUTO .................................................... 17
DEFINITIONS ........................................................... 1
INSURING AGREEMENT-
DUTIES AFTER AN ACCIDENT OR LOSS ............... 5 COLLISION COVERAGE ....................................17
GENERAL DUTIES ............................................... 5 INSURING AGREEMENT-
ADDITIONAL DUTIES FOR COVERAGE COMPREHENSIVE COVERAGE........................17
FOR DAMAGE TO YOUR AUTO .......................... 6 CHILD RESTRAINTS ..........................................17
PART A - LIABILITY COVERAGE ............................ 6 TOWING AND LABOR COVERAGE...................17
INSURING AGREEMENT ..................................... 6 TRANSPORTATION EXPENSE
COVERAGE – TOTAL THEFT ............................18
ADDITIONAL DEFINITIONS FOR
PART A - LIABILITY COVERAGE ........................ 6 RENTAL REIMBURSEMENT COVERAGE ........18
SUPPLEMENTARY PAYMENTS .......................... 7 CUSTOMIZED EQUIPMENT
AND PARTS COVERAGE ...................................19
EXCLUSIONS ....................................................... 7
ADDITIONAL DEFINITIONS FOR
LIMIT OF LIABILITY .............................................. 9 PART D – COVERAGE FOR
OUT OF STATE COVERAGE ............................. 10 DAMAGE TO YOUR AUTO .................................19
EXCLUSIONS ......................................................20
FINANCIAL RESPONSIBILITY ........................... 10
LIMIT OF LIABILITY ............................................22
OTHER INSURANCE .......................................... 10
PAYMENT OF LOSS ...........................................23
PART B – MEDICAL PAYMENTS COVERAGE ...... 10
PERMISSION TO RELEASE VEHICLE ..............24
INSURING AGREEMENT ................................... 10
NO BENEFIT TO BAILEE ...................................24
ADDITIONAL DEFINITIONS FOR PART B –
OTHER SOURCES OF RECOVERY ..................24
MEDICAL PAYMENTS COVERAGE .................. 11
APPRAISAL .........................................................24
EXCLUSIONS ..................................................... 11
LOSS PAYABLE CLAUSE ..................................24
LIMIT OF LIABILITY ............................................ 13
PART E – GENERAL PROVISIONS ....................... 24
PAYMENT OR ASSIGNMENT
OF BENEFITS ..................................................... 13 ADDITIONAL DEFINITIONS FOR
PART E – GENERAL PROVISIONS ...................24
OTHER INSURANCE .......................................... 13
BANKRUPTCY ....................................................25
PART C - UNINSURED MOTORIST CHANGES ...........................................................25
BODILY INJURY COVERAGE ................................ 13
SETTLEMENT OF CLAIMS ................................25
INSURING AGREEMENT ................................... 13
LEGAL ACTION AGAINST US ............................25
ADDITIONAL DEFINITIONS FOR
OUR RIGHT TO RECOVER PAYMENT .............26
PART C – UNINSURED MOTORIST
BODILY INJURY COVERAGE ............................ 13 POLICY PERIOD AND TERRITORY ..................26
ADDITIONAL DUTIES FOR OTHER PRODUCTS -
PART C – UNINSURED MOTORIST PREMIUM OR PRICE .........................................27
BODILY INJURY COVERAGE ............................ 14 POLICY TERMINATION ......................................27
EXCLUSIONS – UNINSURED MOTORIST TRANSFER OF YOUR INTEREST
BODILY INJURY COVERAGE ............................ 14 IN THIS POLICY ..................................................29
LIMIT OF LIABILITY – UNINSURED MISREPRESENTATION AND FRAUD ...............29
MOTORIST BODILY INJURY COVERAGE ........ 16 TWO OR MORE POLICIES ................................30
OTHER INSURANCE .......................................... 16 TERMS OF POLICY
TRUST AGREEMENT ......................................... 16 CONFORM TO STATUTES ................................30
HH. “Replacement auto” means an auto that you LL. “Transportation network company” or “TNC”
acquire to replace an auto shown on the means a person, corporation, partnership, sole
Declarations Page if no other insurance applies to proprietorship, or other entity operating in this State
the acquired auto and we insure all autos that you that uses a transportation network platform.
own. MM. “Transportation network platform” means any
Any coverage we provide for a replacement auto is online-enabled application, software, website,
subject to the following terms: system, or electronic or digital network used to
connect customers with drivers using vehicles for
1. On the date you become the owner of a the purpose of providing transportation or delivery
replacement auto, if coverage applies under services for compensation.
this Policy, that replacement auto will have the
same coverages as the auto shown on your NN. “Undisclosed driver” means a:
Declarations Page that is being replaced. 1. Family member;
2. The replacement auto shall be subject to the
2. Person who resides in your household; or
same deductibles that applied to the auto it
replaced. 3. Regular operator;
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12384 (07012021) Direct General Insurance Company
who has a driver’s license or permit but who is not addresses, and telephone numbers of any
listed on your Policy at the time of your application injured persons and witnesses.
or in accordance with the Changes provision under 2. All known license plate information of vehicles
Part E of this policy. involved or vehicle descriptions; and
OO. “War” means and includes: 3. All known driver’s license information of persons
1. War, declared or undeclared; involved.
C. A person, organization, or entity seeking coverage
2. Civil war;
must:
3. Insurrection; 1. Cooperate with us in the investigation,
4. Rebellion, rioting or revolution; or settlement, or defense of any claim or lawsuit
and assist us in:
5. Any consequence of any of these.
a. Making settlements;
PP. “We,” “us” and “our” refer to the Company shown
on the Declarations Page as providing this b. Obtaining or authorizing us to obtain or
secure evidence;
insurance.
c. Giving evidence;
QQ. “You” and “your” refer to:
d. Obtaining the attendance of witnesses at
1. The named insured; and
hearings and depositions; and
2. If residing in the same household at the time of e. The conduct of lawsuits.
the accident or loss:
2. Promptly send us copies of any notices or legal
a. The spouse of the named insured; or papers received in connection with the accident
b. The domestic partner of the named insured or loss. We will not pay for attorney fees or
if the domestic partnership is established costs incurred by any insured or other person
pursuant to a domestic partnership, civil without our prior written consent.
union or similar law in any state. 3. Agree to give us information and consent
RR. “Your trailer” means a non-motorized vehicle, necessary for us to comply with any statutes or
including a farm wagon or farm implement, designed government regulations that apply including, but
to be pulled on public roads by an auto if the trailer not limited to, the person’s social security
is: number.
1. Owned by you; 4. Submit as often as we require to medical or
physical exams by physicians we select. We will
2. Being towed by a covered auto;
pay for these exams.
3. Shown on the Declarations Page; and 5. Submit to examinations under oath by us or our
4. That is not insured under any other auto representative as often as we reasonably
insurance policy; require. These examinations will take place at a
And is not being used: reasonable location of our choice and outside
the presence of any witness, person, or entity
1. As a primary residence, office, store, business making a claim due to the same accident or
or for display purposes; loss, or any other person other than your
2. For commercial purposes; or attorney. We may:
3. To transport passengers. a. Also require an examination under oath
from any family member who may be able
DUTIES AFTER AN ACCIDENT OR LOSS to assist us in obtaining relevant information
even if that person is not claiming benefits
GENERAL DUTIES under this Policy; and
A. We do not provide coverage under this Policy b. Make a video and/or audio recording or any
unless you have paid the required premium when other type of recording of an examination
due. Failure to give notice as required may affect under oath.
coverage provided under this Policy. Failure to 6. Give us written and recorded statements as
comply with any of the duties in this Policy may often as we reasonably request.
result in denial of coverage and relieve us of all
7. Give us written authorization to obtain:
duties to investigate, settle, defend, pay any
judgment, or otherwise honor any claims made by a. Medical records and reports, including
an insured or against an insured. current reports, notes and test results,
records of prior medical history and
B. We must be notified promptly of how, when and
treatment, therapy records and counseling
where the accident or loss happened. Notice
records;
should include the following:
b. Credit and financial records;
1. All known facts and circumstances. This notice
to us should include all known names, c. Photographs;
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12384 (07012021) Direct General Insurance Company
d. Telephone, including cellular, text an insured is legally liable due to bodily injury or
messaging and all other telephonic property damage caused by an accident that
communication records, including billing arises out of the ownership, maintenance or use of
records; and an auto covered under this PART A. We will not pay
e. Other records we deem relevant in the damages for bodily injury or property damage
investigation or settlement of a claim. caused by a non-covered person; nor will we
8. Submit a sworn statement as proof of loss as defend or pay any cost of defense.
we require. Damages include prejudgment interest awarded in a
9. Not voluntarily assume any obligation to pay, judgment against the insured subject to our limit of
make any payment, or incur any expense for liability for this PART A.
bodily injury or property damage arising out
of an accident. Damages include punitive or exemplary damages
only if awarded pursuant to the Alabama Wrongful
10. Attend hearings and trials as we require. Death Act, as amended, otherwise we will not pay
11. Authorize us to get any information on any data, for punitive or exemplary damages.
maintenance or event recorder device installed
in a covered auto as we deem relevant to the
facts of the accident or loss. B. We will settle or defend, as we consider appropriate,
ADDITIONAL DUTIES FOR COVERAGE FOR DAMAGE any claim or suit asking for these damages. If we
TO YOUR AUTO defend, we will choose the counsel of our choice,
which may include an in-house counsel. In addition
A person seeking coverage under PART D > to our limit of liability, we will pay all defense costs
COVERAGE FOR DAMAGE TO YOUR AUTO must, in we incur. Our duty to settle or defend ends when
addition to the GENERAL DUTIES:
our limit of liability for this coverage has been
1. Promptly, but no later than twenty-four (24) exhausted by payment of judgments or by final
hours after discovery of the loss, report the theft settlement, or upon release or consent of the
or vandalism of any auto or other property insured. We have no duty to:
insured under this Policy, or its equipment or 1. Defend any suit;
parts, to the police or other local law
enforcement. 2. Settle any claim; or
2. Take reasonable steps after a loss to protect all 3. Pay any judgment;
property insured under PART D > COVERAGE for bodily injury or property damage not covered
FOR DAMAGE TO YOUR AUTO from further under this Policy.
loss. We will pay reasonable expenses incurred
ADDITIONAL DEFINITIONS FOR PART A - LIABILITY
to protect that property. Any further loss due to
COVERAGE
failure to protect will not be covered under this
Policy. A. “Insured” as used in this PART A, means:
3. Permit us to inspect and appraise all loss 1. You and any family member who does not
covered under PART D > COVERAGE FOR meet the definition of a non-covered person
DAMAGE TO YOUR AUTO before its repair or for:
disposal. a. Operation or use of any auto with the
4. Promptly report any accident or loss to the consent or permission from its owner; or
police or other local law enforcement if the b. The ownership, maintenance, or use of a
person cannot identify the owner or operator of covered auto.
an at-fault vehicle involved in the accident.
