ii.

Hil.

PHGNIX INDEMNITY COMPANY
New York, N. Y.

(A Capital Stock Insurance Company Herein Called the Company)

Does Hereby Agree with the insured, named in the declarations made a part hereof, in consideration
of the payment of the premium and of the statements contained in the declarations and subject to the
limits of liability, exclusions, conditions and other terms of this policy:

Insuring Agreements

Coverage A — Bodily Injury Liability

To pay on behalf of the insured all sums which the
insured shall become obligated to pay by reason of the
liability imposed upon him by law for damages, including
damages for care and loss of services, because of bodily
injury, including death at any time resulting therefrom,
sustained by any person or persons, caused by accident
and arising out of the ownership, maintenance or use of
the automobile.

Coverage B — Property Damage Liability

To pay on behalf of the insured all sums which the
insured shall become obligated to pay by reason of the
liability imposed upon him by law for damages because
of injury to or destruction of property, including the loss
of use thereof, caused by accident and arising out of the
ownership, maintenance or use of the automobile.

Defense, Settlement, Supplementary Payments. It is

further agreed that as respects insurance afforded by this

policy the company shall

(a) defend in his name and behalf any suit against the
insured alleging such injury or destruction and seek-
ing damages on account thereof, even if such suit is
groundless, false or fraudulent; but the company
shall have the right to make such investigation, nego-
tiation and settlement of any claim or suit as may be
deemed expedient by the company ;

pay all premiums on bonds to release attachments for
an amount not in excess of the applicable limit of
liability of this policy, all premiums on appeal bonds
required in any such defended suit, but without any
obligation to apply for or furnish such bonds, all
costs taxed against the insured in any such suit, all
expenses incurred by the company, all interest accru-
ing after entry of judgment until the company has
paid, tendered or deposited in court such part of such
judgment as does not exceed the limit of the com-
pany’s liability thereon, and expenses incurred by the
insured, in the event of bodily injury, for such imme-
diate medical and surgical relief to others as shall be
imperative at the time of accident.

The company agrees to pay the amounts incurred under
divisions (a) and (b) of this section in addition to the
applicable limit of liability of this policy.

Definition of “Insured.” The unqualified word “insured”
wherever used includes not only the named insured but
also any person while using the automobile and any per-
son or organization legally responsible for the use thereof,
provided the declared and actual use of the automoblie is

(b)

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pleasure and business” or “commercial”, each as defined 9

IV.

herein, and provided further the actual use is with the
permission of the named insured. The provisions of this
paragraph do not apply:

(a) to any person or organization with respect to bodily
injury to or death of any person who is a named insured ;

(b) to any person or organization, or to any agent or
employee thereof, operating an automobile repair shop,
public garage, sales agency, service station, or public
parking place, with respect to any accident arising out of
the operation thereof ;

(c) to any employee of an insured with respect to any
action brought against said employee because of bodily
injury to or death of another employee of the same in-
sured injured in the course of such employment in an
accident arising out of the maintenance or use of the
automobile in the business of such insured.

Automatic Insurance for Newly Acquired Automobiles.
If the named insured who is the owner of the automobile
acquires ownership of another automobile, such insurance
as is afforded by this policy applies also to such other
automobile as of the date of its delivery to him: (a) if it
replaces an automobile described in this policy, and if it
may be classified for the purpose of use stated in this
policy, but only to the extent the insurance is applicable
to the replaced automobile, and (b) if it does not replace
an automobile described in this policy, and if it is used for
pleasure purposes or in the business of the named insured
as stated in the declarations, and if the company insures
all automobiles owned by the named insured at the date of
such delivery, but only to the extent the insurance is
applicable to all such previously owned automobiles. The
insurance afforded by this policy terminates upon
the replaced automobile at the date of such delivery. The
provisions of this paragraph do not apply (a) to any loss
against which the named insured has other valid and
collectible insurance, or (b) unless the named insured
notifies the company within ten days following the date of
delivery of such other automobile, or (c) except during
the policy period, but if the date of delivery of such other
automobile is prior to the effective date of this policy the
insurance applies as of the effective date of this policy,
or (d) unless the named insured pays any additional
premium required because of the application of this
insurance to such other automobile.

Policy Period, Territory, Purposes of Use. This policy
applies only to accidents which occur during the policy
period, while the automobile is within the United States
of America, Canada, Hawaii, or Newfoundland, or while
on a vessel between ports within said territory, and is
owned, maintained and used for the purposes stated as
applicable thereto in the declarations.

Exclusions

This policy does not apply:

(a) while the automobile is used in the business of dem-
onstrating or testing, or as a public or livery conveyance,
or for carrying persons for a charge, unless such use is
specifically declared and described in this policy and pre-
mium charged therefor ;

(b) while the automobile is used for the towing of any
trailer not covered by like insurance in the company; or
while any trailer covered by this policy is used with any
automobile not covered by like insurance in the company ;

&) while the automobile is operated by any person under
e age of fourteen years, or by any person in violation
of any state, federal or provincial law as to age applicable
to such person or to his occupation, or by any person in
any prearranged race or competitive speed test ;

(d) to liability assumed by the insured under any contract
or agreement ;

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(e) except as stated in Condition 7, to any accident which
occurs after the transfer during the policy period of the
interest of the named insured in the automobile, without
the written consent of the company ;

(f) under Coverage A, to bodily injury to or death of
any employee of the insured while engaged in the business,
other than domestic employment, of the insured, or while
engaged in the operation, maintenance or repair of the
automobile; or to any obligation for which the insured
may be held liable under any workmen’s compensation
law;

(g) under Coverage A, to bodily injury to or death of
any person from an accident while such person is in the
automobile, the declared use of which is “commercial”, if
more than eight persons are then in the automobile and it
is being used for purposes other than the business of the
named insured; |

(h) under Coverage B, to property owned by, rented to, _
leased to, in charge of, or transported by the insured.