Majesko v. Nationwide Mutual Insurance Company et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support

N.D. Ga.March 13, 2017

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION ALYSSA MAJESKO, on behalf of herself and all persons similarly situated, Plaintiff, v. NATIONWIDE MUTUAL INSURANCE COMPANY, NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA, and ABC COMPANIES 1-5, Defendants. Civil Action File No.: 1:16-cv-00222-MHC DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S SECOND AMENDED COMPLAINT UNDER FED. R. CIV. P. 12(b)(1) AND 12(b)(6) Defendants Nationwide Mutual Insurance Company and Nationwide Affinity Insurance Company of America (collectively, “Defendants”), through counsel, pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), move the Court to dismiss Plaintiff’s Second Amended Complaint [DE 53] (the “SAC”). In support of this motion, Defendants submit their Memorandum in Support filed contemporaneously herewith. Case 1:16-cv-00222-MHC Document 62 Filed 03/13/17 Page 1 of 3 - 2 - This 13th day of March, 2017. By: /s/ Nathan L. Garroway DENTONS US LLP Nathan L. Garroway Georgia Bar No. 142194 nathan.garroway@dentons.com Jeffrey A. Zachman Georgia Bar No. 254916 jeffrey.zachman@dentons.com 303 Peachtree Street, NE. Suite 5300 Atlanta, GA 30308 Telephone: (404) 527-4000 Facsimile: (404) 527-4198 Mark L. Hanover (admitted pro hac vice) mark. hanover@dentons.com 233 South Wacker Drive, Suite 5900 Chicago, IL 60606-6361 Telephone: (312) 876-8000 Facsimile: (312) 876-7934 Attorneys for Defendants Case 1:16-cv-00222-MHC Document 62 Filed 03/13/17 Page 2 of 3 102794147 CERTIFICATE OF SERVICE I hereby certify that on March 13, 2017, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which sent notification of such filing to counsel of record. This 13th day of March, 2017. By: /s/ Nathan L. Garroway Nathan L. Garroway Jeffrey A. Zachman Case 1:16-cv-00222-MHC Document 62 Filed 03/13/17 Page 3 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION ALYSSA MAJESKO, on behalf of herself and all persons similarly situated, Plaintiff, v. NATIONWIDE MUTUAL INSURANCE COMPANY, NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA, and ABC COMPANIES 1-5, Defendants. Civil Action File No.: 1:16-cv-00222-MHC DEFENDANTS’ MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION TO DISMISS UNDER FED. R. CIV. P. 12(b)(1) AND 12(b)(6) Defendants Nationwide Mutual Insurance Company and Nationwide Affinity Insurance Company of America (collectively, “Defendants”), through counsel, pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), move the Court to dismiss Plaintiff’s Second Amended Complaint (the “SAC”). I. INTRODUCTION This case arises out of an automobile insurance policy (the “Policy”) issued by Defendant Nationwide Affinity Insurance Company of America Case 1:16-cv-00222-MHC Document 62-1 Filed 03/13/17 Page 1 of 16 - 2 - (“Nationwide”)1 to Plaintiff Alyssa Majesko covering a vehicle that she leased from Mercedes-Benz Financial Services (“Mercedes”). (SAC, Ex. A.) Plaintiff alleges that, after her leased vehicle was damaged in an automobile accident, Defendants failed to pay her for the diminished value of the vehicle. However, because Plaintiff leases the vehicle—and does not own it—Plaintiff suffered no diminished value loss. Indeed, the Court already found that “Plaintiff was put in her pre-Accident condition by the approximately $29,000.000 Defendants paid to repair the vehicle [and] any additional damage awarded to Plaintiff in this case could be a windfall.” (Dkt. No. 49, at 9.) In the SAC, Plaintiff now clarifies that she brings suit solely in her capacity as a bailee, and seeks to recover the diminished value that is allegedly owed to the bailor-lessor Mercedes. See McLarty v. Shirley, 122 Ga. App. 786, 787–88, 178 S.E.2d 753, 755 (1970) (“[a] bailee may bring an action against a stranger to recover for damages to bailed property, and he may recover the full damages and hold the balance, beyond his special interest, for the bailor.”) Plaintiff’s claim as a bailee fails as a matter of law for two reasons. First, Plaintiff concedes that she has already been paid for her “special interest” as a 1 The only properly-named defendant is Nationwide Affinity Insurance Company of America, because that is the company that issued the Policy. The remaining Defendant, Nationwide Mutual Insurance Company, is improperly named. Case 1:16-cv-00222-MHC Document 62-1 Filed 03/13/17 Page 2 of 16 - 3 - bailee, i.e., repairs to the leased vehicle. Now, Plaintiff cannot pursue the diminished value claim of Mercedes, i.e., “beyond her special interest,” because the face of Plaintiff’s lease (the “Lease”)—which Plaintiff affirmatively attached as an exhibit to the SAC—plainly demonstrates that she has no contractual authority to pursue such a claim for Mercedes. Specifically, the Lease states: “For claims arising under [Plaintiff’s] insurance that concern physical damage to the vehicle, [Plaintiff] appoints [Mercedes as Plaintiff’s] attorney-in-fact to initiate, settle or release the claim.” (SAC, Ex. A ¶¶ 19, 36.) Thus, even if Georgia common law otherwise allows bailees to pursue claims “beyond” their special interest, see McLarty, 122 Ga. App. at 787–88, 178 S.E.2d at 755, the contractual Lease agreement between Plaintiff and Mercedes explicitly authorizes only Mercedes to assert its own diminished value claim here—not Plaintiff. See Mark Singleton Buick, Inc. v. Taylor, 194 Ga. App. 630, 632, 391 S.E.2d 43, 437 (1990) (where lease creates bailment, “the relationship between [bailor] and [bailee] is governed by the lease terms.”). For that reason alone, the SAC should be dismissed in its entirety. Second, as permitted by the explicit terms of the Policy, Nationwide has already tendered full payment of diminished value to Mercedes, and therefore Plaintiff no longer has standing to seek recovery on behalf of Mercedes. As Case 1:16-cv-00222-MHC Document 62-1 Filed 03/13/17 Page 3 of 16 - 4 - Plaintiff pursues claims only in her capacity as bailee, and as the bailor has already been fully paid for diminished value, the claims here are moot. For this independent reason, the SAC should be dismissed. II. STATEMENT OF FACTS Plaintiff leased a Mercedes-Benz vehicle in 2014. (See SAC ¶ 10, Ex. A.) The Lease requires Plaintiff to provide primary insurance coverage on the vehicle. (SAC, Ex. A ¶ 19.) The Lease further provides: For claims arising under your insurance that concern physical damage to the vehicle, you appoint [Mercedes] your attorney-in-fact to initiate, settle or release the claim. You authorize [Mercedes] to cash or negotiate checks or drafts or other payments received from your insurance company and endorse your name on such items if you are a payee.... You appoint us, to the extent permitted by law, through our appointed officer or employee, as your attorney-in- fact to act on your behalf in any insurance/coverage matter relating to the vehicle[.] (Id. at ¶¶ 19, 36) Upon entering into the Lease, Plaintiff purchased the Policy from Nationwide. (See certified copy of policy 7710C 308910, attached hereto as Exhibit A.)2 The Policy provides in relevant part: “Payment for loss will be made 2 Plaintiff attached as Exhibit B to the SAC incomplete portions of the Policy. Defendants attach to this Motion as Exhibit A the complete certified copy of the Case 1:16-cv-00222-MHC Document 62-1 Filed 03/13/17 Page 4 of 16 - 5 - according to the interest of the policyholder and lienholder. At our option, payment may be made to both jointly, or to either separately.” (Ex. A, policy 7710C 308910, form Z-010 at P7; see also form V-3317-A at 2) (emphasis in original). On or about February 21, 2015, Plaintiff was involved in an automobile accident that damaged her vehicle, and she made a claim. (SAC ¶¶ 16-19.) Nationwide paid $29,089.78 to repair the vehicle, but declined to pay diminished value because she does not own the vehicle. Id. On January 22, 2016, Plaintiff filed this putative class action lawsuit, (Dkt. No. 1), and subsequently filed a First Amended Complaint on April 5, 2016. (Dkt. No. 17). Defendants moved to dismiss the Amended Complaint. (Dkt. No. 30). On January 24, 2017, the Court granted in part and denied in part Defendants’ Motion. (Dkt. No. 47). The Court dismissed Plaintiff’s claims for declaratory judgment, negligence, equitable & injunctive relief, punitive damages, and certain statutory attorney’s fees. The Court also rejected Plaintiff’s attempt to allege Policy. The Court may consider Exhibit A on a motion to dismiss under Rule 12(b)(1) and 12(b)(6). Hoefling v. City of Miami, No. 14-12482, 2016 WL 285358, at *4 (11th Cir. Jan. 25, 2016); Miranda v. Ocwen Loan Servicing, LLC, No. 15-61434-CIV, 2015 WL 7767209, at *2 (S.D. Fla. Dec. 2, 2015) (“[A] document attached to a motion to dismiss may be considered by the court without converting the motion into one for summary judgment only if the attached document is: (1) central to the plaintiff's claim and (2) undisputed.”). Case 1:16-cv-00222-MHC Document 62-1 Filed 03/13/17 Page 5 of 16 - 6 - breach of contract in her personal capacity as a lessee, reasoning that “Plaintiff did not suffer any damages as a result of Defendants’ refusal to pay Plaintiff for the diminished value in the vehicle.” (Id. at 9). “[A]ny additional damage awarded to Plaintiff in this case could be a windfall.” (Id.) However, the Court additionally found that, under Georgia common law, Plaintiff may attempt to pursue certain claims as a bailee, holding any recovery for the benefit of the bailor, Mercedes. (Id. at 9-10.) The Court noted that, “there ha[d] been no showing as to whether Nationwide ha[d] made any payment to the lienholder [Mercedes] for the diminished value of the vehicle.” (Id. at 10, n.3). On February 7, 2017, Plaintiff filed a Motion for Leave to File a Second Amended Complaint. (Dkt. No. 51). The Court granted that Motion on February 13, 2017. (Dkt. No. 52). The SAC eliminates Plaintiff’s claims for declaratory judgment, gross negligence & negligence per se, equitable & injunctive relief, punitive damages, and certain statutory attorney’s fees, leaving only claims for breach of contract, breach of the covenant of good faith and faith dealing, and bad faith litigation under O.C.G.A. § 33-4-6. The SAC further makes clear that Plaintiff seeks recovery on behalf of Mercedes in her capacity as bailee. On March 13, 2017, Nationwide tendered the full amount of diminished value to the lessor, Mercedes. (See Exhibit B, copy of check tendered to Case 1:16-cv-00222-MHC Document 62-1 Filed 03/13/17 Page 6 of 16 - 7 - Mercedes). Thus, neither Plaintiff, the bailee-lessee, nor Mercedes, the bailor- lessor, have a live claim for recovery of diminished value under the Policy. III. ARGUMENT A. The Express Terms Of The Lease3 Bar Plaintiff’s Claims. The Court here noted that Georgia common law generally allows a bailee with a special interest in bailed property to recover for all damages to that property, holding damages beyond the bailee’s special interest for the benefit of the bailor. See (Dkt. No. 47 at 10 (citing McLarty v. Shirley, 122 Ga. App. 786, 787-88, 178 S.E. 2d 753 (1970)); see also Marietta Ice & Coal Co. v. W. & A.R. Co., 24 Ga. App. 725, 102 S.E. 182 (1920) (“A bailee, who is entitled to the possession of the property bailed, has such a special interest therein as entitles him to maintain in his own name a suit against a third party for the loss or destruction of the property.”) However, when a bailor-bailee relationship is contractually defined, as in a lease, then “the relationship between [bailor] and [bailee] is governed by the lease terms.” Mark Singleton, 194 Ga. App. at 632 (finding that terms of lease agreement superseded and modified parties’ rights and obligations under Georgia common law) (emphasis added); Benford v. RDL, Inc., 223 Ga. App. 800, 802, 479 3 Because Plaintiff attached the Lease to the SAC, the Court may consider its terms when ruling on this Motion. Stalley ex rel. U.S. v. Orlando Reg'l Healthcare Sys., Inc., 524 F.3d 1229, 1233 (11th Cir. 2008). Case 1:16-cv-00222-MHC Document 62-1 Filed 03/13/17 Page 7 of 16 - 8 - S.E.2d 110, 112 (1996) (bailment relationship created by ski rental governed by rental agreement). Here, the Lease modifies the rights and obligations of the bailor and the bailee under Georgia law. Specifically, the Lease authorizes Mercedes—not Plaintiff—“to initiate, settle or release” insurance claims for physical damage to the leased vehicle. (Am. Compl, Ex. A ¶ 19). The Lease further specifies that Plaintiff appoints Mercedes as attorney-in-fact “in any insurance/coverage matter relating to the vehicle” (Id. ¶ 36.) While Nationwide already paid Plaintiff for her interest in the vehicle as bailee, no allegations in the SAC either state or imply that Mercedes has somehow authorized Plaintiff to seek diminished value on its behalf. On the contrary, the only relevant language in the SAC says exactly the opposite— that Mercedes is the attorney-in-fact with authority to initiate, settle or release any insurance or coverage claim. Thus, any right or interest otherwise held by Plaintiff to seek diminished value has been contractually ceded or assigned to Mercedes.4 4 See Allianz Life Ins. Co. of N. Am. v. Riedl, 264 Ga. 395, 397, 444 S.E.2d 736, 738 (1994) (“[A]n assignment of benefits by an insured … divest[s] the insured of the right to bring an action against the insurer.”); Brown & Williamson Tobacco Corp. v. Collier, No. 5:09-CV-00125 (HL), 2010 WL 1487772, at *6 (M.D. Ga. Apr. 13, 2010) (provision which secures the right “to initiate legal action in the name of the covered person against the third person” constitutes valid assignment); Blue Cross & Blue Shield of Georgia, Inc. v. Bennett, 223 Ga. App. 291, 291, 477 S.E.2d 442, 443 (1996) (assignment of benefits under health insurance policy Case 1:16-cv-00222-MHC Document 62-1 Filed 03/13/17 Page 8 of 16 - 9 - Based on the circumstances here, the general bailor/bailee rule set forth in McLarty simply does not apply. No Georgia case allows a bailee to gratuitously recover damages where she has contractually appointed the bailor as her attorney- in-fact with respect to any purported “special interest” in the bailed property. Nor does any Georgia case allow a bailee to recover where she “did not suffer any damages” (Dkt. No. 49 at 9) as a result of harm to the bailed property, and where the only alleged “damage” is diminished value owed exclusively to the bailor- lessor Mercedes. Where Mercedes has contractually reserved for itself the authority to pursue its own interest in the leased vehicle (see SAC, Ex. A ¶¶ 19, 36), Plaintiff has no authority to flout the language of the Lease, and her claim for breach of contract must be dismissed. See Mark Singleton, 194 Ga. App. at 632 (where lease “transferred the cause of action for the benefits to the hospital and divested [insured] of the right to bring an action . . . under the insurance policy.”); Pittman v. Maxwell, 175 Ga. App. 138, 138, 332 S.E.2d 683, 684 (1985) (document providing that insurer was authorized to recognize assignee’s right to make a claim under insurance policy constituted assignment); S. Mut. Life Ins. Ass'n v. Durdin, 132 Ga. 495, 64 S.E. 264, 265 (1909) (“No special form of words is necessary to make an assignment. Any language, however informal, if it shows the intention of the owner of the chose in action to transfer it, will be sufficient to vest the property in the assignee.”); contrast Piedmont S. Life Ins. Co. v. Gunter, 108 Ga. App. 236, 240, 132 S.E.2d 527, 531 (1963) (finding no assignment where contract “containing no words of present assignment and merely authoriz[ed] and direct[ed]” payment to a third party). Case 1:16-cv-00222-MHC Document 62-1 Filed 03/13/17 Page 9 of 16 - 10 - agreement creates bailment, terms of that agreement control and supersede common law rights and obligations).5 B. Plaintiff’s Claim is Moot. On March 13, 2017, consistent with the terms of the Lease,6 and pursuant to the explicit terms of the Policy7 Nationwide elected to tender the full amount of diminished to Mercedes, rendering this suit moot. (See Exhibit B, copy of check tendered to Mercedes).8 5 The SAC asserts claims for breach of contract, breach of the covenant of good faith and fair dealing, and penalties under O.C.G.A. § 33-4-6. The first two claims are barred for the reasons set forth above. And, because Plaintiff has no justiciable claim under the Policy, her claim for penalties and attorneys fees under O.C.G.A. § 33-4-6 also fails. See Life & Cas. Ins. Co. of Tennessee v. Crowe, 147 Ga. App. 629, 631, 249 S.E.2d 682, 684 (1978) (where plaintiff lacked justiciable claim under insurance policy, he cannot prevail on claim for bad faith under O.C.G.A. § 33-4-6); Mahens v. Allstate Ins. Co., 447 F. App'x 51, 56 (11th Cir. 2011) (bad faith claim under O.C.G.A. § 33-4-6 fails where underlying claim on policy also fails); Lewis, 494 U.S. at 480. (An “interest in attorney's fees is, of course, insufficient to create an Article III case or controversy where none exists on the merits of the underlying claim.”). 