1. 4. 6. Conditions Automobile Defined. Two or More Automobiles. cept where specifically stated to the contrary, the word “automobile” wherever used in this policy shall mean the motor vehicle, trailer or semi-trailer described herein ; and shall include a trailer other than a trailer home, while used exclusively for personal, pleasure or family purposes, other than business purposes, with the automobile classi- fied herein as “pleasure and business”; and the word “trailer” shall include semi-trailer. When two or more auto- mobiles are insured hereunder, the terms of this policy shall apply separately to each but as respects limits of bodily injury liability and property damage liability a motor vehicle and a trailer or trailers attached thereto shall be held to be one automobile. Notice of Accident—Claim or Suit. Upon the occurrence of an accident written notice shall be given by or on be- half of the insured to the company or any of its authorized agents as soon as practicable. Such notice shall contain particulars sufficient to identify the insured and also reasonably obtainable information respecting the time, place and circumstances of the accident, the names and addresses of the injured and of available witnesses. If claim is made or suit is brought against the insured, the insured shall immediately forward to the company every demand, notice, summons or other process received by him or his representative. Assistance and Cooperation of the Insured. The insured shall cooperate with the company and, upon the company’s request, shall attend hearings and trials and shall assist in effecting settlements, securing and giving evidence, ob- taining the attendance of witnesses and in the conduct of suits; and the company shall reimburse the insured for expenses, other than loss of earnings, incurred at the com- pany’s request. The insured shall not, except at his own cost, voluntarily make any payment, assume any obliga- tion or incur any expense other than for such immediate medical and surgical relief to others as shall be impera- tive at the time of accident. Other Insurance. If the insured has other insurance against a loss covered by this policy the company shall not be liable under this policy for a greater proportion of such loss than the applicable limit of liability stated in the declarations bears to the total applicable limit of liability of all valid and collectible insurance against such loss. Subrogation. In the event of any payment under this policy the company shall be subrogated to all the insured’s rights of recovery therefor and the insured shall execute all papers required and shall do everything that may be necessary to secure such rights. Changes. No notice to any agent, or knowledge possessed by any agent or by any other person shall be held to effect a waiver or change in any part of this policy nor estop the company from asserting any right under the terms of this policy; nor shall the terms of this policy be waived or changed, except by endorsement issued to form a part hereof, signed by the President of the company. Assignment. No assignment of interest under this policy shall bind the company until its consent is endorsed here- on; if, however, the named insured shall die or be ad- judged bankrupt or insolvent within the policy period, this policy, unless canceled, shall, if written notice be given to the company within thirty days after the date of such death or adjudication, cover (1) the named insured’s legal representative as the named insured, and (2) sub- ject otherwise to the provisions of Paragraph III, any person having proper temporary custody of the automo- bile, as an insured, until the appointment and qualifica- tion of such legal representative, but in no event for a period of more than thirty days after the date of such death or adjudication. Cancelation. This policy may be canceled by the named insured by mailing written notice to the company stating when thereafter such cancelation shall be effective, in which case the company shall, upon demand, refund the excess of premium paid by such insured above the custom- ary short rate premium for the expired term. This policy may be canceled by the company by mailing written notice y Ex- 4 y 1 0. 11. 12. 13. to the named insured at the address shown in this policy stating when not less than five days thereafter such can- celation shall be effective, and upon demand the company shall refund the excess of premium paid by such insured above the pro rata premium for the expired term, The mailing of notice as aforesaid shall be sufficient proof of notice and the insurance under this policy as aforesaid shall end on the effective date and hour of cancelation stated in the notice. Delivery of such written notice either by the named insured or by the company shall be equiv- alent to mailing. The company’s check or the check of its representative similarly mailed or delivered shall be a sufficient tender of any refund of premium due to the named insured. If required by statute in the state where this policy is issued, refund of premium due to the named insured shall be tendered with notice of cancelation when the policy is canceled by the company and refund of pre- mium due to the named insured shall be made upon com- putation thereof when the policy is canceled by the named insured. Declarations. By acceptance of this policy the named insured agrees that the statements in the declarations are his agreements and representations, that this policy is issued in reliance upon the truth of such representations, and that this policy embodies all agreements existing between himself and the company or any of its agents relating to this insurance. Limits of Liability. The limit of bodily injury liability COVERAGE A stated in the declarations as applicable to “each person” is the limit of the company’s liability for all damages, including damages for care and loss of ser- vices, arising out of bodily injury, including death at any time resulting therefrom, sustained by one person in any one accident; the limit of such liability stated in the dec- larations as applicable to “each accident” is, subject to the above provision respecting each person, the total limit of the company’s liability for all damages, including dam- ages for care and loss of services, arising out of bodily injury, including death at any time resulting therefrom, sustained by two or more persons in any one accident. Limits of Liability. The inclusion herein of more than one insured shall not operate to increase the limits of the company’s liability. Financial Responsibility Laws. Such insurance as is afforded by this policy for bodily injury liability or prop- erty damage liability shall comply with the provisions of the motor vehicle financial responsibility law of any. state or province which shall be applicable with respect to any such liability arising out of the ownership, maintenance or use of the automobile during the policy period, to the extent of the coverage and limits of liability required by such law, but in no event in excess of the limits of liability stated in this policy. The insured agrees to reimburse the company for any payment made by the company which it would not have been obligated to make under the terms of this policy except for the agreement contained in this paragraph. Action Against Company. No action shall lie against the company unless, as a condition precedent thereto, the insured shall have fully complied with all of the terms of this policy, nor until the amount of the insured’s obliga- tion to pay shall have been finally determined either by judgment against the insured after actual trial or by written agreement of the insured, the claimant, and the company. Any person or his legal representative who has secured such judgment or written agreement shall thereafter be entitled to recover under the terms of this policy in the same manner and to the same extent as the insured. Nothing contained in this policy shall give any person or organization any right to join the company as a co- defendant in any action against the insured to determine the insured’s liability. Bankruptcy or insolvency of the insured or of the insured’s estate shall not relieve the company of any of its obligations hereunder. IN WITNESS WHEREOF, the Phoenix Indemnity Company has caused this Policy to be signed by its President, but this Policy shall not bind the Company unless countersigned by a duly authorized representative of the Company. 4304 President.