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Policy #BA9332B63A <br />b. Return the stolen property, at our ex- <br />pense. We will pay for any damage that <br />results to the "auto" from the theft; or <br />c. Take all or any part of the damaged or <br />stolen property at an agreed or appraised <br />value. <br />If we pay for the "loss", our payment will in- <br />clude the applicable sales tax for the dam- <br />aged or stolen property. <br />5. Transfer Of Rights Of Recovery Against <br />Others To Us <br />If any person or organization to or for whom <br />we make payment under this coverage form <br />has rights to recover damages from another, <br />those rights are transferred to us. That person <br />or organization must do everything necessary <br />to secure our rights and must do nothing after <br />"accident" or "loss" to impair them. <br />B. General Conditions <br />1. Bankruptcy <br />Bankruptcy or insolvency of the "insured" or <br />the "insured's" estate will not relieve us of any <br />obligations under this coverage form. <br />2. Concealment, Misrepresentation Or Fraud <br />This coverage form is void in any case of <br />fraud by you at any time as it relates to this <br />coverage form. It is also void if you or any <br />other "insured", at any time, intentionally con- <br />ceal or misrepresent a material fact concern- <br />ing: <br />a. This coverage form; <br />b. The covered "auto"; <br />c. Your interest in the covered "auto"; or <br />d. A claim under this coverage form. <br />3. Liberalization <br />If we revise this coverage form to provide <br />more coverage without additional premium <br />charge, your policy will automatically provide <br />the additional coverage as of the day the re- <br />vision is effective in your state. <br />4. No Benefit To Bailee — Physical Damage <br />Coverages <br />We will not recognize any assignment or <br />grant any coverage for the benefit of any per- <br />son or organization holding, storing or trans- <br />porting property for a fee regardless of any <br />other provision of this coverage form. <br />COMMERCIALAUTO <br />\ 5. Other Insurance <br />a. For any covered "auto" you own, this <br />coverage form provides primary insur- <br />ance. For any covered "auto" you don't <br />own, the insurance provided by this cov- <br />erage form is excess over any other col- <br />lectible insurance. However, while a cov- <br />ered "auto" which is a "trailer" is con- <br />nected to another vehicle, the Liability <br />Coverage this coverage form provides for <br />the "trailer" is: <br />(1) Excess while it is connected to a mo- <br />tor vehicle you do not own. <br />(2)_ Primary while it is connected to a <br />covered "auto" you own. <br />b. For Hired Auto Physical Damage Cover- <br />age, any covered "auto" you lease, hire, <br />rent or borrow is deemed to be a covered <br />"auto" you own. However, any "auto" that <br />is leased, hired, rented or borrowed with <br />a driver is not a covered "auto". <br />c. Regardless of the provisions of Para- <br />graph a. above, this coverage form's Li- <br />ability Coverage is primary for any liability <br />assumed under an "insured contract". <br />d. When this coverage form and any other <br />coverage form or policy covers on the <br />same basis, either excess or primary, we <br />will pay only our share. Our share is the <br />proportion that the Limit of Insurance of <br />our coverage form bears to the total of <br />the limits of all the coverage forms and <br />policies covering on the same basis. <br />6. Premium Audit <br />a. The estimated premium for this coverage <br />form is based on the exposures you told <br />us you would have when this policy be- <br />gan. We will compute the final premium <br />due when we determine your actual ex- <br />posures. The estimated total premium will <br />be credited against the final premium due <br />and the first Named Insured will be billed <br />for the balance, if any. The due date for <br />the final premium or retrospective pre- <br />mium is the date shown as the due date <br />on the bill. If the estimated total premium <br />exceeds the final premium due, the first <br />Named Insured will get a refund. <br />b. If this policy is issued for more than one <br />year, the premium for this coverage form <br />will be computed annually based on our <br />rates or premiums in effect at the begin- <br />ning of each year of the policy. <br />CA 00 0103 10 (Rev. 02-11) © Insurance Services Office, Inc., 2009 <br />