6 See SAC, Ex. A ¶¶ 19, 36 (“You authorize [Mercedes] to cash or negotiate checks or drafts or other payments received from your insurance company and endorse your name on such items if you are a payee.”) 7 See Ex. A, policy 7710C 308910, form Z-010 at P7; see also form V-3317-A at 2 (“At [Nationwide’s] option, payment may be made to both [policyholder and lienholder] jointly, or to either separately.”) 8 The Court may consider this material under Fed. R. Civ. P. 12(b)(1). See Lawrence v. Dunbar, 919 F.2d 1525, 1529 (11th Cir. 1990) (factual attacks on subject matter jurisdiction under Rule 12(b)(1) “challenge the existence of subject matter jurisdiction in fact, irrespective of the pleadings, and matters outside the Case 1:16-cv-00222-MHC Document 62-1 Filed 03/13/17 Page 10 of 16 - 11 - “The Supreme Court has long recognized that … the federal courts cannot exercise jurisdiction over cases where the parties lack standing, or where the issue in controversy has become moot.” Florida Wildlife Fed'n, Inc. v. S. Florida Water Mgmt. Dist., 647 F.3d 1296, 1302 (11th Cir. 2011). “[A] case is moot when the issues presented are no longer ‘live’ or the parties lack a legally cognizable interest in the outcome.” BankWest, Inc. v. Baker, 446 F.3d 1358, 1364 (11th Cir. 2006) (quotations and citations omitted). If a change of circumstances subsequent to the filing of the suit would deprive the court of the ability to give the plaintiff “meaningful relief,” then the case becomes moot and “must be dismissed.” Nat’l Ass’n of Bds. of Pharmacy, 633 F.3d at 1309 (quotation omitted); Nat'l Advert. Co. v. City of Miami, 402 F.3d 1329, 1332 (11th Cir. 2005) (“If a lawsuit is mooted by subsequent developments, any decision a federal court might render on the merits of [the] case would constitute an [impermissible] advisory opinion.”). “[I]t is not enough that a dispute was very much alive when suit was filed, … [t]he parties must continue to have a personal stake in the outcome of the lawsuit” throughout pleadings, such as testimony and affidavits, are considered.”) (quotations and citations omitted); Thomas v. Branch Banking & Trust Co., 32 F. Supp. 3d 1266, 1268 (N.D. Ga. 2014) (motion to dismiss on mootness grounds presents factual attack and thus “the Court is free to weigh evidence and need not assume the truth of the plaintiff's averments.”). Case 1:16-cv-00222-MHC Document 62-1 Filed 03/13/17 Page 11 of 16 - 12 - the litigation. Lewis v. Cont'l Bank Corp., 494 U.S. 472, 477–78 (1990) (quotations and citations omitted). The U.S. Supreme Court articulated relevant elements of the mootness doctrine in Alvarez v. Smith, 558 U.S. 87 (2009). Plaintiffs sued to recover cash and vehicles seized by the police, but during the course of litigation, the defendant returned the seized property. The Court held that the case was moot because there was no longer a live dispute regarding ownership of the subject property. See also Grice v. Colvin, No. GJH-14-1082, 2016 WL 1065806 (D. Md. Mar. 14, 2016) (suit to recover funds obtained pursuant to a tax offset was rendered moot for lack of “live” controversy when defendant tendered funds during the course of litigation); California v. San Pablo & Tulare R. Co., 149 U.S. 308 (1893) (suit to recover tax proceeds rendered moot where money were tendered during course of litigation); Little v. Bowers, 134 U.S. 547 (1890) (suit rendered moot where funds tendered to plaintiff). Here, as in Alvarez, Grice, San Pablo, and Little, Plaintiff’s claim is moot because any interest she may have held in pursuing diminished value was extinguished by Defendants’ payment to Mercedes. Now, Plaintiff not only lacks a personal stake in the litigation on her own behalf, see (Dkt. No. 47 at 9), but she also lacks any stake as a bailee because the bailor has already been paid. While the Case 1:16-cv-00222-MHC Document 62-1 Filed 03/13/17 Page 12 of 16 - 13 - Court previously found “there has been no showing as to whether Nationwide has made any payment to the lienholder [Mercedes] for the diminished value of the vehicle[,]” (Id. at 10, n.3), Defendants have now made that showing. Thus the suit is moot, and the SAC should be dismissed in its entirety.9 See Lewis, 494 U.S. at 477–78 (“[I]t is not enough that a dispute was very much alive when suit was filed, … [t]he parties must continue to have a ‘personal stake in the outcome’ of the lawsuit” throughout the litigation.) (quotations and citations omitted); Alvarez, 558 U.S. at 87. IV. CONCLUSION For the reasons set forth above, the Court should dismiss the SAC in its entirety. 9 As set forth above, Plaintiff’s claims for breach of the covenant of good faith and faith dealing, and for penalties under O.C.G.A. § 33-4-6 fail because Majesko has not stated a claim for breach of the Policy. Case 1:16-cv-00222-MHC Document 62-1 Filed 03/13/17 Page 13 of 16 - 14 - This 13th day of March, 2017. By: /s/ Nathan L. Garroway DENTONS US LLP Nathan L. Garroway Georgia Bar No. 142194 nathan.garroway@dentons.com Jeffrey A. Zachman Georgia Bar No. 254916 jeffrey.zachman@dentons.com 303 Peachtree Street, NE. Suite 5300 Atlanta, GA 30308 Telephone: (404) 527-4000 Facsimile: (404) 527-4198 Mark L. Hanover (admitted pro hac vice) mark. hanover@dentons.com 233 South Wacker Drive, Suite 5900 Chicago, IL 60606-6361 Telephone: (312) 876-8000 Facsimile: (312) 876-7934 Attorneys for Defendants Case 1:16-cv-00222-MHC Document 62-1 Filed 03/13/17 Page 14 of 16 CERTIFICATE UNDER LOCAL RULE 7.1(D) Pursuant to Local Rule 7.1(D), I certify that the foregoing pleading is a computer-generated document, prepared in Times New Roman, 14-point font, in accordance with Local Rule 5.1(B). By: /s/ Nathan L. Garroway Nathan L. Garroway Jeffrey A. Zachman Case 1:16-cv-00222-MHC Document 62-1 Filed 03/13/17 Page 15 of 16 CERTIFICATE OF SERVICE I hereby certify that on March 13, 2017, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which sent notification of such filing to counsel of record. This 13th day of March, 2017. By: /s/ Nathan L. Garroway Nathan L. Garroway Jeffrey A. Zachman Case 1:16-cv-00222-MHC Document 62-1 Filed 03/13/17 Page 16 of 16 EXHIBIT A Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 1 of 59 Certification I, Lolita Johnson-Ondatto, as a duly authorized Nationwide Insurance associate entrusted with oversight of the system of record from which this copy was produced, based upon information and belief, certify under the penalty of perjury that this attached copy of policy 7710C 308910 was made at or near the time of certification, as part of regularly conducted business activities, and is a true and accurate copy of the official record kept as part of regular business activities. Date: February 3, 2016 Signature ____Lolita Johnson-Ondatto__ Print Name ___Sr. Processor, Imaging______ Title Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 2 of 59 POLICY MASTER RECORD PRINTOUT 01/04/16 09A-CANCELLED PAGE 01 OF 07 RO ST PRE POLNUM LAST NAME REASON: HISTORICAL MRPO - MONTH END 77 10 C 308910 MAJESKO MRPO TYPE: 01 CNTY TERR TOWN-CL TAX-CD TAX-PRCT/CHRG-PRM FIRE-DIST 060 271 SP AP MKT-GRP MKT-LOC CATG SPL-GRP CHG-RSN TAG-SRC 1 1 00 00 ADDRESS ORIGIN - CUSTOMER BIND DATE/TIME 06-10-2011 12:01 AE AGENT 30123 NATIONWIDE SALE TEL 800 421 1444 ACTIVE SSR FULL-COMM ALYSSA MAJESKO AOA INSTALL DATE 12/11/01 222 12TH ST NE UNIT 1603 CUSTOMER NUMBER R7702450937 ATLANTA, GA MEDIA 00128000 30309-4074 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 3 of 59 POLICY MASTER RECORD PRINTOUT 01/04/16 09A-CANCELLED PAGE 02 OF 07 RO ST PRE POLNUM LAST NAME REASON: HISTORICAL MRPO - MONTH END 77 10 C 308910 MAJESKO MRPO TYPE: 01 * * * * * * * * * * * * * * * POLICY BASIC DATA * * * * * * * * * * * * * * * REN-DT NEXT-REN OSU-EFF GUAR-REN ANNL-ANNIV CO SPL-GRP TERM TERM-NUM 12/10/14 06/10/15 06/10/11 06/10/15 NAIC SA 038 BAD TIER FUT- JACKET ACTN- FULL-TERM REN RISK HCD FRE IDFR CHNG ISS-NUM/SFX TAKEN PREM WRTN-PREM CRE 0 Y C 01 N 02010 687.30 570.50 RECVD LAST CHNG FACILITY FAC TO D DR IN OFFICE EFF DATE PRODUCT NON-REN RESL-MKT PRIOR/CURR VOL FL HRV PRCT 06/06/11 05/10/15 AUTO VOLUNTARY PLAN-CD CESS DATE DEV AQD M+REN PLIND NM DED-REW POI CNV-IND 8 000 841 SA 0 000 0000 DECS 05/08/15 11/07/14 10/21/14 05/09/14 11/08/13 05/09/13 11/08/12 05/10/12 VEH REV-TYPE/DATE VEH REV-TYPE/DATE VEH REV-TYPE/DATE P QUEST 04/11/17 P MVR 10/21/15 P CBR 04/06/18 MULTI LNG TM OTHER TORT PURCHAS LIFE-DISCOUNT #MCD DISC DISC DISC FLAG FLAG VA TR AN HE ELIG 46.60 0.00 0.00 N N N N N 001 MISC BI-LT INELIG LIAB RTD MATRIX HHC CTR TPC TPC FEES THRES RISK SUR LIM CD THR CODE #D BY SIG CODE TERMS 0.00 N G8 G 01 74 000 9 DEC-EFF ACC FORG ASSOC TRSFR MNL EPD TIER-EFF DATE RECOUP FHCF ELIG DATE DISC PR CD CEDE IND DATE 12/10/14 0.00 0.00 06/10/11 N E GRU BI PD FPB COMP COLL UM CONF COV TERR 173 000 000 000 000 000 A ACC-FORG ACC-FORG MIN-FORG MIN-FORG DED-REWD DED-REWD TLOSS-WVR PURCH DATE PURCH DATE PURCH DATE PURCH Y 06/10/2011 Y 06/10/2011 N 12/31/3500 N TOT FILED STBL NEW STBL OLD TOT POL CAP CAP CAP MHO CASS VD PCH IRT PREM PREM PREM CAP FLG FCTR IND FLG MSG DATE IND 0.00 0.00 0.00 0.00 0.000 CURR #PAST WIN SEL SEL #MAD PROC DATE OLD OLD OLD COMPANY PPD CARR CARR BACK CUST DISC ELIG POL ADDED CO RM TIER CONV DT IND 0 000 Y TM IND Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 4 of 59 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 5 of 59 POLICY MASTER RECORD PRINTOUT 01/04/16 09A-CANCELLED PAGE 04 OF 07 RO ST PRE POLNUM LAST NAME REASON: HISTORICAL MRPO - MONTH END 77 10 C 308910 MAJESKO MRPO TYPE: 01 * * * * * * * * * * * * * * DRIVER/ACCIDENT DATA * * * * * * * * * * * * * DRIV VEH BIRTH PRINC OCCUP NUM NUM NAME SEX DATE OPR CODE 1 0 ALYSSA A MAJESKO F 08/06/74 P 41 LIC MVR RETN LIC CASE RES- REG ST LIC NUM DATE STAT NUM CHILD OWN PA 25614497 04/22/15 A N A A/V A/V A/V A/V A/V A/V CHRG A/V EXP FORG FAULT CLM NUM TYPE CHRG PTS DATE DATE DATE FLAG IND YRS CLG-STU MART SC LICENSE MNL ASSOC DRIV FLAG STAT RC DATE DTE GD SMD ID ECN 9 N S N 00 000000 0045377506 TIME LAST LAST CHARGE CHARGE CHARGE CHARGE CHARGE TOT VIOL LAST ACC MAJ VIOL MIN VIOL ACC CNT ACC 5YR MAJ 5YR MAJ VIOL MIN VIOL 35MO CNT 000 000 000 000 000 000 000 000 000 ACC FREE FORGN ACC FORGN MIN STBLT VIOL SAFE CBR CBR-RTN ALH ALH-RTN FLAG FLAG VIOL FLAG WVR FLAG DISC STA DATE STA DATE Y N N N R 04/10/15 C 05/05/11 DISC DISC EFF DISC EXPR TYPE DATE DATE COMP AVG COLL AVG PD AVG BI AVG MDCL AVG NOT FLT CNT PRV LIC ST FCTR FCTR FCTR FCTR FCTR 00.47 00.57 00.61 00.61 00.55 0 RES/NON RSN NOT INSD TIME CHG DUI SERIOUS CHG MIN TOT FLAG LIC REL LAST DUI CNT VIOL CNT 24MO CNT VIOL PTS Y NI 000 000 0 0 0 NUM VIOL VIOL VIOL ACC ACC ACC OLDEST SPEED 0-12 MO 13-24 MO 25-35 MO 0-12 MO 13-24 MO 25-35 MO DR AGE 0 0 0 0 0 0 0 40 MIN FORG ELIG DATE 06/10/2011 * * * * * * * * * * * * * * * VEHICLE COVERAGES * * * * * * * * * * * * * * * VEHICLE V1 15 BENZ GLK350 COV-ID COMP COLL PD BI MP UMBI UMPD DED-AMT 250 500 250 LIMIT 100 100/ 300 5,000 100/ 300 100 OPT 123 123 OPT-AMT RATE-FACT MNUL Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 6 of 59 POLICY MASTER RECORD PRINTOUT 01/04/16 09A-CANCELLED PAGE 05 OF 07 RO ST PRE POLNUM LAST NAME REASON: HISTORICAL MRPO - MONTH END 77 10 C 308910 MAJESKO MRPO TYPE: 01 TERR ORIG 2 2 2 2 2 2 2 SUR% BASE-PREM SUR-PREM NCRP-PREM VVU-PREM GAP-PREM CSTZ-PREM FULL-TERM 55.00 207.30 115.50 115.20 38.70 79.10 7.60 ROLL-ON N N N N N N N SCD LCD COST-CLSS 291 312 215 188 182 000 000 RATE-DATE 14164 14164 14164 14164 14164 14164 14164 CAP-AMT LCE-DATE INCL-STBL COV-ID LOU TL/RSA DED-AMT LIMIT 50/1300 OPT 068 201 OPT-AMT RATE-FACT MNUL TERR ORIG 2 2 SUR% BASE-PREM SUR-PREM NCRP-PREM VVU-PREM GAP-PREM CSTZ-PREM FULL-TERM 48.90 20.00 ROLL-ON N N SCD LCD COST-CLSS 000 000 RATE-DATE 14164 14164 CAP-AMT LCE-DATE INCL-STBL TOTAL PREMIUM = 687.30 * * * * * * * * * * * * * * VEHICLE ENDORSEMENTS * * * * * * * * * * * * * * VEH V1 3505 3317 A 3455 A 3475 * * * * * * * * * * * * * * * THIRD PARTY DATA * * * * * * * * * * * * * * * VEH THRDPTY EXPIR- DEC DAIMLER TRUST NUM NUM/TYPE DATE FLAG PO BOX 685 V1 1 LEASE Y ROANOKE,TX Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 7 of 59 POLICY MASTER RECORD PRINTOUT 01/04/16 09A-CANCELLED PAGE 06 OF 07 RO ST PRE POLNUM LAST NAME REASON: HISTORICAL MRPO - MONTH END 77 10 C 308910 MAJESKO MRPO TYPE: 01 76262-0000 * * * * * * * * * * * * * * POLICY ENDORSEMENTS * * * * * * * * * * * * * * 3436 3395 * * * * * * * * * * * * * * * * * HISTORY * * * * * * * * * * * * * * * * * * PROC EFF SRC SYS BUS-REQ ADDITIONAL INFO 08/03/15 08/03/15 CBS CBS OCP ACCOUNT 314.30 CR 14701 08/03/15 08/03/15 CBS CBS PREM CHANGE -314.30 08/03/15 05/10/15 IP POL ADJ CANCL DT RSN 063 REQUEST CANCEL PRORATE 07/30/15 07/30/15 CBS CBS OCP ACCOUNT 568.10 CR 14701 07/30/15 07/28/15 OCP POL CAN POL RSN 078 NON PAY BALANCE DUE 05/28/15 06/10/15 CPS POL ADD ACC/VIOL D1 A/V# 1 ACCIDENT DATE 02/21/15 05/08/15 06/10/15 AGN POL CALC REN 05/08/15 06/10/15 PP POL CHG COV V1 LOU 50 1300 OPT 68 PP ROLL N 05/08/15 06/10/15 AGN POL CHG POL BASIC HCD Y FIRE-FORM C Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 8 of 59 POLICY MASTER RECORD PRINTOUT 01/04/16 09A-CANCELLED PAGE 07 OF 07 RO ST PRE POLNUM LAST NAME REASON: HISTORICAL MRPO - MONTH END 77 10 C 308910 MAJESKO MRPO TYPE: 01 * * * * * * * * * * * * * * * * * HISTORY * * * * * * * * * * * * * * * * * * PROC EFF SRC SYS BUS-REQ ADDITIONAL INFO 05/08/15 06/10/15 PP POL CHG POL BASIC CUR BI THR G8 RTD BI THR G 05/08/15 05/08/15 CBS CBS OCP ACCOUNT 765.60 DB 14701 05/08/15 05/08/15 CBS CBS RENEWAL +765.60 04/23/15 06/10/15 AIS POL CHG DRV BASIC D1 DRIV-NUM 01 MVR PROCSD P AIS MVR RET DT 141022 RTN DOC B 04/20/15 04/20/15 PP POL CHG REV DT P00-022 DT 042115 04/14/15 04/13/15 AIS POL CHG DR2 D1 DR2# DRIV-NUM 01 AIS INF-BR-KEY 45861215452030405102 AIS CBR-RTN-DT 20150409 CBR-STATUS R 04/13/15 04/10/15 AIS POL CHG DR2 D1 DR2# DRIV-NUM 01 AIS INF-BR-KEY 95020060530150501102 AIS CBR-RTN-DT 20110505 CBR-STATUS P 04/03/15 04/03/15 PP POL CHG REV DT P00-037 VEH 0 TP 37 DT 040615 PP / 11/07/14 12/10/14 AGN POL CALC REN 11/07/14 12/10/14 PP POL CHG POL BASIC CUR BI THR G7 RTD BI THR G 11/07/14 11/07/14 CBS CBS RENEWAL +687.30 11/07/14 11/07/14 CBS CBS DISCOUNTS HCD +46.60LTD +0.00AOD +0.00 11/07/14 11/07/14 CBS CBS OCP ACCOUNT 687.30 DB 14701 10/27/14 12/10/14 IP POL CHG DRV BASIC D1 MVR PROCSD P 10/27/14 10/27/14 PPD POL CHG PB2 PAPERLESS 10/23/14 12/10/14 AIS POL CHG DRV BASIC D1 DRIV-NUM 01 MVR PROCSD P AIS MVR RET DT 140422 RTN DOC B 10/21/14 10/21/14 CBS CBS PREM CHANGE -16.40 10/21/14 10/21/14 CBS CBS OCP REFUND 16.40 CR 14701 10/21/14 10/20/14 PP POL CHG REV DT P00-022 DT 102114 10/21/14 10/18/14 AIS POL ADD THRD PTY V1 3PTY# 1 10/21/14 10/18/14 AIS POL CHG COV V1 BI CC 205 10/21/14 10/18/14 AIS POL CHG COV V1 COLL CC 312 10/21/14 10/18/14 AIS POL CHG COV V1 COMP CC 291 10/21/14 10/18/14 AIS POL CHG COV V1 MP CC 192 10/21/14 10/18/14 AIS POL CHG COV V1 PD CC 192 10/21/14 10/18/14 AIS POL REPL VEH V1 9 MINI COOPER S AIS WMWMF73589TX41005 VIN-CD 6 SPT 01 AIS QLFR 00 CPRS 312 CLRS 309 ENG 00000 AIS RESTRNT 01 10/20/14 10/20/14 PP POL CHG REV DT P00-022 DT 102114 05/09/14 06/10/14 AGN POL CALC REN 05/09/14 06/10/14 PP POL CHG POL BASIC CUR BI THR G6 RTD BI THR G 05/09/14 05/09/14 CBS CBS OCP ACCOUNT 728.10 DB 14701 05/09/14 05/09/14 CBS CBS DISCOUNTS HCD +48.70LTD +0.00AOD +0.00 05/09/14 05/09/14 CBS CBS RENEWAL +728.10 04/23/14 06/10/14 AIS POL CHG DRV BASIC D1 DRIV-NUM 01 MVR PROCSD P AIS MVR RET DT 131022 RTN DOC B Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 9 of 59 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 10 of 59 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 11 of 59 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 12 of 59 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 13 of 59 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 14 of 59 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 15 of 59 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 16 of 59 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 17 of 59 Endorsement 3317A Leased Auto Additional Interest andABCD Loss Payable Provisions Please attach this important addition to your auto policy. This endorsement extends the coverages shown below to the interest of the person or organization named. It applies while the described auto is under lease, rental or similar agreement. It expires when the lease, rental, or similar agreement is terminated, or when the bailor or his agent takes possession of the auto. DESCRIPTION OF AUTOMOBILE INSURED PHYSICAL DAMAGE COVERAGE COMPREHENSIVE COLLISION LIMITS OF LIABILITY Additional Interest/ Loss Payee Name and Address: Policy Number: Effective Date: Policyholder Name and Address: 2009 Nationwide Mutual Insurance Company, All Rights Reserved V-3317-A Page 1 of 2 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 18 of 59 With respect to the Comprehensive and Collision coverages provided by this policy, payment for loss will be made according to the interest of the policyholder and loss payee, but will not exceed the actual cash value of the vehicle. Payment may be made to both jointly, or to either separately. Either way, the company will protect the interests of both. Protection of the loss payee's financial interest in the physical condition of the vehicle will not be affected by any act or omission of any person entitled to coverage under this policy. However, protection under this clause does not apply: 1. In any case of: a) fraud; b) misrepresentation, either in the application process, or in the presentation of the claim; c) material omission; d) conversion; e) embezzlement; f) secretion; or g) willful damaging or destruction of your auto; committed by or at the direction of you or a relative. 