Legal Car Replacement Endorsement

LEGAL CAR REPLACEMENT ENDORSEMENT

This Legal Car Replacement Endorsement (the "Endorsement") is made and entered into as of Effective Date: by and between Owner Name: with Mailing Address: and Insurer Name: with Mailing Address: .

RECITALS

WHEREAS, Owner is the registered owner of the vehicle described as Make/Model/Year: , VIN: ; and

WHEREAS, Owner and Insurer have entered into an insurance policy bearing Policy Number: (the "Policy"), and Owner desires contractual assurance of replacement vehicle remedies in the event of covered loss; and

WHEREAS, Insurer is willing to provide the coverages and obligations set forth in this Endorsement subject to the terms and conditions herein.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. DEFINITIONS

For purposes of this Endorsement, the following terms shall have the meanings set forth below unless the context otherwise requires:

(a) "Covered Loss" means loss or damage to the Insured Vehicle caused by collision, comprehensive event, theft, or other peril expressly covered under the Policy and as further qualified by this Endorsement.

(b) "Replacement Vehicle" means a vehicle provided or paid for by Insurer pursuant to this Endorsement where Owner's Insured Vehicle is unavailable due to a Covered Loss resulting in repair or total loss.

2. ENDORSEMENT COVERAGE

Subject to the terms, conditions, limitations and exclusions of the Policy and this Endorsement, Insurer agrees to provide Replacement Vehicle benefits as set forth herein when Owner demonstrates a Covered Loss to the Insured Vehicle during the Policy term.

Replacement benefits available (check applicable option(s)):

3. ELIGIBILITY AND EXCLUSIONS

Replacement benefits shall apply only if Owner complies with all claims reporting and cooperation obligations set forth in the Policy. Replacement benefits do not cover losses arising from willful misconduct, intentional acts, use for hire or livery services, unauthorized drivers, or operation while under the influence of alcohol or controlled substances. Insurer may decline replacement benefits where fraud or material misrepresentation is demonstrated.

Specific additional exclusions (if any) are described below:

4. CLAIM PROCEDURE

Owner must notify Insurer of a Covered Loss within days of the loss and submit all documentation reasonably requested, including police reports, photographs, repair estimates, and proofs of ownership. Insurer shall authorize or deny replacement benefits within a commercially reasonable period not to exceed days after receipt of complete documentation.

5. PREMIUMS, DEDUCTIBLES AND PAYMENT

Any additional premium charged for this Endorsement shall be specified in an endorsement schedule attached to the Policy or listed below. Deductibles applicable to Replacement Vehicle benefits shall be those set forth in the Policy and will apply per occurrence unless otherwise agreed in writing.

Endorsement Premium and Deductible

Additional premium for this Endorsement: $ . Deductible applicable to Replacement benefits: $ .

6. TERM, RENEWAL AND TERMINATION

This Endorsement becomes effective on the Effective Date and remains in force concurrent with the Policy unless terminated earlier in accordance with the Policy terms or by mutual written agreement. Either party may terminate this Endorsement for material breach that remains uncured for a period of thirty (30) days following written notice specifying the breach.

7. REPRESENTATIONS, WARRANTIES AND CONDITIONS

Each party represents and warrants that it has full power and authority to enter into and perform this Endorsement, that the person executing this Endorsement on its behalf is duly authorized, and that this Endorsement constitutes a valid and binding obligation enforceable against it in accordance with its terms. Owner represents that all statements and information provided to Insurer in support of a claim are true and complete to the best of Owner's knowledge.

8. INDEMNIFICATION AND LIMITATION OF LIABILITY

Each party shall indemnify, defend and hold harmless the other against third-party claims arising from its own negligent acts or willful misconduct in connection with this Endorsement. Except as to liability for gross negligence or willful misconduct, each party's aggregate liability under this Endorsement shall not exceed the greater of (a) the limits established in the Policy or (b) the replacement limits expressly stated herein.

9. NOTICES

All notices under this Endorsement shall be in writing and delivered by personal delivery, nationally recognized overnight courier, or certified mail, return receipt requested, to the addresses set forth in the opening paragraph or to such other address as a party has specified in a written notice to the other. Notice is deemed received on the date of personal delivery, on the first business day after deposit with an overnight courier, or on the date of receipt recorded on the return receipt for certified mail.

10. AMENDMENTS; WAIVER

This Endorsement may be amended only by a written instrument executed by both parties. No waiver of any breach or default hereunder shall be effective unless in writing and signed by the party granting the waiver. A waiver of one breach shall not constitute a waiver of any subsequent breach.

11. COUNTERPARTS

This Endorsement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures transmitted by electronic image or electronic signature technology shall be binding for all purposes.

12. GOVERNING LAW

This Endorsement shall be governed by and construed in accordance with the laws of the state identified below, without regard to that state's principles of conflicts of law.

Governing State

State:

13. ENTIRE AGREEMENT

This Endorsement, together with the Policy and any attachments expressly incorporated herein, contains the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties.

14. SEVERABILITY

If any provision of this Endorsement is held to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby, and the parties shall negotiate in good faith to replace the invalid provision with a valid provision that achieves, to the extent possible, the parties' original intent.

15. MISCELLANEOUS

The headings in this Endorsement are for convenience only and shall not affect the interpretation of any provision. The parties agree to execute such further documents and to take such further actions as may be reasonably required to carry out the purposes of this Endorsement.

SIGNATURES

The parties have executed this Legal Car Replacement Endorsement as of the dates set forth below.

Sign Now