2. A rated operator for the ownership,
5. Authorize us to move the damaged auto or maintenance, or use of a covered auto.
your trailer to a storage facility of our choice at 3. A permissive driver who does not meet the
our expense. definition of a non-covered person.
6. Regarding a windshield glass claim, you must 4. For the use of a covered auto, any person or
receive our prior authorization prior to replacing organization, other than a non-covered
windshield glass on an insured car. person, but only with respect to legal liability for
acts or omissions of a person for whom
PART A - LIABILITY COVERAGE coverage is afforded under this PART A;
5. With respect to the use of an auto other than a
INSURING AGREEMENT
covered auto by you or a family member, any
A. Subject to the limit of liability shown on the person or organization to the extent of legal
Declarations Page, if you pay us the premium for liability within the limit of liability imputed due to
Liability Coverage, we will pay damages for which the negligence of you or a family member for
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12384 (07012021) Direct General Insurance Company
whom coverage is afforded under this PART A. d. Transported by; or
This provision applies only if the person or e. In the care, custody, or control of;
organization does not own or hire the auto.
you, any family member, an insured, or a
SUPPLEMENTARY PAYMENTS person residing in your household.
In addition to our limit of liability, we will pay on behalf of This exclusion does not apply to property
an insured: damage to a residence or private garage rented
1. Premiums on appeal bonds and bonds to to you or any family member.
release attachments in any lawsuit we defend 3. Bodily injury to any employee or fellow
and we choose to appeal. We have no duty to: employee of any insured arising out of and in
a. Apply for or furnish any bond; or the course of employment. This exclusion does
not apply to bodily injury to your domestic
b. Pay premium on any bond in an amount employee unless workers’ compensation,
exceeding our limit of liability. disability, or similar benefits are available or
required by law to be provided for that domestic
employee.
2. Interest accruing after a judgment is entered in
4. Liability arising out of the ownership,
any suit we defend, on that portion of the
judgment that is within our limit of liability. Our maintenance, or use of a vehicle while it is being
used:
duty to pay interest ends when we offer to pay
that part of the judgment which does not exceed a. To carry persons or property for
our limit of liability for this coverage. compensation or a fee, or as a public or
3. Reasonable loss of earnings, up to $60 per day, livery conveyance; or
incurred by an insured due to attendance at b. For ridesharing.
any deposition, hearing or trial at our request.
This exclusion does not apply to a share-the-
The insured must make a written request for
expense car pool.
loss of earnings and provide written proof of
such loss. 5. Bodily injury or property damage that occurs
4. Other reasonable expenses incurred at our while the insured is employed or otherwise
engaged in a motor vehicle business.
request.
However, this exclusion does not apply to the
5. Up to $250 for the cost of a bail bond required ownership, maintenance, or use of a covered
because of a traffic law violation resulting in auto by:
bodily injury or property damage covered by
this PART A. We have no duty to apply for, a. You; or
furnish, or secure such a bond. b. Any family member.
EXCLUSIONS 6. Bodily injury or property damage that occurs
PLEASE READ THE EXCLUSIONS CAREFULLY. IF while maintaining or using any vehicle while an
ANY EXCLUSION APPLIES, COVERAGE WILL NOT insured is employed or otherwise engaged in
BE PROVIDED FOR AN ACCIDENT OR LOSS THAT any business or occupation (other than farming
OTHERWISE WOULD BE COVERED UNDER THIS or ranching). However, if a business or artisan
POLICY. use is noted on the Declarations Page for an
auto shown on the Declarations Page, this
A. We do not provide Liability Coverage for, nor have a exclusion does not apply to the ownership;
duty to defend, for: maintenance; or use of that auto by:
1. Bodily injury or property damage:
a. You;
a. Caused intentionally by, or at the direction
b. Any family member; or
of, an insured; or
b. That is, or should be, reasonably expected c. Any partner, agent or employee of you or
to result from an intentional act of an any family member.
insured; 7. Bodily injury or property damage that occurs
even if the bodily injury or property damage while any person is using an auto without the
that results is different than that which was owner’s express or implied permission or
intended. beyond the scope of the owner’s permission.
This exclusion does not apply to you or a family
2. Property damage to any property: member when using or occupying a covered
a. Owned by; auto.
b. Rented to; 8. Bodily injury or property damage arising out
c. Used by; of the ownership, maintenance, or use of a
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12384 (07012021) Direct General Insurance Company
vehicle while it is being used in a personal 22. Bodily injury or property damage resulting
vehicle sharing program. from the use of any auto by:
9. Bodily injury to you, any family member, or a. An undisclosed driver; or
any insured. b. Any person with a revoked or suspended
10. Bodily injury or property damage resulting driver’s license or permit.
from the ownership, maintenance, or use of the If we are required by law to provide coverage
covered auto by a permissive driver. This
under either of these circumstances, such
exclusion applies only to amounts of coverage coverage shall not exceed minimum limits and
that are above the minimum limits.
such coverage shall be excess over any other
11. Bodily injury or property damage which is collectible insurance, self-insurance, or bond.
insured under a nuclear energy liability policy 22. Bodily injury or property damage arising out
or which would be insured under such a policy of the release, spill, or escape of any
but for its termination upon exhaustion of its limit hazardous material.
of liability.
23. Bodily injury to the owner of a non-owned
12. Bodily injury or property damage resulting auto when being used or driven by an insured
from the use of any vehicle while racing. person.
13. Bodily injury or property damage for which 24. Bodily injury or property damage benefits
the United States government may be found payable under the "No Fault Laws" of any state.
liable under the Federal Tort Claims Act. 25. Coverage under this PART does not extend to:
14. Bodily injury or property damage arising out a. Any auto or trailer that is rented for any
of any liability assumed by an insured under business; or
any contract, agreement, or bailment. b. Any auto or trailer that is rented for a
15. Bodily injury or property damage that results period in excess of 14 consecutive days.
from an accident or loss that occurs while the B. We do not provide Liability Coverage for, nor do we
insured is committing a crime. have a duty to defend, any insured for bodily
16. For bodily injury or property damage caused injury or property damage arising out of the
by, resulting from, or a consequence of war, ownership, maintenance, or use of:
radioactive contamination, radiation, or a
nuclear reaction, whether controlled or 1. Any vehicle which has less than four wheels or
uncontrolled or however caused. which is designed for use mainly off public roads
such as any type of all-terrain or quad vehicle,
17. Bodily injury or property damage arising out dune buggy, go-cart, or golf cart. This exclusion
of the ownership, maintenance, or use of a does not apply to your trailer.
covered auto as a residence or premises.
2. Any vehicle, other than a covered auto, that is:
18. Bodily injury or property damage arising out
of or resulting from, in whole or in part, any a. Owned by you; or
actual, alleged, or threatened migration; release; b. Furnished or available for your regular use.
existence; or presence of, or actual, alleged, or
threatened exposure to, any mold, mildew, 3. Any vehicle, other than a covered auto, that is:
fungus or other microbes. This includes any a. Owned by any family member, a rated
type or form of: (i) decomposing or operator, or a named excluded driver; or
disintegrating organic material or
microorganism; (ii) organic surface growth on b. Furnished or available for the regular use of
moist, damp, or decaying matter; (iii) yeast or any family member, a rated operator, or a
spore-bearing plant-like organism; or (iv) named excluded driver.
spores; scents; toxins; mycotoxins; bacteria; This exclusion B.3. does not apply to you.
viruses; or any other by-products produced or
released by any mold, mildew, fungus, or other 4. A covered auto that:
microbes. a. Has been rented, leased, subleased, loaned
19. Court ordered criminal restitution. or given by you or a family member to
another party in exchange for money,
20. Bodily injury or property damage resulting
anything of value, goods, services,
from the discharge of any firearm or weapon in
compensation or reimbursement, including
connection with the ownership, maintenance,
while being used in connection with a
or use of any auto.
personal vehicle sharing program.
21. Bodily injury or property damage resulting
from the use of any auto by a named excluded b. Has been given in exchange for
driver. compensation.
c. Is under a conditional sales agreement by
you to another.
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12384 (07012021) Direct General Insurance Company
d. Has been entrusted to anyone other than damages, including derivative claims, shall
you or a family member for consignment, constitute a single claim.
sale, promoting sale, subleasing, leasing,
C. The Property Damage limit of liability shown on the
renting or selling, and is no longer in your
Declarations Page for each accident is the most
possession.
we will pay for all damages due to property
This exclusion does not apply to the operation of damage sustained in any one accident. However, if
a covered auto by you, a family member, or a liability coverage under PART A is payable on
rated operator. behalf of a permissive driver, the minimum limit of
5. Any vehicle while it is being used for snow liability for property damage required by the state
removal. in which this Policy is issued is the most we will pay
for all damages due to property damage sustained
6. Any vehicle while towing a trailer that is not in any one accident.
designed for use with that vehicle.