2. To the loss of your auto which occurs: a) while it is being used on a temporary or permanent basis, for the transportation of, or in exchange for, any illegal substance, or in connection with any criminal trade or transaction by: (1) you; (2) a relative; or (3) anyone else with your knowledge or permission; or b) due to confiscation of your auto by any law enforcement agency because of your auto's use in such activities. 3. Where the loss is otherwise not covered under the terms of this policy. If the company cancels or refuses to renew the policy, the loss payee will receive notice at least 10 days before protection of its interest will end. The company will notify the loss payee if coverage under the policy is excluded for any named driver. The loss payee shall notify the company of any change in ownership of the vehicle. To the extent of payment to the loss payee, the company will be entitled to the loss payee's rights of recovery. The company will do nothing to impair the right of the loss payee to recover the full amount of its claim. All other provisions of the policy remain unchanged. The naming of this additional interest does not increase the policy limits. Authorized Representative: This endorsement is issued by the company shown in the Declarations as the issuing company. Nationwide Mutual Insurance Company and Affiliated Companies One Nationwide Plaza Columbus, OH 43215-2220 Hearing or Voice Impaired: 1-800-622-2421 (TTY only) nationwide.com Nationwide and the Nationwide framemark are federally registered service marks of Nationwide Mutual Insurance Company. 2009 Nationwide Mutual Insurance Company, All Rights Reserved Page 2 of 2 V-3317-A Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 19 of 59 Endorsement 3395aABCD Guaranteed Automobile Insurance Coverage (Georgia) Please attach this important addition to your auto policy. In recognition of your loyalty to Nationwide, we are pleased to provide Guaranteed Automobile Insurance Coverage. It is agreed that the policy is amended as follows: GENERAL POLICY CONDITIONS The following General Policy Condition is added: GUARANTEED AUTOMOBILE INSURANCE COVERAGE The company guarantees to insure the policyholder for the automobile insurance coverages and limits provided by this policy. We may not refuse to renew your policy except for reasons provided by the Official Code of Georgia Annotated 33-24-45. We have the right to refuse to renew the auto policy if we have indicated our willingness to issue a new policy. This new policy may be issued by another company under the same ownership or management as our company. Additionally, this new policy may offer different terms and conditions as your previous policy Renewal will be in accordance with the policy forms, rules and rating plan in use by us at each six-month term. The premium for the coverage provided by this policy and attached endorsements is based on information in our possession. Any change or correction in this information will allow us to make an adjustment of the premium. Our right to cancel this coverage is limited. We may cancel: a) if all premiums, fees, or premium installment payments are not paid when due, whether payable directly to us or through any premium finance plan. b) if your policy does not insure a private passenger auto. c) if the policyholder or any insured driver loses the right to drive because of suspension, revocation, or expiration of driver's license in the state of residence. d) for misrepresentation by the policyholder of any material fact in the procurement or renewal of the insurance or by you or a relative in the submission of claims. e) if the policyholder establishes a primary residence where the company is not licensed to write auto insurance. f) for failure of the policyholder to disclose or provide information necessary for the acceptance or proper rating of the policy. All other provisions of this policy apply. The endorsement is issued by the company shown in the Declarations as the issuing company. NATIONWIDE INSURANCE COMPANIES One Nationwide Plaza Columbus, OH 43215-2220 Hearing or Voice Impaired: 1-800-622-2421 (TTY only) nationwide.com V-3395 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 20 of 59 V-3436 Page 1 of 2 Endorsement 3436 — Roadside assistance coverage Please attach this important addition to your auto policy. The policy is amended to provide Roadside assistance coverage. Coverage is subject to all terms and conditions of the policy, except as changed by this endorsement. The following term, as defined, applies as used in this coverage. "ROADSIDE ASSISTANCE REPRESENTATIVE" means our contracted vendor that will provide roadside assistance of a disabled vehicle for you or a relative. Coverage agreement Roadside assistance In the event your auto or any private passenger auto you or a relative are occupying becomes disabled: 1. Our roadside assistance representative, will provide towing service; or 2. We will reimburse you for towing service; to a location of your choice from the location of disablement subject to the mileage limit shown in the Declarations. In addition, the following emergency roadside services are covered: 1. Extraction if stuck on or immediately next to a public road; 2. Delivery of supplies, including oil, water, other fluids and fuel; 3. Service to the battery; 4. Changing or inflating of flat tires; and 5. Lockout service, up to $100. If any covered services are not performed by our roadside assistance representative, we will only reimburse for reasonable and customary charges, as determined by us. Receipts for any of these services must be provided to us for consideration of payment. This endorsement does not cover the cost of supplies, replacement parts, fluids other than two gallons of fuel, or any labor performed at a service or repair facility. A subsequent tow for the same disablement (including from a service station, garage, repair shop, or any other location) is also not covered. Trip interruption If you have Roadside assistance plus, as shown on the Declarations, we will repay you certain personal trip interruption expenses. Coverage will apply in the event a private passenger auto you or a relative are occupying becomes disabled at least 100 miles from your home residence. The expenses covered are: 1. Meals (excluding alcohol) and lodging needed when the disablement causes a delay en route; and 2. Commercial transportation fares for you or a relative to continue to the intended destination or home residence. These expenses must be incurred between the time of disablement and arrival at your residence or destination or within 72 hours, whichever comes first. We will pay up to a Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 21 of 59 ©2008 Nationwide Mutual Insurance Company, All Rights Reserved / Nationwide Mutual Insurance Company and Affiliated Companies / One Nationwide Plaza Columbus, OH 43215 Nationwide, the Nationwide framemark, and Nationwide is On Your Side are service marks of Nationwide Mutual Insurance Company V-3436 Page 2 of 2 maximum of $500 for covered trip interruption expenses, based on your submitted receipts, not to exceed $100 per day for dining and lodging. Limits and conditions of payment Loss settlement 1. If your auto is covered by us for Physical damage (Comprehensive and Collision coverages), and is disabled as a result of a covered loss, payment will be made under the Physical damage coverages. In the event the cost of damages and the tow of your auto are below your deductible, payment for the tow will be made under this endorsement. 2. No deductible applies to Roadside assistance coverage. Other insurance Any coverage provided under this endorsement will be excess over any other insurance or other sources of recovery. However, if we provide coverage under any other endorsements attached to your policy, the coverage provided by this endorsement will be primary. Duplicate payment We will make no duplicate payment to or for any insured for the same element of loss. This endorsement applies as stated in the policy Declarations. This endorsement is issued by the company shown in the Declarations as the issuing company. Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 22 of 59 ©2009 Nationwide Mutual Insurance Company, All Rights Reserved / Nationwide Mutual Insurance Company and Affiliated Companies / One Nationwide Plaza Columbus, OH 43215 Nationwide, the Nationwide framemark, and Nationwide is On Your Side are service marks of Nationwide Mutual Insurance Company V-3455-A Endorsement 3455A — Car key replacement coverage Please attach this important addition to your auto policy. The policy is amended to provide Car key replacement coverage. Coverage is subject to all terms and conditions of the policy, except as changed by this endorsement. Car key replacement coverage If you have Comprehensive coverage, as shown in the Declarations, we will reimburse you for reasonable expense incurred to replace the key or electronic entry device for your auto and for the services to gain entry into your auto. The most we will pay is $400 per occurrence for all expenses. Coverage is subject to the following conditions: 1. The key or electronic entry device for your auto is lost, stolen, disabled or locked in your auto and you are unable to enter your auto. 2. Original copies of receipts for services must be submitted before reimbursement is payable. No deductible applies to any payments made under this endorsement. This endorsement applies as stated in the policy Declarations. The endorsement is issued by the company shown in the Declarations as the issuing company. Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 23 of 59 ©2009 Nationwide Mutual Insurance Company, All Rights Reserved / Nationwide Mutual Insurance Company and Affiliated Companies / One Nationwide Plaza Columbus, OH 43215 Nationwide, the Nationwide framemark, and Nationwide is On Your Side are service marks of Nationwide Mutual Insurance Company V-3475 Endorsement 3475 — Pet injury collision coverage Please attach this important addition to your auto policy. The policy is amended to provide Pet injury collision coverage. Coverage is subject to all terms and conditions of the policy, except as changed by this endorsement. Pet injury collision coverage If you have Collision coverage, as shown in the Declarations, we will reimburse you reasonable expenses as determined by us, up to $500 for injury to your or a relative's dog or cat. The following expenses are covered: 1. Necessary veterinary expenses, including medicines; and 2. The cost to replace your dog or cat (with similar dog or cat), if injury results in death. The most we will pay is $500 per occurrence for all expenses regardless of the number of dogs and cats involved. Coverage is subject to the following conditions: 1. It applies only to a dog or cat owned by you or a relative. 2. It applies only if the dog or cat is injured while inside your auto at the time of a covered Collision loss. 3. Our obligation to pay for an injury under this coverage has no effect on any other policy that you have with us. No deductible applies to any payments made under this endorsement. This endorsement applies as stated in the policy Declarations. The endorsement is issued by the company shown in the Declarations as the issuing company. Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 24 of 59 V-3505 Page 1 of 2 Endorsement 3505 — Loss of use — rental days plus Please attach this important addition to your auto policy. Coverage is subject to all terms and conditions of the policy, except as changed by this endorsement. Additional definitions applicable to these coverages "COLLISION REPAIR SERVICE PROGRAM" means our current designated network of repair facilities that have agreed with us to provide guaranteed vehicle related repair services to our customers. "GLASS PROGRAM" means our designated vendor and/or network of glass repairers that have agreed with us to provide guaranteed vehicle glass services to our customers. "RENTAL PROGRAM PROVIDER" means our designated vendors or network of vendors that have agreed with us to provide rental vehicles to our customers. Loss of use auto rental expense coverage is subject to the provisions of the policy that apply to the Comprehensive and/or Collision coverages. The most we will pay under Loss of use auto rental expense coverage for all Covered expenses incurred by all persons as a result of one accident is shown in the Declarations. Coverage applies only if this endorsement was in effect at the time of a covered Comprehensive or Collision loss. Any expense payable under Loss of use auto rental expense coverage shall be reduced to the extent it is payable under the Comprehensive or Collision coverages of the policy. Rental days plus auto rental expense is subject to the provisions of the policy that apply to the Comprehensive and/or Collision coverages. When you utilize Rental days plus auto rental expense coverage, your maximum daily limit stated in the Declarations continues until your auto is repaired including a reasonable time thereafter. In the event your auto is determined to be a total loss after repairs have begun at a Collision repair service program facility, coverage continues for a reasonable amount of time after a total loss settlement is agreed to, not to exceed 30 days after the offer of the total loss settlement. Coverage applies only if this endorsement was in effect at the time of a covered Comprehensive or Collision loss. Any expense payable under Rental days plus auto rental expense coverage shall be reduced to the extent it is payable under the Comprehensive or Collision coverages of the policy. Covered expenses are either: 1. Loss of use auto rental expense We will pay you for auto rental expense incurred by you or a relative if unable to use your auto because of a covered Comprehensive or Collision loss. Auto rental expense is the cost of renting one vehicle from a rental agency or a licensed garage. Subject to the coverage limit, reimbursement is limited to a maximum daily payment. The coverage limit and daily payment amounts are shown in the Declarations. This expense must be incurred within a certain time period. It begins when your auto cannot be operated due to a covered loss; or if your auto can be operated, when left at a shop for agreed repairs. It continues: a) for 30 consecutive days; or b) until your auto is repaired or a reasonable time thereafter; or c) for a reasonable amount of time after a total loss settlement is agreed to; whichever comes first. Included in this expense is the reimbursement of any deductible you are required to pay Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 25 of 59 ©2011 Nationwide Mutual Insurance Company, All Rights Reserved / Nationwide Mutual Insurance Company and Affiliated Companies / One Nationwide Plaza Columbus, OH 43215 Nationwide, the Nationwide framemark, and Nationwide is On Your Side are service marks of Nationwide Mutual Insurance Company V-3505 Page 2 of 2 us as a result of a covered loss that occurs while in a rental auto due to a covered Comprehensive or Collision loss. Also included in this expense is reimbursement of certain expenses incurred by you or a relative if unable to use your auto because of a covered Comprehensive or Collision loss. This loss must occur more than 50 miles from your home residence. The expenses covered are: a) commercial transportation fares for an insured to continue to his/her destination or home residence. b) extra meals and lodging needed because the covered loss to your auto causes a delay en route. The expenses must be incurred between the time of loss and the arrival of the insured at your residence or destination or by the end of the fifth day, whichever occurs first. c) extra meals, lodging, and commercial transportation costs incurred by you or a person you choose to drive your auto from the place of repair to your destination or home residence. 