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COMMERCIAL <br />AUTO <br />1.An adjustment for depreciation and physical <br />condition will be made in determining actual <br />cash value in the event of a total "loss". <br />2.If a repair or replacement results in better <br />than like kind or quality, we will not pay for <br />the amount of the betterment. <br />D. Deductible <br />For each covered "auto", our obligation to pay <br />for, repair, return or replace damaged or stolen <br />property will be reduced by the applicable <br />deductible shown in the Declarations. Any <br />Comprehensive Coverage deductible shown in <br />the Declarations does not apply to "loss" <br />caused by fire or lightning. <br />SECTION IV — BUSINESS AUTO CONDITIONS <br />The following conditions apply in addition to the <br />Common Policy Conditions: <br />A. Loss Conditions <br />1. Appraisal For Physical Damage Loss <br />If you and we disagree on the amount of <br />"loss", either may demand an appraisal of <br />the "loss". In this event, each party will <br />select a competent appraiser. The two <br />appraisers will select a competent and <br />impartial umpire. The appraisers will state <br />separately the actual cash value and <br />amount of "loss". If they fail to agree, they <br />will submit their differences to the umpire. A <br />decision agreed to by any two will be <br />binding. Each party will: <br />c.Pay its chosen appraiser; and <br />d.Bear the other expenses of the <br />appraisal and umpire equally. <br />If we submit to an appraisal, we will still <br />retain our right to deny the claim. <br />2. Duties In The Event Of Accident, Claim, <br />Suit Or Loss <br />We have no duty to provide coverage under <br />this policy unless there has been full compli- <br />ance with the following duties: <br />a. In the event of "accident", claim, "suit" or <br />"loss", you must give us or our <br />authorized representative prompt notice <br />of the "accident" or "loss". Include: <br />(1)How, when and where the <br />"accident" or "loss" occurred; <br />(2)The "insured's" name and address; <br />and <br />(3)To the extent possible, the names <br />and addresses of any injured <br />persons and witnesses. <br />b. Additionally, you and any other involved <br />"insured" must: <br />(1)Assume no obligation, make no pay- <br />ment or incur no expense without <br />our consent, except at the <br />"insured's" own cost. <br />(2)Immediately send us copies of any <br />request, demand, order, notice, <br />summons or legal paper received <br />concerning the claim or "suit". <br />(3)Cooperate with us in the <br />investigation or settlement of the <br />claim or defense against the "suit". <br />(4)Authorize us to obtain medical re- <br />cords or other pertinent information. <br />(5)Submit to examination, at our ex- <br />pense, by physicians of our choice, <br />as often as we reasonably require. <br />c. If there is "loss" to a covered "auto" or its <br />equipment, you must also do the follow- <br />ing: <br />(1)Promptly notify the police if the cov- <br />ered "auto" or any of its equipment <br />is stolen. <br />(2)Take all reasonable steps to protect <br />the covered "auto" from further dam- <br />age. Also keep a record of your ex- <br />penses for consideration in the set- <br />tlement of the claim. <br />(3)Permit us to inspect the covered <br />"auto" and records proving the <br />"loss" before its repair or disposition. <br />(4)Agree to examinations under oath <br />at our request and give us a signed <br />statement of your answers. <br />3. Legal Action Against Us <br />No one may bring a legal action against us <br />under this Coverage Form until: <br />e.There has been full compliance with all <br />the terms of this Coverage Form; and <br />f.Under Covered Autos Liability <br />Coverage, we agree in writing that the <br />"insured" has an obligation to pay or <br />until the amount of that obligation has <br />finally been determined by judgment <br />after trial. No one has the right under <br />this policy to bring us into an action to <br />determine the "insured's" liability. <br />Page 8 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13 <br />Attachment Code: D681956 Master ID: 1529369, Certificate ID: 19861348 <br />Docusign Envelope ID: 458D6D02-0D6B-8C4E-8292-D706A4D93B4D