D. If the Declarations Page indicates that a combined
7. Loading or unloading of any haul-away, tank single limit applies, the limit of liability shown is the
truck, or tank trailer when used with a vehicle most we will pay for the total of all damages,
that is not listed on the Declarations Page, including derivative claims, arising out of and due
which is owned, hired, or held for sale by an to bodily injury and/or property damage resulting
insured. from any one accident. However, if liability
C. If any exclusion under this PART A is found to be coverage under PART A is payable on behalf of a
invalid or unenforceable by a court with proper permissive driver, the most we will pay for the
jurisdiction, that exclusion shall not apply to aggregate of all damages resulting from any one
damages that are less than or equal to minimum accident is the minimum combined limit of liability
limits but the exclusion shall apply to all damages required by the state in which this Policy is issued.
in excess of the minimum limits. For the purpose of such limit of liability, all damages,
including derivative claims, shall constitute a single
LIMIT OF LIABILITY claim. However, without changing this total limit of
WARNING: If we make a payment on behalf of a liability, we will comply with any law that requires us
permissive driver, we will pay only up to the minimum to provide any separate limits.
limits required by the mandatory financial responsibility E. There will be no adding, stacking, or combining of
law in the state in which this Policy is issued regardless of coverage. The limits of liability for Bodily Injury
the limits of liability shown on the Declarations Page for Liability Coverage and Property Damage Liability
liability coverage. Coverage shown on the Declarations Page are the
A. The Bodily Injury limit of liability shown on the most we will pay as the result of any one accident,
Declarations Page for each person is the most we without regard to the number of:
will pay for damages, including derivative claims, 1. Insureds, heirs or survivors;
arising out of and due to a bodily injury sustained 2. Claimants;
by any one person in any one accident. However, if
3. Claims made;
liability coverage under PART A is payable on
behalf of a permissive driver, the minimum limit of 4. Lawsuits filed;
liability for bodily injury per person required by the 5. Vehicles shown on the Declarations Page;
state in which this Policy is issued is the most we 6. Premiums shown on the Declarations Page;
will pay for all damages, including derivative
claims, arising out of and due to bodily injury 7. Vehicles involved in the accident; or
sustained by any one person in any one accident. 8. Premiums paid.
For the purpose of such limit of liability, all damages, F. If liability coverage under PART A is payable on
including derivative claims, shall constitute a single behalf of a permissive driver, then the minimum
claim. limits is the most we will pay as the result of any
B. Subject to the limit of liability for each person, the one accident without regard to the number of:
Bodily Injury limit of liability shown on the 1. Insureds, heirs or survivors;
Declarations Page for each accident is the most
2. Claimants;
we will pay for all damages, including derivative
claims, arising out of and due to bodily injury 3. Claims made;
resulting from any one accident. However, if liability 4. Lawsuits filed;
coverage under PART A is payable on behalf of a 5. Vehicles shown on the Declarations Page;
permissive driver, the minimum limit of liability for
bodily injury per accident required by the state in 6. Premiums shown on the Declarations Page;
which this Policy is issued is the most we will pay for 7. Vehicles involved in the accident; or
all damages, including derivative claims arising out 8. Premiums paid.
of and due to bodily injury resulting from any one
accident. For the purpose of such limit of liability, all
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12384 (07012021) Direct General Insurance Company
There will be no adding, stacking, or combining of Responsibility Act, as amended, with respect to bodily
coverage. injury and property damage, and is subject to all the
G. An auto and attached trailer or a covered auto and provisions of that law.
your trailer are considered one auto. Therefore, If we make a payment for an accident which is not
the limit of liability will not be increased for an covered under the terms of this Policy but which we paid
accident involving an auto with an attached trailer solely to comply with the terms of a financial responsibility
or a covered auto and your trailer. certification, you must reimburse us to the extent of such
H. Any payment under this PART A – LIABILITY payment.
COVERAGE will be reduced by any payment made OTHER INSURANCE
to that person under PART B – MEDICAL A. If there is other applicable liability insurance, self-
PAYMENTS and/or PART C – UNINSURED insurance, or bond, we will pay only our share of
MOTORIST BODILY INJURY COVERAGE. the damages. Our share is the proportion that our
However, this provision shall not reduce coverage limits of liability bears to the total of all applicable
under this PART A to an amount less than the limits with the same priority. However, any
minimum limits. insurance we provide for an auto you do not own
I. No one will be entitled to duplicate payments for the shall be excess over any other collectible insurance,
same elements of loss or damage under PART A self-insurance, or bond.
for which payment has been made: B. If the other insurer refuses to defend, we
1. Under any other coverage provided by this 1. Will continue to defend where required by law;
Policy; 2. Shall be subrogated to the insured’s rights
2. By or on behalf of the person or organization against the other insurer;
that may be legally responsible; or 3. Reserve our rights against such insurer; and
3. Under any other insurance or source of 4. Do not waive any of our rights against the other
recovery. insurer by continuing to defend.
OUT OF STATE COVERAGE
PART B – MEDICAL PAYMENTS COVERAGE
If an accident to which this Policy applies occurs in any
state or province other than the one in which a covered INSURING AGREEMENT
auto is principally garaged, we will interpret your Policy
for that accident as follows: A. Subject to the limit of liability shown on the
Declarations Page, if you pay us the premium for
If the state or province has: Medical Payments Coverage, we will pay medical
1. A financial responsibility or similar law requiring expense and funeral service expense arising out of
a nonresident driver to maintain insurance with bodily injury:
limits of liability for bodily injury or property 1. Caused by an accident;
damage higher than the limits shown on the
Declarations Page, the limits of liability under 2. Sustained by an insured; and
this Policy that apply to that accident will be the 3. Arising out of the ownership, maintenance, or
higher minimum Liability Coverage limits use of an auto.
required by the law in that state or province. We will pay only those medical expenses and
However, we will not provide any Liability funeral expenses incurred for services rendered
Coverage for an accident if the Declarations within one (1) year from the date of the accident.
Page does not show you have purchased that
Liability Coverage unless that state or province B. We have the right to review the medical expenses
has a financial responsibility or similar law that to determine if they are reasonable and necessary
requires us to do so; or for diagnosis and treatment of bodily injury. We
may use independent sources of information
2. A compulsory insurance or similar law requiring selected by us to assist us in determining if any
a nonresident to maintain insurance whenever medical expense is reasonable and necessary.
the nonresident uses an auto in the state or These sources may include, but are not limited to:
province, this Policy will provide the greater of:
1. Physical exams paid for by us and performed by
a. The minimum limits and types of coverage; physicians we select;
or
2. Review of medical files;
b. The applicable limits of liability provided for
that insured under this Policy. 3. Computer databases; or
FINANCIAL RESPONSIBILITY 4. Published sources of medical expense
information.
If we certify this Policy as proof of financial responsibility,
this Policy will comply with the law of the state in which C. We may refuse to pay for:
the Policy is written to the extent required. The liability 1. Any portion of a medical expense that is
insurance provided shall be in accord with the coverage unreasonable because the fee for the service is
defined in the Alabama Motor Vehicle Safety-
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12384 (07012021) Direct General Insurance Company
greater than the usual and customary charge; B. “Medical expense” and “medical expenses”
and/or mean the usual and customary charge for
2. Any medical expense because the service reasonable and necessary:
rendered is unnecessary for the treatment of the 1. Services, treatment, procedures and products
bodily injury sustained. provided by a state licensed health care
If we refuse to pay for any portion of a medical provider;
expense because the fee is unreasonable or for any 2. Medications, orthopedic and prosthetic devices,
service because the service is unnecessary and the eyeglasses, hearing aids, and other medical
insured is sued for payment of this medical supplies when prescribed by a state licensed
expense, we will defend the insured with an health care provider; and
attorney of our choice. We will pay defense costs
and any judgment against the insured up to our 3. Services, treatment, procedures and products
limit of liability for this coverage. The insured must provided by a state licensed health care
cooperate with us in the defense of the lawsuit and provider for physical therapy, vocational
attend depositions, hearings, or trials at our request. rehabilitation, occupational therapy, and speech
We will pay, upon written request from the insured: pathology and audiology.
1. Reasonable loss of earnings to an insured, up “Medical expense” and “medical expenses” do
to $60 per day that is incurred by an insured not include any fees, costs, or charges for:
due to attendance at hearings, proceedings or 1. Massage therapy not prescribed by a state
trials at our request. The insured must provide licensed doctor of chiropractic;
us written proof of such loss; and
2. Treatment, services, products, or procedures
2. Other reasonable expenses the insured incurs
that are:
at our request as a result of a lawsuit by a
health care provider to recover medical a. Experimental or for research; or
expense we refuse to pay because the fee is b. Not commonly and customarily recognized
unreasonable or unnecessary. in the medical profession in the United
D. We may refuse to pay for any medical services that States as a customary treatment for bodily
are not provided and prescribed by a medical injury.
provider licensed by the state and acting within the
3. Thermography, acupuncture or other related
scope of that license.
procedures of similar nature; or
E. We will not pay for any portion of a medical
expense that exceeds the amount that the medical 4. The purchase or rental of equipment not
provider charges to patients who do not have primarily designed to serve a medical purpose.
insurance. C. “Usual and customary charge” means the fees,
F. We have the right to make payment directly to a costs or charges we determine that represents a
provider of necessary medical expenses and common and typical charge for services in the
funeral service expenses. geographic area in which the service is rendered.