2. Rental days plus auto rental expense We will pay you for auto rental expense incurred by you or a relative if unable to use your auto because of a covered Comprehensive or Collision loss when we determine your auto is repairable and, if available, you agree to use a repair facility and glass vendor, as applicable, that participates in our Collision repair service program or our Glass program and use a rental vehicle provided by our Rental program provider. This coverage begins when your auto cannot be operated due to a covered loss. If your auto can be operated, coverage begins when left at our Collision repair service program or Glass program vendor's facility for agreed repairs. In the event your auto is determined to be a total loss after repairs have begun, coverage continues for a reasonable amount of time after a total loss settlement is agreed to, not to exceed 30 days after the offer of the total loss settlement. When you use Rental days plus auto rental expense we will reimburse any deductible, up to the Loss of use - rental days plus per accident limit stated in the Declarations, that you are required to pay us as a result of a covered loss that occurs while in a rental auto due to a covered Comprehensive or Collision loss. We will further reimburse you from the Loss of use - rental days plus per accident limit for certain expenses incurred by you or a relative if unable to use your auto because of a covered Comprehensive or Collision loss. This loss must occur more than 50 miles from your home residence. The expenses covered are: a) commercial transportation fares for an insured to continue to his/her destination or home residence. b) extra meals and lodging needed when the covered loss to your auto causes a delay en route. The expenses must be incurred between the time of loss and the arrival of the insured at your residence or destination or by the end of the fifth day, whichever occurs first. c) extra meals, lodging, and commercial transportation costs incurred by you or a person you choose to drive your auto from the place of repair to your destination or home residence. This endorsement applies as stated in the policy Declarations. This endorsement is issued by the company shown in the Declarations as the issuing company. Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 26 of 59 Table Of Contents Page INSURING AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D1 DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D1 INSURED PERSONS' DUTIES AFTER AN ACCIDENT OR LOSS . . . . . . . . . . D2 TERRITORY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D2 COVERAGES: Physical Damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P1P7 (damage to your auto) ComprehensiveEF Collision Towing and Labor Auto Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .L1L6 (for damage or injury to others caused by your auto) Property Damage and Bodily InjuryGH Medical Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .M1M5 (medical expenses payable regardless of fault)IJ Uninsured Motorists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U1U5 (for bodily injury caused by uninsured and underinsured motorists)KL GENERAL POLICY CONDITIONS How Your Policy May Be Changed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G1 Optional Payment of Premium in Installments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G1 Renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G1 Non-Renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G1 Cancellation During Policy Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G2 Dividends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G3 If You Become Bankrupt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G3 Assignability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G3 Fraud and Misrepresentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G4 Legal Action Limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G4 Subrogation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G5 Non-Sufficient Funds and Late Payment Charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G5 Coverage Continuation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G5 Notice of Loss By Third Party. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G5 Applicable Contract Law. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . .. . . G6 Interest Rate. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . .. .. .G6 Joint and Individual Interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G6 MUTUAL POLICY CONDITIONS Nationwide Mutual Insurance Company Nationwide Mutual Fire Insurance Company . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G6 2010 Nationwide Mutual Insurance Company, All Rights Reserved Z-010 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 27 of 59 Nationwide Auto Policy Insuring Agreement For the policyholder's payment of premiums and fees in amounts we require and subject to all of the terms and conditions of this policy, we agree to provide the coverages the policyholder has selected. These selections are shown in the enclosed Declarations, which are a part of this policy contract. The selected coverages in this policy apply only to occurrences while the policy is in force. Renewal premiums must be paid in advance. Definitions This policy uses certain common words for easy reading. They are defined as follows: 1. POLICYHOLDER¬ means the first person named in the Declarations. The policyholder is the named insured under this policy but does not include the policyholder's spouse. If the first named insured is an organization, that organization is the policyholder. 2. YOU¬ and YOUR¬ mean: a) the policyholder and spouse, if a resident of the policyholder's household, when the policyholder is a natural person; or b) the sole proprietor, majority shareholder or majority member of an organization, or general partner of a family limited partnership, as shown in the Declarations, and spouse, if a resident of the household of the sole proprietor, majority shareholder or majority member, or general partner shown in the Declarations, when the policyholder is an organization. If the spouse ceases to be a resident of the policyholder's household or household of the sole proprietor, majority shareholder or majority member, or general partner during the policy period or prior to the inception of this policy, the spouse will be considered you and your under this policy but only until the earlier of: a) the end of 90 days following the spouse ceasing to be a resident of the policyholder's household or household of the sole proprietor, majority shareholder or majority member, or general partner, or 90 days following the termination of the marital relationship by means of a divorce regardless of whether the spouse remains in the household. b) the effective date of another policy listing the spouse as the named insured; or c) the end of the policy period. 3. RELATIVE¬ means a natural person who regularly resides in your household and who is related to you by blood, marriage, or adoption (including a ward or foster child). A relative may live temporarily outside your household. 4. INSURED¬ means one who is described as entitled to protection under each coverage. 5. WE,¬ US,¬ OUR,¬ and THE COMPANY¬ mean or refer to the company issuing the policy as shown on the Declarations. 6. YOUR AUTO¬ means the vehicle(s) described in the Declarations. 7. MOTOR VEHICLE¬ means a land motor vehicle designed primarily to be driven on public roads. This does not include vehicles operated on rails or crawler treads. Other motorized vehicles designed for use mainly off public roads shall be included within the definition of motor vehicle while being operated on public roads. 8. PRIVATE PASSENGER AUTO¬ means a: a) four-wheel automobile for private passenger use; b) four-wheel van; or c) pick-up truck having either four or six wheels. 9. DEDUCTIBLE¬ means the amount of loss to be paid by the insured. We pay for covered loss above the deductible amount shown in the Declarations. D1 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 28 of 59 Insuring Agreement __________________________________________________________________________ 10. OCCUPYING¬ means in, upon, entering, or alighting from. 11. BODILY INJURY¬ means: a) physical injury; b) physical sickness; c) physical disease; or d) resultant death; of any person which results directly from a motor vehicle accident. 12. PROPERTY DAMAGE¬ means: a) destruction of tangible property; b) damage or injury to it; and c) loss of its use. Other words are also defined. All defined words are in bold print. Insured Persons' Duties After an Accident or Loss The insured will: 1. give us or our agent prompt notice of all losses and provide written proof of claim if required. 2. notify the police of all theft losses as soon as practicable. 3. promptly deliver to us all papers dealing with any claims or suits. 4. submit to separate examinations under oath as often as reasonably requested by us. 5. assist us and, if applicable, the defense counsel chosen for you by us, with any claim or suit. 6. if injured, submit to examinations by company selected physicians as often as the company reasonably requires. The injured person must grant us authority, at our request, to obtain copies of all wage and medical, dental or other health care provider records. 7. protect damaged property insured under this policy and make it available to us for inspection before its repair or disposal. 8. provide access to any data and/or records, from any source and/or recorded by any method or means, that we reasonably request for use in the evaluation or defense of any claim or suit and permit us to make copies of such data or records. 9. preserve any tangible property or evidence as long as we request. 10. take reasonable steps to mitigate the loss and expenses associated with the loss. Territory The policy applies only in Canada, the United States of America and its territories or possessions, or between their ports. All coverages except Uninsured Motorists apply to occurrences in Mexico, if within 50 miles of the United States boundary. We will base the amount of any Comprehensive or Collision loss in Mexico on cost at the nearest United States point. NOTE: You will need to buy auto insurance from a Mexican insurance company-regardless of coverage provided by this policy-before driving in Mexico. Otherwise, you may be subject to jail detention, auto impoundment, and other legal complications in case of an accident. D2 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 29 of 59 Physical Damage (damage to your auto)EF ADDITIONAL DEFINITIONS APPLICABLE TO THESE COVERAGES For purposes of these coverages only: 1. LOSS¬ means direct and accidental loss or damage to your auto. Your auto includes its equipment. 2. EQUIPMENT¬ means anything usual and incidental to the use of a motor vehicle as a motor vehicle. Any type of trailer is not equipment. 3. "BETTERMENT" is the increase in value of: a) a vehicle; or property; or b) c) any parts of a vehicle or property; as a result of repairing or replacing certain parts damaged in a loss. Coverage Agreements COMPREHENSIVE COVERAGE 1. We will pay for loss to your auto not caused by collision or upset. We will pay for the loss less your deductible. Coverage is included for: a) damage from contact with: (1) wild or domestic animals; or (2) falling or flying objects. b) broken glass: (1) even if caused by collision or upset; and (2) if you do not have Collision coverage. If your Comprehensive and Collision coverages have different deductibles, the smaller deductible will apply to broken glass. For damage to your auto's windshield, we may offer to have it repaired in lieu of replacement. We will not apply a deductible for the repair of the windshield. However, if the repair is not satisfactory, we will replace the windshield subject to your deductible. 2. Also, we will repay your reasonable travel costs as determined by us after your auto is stolen. Maximum payment is $20 per day, not to exceed $600 per occurrence. These costs must be incurred within a certain time. It starts 48 hours after you report the theft to us and the police. It ends when your auto is returned to you or we offer to pay for its loss. COLLISION COVERAGE We will pay for loss to your auto caused by collision or upset. We will pay for the loss less your deductible. We will not subtract the deductible amount for broken glass if you have full (no deductible) Comprehensive coverage in force. P1 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 30 of 59 Physical Damage ____________________________________________________________________________ TOWING AND LABOR COSTS COVERAGE We will pay reasonable towing and labor costs as determined by us if your auto or a motor vehicle covered under USE OF OTHER MOTOR VEHICLES is disabled. We will pay only for labor costs at the place the vehicle is disabled. Our maximum payment per disablement is shown in the Declarations. Coverage Extensions USE OF TRAILERS The insurance on your auto covers a trailer used by you or a relative. 1. The trailer must be: ; anda) designed for use with a private passenger auto b) used with a vehicle that is insured under these coverages. 2. The trailer must not be: a) otherwise insured; b) owned by you or a relative; or c) used for business purposes with a vehicle that is not a private passenger auto. 3. The maximum amount payable is $1,500. USE OF OTHER MOTOR VEHICLES The insurance on your auto also covers: 1. A motor vehicle you do not own, while it is used as a temporary substitute for your auto. Your auto must be out of use because of: a) breakdown; b) repair; c) servicing; or d) loss. A private passenger auto newly acquired by you. You must report the acquisition of it to us during the first 30 days you own the vehicle. Coverage applies only during the first 30 days you own the vehicle, unless it replaces your auto. However, if your auto does not have Comprehensive or Collision coverage, we will provide these coverages for the newly acquired vehicle for a four-day period after the date you become the owner of it, provided, you ask us to insure it within this four-day period. If a Comprehensive or Collision loss occurs during this period and before you asked us to provide this coverage, we will apply a deductible of $500 to the loss. 2. 3. A private passenger auto owned by a non-member of your household and not covered in item 1. of this section. a) This applies only while such auto is operated by you or a relative.. b) We will not pay for loss: (1) that results from the operation of an auto: (a) repair shop; (c) sales agency; or (b) public garage or parking place; (d) service or maintenance facility. (2) involving a private passenger auto owned by an employer of an insured. (3) involving a private passenger auto furnished or available to you or a relative for regular use. (4) to any rented motor vehicle. P2 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 31 of 59 ____________________________________________________________________________Physical Damage 4. A rented private passenger auto, including its loss of income. a) This applies only: (1) while such auto is rented by you or a relative; (2) if such auto is rented from a rental company for less than 28 days; and (3) for loss of income that is: (a) verifiable by us; and (b) owed to a rental company because: (1) the rental company had a customer willing to rent a private passenger auto; and (2) there was no other vehicle available for rental in place of the damaged rented auto. We will not pay for loss involving a private passenger auto rented or leased by anyone for or on behalf of the employer of an insured. b) Coverage Exclusions We will not pay for loss: 1. To more than one: a) recording tape; b) compact disc; or c) other recording media. 2. To a container to be used for storing or carrying: a) recording tapes; b) compact discs; or c) other recording media. 3. To any device which is a: a) tape player; b) compact disc player or recorder; c) digital video disc player or recorder; d) video cassette player or recorder; e) television; f) electronic navigational system; g) citizens band radio; h) two-way mobile radio; i) telephone; or j) any other device which records, emits, amplifies, receives and/or transmits sound, pictures, or data. However, this exclusion (3.) does not apply: a) to such a device, its antenna or its other parts or accessories if permanently installed by the original manufacturer or new car dealer as part of the purchase agreement for the vehicle; or b) up to the first $1,500 of the actual cash value of any and all such devices, antennas, or other parts and accessories that are permanently installed but that were not a part of the new car purchase agreement for the vehicle. However, payment under this subpart b) shall not exceed the actual cash value of the insured vehicle in which the devices are installed. Permanently installed means installed, using bolts, brackets, or welding, in a location designated by an auto manufacturer for such a device. A device attached only by wires is not considered permanently installed. No coverage will be provided for any item that is not permanently installed. No coverage will be provided for the devices designed to detect or deter speed monitoring equipment excluded in exclusion 4. below, whether permanently installed or not. P3 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 32 of 59 Physical Damage ____________________________________________________________________________ 4. To scanning monitor receivers used for radar detection, or any other device designed to detect or deter the monitoring of speed. 