NON RESIDENT AUTO POLICY

Only non residents of the United States are eligible for this program. Coverage does not apply to any resident of the United States

Various provisions in this policy restrict coverage. Reed the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the word "you" and "your" refer to the Named Insured shown in the Declarations or in any certificate of insurance issued as part of this policy. The words "we", "us" and "our" refer to the Company providing this Insurance. Words and phrases that appear in boldface have special meaning. Refer to SECTION IV -DEFINITIONS.


SECTION l COVERED AUTOS

A. DESCRIPTION OF COVERED AUTOS

ITEM THREE of the Declarations of certificate of insurance issued as part of this policy shows the autos that are covered autos for each of your coverages. Only those autos described in ITEM THREE of the Declarations or on any certificate of insurance issued as part of this policy for which a premium charge is shown and any trailer* u don't own while attached to any power unit described in ITEM you don't are covered autos.

CERTAIN TRAILER$, MOBILE EQUIPMENT AND TEMPORARY SUBSITUTE AUTOS.

If liability Coverage Is provided b this insurance, the following types of vehicles are also covered autos for Liability Coverage.

1 Trailer* with a load capacity of 2,000 pounds or loss designed primarily for travel on public roads.

2. Mobile equipment while being carded or towed by a covered auto

3. Any auto you do not own while used with the permission of its owner as a temporary substitute for covered auto you own that Is out of service because of its:

a. Breakdown;
b. Repair;
c. Servicing;
d. Loss; or
e. Destruction

SECTION ll - LIABILITY COVERAGE

A. COVERAGE


We will pay all sums an Insured legally must pay as damages because of bodily Injury or property damage to which this insurance applies, caused, by an accident and resulting from the ownership, maintenance or use of a covered auto.

We have the right and duty to defend any a sult asking for that* damages. However, we have no duty to defend cults I or bodily Injury or property damage not covered by this Insurance. We may investigate and settle any claim or cult at we consider appropriate. Our duty to defend or settle ends when the Liability Coverage Limit of insurance has been exhausted by payment of judgements or settlements.

1. WHO IS ANINSURED

The following are Insureds:

a. You for any covered auto.

b. Anyone else while using with your permission a covered auto you own, hire or borrow except:

(1) The owner of a covered auto you hire or borrow from one of your employees or a member of his or her household,

2) Anyone other than your employees, partners, a lessee or borrower or any of ploy employees, while moving property to or from a covered auto.

3) A partner of yours for a covered auto owned by him or her or a member of his or her household.

c. Anyone liable for the conduct of an Insured described above but only the extent of that liability. However, the owner or anyone else from whom you hire of borrow a covered auto is an Insured only if that auto is a trailer connected to a covered auto you own,

2. COVERAGE EXTENSIONS

a. Supplementary Payments. In addition to the Limit of insurance we will pay for the Insured:

(1) All expenses we incur.

(2) Up to 3100 for costs of ball bonds (including bonds for related traffic low violations) required because of an Accident we cover. We do not have to furnish these bonds.

(3) The cost of bonds to release attachments; in any suit we defend, but only for bond amounts within our limit of Insurance.

(4) All reasonable expenses Incurred by the Insured at our request, other than lawn of earnings.

(5) All costs taxed against the insured in any suit we de

(6) All Interest on the full amount of any judgement that accrues after entry of the judgement in any suit we defend: but our duty to pay Interest ends when we have paid offered to pay or deposited in court the part of the judgement that is within our Limit of Insurance.

b. Other State Coverage Extensions.

While a covered auto is in use in any state of the United States or any province of Canada we will:

(1) Increase this Limit of Insurance for Liability Coverage to meet the limit* specified by a compulsory or financial responsibility law in the jurisdiction where the covered auto is being used.

(2) Provide the minimum amounts and types of the coverages, such as no fault, required out of state vehicles by the jurisdiction where the covered auto is being used.

We will not pay anyone more than once for the same elements of loss because of these extensions.

2 Subject to the limit for each person, the meal we will pay for all damages resulting from bodily injury caused by any one accident is the limit of Bodily Injury liability shown in The Schedule or in the Declarations for each accident.

3. The most we will pay for all damages resulting from property damage caused by any one Accident 15 the limit of properly damage liability shown in the Schedule or in the declarations.

4. If the limit of liability shown in the Declarations for this coverage is for combined bodily injury and property damage liability, it is our maximum limit of liability for all damages resulting from any one auto accident. This is the most we will pay regardless of the number of:
a. Covered persons;
b Claims made:
c. Vehicles or premiums shown in the Declarations; or
d. Vehicles involved in the auto accident.

