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b. Any insurance we provide with respect to a d. A person seeking coverage from an <br /> vehicle: insurer, owner or operator of a vehicle <br /> (1) The Named Insured does not own; or described in Paragraph b. of the definition <br /> of "uninsured motor vehicle" must also <br /> (2) Owned by the Named Insured or, if the promptly notify us in writing of a tentative <br /> Named Insured is an individual, any"family settlement between the "insured" and the <br /> member", that is not a covered "auto" for insurer and allow us to advance payment <br /> Uninsured Motorists Coverage under this to that"insured" in an amount equal to the <br /> coverage form; tentative settlement within 30 days after <br /> shall be excess over any other collectible unin- receipt of notification to preserve our <br /> sured motorists insurance providing coverage rights against the insurer, owner or opera- <br /> on a primary basis. for of such vehicle. <br /> c. If the coverage under this coverage form is 3. Transfer Of Rights Of Recovery Against <br /> provided: Others To Us is changed as follows: <br /> (1) On a primary basis, we will pay only our a. If we make any payment on the Named <br /> share of the loss that must be paid under Insured's behalf, we are entitled to <br /> insurance providing coverage on a primary recover what we paid from other parties. <br /> basis. Our share is the proportion that our The Named Insured must transfer rights <br /> limit of liability bears to the total of all of recovery against others to us. The <br /> applicable limits of liability for coverage on Named Insured must do everything nec- <br /> a primary basis. essary to secure these rights and do <br /> (2) On an excess basis, we will pay only our nothing to jeopardize them. <br /> share of the loss that must be paid under However, our rights under this paragraph <br /> insurance providing coverage on an do not apply with respect to vehicles <br /> excess basis. Our share is the proportion described in Paragraphs FA.a., c. and d. <br /> that our limit of liability bears to the total of of the definition of "uninsured motor vehi- <br /> all applicable limits of liability for coverage cle". For these vehicles, if we make any <br /> on an excess basis. payment and the Named Insured recovers <br /> from another party, that Named Insured <br /> 2. Duties In The Event Of Accident, Claim, Suit Or must hold the proceeds in trust for us and <br /> Loss is changed by adding the following: pay us back the amounts we have paid. <br /> a. Promptly notify the police if a hit-and-run driver b. Our rights do not apply under this provi- <br /> is involved. sion with respect to damages caused by <br /> b. Promptly send us copies of the legal papers if an "accident" with a vehicle described in <br /> a "suit" is brought. A "suit" may not be brought Paragraph b. of the definition of "unin- <br /> against anyone legally responsible for the use sured motor vehicle" if we: <br /> of any "auto" involved in the "accident" until 60 (1) Have been given prompt written <br /> days after an "insured" notifies us or our agent notice of a tentative settlement <br /> of his or her belief that the prospective defen- between an "insured" and the insurer <br /> dant is an uninsured motorist. of a vehicle described in Paragraph b. <br /> c. Any person who intends to pursue recovery of the definition of "uninsured motor <br /> against the owner or operator of an "uninsured vehicle"; and <br /> motor vehicle", as described in Paragraph b.of (2) Fail to advance payment to the "in- <br /> the definition of "uninsured motor vehicle", for sured" in an amount equal to the <br /> damages beyond those paid or payable under tentative settlement within 30 days <br /> this policy shall give us: after receipt of notification. <br /> (1) Notice of such intent; and If we advance payment to the "insured" in <br /> (2) The opportunity to participate, at our an amount equal to the tentative settle- <br /> expense, in the prosecution of such claim. ment within 30 days after receipt of notifi- <br /> cation: <br /> (1) That payment will be separate from <br /> any amount the "insured" is entitled to <br /> recover under the provisions of <br /> Underinsured Motor Vehicle Cover- <br /> age; and <br /> (2) We also have a right to recover the <br /> advanced payment. <br /> Copyright, Insurance Services Office, Inc., 2009 CA 21 16 0410 <br /> Page 3 of 4 <br /> INSURED'S COPY <br />