5. To a camper or living quarters unit which can be mounted on or attached to a vehicle. We will pay the loss if: a) the unit is reported to us; and b) the required premium is paid; before the loss. 6. Caused by and limited to: a) wear and tear; b) freezing; c) mechanical or electrical breakdown or failure; or d) road damage to tires. This exclusion (6.) does not apply if the damage results from the total theft of your auto or any other motor vehicle. 7. Use of any motor vehicle to carry persons for a fee. Motor vehicles used in shared-expense car pools are not considered as carrying persons for a fee. 8. To any motor vehicle due to an act of war, including insurrection, rebellion or revolution. 9. To any motor vehicle which occurs: a) while it is being used on a temporary or permanent basis, for the transportation of, or in exchange for, any illegal substance, or in connection with any criminal trade or transaction by: (1) you; (2) a relative; or (3) anyone else with your knowledge or permission; or b) due to confiscation of your auto by any law enforcement agency because of your auto's use in such activities. 10. To your auto: a) while rented or leased to others; or b) if under any type of conveyance of ownership including but not limited to a conditional sale, contract for sale, or rent to own, regardless of whether title has been transferred to others. 11. To any motor vehicle: a) while used in an organized competitive event, including but not limited to: (1) racing contest or event; or (2) speed contest or event; or (3) in practice or preparation for any prearranged, or organized racing or speed contest or event. b) while used in performance testing that is done on a closed road, or a race track, or a testing facility environment where the insured is not competing. Performance testing is when an insured uses any motor vehicle to: (1) test its performance in speed, handling; or (2) test or practice driver skills. Performance testing does not apply to student-driver training activities an insured participates in to obtain that person's state issued learners permit or drivers license. Performance testing also does not apply to driver training activities an insured participates in to complete that person's state sanctioned courses in motor vehicle accident prevention, defensive driving, driver improvement, or similarly designed courses. P4 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 33 of 59 Physical Damage 12. Caused intentionally by or at the direction of you or a relative, including willful acts the result of which that person knows or ought to know will follow from their conduct. 13. Caused by or resulting from nuclear hazard, meaning any: a) nuclear reaction; b) nuclear discharge; c) radiation; or d) radioactive contamination; whether controlled or uncontrolled or however caused, or as a consequence of any of these. Loss caused by nuclear hazard is not considered loss caused by fire, smoke or explosion. 14. To any motor vehicle which you or a relative: a) uses without a reasonable belief of being entitled to do so; b) has stolen; or c) knows to have been stolen. You or a relative shall not be held to have a reasonable belief of being entitled to operate a motor vehicle if that person's license has been suspended, revoked, or never issued. This exclusion does not apply to the use of your auto by: a) you; b) a relative; or c) a partner, employee, or agent of you or a relative. Limits and Conditions of Payment ACTUAL CASH VALUE The limit of our coverage is the actual cash value of your auto or its damaged parts at the time of loss. To determine actual cash value, we will consider: 1. fair market value; 2. age; and 3. condition of the property; and 4. betterment; at the time of loss. If a repair or replacement results in betterment, we will not pay for the amount of betterment. In addition to our payment of the loss, necessary and reasonable towing and storage will be paid to protect the auto from further damage. Covered storage costs are not to exceed four days of storage charges incurred prior to the date you report the loss to us. LOSS SETTLEMENT At our option, we may: 1. pay you directly for a loss; 2. pay to repair or replace your auto or its damaged parts with parts made by or for the original equipment manufacturers or parts made by non-original equipment manufacturers or with like kind and quality parts including but not limited to salvage and refurbished parts; 3. return stolen property at our expense and pay for any damage. If there was a prior loss to your auto that we paid, we will deduct an appropriate amount from our payment of any subsequent loss to that same auto unless you provide proof that the prior damage was repaired. P5 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 34 of 59 Physical Damage AMOUNTS PAYABLE FOR TOWING AND LABOR COSTS Limits apply as stated in the Declarations. Insuring more than one person or vehicle under this policy does not increase our limits. APPRAISAL If you and we fail to agree on the amount of the loss to your auto, either party may make a written demand that the amount of the loss to your auto be determined by appraisal. If either party makes a demand for appraisal, then each party will select and pay a single, competent, disinterested appraiser, and each party will notify the other of their appraiser's identity within 20 days of the request for appraisal. Within 20 days of selection, the appraisers shall each determine the amount of the loss to your auto. Within ten days of our receipt of the appraisers' written agreement, we will pay you the agreed-upon amount for the loss to your auto. If the appraisers are not able to agree upon an amount, then as soon as practical, but no later than 20 days after the submission of their written reports, the two appraisers will select a competent, impartial appraiser who shall be the umpire. If the two appraisers cannot agree on an umpire within 20 days after submission of their written reports, you or we may petition a court of competent jurisdiction, in the county and state of the policyholder's address listed on the Declarations, to appoint a competent, impartial umpire. Immediate, written notice of the petition must be given to the other party. The appraisers will submit their written reports to the umpire within ten days of the selection of the umpire. In their reports, the appraisers will state the amount of the loss of your auto. Neither you nor we, nor any representative of either, may discuss any aspect of the claim with the umpire prior to the issuance of the umpire's written report. The umpire will issue a written report setting the amount we will pay you for the loss to your auto within 20 days of receiving the appraisers' reports. The umpire's written report setting the amount of the loss to your auto, must be agreed upon and signed by the umpire and at least one appraiser. The umpire's written report shall then be binding on both you and us. All compensation, costs, fees or other expenses associated with or charged by the umpire will be shared equally by you and us. Any compensation, costs, fees or other expenses associated with that of an appraiser, expert witness or attorney will be borne and paid by the party who hires them. Neither we nor you waive any of the other rights, terms and conditions or obligations under this policy by requesting an appraisal. OTHER INSURANCE If there is other insurance that covers any loss, we will pay only our share of the loss. Our share is our proportion of the total insurance collectible for the loss. For loss to motor vehicles other than your auto, we will pay only the insured loss not covered by other insurance or self-insurance. However, we will provide primary coverage if: 1. the motor vehicle is owned by a person, firm, or corporation engaged in the business of selling new and used motor vehicles at retail; and 2. the insured who is operating the vehicle is neither its owner nor an employee of its owner. Coverage Condition AUTO RECOVERY When an insured auto which has been stolen or abandoned is located, we have the right to take it into our care to keep it safe. P6 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 35 of 59 Physical Damage Loss Payable Clause This clause applies to the Comprehensive and Collision coverages provided by this policy. It protects the lienholder named in the policy Declarations. Payment for loss will be made according to the interest of the policyholder and lienholder. At our option, payment may be made to both jointly, or to either separately. Either way, the company will protect the interests of both. Protection of the lienholder's financial interest will not be affected by any change in ownership of the vehicle insured, nor by any act or omission by any person entitled to coverage under this policy. However, protection under this clause does not apply: 1. In any case of: a) fraud; b) misrepresentation, either in the application process, or in the presentation of a claim; c) material omission; d) conversion; e) embezzlement; f) secretion; or g) willful damaging or destruction of your auto; committed by or at the direction of you or a relative. To the loss of your auto which occurs: 2. a) while it is being used on a temporary or permanent basis, for the transportation of, or in exchange for, any illegal substance, or in connection with any criminal trade or transaction by: (1) you; (2) a relative; or (3) anyone else with your knowledge or permission; or b) due to the confiscation of your auto by any law enforcement agency because of your auto's use in such activities. 3. Where the loss is otherwise not covered under the terms of this policy. We will protect the lienholder's interest for 10 days from the date we notify them that the policy has terminated, for any reason. If we pay the lienholder for any loss or damage suffered during that 10-day period, we have the right to recover the amount of any such payment from you. The company will not notify the lienholder each time you renew this policy, and we may cancel this policy according to the terms. The company will also notify the lienholder if coverage under the policy is excluded for any named driver. The lienholder shall notify the company upon learning of any change in ownership of the vehicle. To the extent of payment to the lienholder, the company will be entitled to the lienholder's rights of recovery. The company will do nothing to impair the right of the lienholder to recover the full amount of its claim. IF WE BECOME OBLIGATED TO REIMBURSE A LIENHOLDER UNDER THIS COVERAGE DUE TO YOUR FAILURE TO MEET THE POLICY REQUIREMENTS OR THROUGH YOUR FAILING TO MAKE YOUR PREMIUM PAYMENTS, WE HAVE THE RIGHT TO RECOVER FROM YOU ANY MONEY WE PAY. P7 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 36 of 59 Auto Liability (for damage or injury to others caused by your auto)AB Coverage Agreement PROPERTY DAMAGE AND BODILY INJURY LIABILITY COVERAGE 1. We will pay for damages for which you are legally liable as a result of an accident arising out of the: a) ownership; b) maintenance or use; or c) loading or unloading; of your auto. A relative also has this protection. So does any other person who is liable for the use of your auto while used with your permission. 2. Damages must involve: a) property damage; or b) bodily injury. 3. We will pay such liability losses up to the limits stated in the Declarations. In addition to these limits and as to any covered damages, we will: a) defend at our expense, with attorneys of our choice, any suit against the insured. We may settle or defend any claim or suit as we think proper. b) pay: (1) all expense incurred by us; and all costs levied against the insured; (2) in any such suit. c) pay premiums: (1) of not more than $250 per insured for bail bonds required because of an accident or traffic violation. (2) for appeal bonds in defended suits and for bonds to release attached property. The amount of such bonds shall not be more than the limits of liability shown in the Declarations. Although paying such premiums, we are not required to apply for or furnish any bonds. d) pay post-judgment interest on all damages awarded. We will not pay interest that accrues after such time as we have: (1) paid; (2) formally offered; or (3) deposited in court; the amount for which we were liable under this policy. e) pay expenses incurred by an insured for emergency medical aid to others at the time of accident. f) upon submission for reimbursement, pay all reasonable expenses incurred by an insured at our request, but not more than $200 per day for loss of earnings. 4. After the limits of this coverage have been paid, we will not defend any suit or pay any claim or judgment, unless required by law. L1 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 37 of 59 Auto Liability Coverage Extensions USE OF TRAILERS 1. This coverage applies to the use of a trailer by: a) you; b) a relative; or c) someone else with your permission. 2. The trailer must be: a) designed for use with a private passenger auto; and b) used with a vehicle that is insured under this coverage. 3. The trailer must not be used for business purposes with a vehicle that is not a private passenger auto. USE OF OTHER MOTOR VEHICLES The insurance on your auto also covers: 1. A motor vehicle you do not own, while it is used as a temporary substitute for your auto. Your auto must be out of use because of: a) breakdown; c) servicing; or b) repair; d) loss. 2. A private passenger auto newly acquired by you. This coverage applies only during the first 30 days you own the vehicle unless it replaces your auto. If the newly acquired vehicle does not replace your auto, all household vehicles owned by you must be insured by us or a company affiliated with us for this extension of coverage to apply. We provide this coverage only if you do not have other insurance. You must pay any added premium resulting from this coverage extension. 3. A motor vehicle owned by a non-member of your household and not covered in item 1. of this section. a) This applies only while the vehicle is being operated by you or a relative. It protects you or a relative as the operator, and any person or organization, except as noted below in b), who is not operating the vehicle and does not own the vehicle but is legally responsible for its use. b) This does not apply to losses involving a motor vehicle: (1) used in the business or occupation of you or a relative. However, it does apply to a private passenger auto used by you, your chauffeur, or your household employee; (2) owned, rented or leased by an employer of an insured; (3) rented or leased by anyone for or on behalf of an employer of an insured; or (4) furnished or available to you or a relative for regular use. This does not include a motor vehicle rented from a rental company for less than 28 days. FINANCIAL RESPONSIBILITY We will adjust this policy to comply: 1. With the financial responsibility law of any state or province which requires higher liability limits than those provided by this policy. 2. With the kinds and limits of coverage required of non-residents by any compulsory motor vehicle insurance law, or similar law. L2 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 38 of 59 ________________________________________________________________________________ Auto Liability However, any loss payment under this coverage will be made only over and above any other collectible motor vehicle insurance. In no case will anyone be entitled to duplicate payments for the same loss. When we certify this policy as proof under any financial responsibility law, it will comply with the law to the extent of the coverage required by the law. The insured agrees to reimburse us for any payment which we would not have been obligated to make under the terms of this policy except for the agreement outlined in this paragraph. Coverage Exclusions A. This coverage does not apply to: Use of any motor vehicle to carry persons for a fee. Motor vehicles used in shared-expense car pools are not considered as carrying persons for a fee. 1. 2. Any person for any occurrence arising out of the operation of an auto: a) repair shop; c) sales agency; or b) public garage or parking place; d) service or maintenance facility. However, this exclusion does not apply to the use of your auto by: a) you; b) a relative; or c) a partner, employee, or agent of you or a relative. 3. Property damage caused by any insured: a) to a motor vehicle that is owned or operated by, or in the custody of, that insured; or b) to any other property that is owned by or in the custody of any insured or anyone occupying your auto. This exclusion does not apply to a: (1) rented home; or (2) rented private garage. 