All bodily Injury and property damage resulting from continuous or repeated exposure to substantially the tame conditions will be considered as resulting from one accident.

SECTION Ill CONDITIONS

The following conditions apply to this insurance

A. LOSS CONDITIONS

1. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS


a. In the event of accident claim, suit or loss, you must give us or our authorized representative prompt notice of the accident or loss such notice must include.

(1) How, when and where the accident or loss occurred.

(2) The insured's name and address; and

(3) To the extent possible, the names and addresses of any injured persons and witnesses.

b. Additionally, you and any other involved Insured must:

(1) Assume no obligation, make no payment or incur no expense without our consent, except at the Insured's own cost.

(2) Immediately send us copies of any demand, notice, summons or legal paper received concerning the claim or suit.

(3) Cooperate with us in the investigation, settlement or defense of the claim or cult.

(4) Authorize us to obtain medical records or other pertinent information.

(5) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require.

2. LEGAL ACTION AGAINST US

No one may bring a legal action against us under this insurance until:

a. There a has been full compliance with all the terms of this insurance and

b. Under Liability Coverage, we agree in writing that the insured has an obligation to pay or until the amount of that obligation has finally been determined by judgement after trial No one has the right under this policy to bring us into action to determine the Insured's liability

This policy shall be governed by and construed In accordance with the laws of the State of Texas. Any legal action brought to enforce the terms of this Insurance policy contract shall be brought within the jurisdiction of the State of Texas.

3. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US

IF any person or the organization to or for whom we make payment under this insurance has fights to recover damage from another, those rights are transfered to us. That person or organization must do everything necessary to secure our rights and must do nothing after accident or loss to impair them.

B. GENERAL CONDITIONS

1. BANKRUPTCY

Bankruptcy or insolvency of the insured of the insured's state will not relieve us of any obligations under this insurance

a. Overthrowing, b. Intimidating, c. Coercing, or d. Influencing.

Of any government do jure or de factor or of its populace or its economic, political or social systems, by:

e. Force,
f. Violence,
g. Weapons of Mass Destruction,

h. The Destruction, Disruption or Subversion of Communication and Information system Infrastructures and/or Its content thereof i. Sabotage, and/or
j. Threat therefrom

2. An act that is officially determined by any Federal, State or Local agency/authority to be an act of torroriemo.

2. CONCEALMENT, MISREPRESENTATION OR FRAUD

This insurance is void in any case of fraud by you relating to it. It is also void if you intentionally conceal or misrepresent a material fact concerning.

a. This insurance;
b. The covered auto, or

c. Your interest in the covered auto

3. OTHER INSURANCE

a. For any covered auto you own, this insurance is primary insurance. For any covered auto you don't own, this insurance is excess over any other collectible Insurance. However, while a covered auto which is a trailer connected to another vehicle, the Liability Coverage this insurance provides for the trailer is:

(1) Excess while it is connected to a motor vehicle you do not own.

(2) Primary while it is connected to a covered auto you own.

b. When this insurance and any other insurance or policy covers on the same basis, either excess or primary, we will pay only our share. Our hare is the proportion that the Limit of insurance of our insurance bears to the total of the limits of all the Coverage Forms and policies covering on the same basis.

4. POLICY PERIOD. COVERAGE TERRITORY

Under this insurance, we cover accidents and losses occurring:

a. During the policy period shown in the Declarations; and b. Within the coverage territory,

The coverage territory is:

(1) The United States of America, and (2) Canada.

5. TWO OR MORE POLICIES ISSUED BY US

If this insurance and any other insurance or policy issued to you by us or any company affiliated with us apply to the same accident, the aggregate maximum Limit of Insurance under all the policies shall not exceed the highest applicable Limit of Insurance under any one policy. This condition doe& not apply to any policy issued by us or an affiliated company specifically to apply 81 excess insurance over this

6. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY

Your rights and duties under this policy may not be assigned without our written consent. However, if an insured shown in the Declarations dies, coverage will be provided for

a. The surviving spouse W resident in the same household at the time of death. Coverage applies to the spouse as if an insured shown in the declarations, of

b. The legal representative of the deceased person as if an insured shown in the Declarations This applies only with respect to the representative's legal responsibility to maintain or use your covered auto

Coverage will be provided until the end of the policy period B. EXCLUSIONS

This insurance does not apply to any of the following: 1. EXPECTED OR INTENTED INJURY

Bodily injury or property damage expected or intended from the standpoint of the insured.