We may determine the usual and customary
ADDITIONAL DEFINITIONS FOR PART B – MEDICAL charge by using independent sources of our
PAYMENTS COVERAGE choice.
As used in this PART B: EXCLUSIONS
A. “Insured” means:
PLEASE READ THE EXCLUSIONS CAREFULLY. IF
1. You or any family member or a rated ANY EXCLUSION APPLIES, COVERAGE WILL NOT
operator: BE PROVIDED FOR AN ACCIDENT OR LOSS THAT
a. While occupying; or OTHERWISE WOULD BE COVERED UNDER THIS
POLICY.
b. As a pedestrian when struck by
A. We do not provide Medical Payments Coverage for
a motor vehicle designed for use mainly on any person for bodily injury:
public roads; or
1. Caused intentionally by, or at the direction of, an
2. Any other person, other than a non-covered insured, or that is or should be reasonably
person, while occupying a covered auto when
expected to result from the intentional act of an
the covered auto is being used with, and within insured, even if the actual bodily injury that
the scope of, the Named Insured’s permission. results is different from that which was intended.
The term “insured” does not include a non-
2. Arising out of, and in the course of employment
covered person.
if worker’s compensation benefits, disability
benefits or similar benefits are required or
available for the bodily injury.
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12384 (07012021) Direct General Insurance Company
3. Arising out of the ownership, maintenance, or migration; release; existence; or presence of, or
use of a vehicle while it is being used: actual, alleged, or threatened exposure to, any
mold, mildew, fungus or other microbes. This
a. To carry persons or property for
includes any type or form of: (i) decomposing or
compensation or a fee, or as a public or
disintegrating organic material or
livery conveyance; or
microorganism; (ii) organic surface growth on
b. For ridesharing. moist, damp, or decaying matter; (iii) yeast or
spore-bearing plant-like organism; or (iv)
This exclusion does not apply to a share-the- spores; scents; toxins; mycotoxins; bacteria;
expense car pool. viruses; or any other by-products produced or
4. That occurs while the insured is employed or released by any mold, mildew, fungus, or other
otherwise engaged in any motor vehicle microbes.
business. However, this exclusion does not 16. Resulting from the discharge of any firearm or
apply to the ownership, maintenance, or use of weapon in connection with the ownership,
a covered auto by you; or a family member. maintenance, or use of any auto.
5. That occurs while maintaining or using any 17. Resulting from the use of any auto by a named
vehicle while an insured is employed or excluded driver.
otherwise engaged in any business (other than 18. Resulting from the use of any auto by;
farming or ranching). However, if a business
a. An undisclosed driver; or
artisan use is noted on the Declarations Page
for an auto shown on the Declarations Page, b. Any person with a revoked or suspended
this exclusion does not apply to the ownership, driver’s license or permit.
maintenance; or use of that auto by:
19. Arising out of dispersal, release, spill, or escape
a. You; of any hazardous material due to collision or
upset of a covered auto.
b. Any family member; or
20. Sustained from any source other than an
c. Any partner, agent or employee of you or accident.
any family member.
6. That occurs while any person is using an auto B. We do not provide Medical Payments Coverage for
without the owner’s permission or beyond the any insured for bodily injury arising out of the
scope of the owner’s permission. This does not ownership, maintenance, or use of:
apply to you, or a family member when using 1. Any vehicle which has less than four wheels or
or occupying a covered auto. which is designed for use mainly off public roads
7. Arising out of the ownership, maintenance or such as any type of all-terrain or quad vehicle,
use of a vehicle while it is being used in a dune buggy, go-cart or golf cart. This exclusion
personal vehicle sharing program. does not apply to your trailer.
8. That is insured under a nuclear energy liability 2. Any vehicle, other than a covered auto for
policy or would be insured under such a policy which this coverage has been purchased, that
but for its termination upon exhaustion of its limit is:
of liability.
a. Owned by you; or
9. Arising out of the ownership, maintenance, or
use of any vehicle while racing. b. Furnished or available for your regular use.
10. For which the United States government is held 3. Any vehicle, other than a covered auto for
responsible under the Federal Tort Claims Act. which this coverage has been purchased, that
11. Arising out of any liability assumed by an is:
insured under any contract, or agreement, or
a. Owned by any family member, a rated
bailment.
operator, or a named excluded driver; or
12. Resulting from an accident or loss that occurs
while the insured is committing a crime. b. Furnished or available for the regular use of
any family member, a rated operator, or a
13. Caused by, resulting from, or a consequence of named excluded driver.
war, radioactive contamination, radiation, or a
nuclear reaction, whether controlled or This exclusion B.3. does not apply to you.
uncontrolled or however caused.
4. A covered auto that:
14. Arising out of the ownership, maintenance, or
use of a covered auto a residence or premises. a. Has been rented, leased, subleased, loaned
or given by you or a family member to
15. Arising out of or resulting from, in whole or in
another party in exchange for money, value,
part, any actual, alleged, or threatened
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12384 (07012021) Direct General Insurance Company
goods, services, compensation or C. No one will be entitled to receive duplicate
reimbursement; payments for the same elements damage under
PART B for which payment has been made under
b. Has been given in exchange for any other coverage provided by this Policy.
compensation;
PAYMENT OR ASSIGNMENT OF BENEFITS
c. Is under a conditional sales agreement by
you to another; or We will pay for medical expenses directly to a licensed
health care provider if the insured gives us a signed
d. Has been entrusted to anyone other than written assignment of benefits payable under PART B; or
you or a family member for consignment; required by law pursuant to a properly effected statutory
sale; promoting sale; subleasing; leasing; lien right. If we pay benefits directly to a health care
renting; or selling, and is no longer in your provider, we have no further duty or liability to pay those
possession. same benefits to an insured or to any other person or
5. Any vehicle while towing a trailer that is not entity.
designed for use with that vehicle. OTHER INSURANCE
6. Loading or unloading of any haulaway, tank If there is any other insurance for medical expenses with
truck, or tank trailer when used with a vehicle the same priority as this Medical Payments Coverage, we
that is not listed on the Declarations Page, will not pay more than our share of the unpaid covered
which is owned, hired or held for sale by an medical expenses. Our share is the proportion that our
insured. limit of liability bears to the total of all applicable limits
7. Equipment or machinery not listed on the with the same priority. Any insurance we provided for an
Declarations Page. insured occupying a vehicle or trailer other than a
covered auto, will be excess over any other auto
insurance providing payments for medical expenses.
5. Any person for damages that person is entitled 3. Designed for use off public roads while not on
to recover because of bodily injury sustained public roads.
by a person described in A.1., A.2., or A.3. 4. While located for use or being used as a
above. This shall not increase our limit of residence or premises.
liability to an amount that exceeds the limit of
liability applicable to that person referred to in 5. That is not required to be registered as a motor
A.1., A.2., A.3. or A.4. above. vehicle.
Notwithstanding any of the above, the term 6. That is a covered auto.
“insured” does not include a non-covered person.
7. That is owned by or furnished or available for
B. “Uninsured motor vehicle” means a land motor the regular use of you, a family member, or
vehicle: rated operator.
1. To which no liability bond or insurance policy, ADDITIONAL DUTIES FOR PART C – UNINSURED
self-insurance, cash deposit or security applies MOTORIST BODILY INJURY COVERAGE
at the time of the accident.
A person seeking coverage under this PART C must also:
2. Whose operator or owner cannot be identified
and which causes an accident resulting in A. Notify the police as soon as practical, and within a
bodily injury to an insured. If there was no reasonable time under all the circumstances, after
physical contact with the vehicle whose operator the accident if a hit-and-run driver is involved.
or owner cannot be identified, the facts of the
accident must be corroborated by an B. Report the accident to us within 7 days of the
accident.
independent eyewitness other than a person or
persons making a claim under this or similar C. Send us copies of legal papers if a lawsuit is
coverage. commenced.
3. To which a liability bond or policy, cash deposit D. Promptly notify us in writing of an offer of settlement
or security applies at the time of the accident between the insured and the owner, operator or
but the limit of liability for the bond or policy, or insurer of the uninsured motor vehicle.
amount of cash deposit or security, is less than
the minimum limits. E. Allow us 30 days after notice of an offer of
settlement to advance payment to that insured in
4. To which a liability bond or policy applies at the an amount equal to the offer, to preserve all of our
time of the accident, but the sum of the limits of rights against the insurer, owner, and operator of
liability under all bodily injury liability bonds and any uninsured motor vehicle.
insurance policies available to an insured after
EXCLUSIONS – UNINSURED MOTORIST BODILY
an accident is less than the damages which the
INJURY COVERAGE
insured is legally entitled to recover.
PLEASE READ THE EXCLUSIONS CAREFULLY. IF
5. To which a liability bond or policy applies at the ANY EXCLUSION APPLIES, COVERAGE WILL NOT
time of the accident, but the bonding or insuring BE PROVIDED FOR AN ACCIDENT OR LOSS THAT
company successfully denies coverage. OTHERWISE WOULD BE COVERED UNDER THIS
6. To which a liability bond or policy applies at the PART.
time of the accident, but the bonding or insuring A. We do not provide coverage under this PART C for
company: bodily injury sustained by any insured:
a. Is or becomes insolvent; 1. If the insured, or the legal representative of the
insured, without 30 days advance written notice
b. Is in delinquency proceedings, suspension
to us either:
or receivership; or
a. Settles the claim; or
c. Is financially unable to fully respond to a
judgment in favor of an insured. b. Brings suit and obtains a judgment related
to the claim;
“Uninsured motor vehicle” does not include any
vehicle or equipment: And, in doing so, impairs or prejudices our rights
or interests.
