Volume 173

MAY 2021

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GORDIS ON INSURANCE:

PERSONAL LINES, AUTOMOBILE SECTION

Conditions

INSURED'S DUTIES

Notice of Accident
The company must be notified promptly of how, when and where the accident occurred. Furthermore, the insured is required to promptly forward copies of any notices or legal papers he or she receives in connection with an accident.

Cooperation with Company
The obligation on the part of the insured to cooperate with the company is identical with that stated in other liability policies. This requirement falls on the named insured and any other person who is included as an insured because he or she operates the described automobile with the named insured's permission. Certain obligations are also placed on the injured person; these are discussed directly below.

Medical Reports-Proof
The injured person, or someone on his or her behalf, is required as soon as is practicable to give written proof of claim to the insurance company. He or she is also required to execute authorization to enable the company to obtain medical reports and copies of records, and to submit to physical examination by physicians selected by the company when and as often as the company may reasonably require.

Uninsured Motorist Coverage
If a hit-and-run driver is involved, the insured must notify the police promptly and send all legal papers to the company promptly.

Damage to the Insured's Auto
After a loss, the insured must take reasonable steps to protect the property from further loss. The company will reimburse the insured for expenses he or she incurs in this matter. The insured must permit the company to inspect the damage before it's repaired.

Subrogation
A personal automobile policy contains a provision that is similar to the subrogation clauses found in practically every form of property and liability insurance. The policy specifically states that the insured is to do nothing after the occurrence of a loss that will prejudice the company's right of subrogation against third parties.

If, however, the insured has waived his or her rights against a third party prior to a loss, this provision does not apply, and the insured is not held to have committed a breach of his or her policy. Contrast this situation with one that may apply under subrogation clauses under other policies: They do not allow such waiver of rights and provide that if the insured has done anything to impair the company's right of subrogation, the policy is breached.