Current through September 9, 2024
(a)
Coverage. The insurer shall undertake to pay on behalf of the
insured all sums which the insured shall become legally obligated to pay as
damages because of bodily injury or property damage caused by accident and
arising out of the ownership, maintenance or use of a motor vehicle owned or
long-term leased by the named insured. The policy shall designate by explicit
description or by appropriate reference the motor vehicles to which this
coverage applies.
(b)
Defense, settlement, supplementary payments. The insurer shall
defend the insured against any suit seeking damages covered by the policy, and
may make such settlement of any claim or suit as it deems expedient, but the
insurer shall not be obligated to defend any suit after the exhaustion of its
liability by payment of judgments or settlements. The insurer shall pay, in
addition to the policy limits, all expenses incurred by the insurer, premiums
on attachment and appeal bonds, court costs, interest on judgments until the
insurer has offered to pay its portion of the judgment, the cost of bail bonds,
not to exceed one hundred dollars per bond, all expenses incurred by the
insured for first aid to others at the time of the accident and other
reasonable expenses, other than loss of earnings, incurred by the insured at
the insurer's request. The insurer shall, upon request of the named insured,
issue or arrange for the issuance of a bond which shall not exceed the
aggregate limit of bodily injury coverage for the purpose of obtaining release
of an attachment.
(c)
Exclusions. The insurer's obligation to pay and defend may be made
inapplicable:
(1) To liability assumed under
contract;
(2) to intentionally
caused injury or damage;
(3) to any
obligation of the insured to provide workers' compensation or disability
benefits or to cover liability of an employer for employee injuries;
(4) to the use of a motor vehicle as a public
or livery conveyance;
(5) to bodily
injury or property damage resulting from the radioactive, toxic explosive or
other hazardous properties of source, special nuclear or byproduct material,
each as defined in the Atomic Energy Act of 1954, as amended;
(6) while the private passenger motor vehicle
is used for towing a trailer, designed for use with other than a private
passenger motor vehicle which is owned or hired by the insured and not covered
by like insurance in the same company;
(7) to damage to property (A) owned or
transported by the insured or (B) rented to or in the care, custody or control
of the insured or as to which the insured is for any purpose exercising
physical control, other than property damage to a residence or private garage
by a private passenger motor vehicle covered by this insurance;
(8) to the operation of a motor vehicle by an
individual or individuals specifically named by endorsement accepted by the
insured, the form of which has been accepted for filing by the insurance
commissioner;
(9) to liability
arising out of pollution or contamination;
(10) to bodily injury or property damage due
to war, whether or not declared, civil war, insurrection, rebellion or
revolution, or to any act or condition incident to any of the
foregoing;
(11) to bodily injury or
property damage arising out of the ownership, maintenance, use, loading or
unloading of any
(A) haulaway, tank truck or
tank trailer or any automobile used therewith owned, hired or held for sale by
the named insured;
(B) motor
vehicle
(i) while being used in any
prearranged or organized racing, speed or demolition contest or in any stunting
activity or in practice or preparation for any such contest or activity,
or
(ii) while rented to others by
the named insured unless to a salesman for use principally in the business of
the named insured, or
(iii) while
being used by the insured as a public or livery conveyance or for carrying
property for a charge.
(12) To bodily injury to any passenger while
occupying a motorcycle.
(d)
Insured. The insurance
afforded shall apply for the benefit of the named insured and any other person
or organization using the motor vehicle within the scope of his permission from
the named insured, except as follows:
(1) As
respects loading or unloading of a motor vehicle, only the named insured, a
lessee or borrower of the motor vehicle, or an employee of the named insured or
of such lessee or borrower or organization must be an insured;
(2) the insurance as respects any person or
organization other than the named insured need not apply:
(A) To any person or organization, or to any
agent or employee hereof, employed or otherwise engaged in operating a motor
vehicle sales agency, repair shop, service station, storage garage or public
parking place with respect to any accident arising out of the maintenance or
use of a motor vehicle in connection therewith;
(B) to any employee other than an employee of
the named insured with respect to bodily injury sustained by a fellow employee
injured in the course of his employment;
(C)
(i) to
any person other than an employee of the named insured while engaged in the
business of his employer with respect to bodily injury to any fellow employee
of such person injured in the course of his employment;
(ii) to the owner or lessee (of whom the
named insured is a sublessee) of a hired motor vehicle or the owner of a
non-owned motor vehicle or any agent or employee of any such owner or
lessee;
(iii) to an executive
officer of the named insured with respect to a motor vehicle owned by him or by
a member of his household;
(iv) to
a motor vehicle while used with any trailer owned or hired by such person or
organization and not covered by like insurance in the company (except a trailer
designed for use with a private passenger motor vehicle and not being used for
business purposes with another type motor vehicle), or a trailer while used
with any motor vehicle owned or hired by such person or organization and not
covered by like insurance in the company;
(D)
(i) to
a non-owned motor vehicle used in the conduct of any partnership or joint
venture of which the insured is a partner or member and which is not designated
in this policy as a named insured, or
(ii) if the named insured is a partnership,
to a motor vehicle owned by or registered in the name of a partner thereof. The
insurance shall apply separately with respect to each insured against whom
claim is made or suit is brought, provided the inclusion of more than one
insured shall not operate to increase the limits of the insurer's
liability.
(e)
Limits of liability. The
limit of the insurer's liability shall not be less than the applicable limits
for bodily injury and property damage liability specified in subsection (a) of
section
14-112
of the general statutes. Said limits may be stated separately with respect to
bodily injury and property damage, or a single limit of liability may be
stated, provided it shall not be less than the sum of the separate limits for
bodily injury and property damage resulting from any one accident as specified
in said subsection (a). The limits may be stated as applicable regardless of
the number of insureds, persons or organizations sustaining bodily injury or
property damage, claims made or suits brought or motor vehicles to which the
policy applies. The insurance for the liability specified in subsection (a) of
section
14-112
of the general statutes may be written subject to deductible amounts per claim
or per accident, provided an appropriate premium consideration shall be allowed
and the deductible provisions shall be clearly stated in the policy and
provided the insurer shall make full payment of all losses regardless of
reimbursement by the insured.
(f)
Subrogation. The insurer shall be subrogated to any rights of
recovery of the insured against third parties except as restricted by section
38a-336b
of the General Statutes.
(g)
Other insurance. The policy may provide for proration of loss with
other insurance or may provide that insurance for persons or organizations
other than the named insured does not apply if such person or organization has
other insurance applicable to the loss with limits of liability not less than
those specified in subsection (a) of section
14-112
of the General Statutes.
History note reading "Amended, effective November 1, 2000"
edited to standard format "Amended November 1, 2000" (February 18,
2015)