1. Owned or operated by a self-insurer under any
applicable motor vehicle law, except a self- 2. If our interests or rights have been impaired or
insurer which is or becomes insolvent or does prejudiced by a judgment in any lawsuit against
any person or organization that may be liable for
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12384 (07012021) Direct General Insurance Company
such bodily injury, and we have not given prior nuclear reaction, whether controlled or
written consent to the insured to proceed with uncontrolled or however caused.
that lawsuit.
14. That results from the discharge of any firearm or
3. That is caused intentionally by, or at the weapon in connection with the ownership,
direction of, or that is or should be reasonably maintenance, or use of any auto.
expected to result from the willful acts by, the
injured insured, even if the bodily injury that 15. That occurs while a covered auto is being used
results is not what was intended. in connection with a personal vehicle sharing
program.
4. If it arises out of and in the course of
employment. This Exclusion does not apply to 16. Bodily injury resulting from the use of any auto
bodily injury to a domestic employee unless by a named excluded driver.
workers’ compensation, disability benefits, or 17. Bodily injury resulting from the use of any auto
other similar benefits are required or available by:
for that domestic employee.
a. An undisclosed driver;
5. While occupying a covered auto while it is
being used to: b. Any person with a revoked or suspended
driver’s license or permit.
a. Carry persons or property for
compensation or a fee. 18. Bodily injury sustained by any person who
b. Ridesharing. does not report the accident to the police within
a reasonably prudent amount of time if a hit-
This Exclusion does not apply to a share-the- and-run vehicle is involved.
expense car pool.
B. We do not provide Uninsured Motorist Bodily Injury
6. That occurs while the insured is employed or Coverage for any insured for bodily injury arising
otherwise engaged in a motor vehicle out of the ownership, maintenance, or use of:
business. However, this Exclusion does not
apply to the ownership, maintenance, or use of 1. Any vehicle which is not insured for Uninsured
a covered auto by you or any family member. Motorist Bodily Injury Coverage under this
Policy, that is:
7. That occurs while maintaining or using a
covered auto while an insured is employed or a. Owned by any family member or rated
otherwise engaged in any business or operator; or
occupation (other than farming or ranching). b. Furnished or available for the regular use of
However, if a business or artisan use is noted any family member or rated operator.
on the Declarations Page for an auto shown
on the Declarations Page, this exclusion does 2. A covered auto that:
not apply to the ownership; maintenance; or
a. Has been rented, leased, loaned or given to
use of that auto by you or any family member.
anyone in exchange for any form of money,
8. While using or occupying a vehicle without value, goods, services, compensation or
permission or beyond the scope of permission reimbursement;
from the owner of the vehicle or the person with
b. Has been entrusted to anyone other than
lawful possession of the vehicle. This exclusion
you or a family member for consignment,
does not apply to you or a family member
sale, promoting sale, subleasing, leasing,
when using or occupying a covered auto.
renting or selling, and is no longer in your
9. For which the insured is entitled to recover possession; or
benefits under a nuclear energy liability
c. Is no longer in your possession in
policy, or would be entitled to recover benefits
connection with a sale of the auto,
under such a policy but for its payment of its
including, but not limited to, conditional sale,
limit of liability.
or an exchange for goods or services.
10. That results from the use of any vehicle while
This exclusion does not apply to the operation of
racing.
a covered auto by you, a family member, or a
11. For which the United States government is held rated operator.
liable under the Federal Tort Claims Act.
C. Coverage under this PART C shall not apply directly
12. That results from an accident or loss that or indirectly to benefit any insurer or self-insure
occurs while the insured is committing a crime. under any of the following or similar laws:
13. Caused by, resulting from, or a consequence of 1. Workers’ compensation law; or
war, radioactive contamination, radiation, or a
2. Disability benefits law; or
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12384 (07012021) Direct General Insurance Company
D. We will not be bound by: may be legally responsible and the limits of
liability under those insurance bonds or policies.
1. Any settlement entered into without our
reasonable consent; or 3. Paid or payable because of the bodily injury
under any of the following or similar law:
2. Judgment entered into with a party who is liable
for damages without our reasonable consent. a. Workers’ Compensation law; or
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12384 (07012021) Direct General Insurance Company
5. You must execute and deliver to us any legal a. The legal liability of the owner or operator
instrument or papers necessary to secure the of an uninsured motor vehicle; and
rights and obligations of you and us.
b. The amount of compensatory damages that
ARBITRATION FOR BODILY INJURY CLAIMS are recoverable by the insured.
A. If we and an insured do not agree: F. Each party will:
1. Whether the insured is legally entitled to 1. Pay the costs, fees and other expenses it
recover damages under this PART C; or incurs; and
2. The amount of damages that are recoverable by 2. Bear the expenses of the third arbitrator equally.
the insured;
Then upon mutual agreement of both parties, these PART D – COVERAGE FOR DAMAGE TO YOUR AUTO
two issues only may be submitted to arbitration.
However, unless required by law, neither party may INSURING AGREEMENT-COLLISION COVERAGE
be compelled to participate in arbitration nor neither
If you pay us the premium for Collision Coverage and it is
party shall be liable to the other for refusing to
shown on the Declarations Page, we will pay for direct
arbitrate.
and accidental loss to a covered auto and its equipment
B. If both we and an insured agree to arbitration, each that is caused by a collision. We will not for any loss to a
party will select an arbitrator. The two arbitrators will covered auto that is caused by a non-covered person.
select a third arbitrator. If they cannot agree within
30 days, either may request that selection of a third Our payment will be reduced by the applicable deductible
arbitrator be made by a judge of a court having shown on the Declarations Page. No coverage will apply
jurisdiction. to any additional auto or replacement auto at any time
if such auto or its use is not similar in type and use as a
C. Unless both parties agree otherwise, arbitration will listed or scheduled auto(s) on the Declarations Page.
take place in the county in which the insured lives
and the American Arbitration Association rules as to INSURING AGREEMENT-COMPREHENSIVE
procedure and evidence will apply. If the parties do COVERAGE
not agree to be governed by the American If you pay us the premium for Comprehensive Coverage
Arbitration Association rules, local rules of law as to and it is shown on the Declarations Page, we will pay for
procedure and evidence will apply. direct and auto accidental loss to a covered auto and
D. A decision agreed to by two of the arbitrators will be its equipment that is caused by an event that is other than
binding as to: a collision. We will not for any loss to a covered auto
that is caused by a non-covered person.
1. Whether the insured is legally entitled to
recover damages; and
Our payment will be reduced by the applicable deductible
2. The amount of the damages. shown on the Declarations Page. No coverage will apply
However, the decision shall be binding only if the to any additional auto or replacement auto at any time
amount of damages awarded does not exceed: if such auto or its use is not similar in type and use as a
listed or scheduled auto(s) on the Declarations Page.
1. The limits shown on the Declarations Page for
Uninsured Motorist Bodily Injury Coverage; or Only losses caused by collision or one of the listed
perils under other than collision are covered under
2. The minimum limits. PART D - COVERAGE FOR DAMAGE TO YOUR AUTO.
If the amount of the Arbitrator’s award exceeds the CHILD RESTRAINTS
minimum limits, either party may demand the right
to trial. This demand must be made within sixty (60) In the event of a loss to which Collision Coverage or
days of the arbitrators’ decision. If this demand is Comprehensive Coverage applies, and we determine that
not made within sixty (60) days, the amount of the integrity of a child safety seat or restraint system is
damages agreed to by the arbitrators will be binding. compromised, we will pay up to $250 to replace it with a
child safety seat or restraint system of like kind and
E. The arbitrators shall have no authority to: quality. The child safety seat or restraint system must
1. Award an amount in excess of the limit of have been in the covered auto at the time of the covered
liability; loss. No deductible applies to this child safety seat or
restraint system.
2. Award any costs or fees;
TOWING AND LABOR COVERAGE
3. Award any amount as interest;
A. Subject to the each occurrence and each term limit
4. Decide any coverage issue; or shown on the Declarations Page, if you pay the
5. Decide any issues or resolve any dispute with premium for Towing and Labor Coverage, we will
respect to anything other than:
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12384 (07012021) Direct General Insurance Company
pay the reasonable cost, as determined by us, that e. When you have incurred the maximum
you incur for a covered auto for: $600 limit.
1. Mechanical labor up to one hour at the place C. We will not pay for transportation expense if there is
where the covered auto broke down. a theft only of your trailer.
D. You must give us written verifiable proof of your
2. Towing to the nearest place where the transportation and or loss of use expenses.
necessary repairs can be made during regular
E. At your request, we will guarantee payment of
business hours if the covered auto will not run.
transportation expenses to the provider of such
3. Towing the covered auto out if it is stuck on or transportation up to $20 per day, to a maximum limit
immediately next to a public roadway. of $600, and shall pay such provider directly.
4. Delivery of gas, oil, battery, or tire change. F. There shall be no duplicate recovery for the same
elements of loss or expense under this coverage
B. Towing and Labor Coverage will apply only to the and any other coverage provided by this Policy. If
covered auto for which this coverage and specific you purchase Rental Reimbursement Coverage
premium are shown on the Declarations Page. with the same or higher limits of coverage than this
section provides, then the provisions and limits of
C. We will not pay for the cost of the necessary repairs the Rental Reimbursement Coverage shall apply to
or the cost of the gas, oil, battery, or tire. the total theft of a covered auto. Transportation
D. The each occurrence and each term limit shown on Expenses Coverage cannot be combined or stacked
the Declarations Page for this coverage is the most with the Rental Reimbursement Coverage provided
we will pay for any one loss. This coverage is under PART D.
limited to no more than three (3) occurrences in any RENTAL REIMBURSEMENT COVERAGE
6-month policy period or six (6) occurrences per A. Subject to the each day and each accident limit
annual policy period. shown on the Declarations Page, if you pay us the
E. You will not be entitled to receive duplicate payment premium for Rental Reimbursement Coverage, we
under this coverage for reasonable costs you incur will reimburse you or, at our option, pay directly on
and which are covered elsewhere under this Policy. your behalf the daily rental expenses you incur
when you rent an auto from a commercially
F. We will only provide Towing and Labor Coverage licensed rental agency approved by us due to loss
within the policy territory as defined in the to a covered auto that is covered under Collision
GENERAL PROVISIONS of this Policy. Coverage or Comprehensive Coverage. No
deductible will apply to this coverage. Rental
G. You must give us written verifiable proof of towing
Reimbursement Coverage will apply only to the
and/or labor charges incurred.
covered auto for which this coverage and a specific
premium are shown on the Declarations Page.