4. Bodily injury to any person eligible to receive any benefits required to be provided or voluntarily provided by any insured under a: a) workers' compensation; b) unemployment compensation; c) non-occupational or occupational disease; d) disability benefits; or any similar law. 5. Bodily injury to an employee of any insured while engaged in employment. However, it does cover an employee of your home who is not covered and is not required to be covered by any workers' compensation benefits, disability benefits, or benefits under similar laws. 6. The United States of America or any of its agencies. It also does not apply to any employee of the United States of America or any of its agencies while such person is acting within the scope of his or her office or employment and the provisions of the Federal Tort Claims Act apply. 7. Any person protected under nuclear energy liability insurance. This exclusion applies even if that insurance has been exhausted. 8. Bodily injury or property damage arising out of the ownership, maintenance or use of any motor vehicle: a) while rented or leased to others by any insured; or L3 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 39 of 59 Auto Liability b) if under any type of conveyance of ownership including but not limited to a conditional sale, contract for sale, or rent to own, regardless of whether title has been transferred to others by any insured. 9. Bodily injury or property damage assumed by an insured under any contract or agreement. 10. Any person's liability resulting from the: Handling of property: a) (1) before it is moved from the place where it is accepted by an insured for movement into or onto your auto; or after it is moved from your auto, to the place where it is finally delivered by an insured.(2) b) Movement of property by a mechanical device (other than a hand truck) not attached to your auto. 11. Any motor vehicle which you or a relative; a) has stolen; or b) knows to have been stolen. This exclusion does not apply to the use of your auto by: a) you; a relative; or b) c) a partner, employee, or agent of you or a relative. B. When there is other insurance available to the injured party, including other liability or uninsured motorist coverage, this coverage does not apply to: 1. Property damage or bodily injury caused intentionally by or at the direction of an insured, including willful acts the result of which the insured knows or ought to know will follow from the insured's conduct. 2. Bodily injury and property damage while your auto is operated by: a) any person the insured knows is unlicensed; or b) any person who does not have a reasonable belief that they are entitled to do so. A person whose license has been suspended, revoked, or never issued, shall not be held to have a reasonable belief that they are entitled to operate a motor vehicle. Bodily injury or property damage arising out of the ownership, operation, maintenance or use of any motor vehicle: 3. a) while used in an organized competitive event, including but not limited to: (1) racing contest or event; or (2) speed contest or event; or (3) in practice or preparation for any prearranged, or organized racing or speed contest or event. b) while used in performance testing that is done on a closed road, or a race track, or a testing facility environment where the insured is not competing. Performance testing is when an insured uses any motor vehicle to: (1) test its performance in speed, handling; or (2) test or practice driver skills. L4 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 40 of 59 Auto Liability Performance testing does not apply to student-driver training activities an insured participates in to obtain that person's state issued learners permit or drivers license. Performance testing also does not apply to driver training activities an insured participates in to complete that person's state sanctioned courses in motor vehicle accident prevention, defensive driving, driver improvement, or similarly designed courses. 4. Bodily injury sustained by: a) you; a relative; b) c) any other insured person under the policy; any person or member of your family residing in the same household with you; or d) e) any member of the family of any other insured person residing in the same household with that other insured. This exclusion does not provide any coverage where it would be otherwise excluded based on Georgia law. However, if no other insurance is available, then the exclusions in section B. will apply only to amounts above the minimum limits of financial responsibility required by the State of Georgia as of the date of loss. Limits and Conditions of Payment AMOUNTS PAYABLE FOR LIABILITY LOSSES Our obligation to pay Property Damage or Bodily Injury Liability losses is limited to the amounts per person and per occurrence stated in the Declarations. The following conditions apply to these limits: 1. The limit shown: a) for Property Damage Liability is for all property damage in one occurrence. b) for Bodily Injury Liability for any one person applies to one person's bodily injury, including death, and includes all claims and derivative claims resulting from or arising out of that one person's bodily injury, including death. This per person policy limit shall be enforceable regardless of the number of insureds, claims made, vehicles or premiums shown in the Declarations or policy, or vehicles involved in the accident. c) for Bodily Injury Liability for each occurrence is, subject to the per person limit described in paragraph b above, the total limit of our liability for all legal damages when two or more persons sustain bodily injury, including death, as a result of one occurrence. The per occurrence policy limit shall be enforceable regardless of the number of insureds, claims made, vehicles or premiums shown in the Declarations or policy, or vehicles involved in the accident. 2. Liability limits apply as stated in the Declarations. The insuring of more than one person or vehicle under this policy does not increase our liability limits. 3. In any loss covered under items 2. and 3. of USE OF OTHER MOTOR VEHICLES,¬ the highest liability limit applicable to any one vehicle on this policy will apply. 4. A motor vehicle and attached trailer are considered one vehicle for Auto Liability coverage. L5 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 41 of 59 Auto Liability OTHER INSURANCE 1. In any loss involving the use of your auto, we will be liable for only our share of the loss if there is other collectible liability insurance. Our share is our proportion of the total insurance limits for the loss. 2. For losses covered under USE OF OTHER MOTOR VEHICLES,¬our coverage is excess over any other collectible: a) insurance; b) self insurance; c) proceeds from a governmental entity; or d) sources of recovery. However, we will provide primary coverage if: a) the motor vehicle is owned by a person, firm, or corporation engaged in the business of selling new and used motor vehicles at retail; and b) the insured who is operating the vehicle is neither its owner nor an employee of its owner. If more than one policy issued by us or a company affiliated with us applies to the same loss, we will pay only up to the highest limit of any one of them. L6 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 42 of 59 Medical Payments (medical expenses payable regardless of fault)CD ADDITIONAL DEFINITIONS APPLICABLE TO THIS COVERAGE For purposes of this coverage only: 1. EXPERIMENTAL TREATMENT¬ means medical treatment that is experimental in nature which is not accepted as effective therapy by: a) the state medical association or board; b) an appropriate medical specialty board; c) the American Medical Association; d) the Surgeon General; or e) the Federal Food and Drug Administration. 2. USUAL, CUSTOMARY AND REASONABLE CHARGES¬ means charges for services or supplies covered under this policy, which are: a) usual and customary in the place where provided; and b) not more than what would have been charged if the injured person had no insurance; and c) not Experimental treatment. 3. MEDICALLY NECESSARY¬ means a service or procedure which is necessary, appropriate and consistent for the symptoms, diagnosis or treatment of a condition of injury or sickness within generally accepted current standards of good medical practice. The fact that any particular doctor may prescribe, order, recommend, or approve a service or procedure does not, in itself, make the service or procedure medically necessary. 4. UTILIZATION MANAGEMENT OR REVIEW¬ means cost and utilization containment activities designed to determine reasonable charges for medical services provided to an insured. These activities include, but are not limited to, medical bill auditing. Coverage Agreement We will pay usual, customary and reasonable charges: 1. for expenses incurred for: a) medically necessary services; or b) funeral costs; due to accidental bodily injury suffered by you or a relative while occupying your auto. 2. incurred within three years following the accident. 3. up to the limit stated in the policy Declarations. 4. regardless of who is at fault in the accident. We may apply utilization management or review to determine: 1. usual, customary and reasonable charges; and/or 2. medically necessary services. M1 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 43 of 59 Medical Payments Coverage Extensions YOU AND A RELATIVE In addition, you and a relative are covered: 1. While occupying a motor vehicle you do not own, while it is used as a temporary substitute for your auto. Your auto must be out of use because of: a) breakdown; b) repair; c) servicing; or d) loss. 2. While occupying a private passenger auto newly acquired by you. This coverage applies only during the first 30 days you own the vehicle, unless it replaces your auto. If the newly acquired vehicle does not replace your auto, all household vehicles owned by you must be insured by us or a company affiliated with us for this extension of coverage to apply. 3. While occupying any other motor vehicle not owned by or furnished or available for the regular use of you or a relative. 4. As pedestrians, if struck by any motor vehicle or trailer, which is not owned by or furnished or available for the regular use of you or a relative other than your auto. OTHER PERSONS :Persons other than you and a relative are protected under this coverage while occupying 1. your auto when it is being used by: a) you; b) a relative; or c) anyone else with your permission. 2. a motor vehicle you do not own, while it is used as a temporary substitute for your auto. Your auto must be out of use because of: a) breakdown; b) repair; c) servicing; or d) loss. 3. a private passenger auto newly acquired by you. This coverage applies only during the first 30 days you own the vehicle, unless it replaces your auto. If the newly acquired vehicle does not replace your auto, all household vehicles owned by you must be insured by us or a company affiliated with us for this extension of coverage to apply. 4. a motor vehicle that is owned by someone who is not a member of your household. a) This protection applies only when the vehicle is being operated by you or a relative. b) This protection does not apply to: (1) use of any vehicle in the business or occupation of you or a relative. However, it does apply to a private passenger auto used by: (a) you; (b) your chauffeur; or (c) your household employee. (2) use of a motor vehicle furnished or available to you or a relative for regular use. M2 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 44 of 59 Medical Payments USE OF TRAILERS 1. This coverage applies to the use of a trailer by: a) you; b) a relative; or c) someone else with your permission; regardless of who owns it. 2. The trailer must be: a) designed for use with a private passenger auto; and b) used with a vehicle that is insured under this coverage. 3. The trailer must not be used for business purposes with a vehicle that is not a private passenger auto. Coverage Exclusions This coverage does not apply to: 1. Use of any motor vehicle to carry persons for a fee. Motor vehicles used in shared-expense car pools are not considered as carrying persons for a fee. 2. Any person for any occurrence arising out of the operation of an auto: a) repair shop; b) public garage or parking place; c) sales or leasing agency; or d) service or maintenance facility. However, this exclusion does not apply to the use of your auto by: a) you; b) a relative; or c) a partner, employee, or agent of you or a relative. 3. Use of any motor vehicle: a) while rented or leased to others by any insured; or b) if under any type of conveyance of ownership including but not limited to a conditional sale, contract for sale, or rent to own, regardless of whether title has been transferred to others by any insured. 4. Any motor vehicle: a) while used in an organized competitive event, including but not limited to: (1) racing contest or event; or (2) speed contest or event; or (3) in practice or preparation for any prearranged, or organized racing or speed contest or event. b) while used in performance testing that is done on a closed road, or a race track, or a testing facility environment where the insured is not competing. Performance testing is when an insured uses any motor vehicle to: (1) test its performance in speed, handling; or (2) test or practice driver skills. M3 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 45 of 59 Medical Payments Performance testing does not apply to student-driver training activities an insured participates in to obtain that person's state issued learners permit or drivers license. Performance testing also does not apply to driver training activities an insured participates in to complete that person's state sanctioned courses in motor vehicle accident prevention, defensive driving, driver improvement, or similarly designed courses. 5. Bodily injury caused by an act of war, including insurrection, rebellion or revolution. 6. Bodily injury caused by or resulting from: a) nuclear hazard, meaning any: 1) nuclear reaction; 2) nuclear discharge; 3) radiation; or 4) radioactive contamination; discharge of a biological weapon resulting in biological contamination;b) whether controlled or uncontrolled or however caused, or as a consequence of any of these. 7. Use of any motor vehicle while located for use as a residence or premises. 8. Bodily injury to any person eligible to receive any benefits required to be provided or voluntarily provided by any insured under a: workers' compensation; a) b) unemployment compensation; non-occupational or occupational disease; c) d) disability benefits; or any similar law. 9. Bodily injury caused intentionally by or at the direction of you or a relative, including willful acts the result of which that person knows or ought to know will follow from their conduct. 10. Any motor vehicle which you or a relative: uses without a reasonable belief of being entitled to do so; a) b) has stolen; or knows to have been stolen. c) You or a relative shall not be held to have a reasonable belief of being entitled to operate a motor vehicle if that person's license has been suspended, revoked, or never issued. This exclusion does not apply to the use of your auto by: a) you; a relative; or b) a partner, employee, or agent of you or a relative. Limits and Conditions of Payment BENEFITS PAYABLE 1. The amount payable under this coverage to or for one person in one accident is limited as stated in the policy Declarations. Limits apply to each insured vehicle as stated in the Declarations. The stated limit is not increased by the insuring of more than one person or vehicle under this policy or any other policy issued by us. 2. In any loss covered under COVERAGE EXTENSIONS¬ and not involving your auto, the highest liability limit applicable to any one vehicle in this policy will apply. M4 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 46 of 59 Medical Payments OTHER INSURANCE We will pay only the insured benefit over and above the amount of other collectible auto Medical Payments insurance in any loss involving: 1. Use of a motor vehicle you do not own; or 2. Being struck by any motor vehicle or trailer. However, we will provide primary coverage if: 1. You are operating a motor vehicle which is owned by a person, firm, or corporation engaged in the business of selling new and used motor vehicles at retail; and 2. You are neither its owner nor an employee of its owner. DUPLICATE PAYMENT We will make no duplicate payment to or for any insured for the same element of loss. OTHER CLAIMS AND JUDGMENTS Any loss payment under this coverage will reduce the amounts payable or the policy limits, whichever is less, of any claim or judgment relating to the same loss under the Bodily Injury Liability coverage of this policy. The company may require written agreement to this condition before payment of a Medical Payments loss. Any loss payment made under this coverage will apply toward payment of any claim or judgement relating to the same loss under the Uninsured Motorists coverage of this policy. OUR RIGHT TO RECOVERY If an insured recovers an amount from a third party that fully compensates that insured for economic and noneconomic damages, we will require reimbursement for any amounts we have paid. The amount of reimbursement will be reduced by our pro-rata share of attorney fees or litigation expenses incurred by that insured in order to recover the damages. M5 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 47 of 59 Uninsured Motorists (for bodily injury caused by uninsured and underinsured motorists)EF ADDITIONAL DEFINITIONS APPLICABLE TO THIS COVERAGE UNINSURED MOTOR VEHICLE¬--See definition in COVERAGE AGREEMENT¬ section. UNINSURED MOTORISTS--PROPERTY DAMAGE¬--See definition in COVERAGE AGREEMENT¬ section. Coverage Agreement YOU AND A RELATIVE We will pay compensatory damages, including derivative claims, which are due by law to you or a relative from the owner or driver of an uninsured motor vehicle because of: 1. bodily injury suffered by you or a relative. 