2.CONTRACTUAL

Liability assumed under any contract or agreement 3. WORKERS COMPENSATION

Any obligation for which the Insured of the insured's insure may be held liable under any workers compensation, disability benefits or unemployment compensation law or any similar law

4. EMPLOYEE INDEMNIFICATION AND EMPLOYER'S LIABIL11 Bodily Injury to:

a. An employee of the insured arising out of and in the course of employment by the Insured; or

b. The spouse, child, parent, brother or sister of that employee as a consequence of paragraph a. above

This exclusion applies:

(1) Whether the insured may be liable as an employer or in any other capacity; and

(2) To any obligation to share damages with or repay someone else who must pay damages because of the injury.

But this exclusion does not apply to bodily Injury to domestic employees not entitled to workers compensation benefits.

5. FELLOW EMPLOYEE

Bodily Injury to any follow employee of the insured arising out of and in the course of the follow employee's employment.

6. CARE, CUSTODY OR CONTROL

Property damage to property owned or transported by the Insured or in the Insured's care, custody or control.

7. HANDLING OF PROPERTY

Bodily Injury or property damage resulting from the handling of property:

a. Before it is moved from the place where it is accepted by the Insured for movement into or onto the covered auto or

b. After it is moved from the covered auto to the place where 0 is finally delivered by the Insured

8. MOVEMENT OF PROPERTY BY MECHANICAL DEVICE

Bodily Injury or property damage resulting from the movement of property by a mechanical device (other than a hand truck) unless the device is attached to the covered auto.

9. OPERATIONS

Bodily Injury or property damage arising out of the operation any equipment listed in paragraphs 6.b. and 6.c. of the equipment.

10. COMPLETED OPERATIONS

Bodily injury or property damage arising out of your work after that work has been completed or abandoned.

In this exclusion, your work means:

a. Work or operations performed by you or on your behalf; and

b. Materials parts or equipment furnished in connection with such work or operations.

Your work includes warranties or representations made at any lime with respect to the fitness, quality, durability or performance of any of the items included in paragraphs a. or b. above.

Your work will be deemed completed at the earliest of the following times,
(1) When ail of the work called for in your contract has been completed

(2) When all of the work to be dope at the site has been completed if your contract calls for work at
more than one site.

(3) When that part of the work done at a job site has been put to Its Intended use by any person or
organization other than another contractor or subcontractor working on the game project.

Work that may need service maintenance, correction, repair or replacement, but which Is otherwise complete, will be treated as completed.

11. TERRORISM EXCLUSION CLAUSE

A. Not with standing any provision to the contrary within this Agreement it is agreed that this Agreement excludes loss, damage, cost or expense of whatsoever nature directly or Indirectly caused by, resulting from or In connection with any act of terrorisms regardless of any other cause or event contributing concurrently or In any other sequence to the loss.

B. For the purpose of this Agreement, an act of terrorism shall mean either.

1. Any act of any person or person either acting alone or on behalf of or In connection with any organization or grup with activities directed towards.


a. Overthrowing, b. Intimidating, c. Coercing, or d. Influencing.

Of any government do jure or de factor or of its populace or its economic, political or social systems, by:

e. Force,
f. Violence,
9. Weapons of Mass Destruction,

h. The Destruction, Disruption or Subversion of Communication and Information system Infrastructures and/or Its content thereof i. Sabotage, and/or
j. Threat therefrom

2. An act that is officially determined by any Federal, State or Local agency/authority to be an act of terrorismo.

12. POLLUTION

a. Bodily injury or property arising out of the actual, alleged in threatened discharge, dispersal release or of pollutants:

(1) That am, or that are contained in any property that is:

(a) Being transported or towed by, or handled for movement into, onto or from the covered auto;

(b) Otherwise in the course of transit; or

(c) Being stored, disposed of, treated or processed in or upon the covered auto;

(2) Before the pollutants or any property in which the pollutants are contained are moved from the place where they are accepted by the Insured for movement into or onto the covered auto; or

(3) After the pollutants or any property in which the pollutants are contained are moved from the covered auto to the place where they are finally delivered, disposed of or abandoned by the Insured.

Paragraph a. (1) (c) does not apply to I fuels lubricants, fluids exhaust gates or other similar pollutants that are needed for or result from the normal electrical, hydraulic or mechanics functioning of the covered auto or Its parts, If:

(1) The pollutants escape or are discharged, dispersed or released directly from an auto part designed by its manufacturer to hold, receive or dispose of such pollutants; and

(2) The Bodily Injury or property damage does not arise out of the operation of my equipment listed in paragraphs 6.b. and 6.c. of the definition of mobile equipment.