TRANSPORTATION EXPENSE COVERAGE – B. The length of time for which this coverage will apply
TOTAL THEFT will be limited to the lesser of:
A. We will pay up to $20 per day subject to a maximum 1. The period of time reasonably required, as
limit of $600 for transportation expenses incurred by determined by us, to repair the covered auto;
you from a commercially licensed rental agency in
2. The day following the settlement offer, if we
the event of a total theft of a covered auto. This
offer settlement instead of repairs;
applies only if Comprehensive Coverage has been
purchased for the covered auto. A deductible will 3. When the covered auto has been returned to
not apply to this coverage. you;
B. We will pay only transportation expenses incurred 4. When the covered auto is replaced;
during the period: 5. When the stolen covered auto is returned to
1. Beginning forty-eight (48) hours after you notify you if no repairs are needed due to the theft;
the police and us of the theft of a covered auto; 6. 72 hours after we make an offer to pay for the
and loss, if the covered auto is deemed by us to be
2. Ending the earliest of: a total loss;
a. When a covered auto has been recovered 7. When you incur 30 days rental; or
and returned to you or its owner; 8. When you incur the maximum rent shown on
b. When a covered auto has been recovered the Declarations Page.
and repaired; C. At your request, we will guarantee such rental
c. When a covered auto has been replaced; payments hereunder to the provider of the vehicle. If
d. Seventy-two (72) hours after we make an we guarantee payment, such payment will be made
offer to pay for the loss if the covered auto directly to the provider of the vehicle up to our limits
is deemed by us to be a total loss or of liability as shown on the Declarations Page.
unrecoverable; or D. Daily rental expenses shall not include the cost of:
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12384 (07012021) Direct General Insurance Company
1. Insurance related to the rental of the auto; 1. The actual cash value of such customized
2. Refueling the rental auto; equipment and parts, reduced by the
applicable deductible and by its salvage value if
3. Mileage fees;
you or the owner retain the salvage;
4. Navigation devices or other optional equipment;
2. The amount necessary to repair the
5. Collision damage waiver; or customized equipment and parts, reduced by
6. Tolls. the applicable deductible;
E. Rental Reimbursement Coverage applies only if the 3. The amount necessary to replace the
covered auto is withdrawn from use for more than customized equipment and parts, reduced by
twenty-four (24) hours and: the applicable deductible and reduced by its
1. You have purchased Collision Coverage for that salvage value if you or the owner retain the
covered auto and the loss falls under that salvage; or
coverage; or
4. The limit of liability for Customized Equipment
2. You have purchased Comprehensive Coverage and Parts Coverage shown on the Declarations
for that covered auto and the loss falls under Page.
that coverage.
F. Rental Reimbursement Coverage cannot be D. Coverage for customized equipment and parts
combined or stacked with the Transportation shall not cause our limit of liability for loss to an
Expenses Coverage provided under PART D. If you auto under this PART D - COVERAGE FOR
purchase Rental Reimbursement Coverage with a DAMAGE TO YOUR AUTO to be increased to an
limit lower than that provided for in the amount in excess of:
Transportation Expenses Coverage provision in 1. The actual cash value of the auto, including its
PART D and the loss involves the total theft of a customized equipment and parts covered
covered auto, then the limits and provisions under this coverage; or
applicable to transportation expenses under
Transportation Expenses Coverage will apply. 2. Any applicable limits or stated amount elected
by you shown on the Declarations Page for
G. Any amount payable under this coverage shall be this coverage.
reduced to the extent any expense is payable under
any other coverage under this Policy. E. Any amount payable under this coverage shall be
H. There shall be no duplicate recovery for the same reduced to the extent any expense is payable under
elements of loss or expense under this coverage any other coverage under this Policy.
and any other coverage provided by this Policy. F. There shall be no duplicate recovery for the same
I. You must give us written verifiable proof of incurred elements of loss or expense under this coverage
rental expenses. and any other coverage provided by this Policy.
CUSTOMIZED EQUIPMENT AND PARTS COVERAGE ADDITIONAL DEFINITIONS FOR PART D –
A. Subject to the limits shown on the Declarations COVERAGE FOR DAMAGE TO YOUR AUTO
Page, if you pay us the premium for Customized As used in this PART D:
Equipment and Parts Coverage for a covered auto, A. “Collision” means when a covered auto impacts
we will pay for loss to the customized equipment with another vehicle or object or flips or tips over.
and parts in or on that covered auto that results
B. “Comprehensive” and “other than collision”
from a loss. All payments for loss to such
mean a loss caused by:
customized equipment and parts shall be reduced
by the applicable deductible, but only one deductible 1. Missiles or falling objects;
shall be applied to any one loss under this PART D - 2. Fire or lightning;
COVERAGE FOR DAMAGE TO YOUR AUTO. 3. Theft or larceny;
B. Customized Equipment And Parts Coverage applies 4. Explosion or earthquake;
only if: 5. Windstorm;
1. You have purchased Collision Coverage for the 6. Hail, water or flood;
covered auto containing the customized
7. Malicious mischief or vandalism;
equipment and parts and the loss falls under
that coverage; or 8. Riot or civil commotion;
9. Impact with a bird or animal; or
2. You have purchased Comprehensive Coverage
for the covered auto containing the 10. Breakage of glass, except breakage of glass
customized equipment and parts and the caused by a collision.
loss falls under that coverage. Only losses caused by one of these listed perils are
C. The limit of liability for loss to customized covered under other than collision.
equipment and parts is the lowest of:
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12384 (07012021) Direct General Insurance Company
C. “Customized equipment and parts” means 2. Loss to any vehicle while it is operated,
equipment, devices, accessories, changes, and maintained, or used:
enhancements, other than those installed by the
a. To carry persons or property for
original manufacturer, which alter the appearance or
compensation or a fee, or as a public or
performance of an auto. This includes, but is not
livery conveyance;
limited to, such items as: body or suspension
alterations; custom or special wheels or tires; side b. For ridesharing.
exhausts; roll bars; light bars; spoilers; ground
effects; bedliners; side exhausts; utility boxes; This exclusion does not apply to a share-the-
custom windows; custom painting; murals; or decals expense car pool.
or graphics. Customized equipment and parts 3. Loss to any covered auto being maintained or
also includes, but is not limited to, such items as any used by any person while employed or
electronic equipment; antennas; and other devices otherwise engaged in any auto business.
used exclusively to send or receive audio, visual or
data signals, or play back recorded media. The 4. Loss to any covered auto being maintained or
customized equipment and parts must be used by any person while employed or
permanently installed in a covered auto using bolts, otherwise engaged in any business or
brackets, or slide-out brackets. Customized occupation (other than farming or ranching).
equipment and parts does not include snow plows However, with respect to a business use that is
or snow removal equipment. disclosed by you and allowed by us, and for
EXCLUSIONS which you have paid our added charge for
PLEASE READ THE EXCLUSIONS CAREFULLY. IF business use, this exclusion shall not apply to
ANY EXCLUSION APPLIES, COVERAGE WILL NOT that disclosed business use.
BE PROVIDED FOR AN ACCIDENT OR LOSS THAT 5. For which the insured is entitled to recover
OTHERWISE WOULD BE COVERED UNDER THIS benefits under a nuclear energy liability
POLICY. policy, or would be entitled to recover benefits
A. We will not pay for: under such a policy but for its termination upon
1. Loss to a covered auto: exhaustion of its limit of liability.
a. Caused intentionally by or at the direction of 6. Loss resulting from the use of a covered auto
you, any family member, a rated while it is engaged in racing.
operator, or the owner of a covered auto; 7. Loss to a covered auto that occurs while the
or insured is committing a crime.
b. That should be reasonably expected to
8. Loss to a covered auto that occurs while it is
result from such intentional act even if the
actual loss or damage is different than that being used in a personal vehicle sharing
which was intended. program.
However, this exclusion does not apply to an 9. Loss caused by, resulting from, or a
innocent co-insured’s legal interest in the consequence of war, radioactive contamination,
covered auto if: radiation, or a nuclear reaction, whether
controlled or uncontrolled or however caused.
a. The innocent co-insured did not cooperate
in or contribute to the cause of the loss; 10. Loss arising out of or resulting from, in whole or
in part, any actual, alleged, or threatened
b. The loss was proximately related to an in migration; release; existence; or presence of, or
furtherance of an act of domestic abuse, as actual, alleged, or threatened exposure to, any
defined in the Alabama insurance laws; and mold, mildew, fungus or other microbes. This
c. The innocent co-insured either: includes any type or form of: (i) decomposing or
disintegrating organic material or
i. Files a complaint under the “Protection microorganism; (ii) organic surface growth on
from Abuse Act” Section 30-5-1, et. seq. moist, damp, or decaying matter; (iii) yeast or
as amended, against the abuser for the spore-bearing plant-like organism; or (iv) spores;
act causing the loss, and does not scents; toxins; mycotoxins; bacteria; viruses; or
voluntarily dismiss the complaint; or any other by-products produced or released by
ii. Seeks a warrant for the abuser’s arrest any mold, mildew, fungus, or other microbes.
for the act causing the loss, and 11. Loss or damage due and confined to:
cooperates in prosecution of the abuser.
a. Wear and tear;
If we make payment to the innocent co-
insured we have all rights of subrogation to b. Freezing;
recover against the perpetrator of the act
that caused the loss.