2. uninsured motorists--property damage. Damages must result from an accident arising out of the: 1. ownership; 2. maintenance; or 3. use; of the uninsured motor vehicle. OTHER PERSONS We will also pay compensatory damages which are due by law to other persons who: 1. Are not a named insured or an insured household member for Uninsured Motorists coverage under another policy; and 2. Suffer bodily injury while occupying: a) your auto. b) a motor vehicle you do not own, while it is used as a temporary substitute for your auto. Your auto must be out of use because of: (1) breakdown; (2) repair; (3) servicing; or (4) loss. c) a private passenger auto newly acquired by you. This applies only during the first 30 days you own the vehicle, unless it replaces your auto. d) any other motor vehicle while it is being driven by you or a relative. This extension applies only in policies issued to persons (not organizations). However, the vehicle must not be: (1) owned by you or a relative; or (2) furnished to you or a relative for regular use. U1 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 48 of 59 Uninsured Motorists RECOVERY 1. Before recovery, we and the insured must agree on two points: a) whether there is a legal right to recover damages from the owner or driver of an uninsured motor vehicle; and if so, b) the amount of such damages. 2. Where we are unable to agree, disputes between the party seeking recovery and us regarding such party's entitlement to Uninsured Motorists coverage, or the damages payable pursuant to such coverage, shall be decided by a court of law. 3. Any judgment against the uninsured motorist will be binding on us only if the insured has our written consent prior to the judgment. DEFINITIONS For purposes of this coverage only: 1. Uninsured motorists--property damage means injury to or destruction of: a) your auto, including resultant loss of use. b) a private passenger auto newly acquired by you. This applies only during the first 30 days you own the vehicle, unless it replaces your auto. c) property contained in a vehicle described in a) or b) above, which is owned by you, a relative, or any other person occupying such vehicle. 2. An uninsured motor vehicle is: a) one for which there is no auto liability bond or property liability insurance, or other security in effect applicable to the vehicle owner, operator, or any other liable person or organization, at the time of the accident. one which is underinsured. This is a motor vehicle for which there are auto liability coverage or bonds in effect at the time of the accident, and the insured has uninsured motorist coverage provided under the insured's motor vehicle insurance policy. b) Such motor vehicle shall be considered uninsured to the full extent of the limits of the uninsured motorist coverage provided under the insured's motor vehicle insurance policies, and such coverages shall apply to the insured's losses in addition to the amounts payable under any available bodily injury liability and property damage liability insurance coverages. Provided, however, that an insured may reject the coverage noted above for an uninsured motor vehicle and selects in writing coverage for the occurrence of sustaining losses from the owner or operator of an uninsured motor vehicle that considers such motor vehicle to be uninsured only for the amount of the difference between the available coverages under the bodily injury liability insurance and property damage liability insurance coverages on such motor vehicle and the limits of the uninsured motorist coverages provided under the insured's motor vehicle insurance policies. c) one for which the insuring company denies coverage. d) one for which the insuring company becomes insolvent. The insured must give us notice, within a reasonable time, of any legal proceedings he is aware of against the insolvent insurer. e) a hit-and-run¬ motor vehicle which causes bodily injury to an insured or uninsured motorists--property damage. Bodily injury or uninsured motorists--property damage must be caused by physical contact of the hit-and-run motor vehicle with the insured or with a motor vehicle or property to which this coverage applies. U2 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 49 of 59 Uninsured Motorists If there is no physical contact with the hit-and-run¬ vehicle, the facts of the accident must be confirmed by an eyewitness to the accident other than the insured making the claim. The driver and the owner of the hit-and-run¬ vehicle must be unknown. The insured must report the accident to the police or proper governmental authority immediately or as soon as practical. We must have a sworn statement within 30 days. It must state that the insured has a legal action due to the accident. It must include facts to support the action. We may inspect any vehicle the insured was occupying at the time of the accident. 3. We will not consider as an uninsured motor vehicle: a) a motor vehicle that is self-insured¬ under any law; b) any vehicle while used as a residence or premises; c) any equipment or vehicle designed for use mainly off public roads except while on public roads; d) any motor vehicle insured under the liability coverage of this policy; nor e) any motor vehicle owned by or furnished for the regular use of you or a relative. Coverage Exclusions This coverage does not apply to: 1. Use of any motor vehicle to carry persons or property for a fee. Motor vehicles used in shared-expense car pools are not considered as carrying persons or property for a fee. 2. Any motor vehicle which you, a relative, or any insured: uses without a reasonable belief of being entitled to do so; a) b) has stolen; or knows to have been stolen. c) You, a relative, or any insured shall not be held to have a reasonable belief of being entitled to operate a motor vehicle if that person's license has been suspended, revoked, or never issued. This exclusion does not apply to the use of your auto by: a) you; a relative; or b) a partner, employee, or agent of you or a relative. 3. Bodily injury of any insured or uninsured motorists--property damage if the insured settles, without our written consent, with a liable party. This exclusion does not apply to a limited release executed to a liability insurance carrier specifically permitted under Georgia Insurance Law. 4. Directly or indirectly benefit any workers' compensation or disability benefits carrier, or any person or organization qualifying as a self insurer¬ under a workers' compensation, disability benefits,or similar law. 5. Directly or indirectly benefit any insurer of property. 6. Uninsured motorists--property damage for which the insured has been compensated by other insurance. 7. Punitive or exemplary damages. Insured Persons' Duties 1. The insured must: a) submit written proof of the claim to us immediately after the loss. It must be under oath, if required. It must include details of: (1) the nature and extent of injuries; U3 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 50 of 59 Uninsured Motorists (2) treatment; and (3) any other facts which could affect the amount of payment. b) provide all facts of the accident and the names of all witnesses. c) answer questions under oath as often as we require. d) be examined by doctors chosen by us as often as we require. At our request, the injured person or his legal representative must promptly authorize us to: (1) speak with any doctor, dentist, or other health care provider who has provided treatment; (2) read all medical history and reports of the injury; (3) obtain copies of wage and medical reports and records; (4) obtain copies of all medical, dental, and other health care bills as they are incurred; and speak with any employer regarding a wage loss claim.(5) 2. The insured in making an uninsured motorists--property damage claim under this coverage must: a) submit written proof of the claim to us immediately after the loss. This proof must be a sworn statement of: (1) the interest of the insured and all others in the damaged property; (2) any encumbrances on the damaged property; (3) the damaged property's cash value at time of loss; (4) the time, place, cause and amount of loss; and (5) the kind and amount of all other insurance covering the damaged property. b) make damaged property available for our inspection, at our request. 3. After notice of claim, we may require the insured to take legal action against any liable party. 4. An insured may bring legal action against the other party for bodily injury. A copy of any paper served in this action must be sent to us at once. 5. The insured must: a) obtain our written consent to: (1) settle any legal action brought against any liable party; or (2) release any liable party; other than executing a limited release of a liability insurance carrier specifically permitted under Georgia Insurance Law. b) preserve and protect our right to subrogate against any liable party. Our Right to Recovery TRUST AGREEMENT 1. This applies to the extent of any payment we make under this coverage. We will have first right to any amount the insured receives from any liable party. The insured will: a) hold in trust for us his right to recover against any such party; and b) furnish us all papers in any suit the insured files. 2. Our payment of a claim may result from the insolvency of an insurer. If so, we have the right to recover from the insurer, but not its insured. However these rights apply only after the insured has been fully compensated for damages. U4 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 51 of 59 Uninsured Motorists Limits and Conditions of Payment AMOUNTS PAYABLE FOR UNINSURED MOTORISTS LOSSES Our obligation to pay losses is limited to the amounts per person and per occurrence stated in the Declarations, less any deductible. The following conditions apply to these limits: 1. The limit shown: a) for Bodily Injury for any one person is for all covered damages, including all derivative claims, claimed by anyone arising out of and due to bodily injury to one person as a result of one occurrence. The per-person limit is the total amount available when one person sustains bodily injury, including death, as a result of one occurrence. No separate limits are available to anyone for derivative claims, statutory claims, or any other claims made by anyone arising out of bodily injury, including death, to one person as a result of one occurrence. b) for Bodily Injury for each occurrence is the total limit of our liability for all covered damages when two or more persons sustain bodily injury, including death, as a result of one occurrence. No separate limits are available to anyone for derivative claims, statutory claims, or any other claims arising out of bodily injury, including death, to two or more persons as a result of one occurrence. This total limit is subject to the limit for any one person. c) for Property Damage is for all covered damages claimed by one or more insureds for uninsured motorists--property damage as a result of one occurrence. 2. Coverage applies as stated in the Declarations. The insuring of more than one person or vehicle under this policy does not increase our Uninsured Motorists payment limits. In no event will any insured be entitled to more than the highest per-person limit applicable under this policy. 3. The limits of this coverage or damages payable, whichever are less, will be reduced by: a) any amount paid to the insured under the Medical Payments provisions of this policy. b) any sums paid or payable under any workers' compensation, disability benefits, or similar laws. 4. Any payment under this coverage to or for an insured will reduce the amount of damages the insured may be entitled to recover under the Bodily Injury or Property Damage Liability coverages of this policy. 5. We will not pay any loss until the limits of all bodily injury and property damage liability coverage available from any source have been exhausted by payment of settlements or judgments. OTHER INSURANCE If there is other similar insurance available under more than one policy or provision of coverage: 1. The following priorities of recovery apply: First: The policy affording Uninsured Motorists Coverage to the insured as a named insured or relative. Second: The Uninsured Motorists Coverage applicable to the vehicle the insured was occupying at the time of accident. 2. We will pay only our share of the loss on the same level of priority. Our share is the proportion that our limit of liability bears to the total applicable limits. DUPLICATE PAYMENT We will make no duplicate payment to or for any insured for the same element of loss. U5 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 52 of 59 General Policy ConditionsAB We, you, and anyone insured by this policy are bound by and must comply with all the terms, conditions and obligations of the policy. The following are policy conditions: 1. HOW YOUR POLICY MAY BE CHANGED a) Any terms of this policy which may be in conflict with statutes of the state in which the policy is issued are hereby amended to conform. b) Any insured will automatically have the benefit of any extension or broadening of coverage in this policy, as of the effective date of the change, provided it does not require more premium. c) A waiver of any part or condition of this policy must be in writing by us to be valid. d) No other changes may be made in the terms of this policy except by endorsement or policy revision. e) The premium for each coverage is based on information in our possession. Any change or correction in this information will allow us to make an adjustment of the premium as of the date the change is effective. f) The policyholder has a duty to notify us as soon as possible of any change which may affect the premium or the risk under this policy. This includes, but is not limited to, changes in: (1) the principal garaging address of the insured vehicle(s), which must be reported to us within 30 days of the date the address change becomes effective; (2) drivers; (3) use of the insured vehicle(s); (4) desired coverages, deductibles, or limits; or (5) ownership. 2. OPTIONAL PAYMENT OF PREMIUM IN INSTALLMENTS The policyholder may pay the premium for this policy in installments, under terms and conditions approved where required by the Department of Insurance. For each separate installment payment there is an installment service charge. Your agent can provide more information. 