Paragraphs a. (2) and a. (3) of this exclusion do not apply if:

(1) The pollutants or any property In which the pollutants are contained are upset, overturned or damaged as a result of the maintenance or use of a covered auto; and

(2) The discharge, dispersal release or escape of the pollutants is caused directly by such upset, overturn or damaged.

b. Any lose, cost or expense rising out of any governmental direction or request that you test for, monitor, clean up, remove, contain treat detoxify or neutralize pollutants.

Pollutants meant any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed.

13. WAR

Bodily injury or property damage due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement.

14. FAMILY MEMBERS
Bodily Injury to you or any family member.

C. LIMIT OF INSURANCE

Regardless of the number of covered autos, insureds, premiums paid, claims made or vehicles involved in the accident, the limit of insurance is as follows.

(1) The most we will pay for all damages resulting from bodily injury to anyone person caused by anyone accident is the limit of Bodily Injury Liability shown in the. Schedule or in the Declarations for each person

7. CANCELATION

a. This policy may not be canceled when written for a period of less then 30 days.

b. This policy maybe canceled when written for a period of 30 days or more as follows:

(1) The insured shown in the Declarations or any certificate of insurance may canceled by:

a. returning this poky to us; or

b. giving us advance written notice of the date

cancellation is to take effect

(2) We may cancel by mailing at least 10 days notice to the insured shown in the Declarations or any certificate of insurance at the address shown In this policy.

c. We may deliver any notice Instead of mailing it. Proof of mailing of any notice shell be sufficient proof of notice.

d. Ifthis policy is canceled, you may be entitled to a premium refund, if so, we will send you the refund promptly. The premium refund, if any, will be computed according to the rule of the State Board of Insurance for this Insurance. However making or offering to make the refund Is not a condition of cancelation.

e. The effective date of cancellation stated In the notice shall become the end of the policy period.

f. Any cancelation or restriction of coverage made without your consent will be of no effect. except me:

(1) provided for in this Cancellation provision; or

(2) required by the State Board of Insurance.

8. CHANGES

This policy contains all the agreements between you and us. Its terms may not be changed or waived except by endorsement issued by us. If a changes requires a premium adjustment, we will adjust the premium as of the effective date of change.

SECTION lV, DEFINITIONS

A. Accident Includes continuous or repeated exposure to the same conditions resulting in bodily Injury or property damage.

B. Auto means a land motor vehicle, trailer or semitrailer designed for travel on public roads but does not Include mobile equipment.

C. Bodily injury means bodily injury, sickness or disease sustained by a person including death resulting from any of these.

D. Family Member means a person related to you by blood, marriage or adoption who Is a resident of your household. This includes a ward or foster child.

E. Insured means any person or organization qualifying as an insured in the Who is an Insured provision the applicable coverage. Except with respect to? the Limit of Insurance. the coverage afforded applying separately to each Insured who is

coverage or against whom a claim or suit brought.

F. Loss means direct and accidental or damage.

G. Mobile equipment means any of the following types of land vehicles Including any Machinery or equipment:

1, Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads:

2, Vehicles maintained for use solely on or next to premises you own or rent;

3. Vehicles that travel on crawler treads:

4. Vehicles, whether self-propelled or not, maintained primary to provide Mobility to permanently mounted:

a. Power cranes. shovels, loaders diggers or drills; or

b. Road construction or resurfacing equipment such as graders, scrapers or rollers.

5. Vehicles not described in paragraphs 1.,2.,3.,4., above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types

a. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, ligthing and well servicing equipment; or

b. Cherry pickers and similar devices mounted on automobile a used to raise or lower workers.

6. not described In paragraphs l., 2., 1, or 4 above maintained primarily for purposes other than the transportation of persons or cargo. However, self propelled vehicles with the following types of permanently attached equipment but will be consider autos:

a. Equipment designed primarily for:

(1) Snow removal

(2) Road maintenance. but not construction or resurfacing; or

(3) Street chiming.

h. Cherry pickers and similar devices mounted on automobile or truck chassis and used to rise or lower workers; and

c, Air compressors, pumps and generators. Including spraying, welding, building cleaning, geophysical exploration ligthing or well servicing equipment.

H, Property damage mount damage to or iota of use of tangible property.

L Suit means a civil proceeding In which damages because of bodily injury or property damages to which this insurance applies are alleged, Suit includes an arbitration proceeding allegin such damages to which you must submit or submit with our content.

J. Trailer includes semitariler.

 

 


Diarte & Asociados, Seguros USA - MEX. Ave. Santa Fe #16 y Blvd. Solidaridad Edificio 2 Suitte 1 A. Hermosillo, Son. Mex. Tel.: (52) 662 216-9018,
218-0182, Mex. 01800-926-9018, U.S.A. 1-866-573-7374.

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