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12384 (07012021) Direct General Insurance Company
c. Mechanical, electronic, or electrical This exclusion does not apply to:
breakdown or failure;
a. Any electronic equipment that is necessary
d. Lack of lubricant or coolant; for the normal operation of the auto or the
monitoring of the auto's operating systems;
e. Deterioration, rust or corrosion, wet or dry
rot; b. A permanently installed telephone designed
to be operated by use of the power from the
f. Road damage to tires;
auto's electrical system and any
g. Water leakage or seepage; accessories used with the telephone;
h. Dampness of atmosphere or extremes of c. Permanently installed equipment designed
temperature; or to be solely operated by use of the power
from the auto's electrical system; and
i. Delamination unless caused by any other
loss covered under this PART D. d. Equipment removable from a housing unit
that is permanently installed in the auto by
This exclusion does not apply if the damage bolts, brackets, or slide-out brackets.
results from the total theft of a covered auto to
which Comprehensive Coverage under this 17. Damage due and confined to:
Policy applies.
a. Prior loss or damage;
12. Loss to a trailer you own that is not shown on
the Declarations Page. b. Manufacturer's defects or faulty materials;
13. Loss to a covered auto due to or as a c. Your lack of routine and/or proper
consequence of: maintenance as prescribed by the
manufacturer.
a. Destruction, seizure or confiscation by any
government or civil authorities including, but 18. Loss due to theft, larceny, or conversion of a
not limited to, destruction, seizure or covered auto, or its equipment:
confiscation by any federal or state law a. By you, a family member or any other
enforcement officer in connection with any persons listed as a driver on the
violation of any controlled substances law Declarations Page; or
for which you are convicted; or
b. Where there is no visible sign of forced
b. Repossession by any entity acting on behalf entry into the covered auto.
of the owner of the covered auto.
19. Loss to a covered auto:
14. Loss to equipment designed or used for the
detection or location of radar, laser or other a. Prior to its delivery to you; or
speed measuring equipment or its transmission. b. Due to theft prior to its delivery to you.
15. Loss to clothes, tools, or personal effects. 20. Loss to any vehicle if you acquire it from a
16. Loss to any electronic equipment, devices, seller without legal title; or if the vehicle has
accessories, and any other personal effects that been sold, gifted or conveyed to anyone prior to
are not permanently installed in a covered the date of loss for which coverage is sought
auto. This includes, but is not limited to: under this PART D.
a. Radios, satellite radio systems, stereos, 21. Loss to a snow plow or any snow removal
tape decks, compact disc systems, audio equipment.
cassette recorders, citizen band radios, two- 22. Loss to a recreational vehicle, motor home, or
way mobile radios, video entertainment travel trailer.
systems; digital video device players; 23. Amounts incurred for:
b. Tapes; compact discs; cassettes; VHS a. Mileage;
tapes; DVDs, other recording or recorded b. Fuel;
media; Any containers designed to carry or
store these materials; c. Collision damage waiver;
d. Navigation devices;
c. Telephones; televisions; personal
computers and tablets; GPS/navigation e. Insurance; or
systems; f. Tolls.
d. Modified or customized engines or 24. Loss arising out of any liability assumed by you
carburetor systems; or a family member, or a rated operator under
any contract or agreement.
e. Utility boxes and toolboxes.
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12384 (07012021) Direct General Insurance Company
25. Loss resulting from the operation, maintenance, d. Has been entrusted to anyone other than
or use of a covered auto by: you or a family member for consignment;
a. A non-covered person; or sale; promoting sale; subleasing; leasing;
renting; or selling and is no longer in your
b. A permissive driver. possession
26. Loss to any custom furnishings or equipment, 3. Any non-owned auto.
custom furnishings or equipment include, but
are not limited to: LIMIT OF LIABILITY
a. Special carpeting and insulation, furniture, A. Our limit of liability for loss shall not exceed the
bars or television receivers. lowest of the:
b. Facilities for cooking and sleeping. 1. Actual cash value of the stolen or damaged
c. Sun roofs, moon roofs, T-bar roofs or property at the time of the loss, reduced by:
height-extending roofs. a. The applicable deductible shown on the
d. Custom murals, paintings or other decals or Declarations Page, and
graphics. b. Its salvage value if you or the owner retain
e. Any non-factory installed or non-original the salvage;
equipment manufactured (non-OEM) item or 2. Amount necessary to repair the physical
feature. damage to the auto, or its parts if the loss is
f. Winches. limited to parts, to return it to its pre-loss
However, this exclusion shall not apply if: physical condition, reduced by the applicable
deductible shown on the Declarations Page; or
a. You have disclosed these items or features
to us in writing prior to the loss; 3. Amount necessary to replace the stolen or
damaged property, or its parts if the loss is
b. We agree to cover them; and
limited to parts, reduced by:
c. You have paid us the additional premium
a. The applicable deductible shown on the
for Customized Equipment and Parts.
Declarations Page, and
27. Loss to a covered auto arising out of or during
its use for the transportation of any hazardous b. Its salvage value if you or the owner retain
materials except for transportation incidental to the salvage.
your ordinary household or farm activities. 4. Stated amount shown on the Declarations
28. To windshield glass replacement or repairs Page, if any.
made without our prior authorization.
29. Loss to a covered auto due to diminution in
value.
B. We do not provide coverage for loss arising out of B. A deduction for depreciation and betterment will be
the ownership, maintenance, or use of: made from the amount we will pay for repair or
1. Any vehicle that has less than four wheels or replacement of the damaged or stolen property, or
which is designed for use mainly off public roads any part thereof, if the repair or replacement results
such as any type of all-terrain or quad vehicle, in better property or in a better part with regard to:
dune buggy, go-cart, or golf cart. This exclusion 1. Its market value;
does not apply to your trailer.
2. The useful life of the part; or
2. A covered auto that:
a. Has been rented, leased, subleased, loaned 3. The improvement of the condition of the auto
or given by you or a family member, or a considering wear and tear and damage that
rated operator to another party in existed prior to the loss.
exchange for money, value, goods, Our adjustment to the amount payable by us due to
services, compensation or reimbursement, betterment or depreciation on parts replaced
including while being used in connection includes, but is not limited to:
with a personal vehicle sharing program;
1. Batteries;
b. Has been given in exchange for
compensation; 2. Tires;
c. Is under a conditional sales agreement, 3. Engines;
consignment agreement, or bailment lease
4. Transmissions; and
by you to another; or
5. Any other parts that wear out over time or have
a finite useful life or duration typically shorter
Page 22 of 31
12384 (07012021) Direct General Insurance Company
than the life of the auto as a whole. This does reconditioned, remanufactured or used
not include external crash parts, wheels, including, but not limited to:
windshields, or other glass.
a. Original manufacturer parts or equipment;
C. If you have declared a stated amount for a specific and
auto shown on the Declarations Page that stated
amount is the most we will pay for loss to that auto, b. Non-OEM parts or equipment.
including its customized equipment and parts. 3. The actual cash value is determined by the
D. In repairing damaged property, we may specify the market value, age and condition of the vehicle at
use of mechanical, non-safety related automobile the time the loss occurs.
parts not made by the original manufacturer. These 4. Duplicate recovery for the same elements of
parts will be at least equal in terms of fit, quality, loss is not permitted. No one will be entitled to
performance, and warranty to the original receive duplicate payments for the same
manufacturer parts they replace. Warranties elements of loss under this coverage and:
applicable to non-OEM parts may be provided by
the manufacturer or distributor of these parts rather a. Any other coverage provided by this Policy;
than the manufacturer of the covered auto. If we or
specify the use of non-OEM parts, we will identify
b. Under any other insurance or source of
each such part on your repair estimate. recovery.
E. In determining the amount necessary to repair the
H. We have no duty to pay the actual cash value of
damaged parts, we will not pay more than the
window glass or to replace window glass after a
prevailing competitive labor rates charged in the
loss if you agree to have the window glass repaired
area in which the property is to be repaired. We will
at our expense.
also not pay more than the cost of repair or
replacement parts as reasonably determined by us. I. After an accident to which PART D applies, we will
Our liability for the cost of repairing damaged pay reasonable charges, as determined by us, for
property is limited to the amount needed to perform transporting to and storing a covered auto at a
physical repairs to the stolen or damaged property. repair facility near the location of loss; provided you
PART D - COVERAGE FOR DAMAGE TO YOUR comply with your duties and contact us as soon as
AUTO does not cover, and we will not pay for, practical. We will only pay up to 3 days of
diminution in value. reasonable storage charges incurred arising out of
the loss and incurred before the claim is reported to
us. However, in the event of a total loss to an auto
listed on the Declarations Page, any storage
charges owed will be reduced by the actual cash
value of the covered auto.
F. In the event of a total loss to an auto listed on the J. Any amount payable by us to repair or replace
Declarations Page, you, or someone on your damaged property will be reduced by the cost of
behalf, must provide us the key to such auto at our labor, parts, and materials to repair prior damage,
request. If we are not provided the key to such auto, deterioration, and defects to the property that had
we will reduce any amount payable to you by $250 not been repaired prior to the loss.
because of: PAYMENT OF LOSS
1. The cost in duplicating the key; or A. At our option, we may pay for the loss in money or
repair or replace the damaged or stolen property.