3. RENEWAL This policy is written for the period of time shown on the Declarations. We will renew this policy for successive policy periods, subject to the following conditions: a) Renewal will be in accordance with policy forms, rules, rates, fees, and rating plans in use by us at the time. b) All premiums, premium installment payments, and fees must be paid when due, whether payable directly to us or through a premium finance plan. c) Prior to the expiration of a policy term for which premium has been paid, we will mail a notice to the policyholder for the premium required to renew or maintain the policy in effect. We will mail this notice to the address last known to us. 4. NON-RENEWAL a) At the end of each policy period after the effective date of the policy, we will have the right to refuse to renew the entire policy or any of its coverages for reasons permitted by Georgia law. G1 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 53 of 59 General Policy Conditions b) If we elect not to renew, we will mail or deliver written notice to the policyholder 30 days in advance of the date our action will take effect. Mailing of this notice to the last known address or delivery of it to the policyholder will be considered proof of notice. c) For nonpayment of renewal premium, coverage will terminate at the end of the last policy period for which premium was paid. 5. CANCELLATION DURING POLICY PERIOD a) Any named insured may cancel this policy or any of its coverages orally or by written notice to us of the future date of cancellation desired. If by statutes, regulation, or contract, the policy may not be cancelled unless notice is given to a governmental agency, mortgagee, or other third party, we will mail or deliver at least 10 days notice to the policyholder and any third party as soon as practicable after receiving the policyholder's request for cancellation. However, If an organization is listed exclusively as the named insured, as shown in the Declarations for this policy, the sole proprietor, majority shareholder or majority member of an organization, or general partner of a family limited partnership may cancel this policy or any of its coverages. Such action will be binding on any insured. We will calculate any returned premium according to the rules, rates, fees and forms in effect and on file if required, for our use in your state. b) Up to the time this policy or any coverage has been in effect 60 days, we may cancel for any reason allowed by law. We may cancel by mailing notice to the policyholder 10 days prior to the effective date of cancellation. While the date we mail this notice must be within 60 days, the date of cancellation need not be. c) After any coverage of this policy has been in effect 60 days, our right to cancel such coverage during the policy period is limited. (1) We may cancel for any of the following reasons: (a) if all premiums or premium installment payments, and fees are not paid when due, whether payable directly to us or through any premium finance plan. (b) the policy was obtained through a material misrepresentation; (c) an insured violated any of the terms and conditions of the policy; (d) the named insured failed to disclose fully his motor vehicle accidents and moving traffic violations for the preceding 36 months if called for in the application; (e) any insured made a false or fraudulent claim or knowingly aided or abetted another in the presentation of such a claim; (f) the named insured or any other operator who either lives in your household or customarily operates a motor vehicle insured under this policy: (1) has, within the 36 months prior to the notice of cancellation, had his driver's license under suspension or revocation; (2) is or becomes subject to epilepsy or heart attacks, and such individual does not produce a certificate from a physician testifying to his unqualified ability to operate a motor vehicle safely; (3) has an accident record, conviction record (criminal or traffic), physical, or mental condition which is such that his operation of a motor vehicle might endanger the public safety; (4) has, within the 36 months prior to the notice of cancellation, been addicted to the use of narcotics or other drugs; G2 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 54 of 59 General Policy Conditions (5) has been convicted or forfeited bail, during the 36 months immediately preceding the notice of cancellation, for any felony, criminal negligence resulting in death, homicide or assault arising out of the operation of a motor vehicle, operating a motor vehicle while in an intoxicated condition or while under the influence of drugs, being intoxicated while in, or about a motor vehicle or while having custody of a motor vehicle, leaving the scene of an accident without stopping to report, theft or unlawful taking of a motor vehicle, making false statements in an application for an operator's or chauffeur's license or has been convicted or forfeited bail for three or more violations within the 36 months immediately preceding the notice of cancellation, of any law, ordinance or regulation limiting the speed of motor vehicles or any of the provisions of the motor vehicle laws of any state, violation of which constitutes a misdemeanor, whether or not the violations were repetitions of the same offense or different offenses. (g) your auto is: (1) so mechanically defective that its operation might endanger public safety; (2) used in carrying passengers for hire or compensation. (The use of a motor vehicle for a car pool shall not be considered use of a motor vehicle for hire or compensation.); (3) used in the business of transportation of flammables or explosives; (4) an authorized emergency vehicle; (5) changed in shape or condition during the policy period so as to increase the risk substantially; or (6) subject to an inspection law and has not been inspected or, if inspected, has failed to qualify. (2) We must mail notice to the policyholder 30 days prior to the effective date of cancellation, unless we are cancelling for nonpayment of premium. To cancel for nonpayment, we will mail notice to the policyholder 10 days prior to the termination of coverage. d) In any case of cancellation by us under items b) or c) above, our mailing of notice to the policyholder's last known address will constitute proof of notice as of the date we mail it. We will retain premium for days covered during the policy period. If we cancel for nonpayment of premium, a penalty fee may be charged on unearned premium. e) Premium refund, if any due, will be made on or before the date of cancellation. Mailing or delivery of our check will constitute tender of refund. 6. DIVIDENDS The policyholder is entitled to any dividends which are declared by the Board of Directors and are applicable to coverages in this policy. 7. IF YOU BECOME BANKRUPT Bankruptcy or insolvency of any insured will not relieve us of any obligation under the terms of this policy. ASSIGNABILITY8. No interest in this policy can be transferred without our written consent. However, if the policyholder dies, this coverage will stay in force for the rest of the policy period for: 1. Anyone having proper temporary custody of your auto; and 2. The appointed legal representative. G3 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 55 of 59 General Policy Conditions 9. FRAUD AND MISREPRESENTATION a) THIS POLICY WAS ISSUED IN RELIANCE ON THE INFORMATION YOU PROVIDED AT THE TIME OF YOUR APPLICATION FOR INSURANCE COVERAGE. WE MAY VOID PORTIONS OF THIS POLICY AS PERMITTED BY STATE LAW, DENY COVERAGE UNDER THIS POLICY OR, AT OUR ELECTION, ASSERT ANY OTHER REMEDY AVAILABLE UNDER APPLICABLE LAW, IF YOU, OR ANY INSURED PERSON SEEKING COVERAGE UNDER THIS POLICY, KNOWINGLY, OR UNKNOWINGLY CONCEALED, MISREPRESENTED OR OMITTED ANY MATERIAL FACT OR ENGAGED IN FRAUDULENT CONDUCT AT THE TIME THE APPLICATION WAS MADE OR AT ANY TIME DURING THE POLICY PERIOD. b) WE MAY VOID PORTIONS OF THIS POLICY AS PERMITTED BY STATE LAW, DENY COVERAGE FOR AN ACCIDENT OR LOSS, OR AT OUR ELECTION, ASSERT ANY OTHER REMEDY AVAILABLE UNDER APPLICABLE LAW, IF ANY INSURED PERSON OR ANY OTHER PERSON SEEKING COVERAGE UNDER THIS POLICY HAS KNOWINGLY OR UNKNOWINGLY CONCEALED OR MISREPRESENTED ANY MATERIAL FACT OR ENGAGED IN FRAUDULENT CONDUCT IN CONNECTION WITH THE FILING OR SETTLEMENT OF ANY CLAIM. c) IF WE DENY COVERAGE UNDER THIS POLICY, THIS SHALL NOT AFFECT THE LIABILITY COVERAGE OF THIS POLICY UP TO THE MINIMUM LIMITS REQUIRED BY THE FINANCIAL RESPONSIBILITY LAW OF THE STATE OF GEORGIA, IF WE HAVE CERTIFIED YOUR POLICY AS PROOF OF FINANCIAL RESPONSIBILITY TO THE REGISTRAR OF MOTOR VEHICLES OF THE STATE OF GEORGIA, AND IF THE ACCIDENT OCCURS BEFORE WE NOTIFY THE NAMED INSURED THAT THE POLICY IS VOID. IF WE VOID THIS POLICY, YOU MUST REIMBURSE US IF WE MAKE A PAYMENT. d) NO PERSON OR ORGANIZATION WHO ENGAGES IN FRAUDULENT CONDUCT IN CONNECTION WITH THE APPLICATION PROCESS, AN ACCIDENT OR FILING A CLAIM, OR ENGAGES IN ANY MATERIAL MISREPRESENTATION REGARDING THE ISSUANCE OF THIS POLICY SHALL BE ENTITLED TO RECEIVE ANY PAYMENT UNDER THIS POLICY AT ANY TIME. 10. LEGAL ACTION LIMITATIONS No legal action may be brought against the company concerning any of the coverages provided in this policy until the insured has fully complied with all the terms of the policy. Under the Auto Liability coverages of this policy, no legal action may be brought against the company until judgment against the insured has been finally determined after trial. This policy does not give anyone the right to make us a party to any action to determine the liability of an insured. Under the Medical Payments coverage, if the insured intends to file suit to recover damages under this provision, the insured must bring suit against the company within four years of the date of the loss. Under Uninsured Motorists coverage, legal action against the company must begin within a certain time period. The proper papers for legal action against the company must be filed within the time limit allowed by law: a) for death actions if the claim involves death of an insured; or b) for bodily injury actions if the claim involves injury to an insured but not death; or c) for property damage actions if the claim is for damage to property. The laws of the state in which the accident occurred will determine these time limits. G4 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 56 of 59 General Policy Conditions 11. SUBROGATION We have the right of subrogation under any: a) Physical Damage; b) Auto Liability; c) Uninsured Motorists--Bodily Injury; and d) Uninsured Motorists--Property Damage; coverages in this policy and its endorsements. This means that after paying a loss to you or others under this policy, we will have the insured's right to sue for or otherwise recover such loss from anyone else who may be held liable. Also, we may require reimbursement from the insured out of any settlement or judgment that duplicates our payments. These rights apply only after the insured has been fully compensated for the loss. These provisions will be applied in accordance with state law. Any insured will sign such papers, and do whatever else is necessary to transfer these rights to us, and will do nothing to prejudice them. 12. NON-SUFFICIENT FUNDS AND LATE PAYMENTS CHARGES The company reserves the right to impose a fee for any premium payment that is unable to be processed due to non-sufficient funds, or if there are non-sufficient funds in an account that is being utilized for electronic funds transfer (EFT) payments, or if the premium is not paid by the due date. This is under the terms and conditions approved where required by the Department of Insurance. If the initial premium payment for this policy is unable to be processed due to non-sufficient funds as indicated above, we reserve the right to void the policy back to the date of inception. When we void the policy, we will not be liable for any claims which occurred during the policy period. This includes any claims reported to us prior to receiving notice of the non-sufficient funds payment. 13. COVERAGE CONTINUATION This policy is continued for the benefit of a spouse who is covered under this policy immediately prior to: a) the death of the policyholder; or b) the termination of the marital relationship; provided such notice is given to us or our agent following such death or termination. Such continuation of coverage shall be for 90 days following such death or termination or until the current policy term ends, whichever is shorter. This policy shall be excess when the spouse is insured or has coverage under another policy. In no event will this policy: a) duplicate payments for the same elements of loss; or b) extend coverage to any other motor vehicles which are not covered by this policy. 14. NOTICE OF LOSS BY THIRD PARTY After 30 days from the date of an accident, an injured third party may provide us with notice of loss involving the Auto Liability coverage of this policy provided such third party: a) was injured as a result of the accident; b) has a claim against an insured under this policy for the accident; and c) promptly provides us such notice within a reasonable period of time by mail. This condition does not relieve any insured of any obligation required under this policy. G5 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 57 of 59 General Policy Conditions 15. APPLICABLE CONTRACT LAW The contract law of the state where the policy was issued governs the interpretation of this contract. 16. INTEREST RATE If a court determines that interest on judgment, decree, or order for the payment of money is required by law on amounts due and payable under the policy to an insured, or if it is otherwise determined by us that you are entitled to interest on a payment from us, it will be paid at the rate of two per cent per annum, unless another rate is required by law. 17. JOINT AND INDIVIDUAL INTERESTS If there is more than one person who is a named insured as shown in the Declarations for this policy, any such person may cancel or change this policy. However, If an organization is listed exclusively as the named insured, as shown in the Declarations for this policy, the sole proprietor, majority shareholder or majority member of an organization, or general partner of a family limited partnership may cancel or change this policy. Such action will be binding on any insured. MUTUAL POLICY CONDITIONS (Applicable only to policies issued by Nationwide Mutual Insurance Company-Nationwide Mutual Fire Insurance Company.) If this policy is issued by Nationwide Mutual Insurance Company or Nationwide Mutual Fire Insurance Company, the policyholder is a member of the company issuing the policy while this or any other policy issued by one of these two companies is in force. While a member, the policyholder is entitled to one vote only-regardless of the number of policies issued to the policyholder-either in person or by proxy at meetings of members of said company. The annual meeting of members of Nationwide Mutual Insurance Company will be held at the Home Office at Columbus, Ohio, at 10 a.m. on the first Thursday of April. The annual meeting of members of Nationwide Mutual Fire Insurance Company will be held at the Home Office at Columbus, Ohio, at 9:30 a.m. on the first Thursday of April. If the Board of Directors of either of the above companies should elect to change the time or place of meeting, that company will mail notice of the change to the policyholder at the address last known to it. The company will mail this notice at least 10 days in advance of the meeting date. This policy is non-assessable, meaning that the policyholder is not subject to any assessment beyond the premiums the above companies require for each policy term. G6 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 58 of 59 ____________________________________________________________________ General Policy Conditions IN WITNESS WHEREOF: Nationwide Mutual Insurance Company, Nationwide Mutual Fire Insurance Company, Nationwide Property and Casualty Insurance Company, Nationwide General Insurance Company, Nationwide Insurance Company of America, Nationwide Affinity Insurance Company of America, Nationwide Assurance Company, Nationwide Agribusiness Insurance Company, AMCO Insurance Company, Allied Property and Casualty Insurance Company, or Depositors Insurance Company, whichever is the issuing company as shown in the Declarations, has caused this policy to be signed by its President and Secretary, and countersigned as may be required by a duly authorized representative of the company. IJKL President Nationwide Mutual Insurance CompanyRSTUSecretary Nationwide Affinity Insurance Company of America Nationwide Mutual Insurance Company Nationwide Property & Casualty Insurance Company Nationwide Mutual Fire Insurance Company Nationwide Mutual Fire Insurance CompanyNationwide General Insurance Company Nationwide Insurance Company of America Nationwide Affinity Insurance Company of America Nationwide Assurance Company Allied Property and Casualty Insurance Company AMCO Insurance Company EFGHDepositors Insurance Company President Nationwide Insurance Company of America Allied Property and Casualty Insurance Company AMCO Insurance Company Depositors Insurance Company ABCD Secretary Nationwide Property & Casualty Insurance Company NOPQPresident Nationwide General Insurance Company WXYUVWXivwx PresidentSecretary Nationwide Agribusiness Insurance Company Nationwide Agribusiness Insurance Company MNOP President Nationwide Assurance Company Nationwide Insurance Companies/Home Office: Columbus, Ohio 43215-2220 Nationwide Mutual insurance Company Nationwide Mutual Fire Insurance Company Nationwide Property and Casualty Insurance Company Nationwide General Insurance Company Nationwide Insurance Company of America Nationwide Affinity Insurance Company of America Nationwide Assurance Company Nationwide Agribusiness Insurance Company AMCO Insurance Company Allied Property and Casualty Insurance Company Depositors Insurance Company ABCD 2010 Nationwide Mutual Insurance Company, All Rights Reserved G7 Case 1:16-cv-00222-MHC Document 62-2 Filed 03/13/17 Page 59 of 59 EXHIBIT B Case 1:16-cv-00222-MHC Document 62-3 Filed 03/13/17 Page 1 of 3 Case 1:16-cv-00222-MHC Document 62-3 Filed 03/13/17 Page 2 of 3 Redacted Case 1:16-cv-00222-MHC Document 62-3 Filed 03/13/17 Page 3 of 3