Voluntary Uninsured Motorist Coverage

Originally Adopted by MVRMA Board: June 19, 1995

Purpose

The purpose of this document is to define the limits and the scope of coverage for which MVRMA would be financially responsible, in the event of an accident involving an uninsured or underinsured motorist.

Coverage Statement

For a covered "auto" licensed or principally garaged in Ohio, this voluntary coverage is provided in conjunction with MVRMA's Business Auto Coverage Form, which is purchased from an insurance company. The terms and conditions of the Business Auto Coverage Form are made a part of this voluntary coverage insofar as they apply to this coverage.

A "covered" auto includes owned, non-owned and hired autos. For purposes of this coverage, an owned automobile shall be defined as an auto owned by the named insured or by any municipality which is a  member of the named insured but only while said auto is being used in the business of the named insured or any municipality which is a member of the named insured. This includes those autos which either the named insured or a municipality which is a member of the named insured acquires ownership of after the beginning of the policy term.

Non-owned autos shall be defined as any auto which the named insured or any municipality which is a member of the named insured does not own, lease, hire, rent or borrow which is used in connection with the business of the named insured and/or the business of any municipality which is a member of the named insured. This includes autos owned by employees of the named insured and/or employees of the municipalities which are members of the named insured but only while used in the business of the named insured or any municipality which is a member of the named insured.

Hired autos shall be defined as any auto which the named insured or any municipality which is a member of the named insured leases, hires, rents or borrows, but only while said auto is being used in the business of the named insured or any municipality which is a member of the insured. This does not include any auto which the named insured or any municipality which is a member of the named insured leases, hires, rents or borrows from any of the employees of the named insured or employees of any municipality which is a member of the named insured.

A. Coverage

1. We will pay all sums the "insured" is legally entitled to recover as compensatory damages from the owner or driver of an "uninsured motor vehicle" because of "bodily injury" to an insured caused by an "accident." The owner's or driver's liability for these damages must result from the ownership, maintenance or use of the "uninsured motor vehicle."

2. We will pay only after all liability bonds or policies have been exhausted by judgments or payments.

3. Any judgment for damages arising out of a suit brought without the written consent of the named insured is not binding.

B. Who is Insured

1. Miami Valley Risk Management Association for any covered auto.

2.Any municipality which is a member of Miami Valley Risk Management Association for any covered auto.

3. Anyone else while working within the scope of his employment with Miami Valley Risk Management Association or any municipality which is a member of Miami Valley Risk Management Association who sustains bodily injury while "occupying" a "covered" auto or a temporary substitute for a "covered" auto. The "covered" auto must be out of service because of its breakdown, repair, servicing, loss or destruction.

C. Exclusions

This voluntary coverage does not apply to:

1.Any claims settled without the consent of the named insured.

2. Punitive or exemplary damages.

3.Anyone using a vehicle without a reasonable belief that that person is entitled to do so.

4.The direct or indirect benefit of any insurer or self-insurer under any Workers' Compensation law, disability benefits law or similar law.

D. Limits of Payment

Amount payable for uninsured motorist losses.

Regardless of the number of covered "autos," "insureds," claims made or vehicles involved in the "accident," the most we will pay for bodily injury including death to an insured is $100,000.00 per person and $250,000.00 for all damages resulting from any one accident. The following applies to these limits:

1.The bodily injury limits of $100,000.00 per person are for all legal damages, including all derivative claims, claimed by anyone for bodily injury to one person as a result of one accident. Subject to this limit for any one person, the total limit of $250,000.00 for each accident is for all damages, including all derivative claims, due to bodily injury to two or more persons in any one accident.

2.The insuring of one or more persons or vehicles under this policy does not increase the uninsured motorist limits. In no event will any insured be entitled to more than the highest per person limit applicable to any one auto under this policy or any other policy issued by us.

3.Except with respect to damages resulting from an "accident" with a vehicle described in paragraph B of the definition of "uninsured motor vehicle," any amount payable under this insurance shall be reduced by all sums paid for the same damages by or for anyone legally responsible, including all sums paid under MVRMA's LIABILITY COVERAGE.

4.Any payment under this voluntary coverage to or for an insured will reduce the amount of damages the insured may be entitled to recover under MVRMA'S LIABILITY COVERAGE.

5.The limits of coverage provided under this voluntary coverage shall be reduced by all sums paid or payable to an "insured" because of bodily injury under any workers' compensation, disability benefits or similar law and any accident or health coverage provided by or through an insured's employer.

6.The limits of coverage provided under this voluntary coverage shall be reduced by all sums paid or payable to an "insured" because of any benefits received under any other uninsured motorist coverage.

E. Other Insurance

If an insured sustains bodily injury while occupying a covered auto and the covered auto is described in the declarations page of another policy providing uninsured motorist coverage, or the driver of the covered auto is an insured on another policy of insurance providing uninsured motorist coverage, this voluntary coverage applies:

1.As excess to any similar coverage which applies to the covered auto or its driver as primary coverage; but

2.Only in the amount which this voluntary coverage exceeds the primary coverage.

If this voluntary coverage and any other policy providing uninsured/underinsured coverage apply to the same "accident," the maximum limit of insurance under all of the policies shall be the highest applicable limit of insurance under any one policy.

F. Changes and Conditions

The conditions of MVRMA's business auto coverage for uninsured motorist insurance are changed as follows:

1.Duties in the event of accident, claim, suit or loss:

a. Promptly notify the police if a hit-and-run driver is involved, and

b. Promptly send us copies of the legal papers if a suit is brought.

2.Transfer of rights of recovery is amended by adding the following:

If we make any payment and an "insured" recovers from another party, an " insured" shall hold the proceeds in trust for us and pay us back the amount we have paid.

3.The following condition is added:

Arbitration

a. If we and an "insured" disagree whether the "insured" is legally entitled to recover damages from the owner or driver of an "uninsured motor vehicle" or do not agree as to the amount of damages, either party may make a written demand for arbitration. In this event, each party will select an arbitrator. The two arbitrators will select a third. If they cannot agree within 30 days, either may request that selection be made by a judge of a court having jurisdiction. Each party will pay the expenses it incurs and bear the expenses of the third arbitrator equally.

b. Unless both parties agree otherwise, arbitration will take place in the county in which the "insured" lives. Local rules of law as to arbitration procedures and evidence will apply. A decision agreed to by two of the arbitrators will be binding.

G. Additional Definitions

The following are added to the DEFINITIONS section:

1."Occupying" means in, upon, getting in, on, out or off.

2."Uninsured motor vehicle" means a land motor vehicle or trailer:

a. For which there is no bodily injury liability bond or policy at the time of the accident.

b. Which is an underinsured motor vehicle. This is a motor vehicle for which bodily injury liability coverage or bonds are in effect; however, their total amount is less than the limits of this voluntary coverage of $100,000.00 per person, $250,000.00 per accident.

c. One for which an insuring or bonding company denies coverage or becomes insolvent, or

d. A "hit-and-run" motor vehicle which causes bodily injury to an insured by physical contact with:

(1) Such person; or

(2) A covered auto; or

(3) A vehicle an insured is occupying.

The driver and owner of the "hit-and-run" vehicle must be unknown and a report must have been made to the police within 24 hours. However, "uninsured motor vehicle" does not include any vehicle:

(a) That is owned or operated by a self-insurer under any law;

(b) Any vehicle in use as a residence or premises;

(c) Any equipment or vehicle designed for use mainly off public roads except while on public roads;

(d) Any covered auto insured under MVRMA'S LIABILITY COVERAGE.