2. The loss in salvage value.
B. We may, at our expense, return any stolen property
This provision will not apply if you retain the to you or to the address shown on the Declarations
salvage. Page. If we return stolen property, we will pay for
G. Payments for loss covered under this PART D are any direct physical damage to a covered auto, or
subject to the terms set forth here: its equipment, resulting from the theft, subject to the
provisions of the LIMIT OF LIABILITY section. We
1. No more than one deductible shall be applied to may keep all or part of the property at an agreed or
any one covered loss. The deductible will not appraised value, but there shall be no abandonment
apply to automobile safety glass. to us.
2. In determining the amount necessary to repair C. We may make payment for a loss to you, the
damaged property to its pre-loss condition, the owner of the property, or the lienholder.
amount to be paid by us will be based on the D. If we make a payment for theft or total loss of an
cost of repair or on the cost of replacement auto, you or the owner must transfer the title of that
parts and equipment which may be new, auto to us at or before the time of payment, unless
Page 23 of 31
12384 (07012021) Direct General Insurance Company
you or the owner keep the salvage of a totaled 1. Make any coverage decisions under the Policy;
auto. or
E. A party with an additional interest in a covered auto 2. Award any fees, interest, or costs.
shall have no greater rights than your rights to LOSS PAYABLE CLAUSE
recover for a loss.
A. Subject to all the terms of this Policy, loss or
F. We may make payment for a loss directly to a damage shall be paid, as interest may appear, to
repair facility with your consent. the named insured and/or the loss payee shown on
PERMISSION TO RELEASE VEHICLE the Declarations Page of this Policy, both jointly or
separately, at our discretion.
This Policy allows us to act as an agent on your behalf in
the event a covered auto is non-drivable and incurring B. The loss payee’s interest will not be protected if the
storage and/or any additional accident related expenses loss results from fraudulent acts, material
thus conferring authority for us to move the covered auto misrepresentation, or omissions, conversion,
to a secure, storage free inspection facility. secretion or embezzlement of a covered auto; or
an intentional act causing damage that was
NO BENEFIT TO BAILEE committed by or at the direction of you or a family
This insurance shall not directly or indirectly benefit any member, or a rated operator; or if the loss is not
carrier, organization, person, or other bailee for hire. covered under the terms of this Policy, including
OTHER SOURCES OF RECOVERY coverage denials for reasons such as your material
noncooperation.
If other insurance or source of recovery also covers the
C. We reserve the right to rescind, cancel, or nonrenew
loss, we will pay only our share of the loss. Our share is
this Policy as permitted by policy terms and state
the proportion that our limit of liability bears to the total of
law. The rescission, cancellation, or nonrenewal
all applicable limits. Any applicable deductible of this
shall terminate this agreement as to the loss
Policy will be taken in a proportionate share based on the
payee’s interest. If we are required by law or
applicable deductibles of each policy. However, any
regulation to give the loss payee notice of
insurance we provide with respect to an auto you do not
cancellation, we will give such notice in accordance
own shall be excess over any other collectible insurance
to such law or regulation. In addition, any
or source of recovery including, but not limited to:
continuance of coverage protecting the loss payee’s
1. Any coverage provided by the owner of the interest shall terminate on the effective date of a
auto; policy contract or insurance binder for similar
2. Any other applicable physical damage coverage issued by another insurance carrier.
insurance; or D. In the event the loss payee makes a claim under
3. Any other source of recovery applicable to the this Policy, the loss payee shall be required to abide
loss. by all terms and conditions of this Policy applicable
to you and shall have no greater rights than you to
receive payment.
APPRAISAL
E. When we pay the loss payee, we shall, to the extent
A. If you and we do not agree on the amount of the of the payment, be subrogated to the loss payee’s
loss, then either you or we may demand an rights of recovery.
appraisal of the loss. In this event, each party will
F. This clause has no effect if the name of the loss
select a competent, licensed, and impartial payee is not shown on the Declarations Page.
appraiser within 15 days of the demand for
appraisal. The two appraisers will select an umpire. PART E – GENERAL PROVISIONS
If they are unable to agree upon an umpire within 15
days, we or you may request that a judge of a court ADDITIONAL DEFINITIONS FOR PART E – GENERAL
of record, in the county where you live, select an PROVISIONS
umpire. The appraisers will separately state the
A. “Mail,” “mailing” or “mailed” means:
actual cash value and the amount of loss. If they
fail to agree, they will submit their differences to the 1. Delivery by us to any of the following:
umpire. A decision agreed to by any two will be a. United States Postal Service; or
binding. Each party will: b. Public or private mail carrier;
1. Pay its chosen appraiser and 2. Sent by us through electronic transmission, if
2. Bear the expenses of the appraisal and umpire not prohibited by state law; or
equally. 3. Any other methods allowed by law.
B. Neither you nor we waive any rights under this B. “Proof of mailing” means sufficient evidence that a
Policy by agreeing to an appraisal. correspondence or notice has been presented to the
C. Appraisers have authority only to decide the amount United States Postal Service for mailing. Proof of
of the loss. The appraisers have no authority to: mailing includes, but is not limited to, sworn
affidavit, any form of certificate of mailing, certificate
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12384 (07012021) Direct General Insurance Company
of bulk mailing, intelligent mail bar coding, or other g. The marital status of you, a family
form of tracking or proof that is accepted or issued member, rated operator, or any regular
by the United States Postal Service, or any other operator.
form allowed by state law.
C. Any adjustment of your premium will be made using
C. “Renew” or “renewal” means the issuance and our rules in effect at the time of the change.
delivery of a policy providing the same or Premium adjustments may include, but are not
substantially similar coverage replacing at the end limited to, changes in:
of the policy period a policy previously issued and
delivered by the same insurer or a licensed affiliate, 1. Autos insured under the Policy;
or the issuance and delivery of a certificate of notice
2. Use of the autos insured under the Policy;
extending the term of a policy beyond its policy
period or term. 3. Drivers;
D. “Substantially similar” means a policy that 4. Coverages or coverage limits;
provides the same basic coverages but may add,
alter or eliminate incidental coverages and may 5. Principal place where you garage any of the
provide coverages using different textual language. autos insured under this Policy;
BANKRUPTCY 6. Eligibility for discounts or surcharges or other
Bankruptcy or insolvency of the insured shall not relieve premium credits or debits;
us of any obligations under this Policy. 7. Marital status; or
CHANGES
8. Other factors permitted by law.
A. This Policy, along with the Declarations Page, any
endorsements issued by us, and the Application D. We may revise your Policy coverages to provide
which is incorporated and made part of the Policy, more protection without additional premium charge.
contain all the agreements between you and us. Its If we do this and you have the coverage which is
terms may not be changed or waived except in changed, your Policy will automatically provide the
writing by us. additional coverage as of the date the revision is
B. The premium for each covered auto is based on effective in your state. This does not apply to
information we have received from you or other changes made with a general program revision that
sources. You agree: includes both broadening and restrictions in
coverage, whether that general program revision is
1. That if any of this information material to the made through introduction of a subsequent edition
development of the Policy premium is incorrect, of your Policy or an amendatory endorsement.
incomplete or changed, we may adjust the
premium accordingly during the policy period. E. If you ask us to delete an auto, no coverage will
2. To cooperate with us in determining if this apply as of the date and time you ask us to delete
information is correct and complete. such auto.
3. Advise us within 7 days of the occurrence of F. If we make a change to this Policy during the policy
any material changes, including but not limited term that broadens any coverage without an
to the following, which we consider material to additional premium charge, you will have the
the development of the Policy premium: broadened coverage if that coverage is in effect on
the date of change. The effective date of a change
a. The number or type of covered autos; will be the date we implement that change in the
b. The operators using the autos insured state in which the Policy is written.
under your policy (either additions or SETTLEMENT OF CLAIMS
deletions); We may use estimating, appraisal, or injury evaluation
c. People residing in your household; systems or tools to determine any amounts to be paid
under this Policy. These systems or tools may be
d. Your address and/or the principal place developed by us or by third parties, and may include
where you garage any of the autos insured computer software, databases, and specialized
under this Policy; technology.
e. How the autos insured under your policy LEGAL ACTION AGAINST US
are being used; A. No legal action may be brought against us until
f. If you, or any family member, or rated there has been full compliance with all the terms of
operator obtains a driver’s license or this Policy. In addition, under PART A -LIABILITY
operator’s permit or has a driver’s license COVERAGE, no legal action may be brought
revoked, suspended, or reinstated after a against us unless:
suspension; or
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12384 (07012021) Direct General Insurance Company
1. We agree in writing that an insured has an 2. Under PART D - COVERAGE FOR DAMAGE
obligation to pay for damages due to a covered TO YOUR AUTO against any person using a
accident; or covered auto with the owner’s permission.
2. The amount of that obligation has been finally B. If we make a payment under this Policy and the
determined by judgment after trial. person to or for whom payment is made recovers
B. No person or organization has any right under this damages from another, that person shall:
Policy to bring legal action against us or to make us 1. Hold in trust for us the proceeds of the recovery;
a party to any legal proceeding to determine the and
liability of the insured.
C. If we retain salvage, we have no duty to preserve or 2. Reimburse us to the extent of our payment after
otherwise retain the salvage for any purpose, the insured person who sustained the damages
including as evidence for a legal proceeding absent or loss has been fully compensated for such
any specific and formal written request to do so. damages or loss.
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12384 (07012021) Direct General Insurance Company
In witness whereof, we, as officers of the Company, have caused this Personal Automobile Policy to be executed and
attested. If required by state law, this Policy shall not be valid unless countersigned by our authorized representative.
Peter Rendall
Rhonda S. Ferguson
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12384 (07012021) Direct General Insurance Company